ENROLLED
       2025 Legislature            CS for CS for SB 1804, 1st Engrossed
       
       
       
       
       
       
                                                             20251804er
    1  
    2         An act relating to capital human trafficking of
    3         vulnerable persons for sexual exploitation; amending
    4         s. 92.565, F.S.; specifying that a defendant’s
    5         memorialized confession or admission in cases of
    6         capital human trafficking of vulnerable persons for
    7         sexual exploitation is admissible during trial under
    8         specified circumstances; amending s. 456.51, F.S.;
    9         specifying that consent is not required for pelvic
   10         examinations administered pursuant to a criminal
   11         investigation of an alleged violation of capital human
   12         trafficking of vulnerable persons for sexual
   13         exploitation; amending s. 775.0877, F.S.; requiring a
   14         court to order a person who is convicted of or who had
   15         pled nolo contendere or guilty to, or to the attempt
   16         thereof, capital human trafficking of vulnerable
   17         persons for sexual exploitation to undergo HIV
   18         testing; amending s. 775.21, F.S.; requiring that an
   19         offender who is convicted of committing capital human
   20         trafficking of vulnerable persons for sexual
   21         exploitation be designated as a sexual predator;
   22         amending s. 787.01, F.S.; specifying that a person
   23         commits a life felony if the person kidnaps a child
   24         under a certain age and in the course of committing
   25         that offense commits capital human trafficking of
   26         vulnerable persons for sexual exploitation; amending
   27         s. 787.02, F.S.; specifying that a person commits a
   28         felony of the first degree if the person falsely
   29         imprisons a child under a certain age and in the
   30         course of committing that offense commits capital
   31         human trafficking of vulnerable persons for sexual
   32         exploitation; amending s. 787.06, F.S.; defining the
   33         term “sexual exploitation”; prohibiting a person 18
   34         years of age or older from knowingly initiating,
   35         organizing, planning, financing, directing, managing,
   36         or supervising a venture that has subjected a child
   37         younger than 12 years of age, or a person who is
   38         mentally defective or mentally incapacitated, to human
   39         trafficking for sexual exploitation; providing a
   40         criminal penalty; requiring the state to give a
   41         specified notice if it intends to seek the death
   42         penalty for a violation of the offense; creating s.
   43         921.1427, F.S.; providing legislative findings and
   44         intent; providing for separate death penalty
   45         proceedings in certain cases; providing for findings
   46         and recommended sentences by a jury; providing for
   47         imposition of sentence of life imprisonment or death;
   48         providing requirements for a court order in support of
   49         a life imprisonment or death sentence; providing for
   50         automatic review of sentences of death within a
   51         certain time period; specifying aggravating factors
   52         and mitigating circumstances; providing for victim
   53         impact evidence; providing for resentencing if
   54         provisions are found to be unconstitutional; providing
   55         applicability; amending s. 924.07, F.S.; authorizing
   56         the state to appeal from a certain sentence on the
   57         ground that it resulted from the failure of the
   58         circuit court to comply with specified sentencing
   59         procedure requirements; amending ss. 943.0435,
   60         944.606, and 944.607, F.S.; revising the definition of
   61         the term “sexual offender”; amending s. 948.32, F.S.;
   62         requiring state or local law enforcement agencies to
   63         contact the Department of Corrections if they
   64         investigate or arrest a person for committing, or
   65         attempting, soliciting, or conspiring to commit,
   66         capital human trafficking of vulnerable persons for
   67         sexual exploitation; amending s. 960.065, F.S.;
   68         revising eligibility for awards for victim assistance;
   69         amending ss. 921.137 and 921.141, F.S.; conforming
   70         provisions to changes made by the act; reenacting s.
   71         16.713(1)(c), F.S., relating to the Florida Gaming
   72         Control Commission, appointment and employment
   73         restrictions, to incorporate the amendment made to s.
   74         775.21, F.S., in a reference thereto; reenacting s.
   75         39.0139(3)(a), F.S., relating to visitation or other
   76         contact and restrictions, to incorporate the amendment
   77         made to s. 775.21, F.S., in a reference thereto;
   78         reenacting s. 39.509(6)(b), F.S., relating to
   79         grandparents rights, to incorporate the amendment made
   80         to s. 775.21, F.S., in a reference thereto; reenacting
   81         s. 39.806(1)(d) and (n), F.S., relating to grounds for
   82         termination of parental rights, to incorporate the
   83         amendment made to s. 775.21, F.S., in references
   84         thereto; reenacting s. 61.13(9)(c), F.S., relating to
   85         support of children, parenting and time-sharing, and
   86         powers of the court, to incorporate the amendment made
   87         to s. 775.21, F.S., in a reference thereto; reenacting
   88         s. 63.089(4)(b), F.S., relating to proceeding to
   89         terminate parental rights pending adoption, hearing,
   90         grounds, dismissal of petition, and judgment, to
   91         incorporate the amendment made to s. 775.21, F.S., in
   92         a reference thereto; reenacting s. 63.092(3), F.S.,
   93         relating to report to the court of intended placement
   94         by an adoption entity, at-risk placement, and
   95         preliminary study, to incorporate the amendment made
   96         to s. 775.21, F.S., in a reference thereto; reenacting
   97         s. 68.07(3)(i) and (6), F.S., relating to change of
   98         name, to incorporate the amendment made to s. 775.21,
   99         F.S., in references thereto; reenacting s.
  100         92.55(1)(b), F.S., relating to special protections in
  101         proceedings involving a victim or witness under 18,
  102         person with intellectual disability, or sexual offense
  103         victim, to incorporate the amendment made to s.
  104         775.21, F.S., in a reference thereto; reenacting s.
  105         322.141(3), F.S., relating to color or markings of
  106         certain licenses or identification cards, to
  107         incorporate the amendment made to s. 775.21, F.S., in
  108         a reference thereto; reenacting s. 397.487(10)(b),
  109         F.S., relating to voluntary certification of recovery
  110         residences, to incorporate the amendment made to s.
  111         775.21, F.S., in a reference thereto; reenacting s.
  112         435.07(4)(b), F.S., relating to exemptions from
  113         disqualification, to incorporate the amendment made to
  114         s. 775.21, F.S., in a reference thereto; reenacting s.
  115         455.213(3)(b), F.S., relating to general licensing
  116         provisions, to incorporate the amendment made to s.
  117         775.21, F.S., in a reference thereto; reenacting s.
  118         489.553(7), F.S., relating to administration of part,
  119         registration qualifications, and examination, to
  120         incorporate the amendment made to s. 775.21, F.S., in
  121         a reference thereto; reenacting s. 507.07(10), F.S.,
  122         relating to violations, to incorporate the amendment
  123         made to s. 775.21, F.S., in a reference thereto;
  124         reenacting s. 775.13(4), F.S., relating to
  125         registration of convicted felons, exemptions, and
  126         penalties, to incorporate the amendment made to s.
  127         775.21, F.S., in a reference thereto; reenacting s.
  128         775.25, F.S., relating to prosecutions for acts or
  129         omissions, to incorporate the amendment made to s.
  130         775.21, F.S., in a reference thereto; reenacting s.
  131         794.075(1), F.S., relating to sexual predators and
  132         erectile dysfunction drugs, to incorporate the
  133         amendment made to s. 775.21, F.S., in a reference
  134         thereto; reenacting s. 900.05(2)(cc), F.S., relating
  135         to criminal justice data collection, to incorporate
  136         the amendment made to s. 775.21, F.S., in a reference
  137         thereto; reenacting s. 903.0351(1)(c), F.S., relating
  138         to restrictions on pretrial release pending probation
  139         violation hearing or community-control-violation
  140         hearing, to incorporate the amendment made to s.
  141         775.21, F.S., in a reference thereto; reenacting s.
  142         903.046(2)(m), F.S., relating to purpose of and
  143         criteria for bail determination, to incorporate the
  144         amendment made to s. 775.21, F.S., in a reference
  145         thereto; reenacting s. 903.133(3), F.S., relating to
  146         bail on appeal prohibited for certain felony
  147         convictions, to incorporate the amendment made to s.
  148         775.21, F.S., in a reference thereto; reenacting s.
  149         907.043(4)(b), F.S., relating to pretrial release and
  150         citizens’ right to know, to incorporate the amendment
  151         made to s. 775.21, F.S., in a reference thereto;
  152         reenacting s. 938.10(1), F.S., relating to additional
  153         court cost imposed in cases of certain crimes, to
  154         incorporate the amendment made to s. 775.21, F.S., in
  155         a reference thereto; reenacting s. 943.0435(5), F.S.,
  156         relating to sexual offenders required to register with
  157         the department and penalties, to incorporate the
  158         amendment made to s. 775.21, F.S., in a reference
  159         thereto; reenacting s. 943.0584(2), F.S., relating to
  160         criminal history records ineligible for court-ordered
  161         expunction or court-ordered sealing, to incorporate
  162         the amendment made to s. 775.21, F.S., in a reference
  163         thereto; reenacting s. 944.609(4), F.S., relating to
  164         career offenders and notification upon release, to
  165         incorporate the amendment made to s. 775.21, F.S., in
  166         a reference thereto; reenacting s. 947.1405(2)(c) and
  167         (10), F.S., relating to conditional release program,
  168         to incorporate the amendment made to s. 775.21, F.S.,
  169         in references thereto; reenacting s. 948.013(2)(b),
  170         F.S., relating to administrative probation, to
  171         incorporate the amendment made to s. 775.21, F.S., in
  172         a reference thereto; reenacting s. 948.05(2)(f), F.S.,
  173         relating to court to admonish or commend probationer
  174         or offender in community control and graduated
  175         incentives, to incorporate the amendment made to s.
  176         775.21, F.S., in a reference thereto; reenacting s.
  177         948.06(4) and (8)(b) and (d), F.S., relating to
  178         violation of probation or community control,
  179         revocation, modification, continuance, and failure to
  180         pay restitution or cost of supervision, to incorporate
  181         the amendment made to s. 775.21, F.S., in references
  182         thereto; reenacting s. 948.063, F.S., relating to
  183         violations of probation or community control by
  184         designated sexual offenders and sexual predators, to
  185         incorporate the amendment made to s. 775.21, F.S., in
  186         a reference thereto; reenacting s. 948.064(4), F.S.,
  187         relating to notification of status as a violent felony
  188         offender of special concern, to incorporate the
  189         amendment made to s. 775.21, F.S., in a reference
  190         thereto; reenacting s. 948.12, F.S., relating to
  191         intensive supervision for postprison release of
  192         violent offenders, to incorporate the amendment made
  193         to s. 775.21, F.S., in a reference thereto; reenacting
  194         s. 948.30(3), F.S., relating to additional terms and
  195         conditions of probation or community control for
  196         certain sex offenses, to incorporate the amendment
  197         made to s. 775.21, F.S., in a reference thereto;
  198         reenacting s. 948.31, F.S., relating to evaluation and
  199         treatment of sexual predators and offenders on
  200         probation or community control, to incorporate the
  201         amendment made to s. 775.21, F.S., in a reference
  202         thereto; reenacting s. 985.04(6)(b), F.S., relating to
  203         oaths, records, and confidential information, to
  204         incorporate the amendment made to s. 775.21, F.S., in
  205         a reference thereto; reenacting s. 61.13(2)(c) and
  206         (9)(c), F.S., relating to support of children,
  207         parenting and time-sharing, and powers of the court,
  208         to incorporate the amendment made to s. 943.0435,
  209         F.S., in references thereto; reenacting s. 68.07(3)(i)
  210         and (6), F.S., relating to change of name, to
  211         incorporate the amendment made to s. 943.0435, F.S.,
  212         in references thereto; reenacting s. 92.55(1)(b),
  213         F.S., relating to special protections in proceedings
  214         involving a victim or witness under 18, person with
  215         intellectual disability, or sexual offense victim, to
  216         incorporate the amendment made to s. 943.0435, F.S.,
  217         in a reference thereto; reenacting s. 98.0751(2)(b),
  218         F.S., relating to restoration of voting rights and
  219         termination of ineligibility subsequent to a felony
  220         conviction, to incorporate the amendment made to s.
  221         943.0435, F.S., in a reference thereto; reenacting s.
  222         322.141(3), F.S., relating to color or markings of
  223         certain licenses or identification cards, to
  224         incorporate the amendment made to s. 943.0435, F.S.,
  225         in a reference thereto; reenacting s. 394.9125(2),
  226         F.S., relating to state attorney authority to refer a
  227         person for civil commitment, to incorporate the
  228         amendment made to s. 943.0435, F.S., in a reference
  229         thereto; reenacting s. 435.07(4)(b), F.S., relating to
  230         exemptions from disqualification, to incorporate the
  231         amendment made to s. 943.0435, F.S., in a reference
  232         thereto; reenacting s. 775.0862(2), F.S., relating to
  233         sexual offenses against students by authority figures
  234         and reclassification, to incorporate the amendment
  235         made to s. 943.0435, F.S., in a reference thereto;
  236         reenacting s. 775.13(4), F.S., relating to
  237         registration of convicted felons, exemptions, and
  238         penalties, to incorporate the amendment made to s.
  239         943.0435, F.S., in a reference thereto; reenacting s.
  240         775.24(2), F.S., relating to the duty of the court to
  241         uphold laws governing sexual predators and sexual
  242         offenders, to incorporate the amendment made to s.
  243         943.0435, F.S., in a reference thereto; reenacting s.
  244         775.25, F.S., relating to prosecutions for acts or
  245         omissions, to incorporate the amendment made to s.
  246         943.0435, F.S., in a reference thereto; reenacting s.
  247         900.05(2)(cc), F.S., relating to criminal justice data
  248         collection, to incorporate the amendment made to s.
  249         943.0435, F.S., in a reference thereto; reenacting s.
  250         903.046(2)(m), F.S., relating to purpose of and
  251         criteria for bail determination, to incorporate the
  252         amendment made to s. 943.0435, F.S., in a reference
  253         thereto; reenacting s. 903.133, F.S., relating to bail
  254         on appeal prohibited for certain felony convictions,
  255         to incorporate the amendment made to s. 943.0435,
  256         F.S., in a reference thereto; reenacting s.
  257         907.043(4)(b), F.S., relating to pretrial release and
  258         citizens’ right to know, to incorporate the amendment
  259         made to s. 943.0435, F.S., in a reference thereto;
  260         reenacting s. 934.255(2)(a), F.S., relating to
  261         subpoenas in investigations of sexual offenses, to
  262         incorporate the amendment made to s. 943.0435, F.S.,
  263         in a reference thereto; reenacting s. 938.10(1), F.S.,
  264         relating to additional court cost imposed in cases of
  265         certain crimes, to incorporate the amendment made to
  266         s. 943.0435, F.S., in a reference thereto; reenacting
  267         s. 943.0436(2), F.S., relating to the duty of the
  268         court to uphold laws governing sexual predators and
  269         sexual offenders, to incorporate the amendment made to
  270         s. 943.0435, F.S., in a reference thereto; reenacting
  271         s. 943.0584(2), F.S., relating to criminal history
  272         records ineligible for court-ordered expunction or
  273         court-ordered sealing, to incorporate the amendment
  274         made to s. 943.0435, F.S., in a reference thereto;
  275         reenacting s. 943.0595(2)(a), F.S., relating to
  276         automatic sealing of criminal history records and
  277         confidentiality of related court records, to
  278         incorporate the amendment made to s. 943.0435, F.S.,
  279         in a reference thereto; reenacting s. 947.1405(12),
  280         F.S., relating to the conditional release program, to
  281         incorporate the amendment made to s. 943.0435, F.S.,
  282         in a reference thereto; reenacting s. 948.013(2)(b),
  283         F.S., relating to administrative probation, to
  284         incorporate the amendment made to s. 943.0435, F.S.,
  285         in a reference thereto; reenacting s. 948.05(2)(f),
  286         F.S., relating to court to admonish or commend
  287         probationer or offender in community control and
  288         graduated incentives, to incorporate the amendment
  289         made to s. 943.0435, F.S., in a reference thereto;
  290         reenacting s. 948.06(4), F.S., relating to violation
  291         of probation or community control, revocation,
  292         modification, continuance, and failure to pay
  293         restitution or cost of supervision, to incorporate the
  294         amendment made to s. 943.0435, F.S., in a reference
  295         thereto; reenacting s. 948.063, F.S., relating to
  296         violations of probation or community control by
  297         designated sexual offenders and sexual predators, to
  298         incorporate the amendment made to s. 943.0435, F.S.,
  299         in a reference thereto; reenacting s. 948.30(4), F.S.,
  300         relating to additional terms and conditions of
  301         probation or community control for certain sex
  302         offenses, to incorporate the amendment made to s.
  303         943.0435, F.S., in a reference thereto; reenacting s.
  304         948.31, F.S., relating to evaluation and treatment of
  305         sexual predators and offenders on probation or
  306         community control, to incorporate the amendment made
  307         to s. 943.0435, F.S., in a reference thereto;
  308         reenacting s. 985.04(6)(b), F.S., relating to oaths,
  309         records, and confidential information, to incorporate
  310         the amendment made to s. 943.0435, F.S., in a
  311         reference thereto; reenacting s. 1012.467(2)(b), F.S.,
  312         relating to noninstructional contractors who are
  313         permitted access to school grounds when students are
  314         present and background screening requirements, to
  315         incorporate the amendment made to s. 943.0435, F.S.,
  316         in a reference thereto; reenacting s. 775.24(2), F.S.,
  317         relating to the duty of the court to uphold laws
  318         governing sexual predators and sexual offenders, to
  319         incorporate the amendment made to s. 944.606, F.S., in
  320         a reference thereto; reenacting s. 775.25, F.S.,
  321         relating to prosecutions for acts or omissions, to
  322         incorporate the amendment made to s. 944.606, F.S., in
  323         a reference thereto; reenacting s. 943.0436(2), F.S.,
  324         relating to the duty of the court to uphold laws
  325         governing sexual predators and sexual offenders, to
  326         incorporate the amendment made to s. 944.606, F.S., in
  327         a reference thereto; reenacting s. 948.31, F.S.,
  328         relating to evaluation and treatment of sexual
  329         predators and offenders on probation or community
  330         control, to incorporate the amendment made to s.
  331         944.606, F.S., in a reference thereto; reenacting s.
  332         985.04(6)(b), F.S., relating to oaths, records, and
  333         confidential information, to incorporate the amendment
  334         made to s. 944.606, F.S., in a reference thereto;
  335         reenacting s. 322.141(3), F.S., relating to color or
  336         markings of certain licenses or identification cards,
  337         to incorporate the amendment made to s. 944.607, F.S.,
  338         in a reference thereto; reenacting s. 775.13(4), F.S.,
  339         relating to registration of convicted felons,
  340         exemptions, and penalties, to incorporate the
  341         amendment made to s. 944.607, F.S., in a reference
  342         thereto; reenacting s. 775.24(2), F.S., relating to
  343         the duty of the court to uphold laws governing sexual
  344         predators and sexual offenders, to incorporate the
  345         amendment made to s. 944.607, F.S., in a reference
  346         thereto; reenacting s. 775.25, F.S., relating to
  347         prosecutions for acts or omissions, to incorporate the
  348         amendment made to s. 944.607, F.S., in a reference
  349         thereto; reenacting s. 943.0436(2), F.S., relating to
  350         the duty of the court to uphold laws governing sexual
  351         predators and sexual offenders, to incorporate the
  352         amendment made to s. 944.607, F.S., in a reference
  353         thereto; reenacting s. 948.06(4), F.S., relating to
  354         violation of probation or community control,
  355         revocation, modification, continuance, and failure to
  356         pay restitution or cost of supervision, to incorporate
  357         the amendment made to s. 944.607, F.S., in a reference
  358         thereto; reenacting s. 948.063, F.S., relating to
  359         violations of probation or community control by
  360         designated sexual offenders and sexual predators, to
  361         incorporate the amendment made to s. 944.607, F.S., in
  362         a reference thereto; reenacting s. 948.31, F.S.,
  363         relating to evaluation and treatment of sexual
  364         predators and offenders on probation or community
  365         control, to incorporate the amendment made to s.
  366         944.607, F.S., in a reference thereto; reenacting s.
  367         985.04(6)(b), F.S., relating to oaths, records, and
  368         confidential information, to incorporate the amendment
  369         made to s. 944.607, F.S., in a reference thereto;
  370         providing an effective date.
  371          
  372  Be It Enacted by the Legislature of the State of Florida:
  373  
  374         Section 1. Subsection (2) of section 92.565, Florida
  375  Statutes, is amended to read:
  376         92.565 Admissibility of confession in sexual abuse cases.—
  377         (2) In any criminal action in which the defendant is
  378  charged with a crime against a victim under s. 787.06(3),
  379  involving commercial sexual activity, or (5); s. 794.011; s.
  380  794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
  381  s. 827.04, involving sexual abuse; s. 827.071; or s.
  382  847.0135(5), or any other crime involving sexual abuse of
  383  another, or with any attempt, solicitation, or conspiracy to
  384  commit any of these crimes, the defendant’s memorialized
  385  confession or admission is admissible during trial without the
  386  state having to prove a corpus delicti of the crime if the court
  387  finds in a hearing conducted outside the presence of the jury
  388  that the state is unable to show the existence of each element
  389  of the crime, and having so found, further finds that the
  390  defendant’s confession or admission is trustworthy. Factors
  391  which may be relevant in determining whether the state is unable
  392  to show the existence of each element of the crime include, but
  393  are not limited to, the fact that, at the time the crime was
  394  committed, the victim was:
  395         (a) Physically helpless, mentally incapacitated, or
  396  mentally defective, as those terms are defined in s. 794.011;
  397         (b) Physically incapacitated due to age, infirmity, or any
  398  other cause; or
  399         (c) Less than 12 years of age.
  400         Section 2. Paragraph (e) of subsection (2) of section
  401  456.51, Florida Statutes, is amended to read:
  402         456.51 Consent for pelvic examinations.—
  403         (2) A health care practitioner, a medical student, or any
  404  other student receiving training as a health care practitioner
  405  may not perform a pelvic examination on an anesthetized or
  406  unconscious patient without the written consent of the patient
  407  or the patient’s legal representative executed specific to, and
  408  expressly identifying, the pelvic examination. If the patient is
  409  conscious, informed verbal consent must be obtained for the
  410  pelvic examination in addition to any written consent obtained.
  411  Consent is not required if:
  412         (e) The pelvic examination is administered pursuant to a
  413  criminal investigation of an alleged violation related to child
  414  abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g),
  415  or (5); chapter 794; chapter 796; chapter 800; chapter 827; or
  416  chapter 847.
  417         Section 3. Paragraph (o) of subsection (1) of section
  418  775.0877, Florida Statutes, is amended to read:
  419         775.0877 Criminal transmission of HIV; procedures;
  420  penalties.—
  421         (1) In any case in which a person has been convicted of or
  422  has pled nolo contendere or guilty to, regardless of whether
  423  adjudication is withheld, any of the following offenses, or the
  424  attempt thereof, which offense or attempted offense involves the
  425  transmission of body fluids from one person to another:
  426         (o) Sections 787.06(3)(b), (d), (f), and (g) and (5),
  427  relating to human trafficking, the court shall order the
  428  offender to undergo HIV testing, to be performed under the
  429  direction of the Department of Health in accordance with s.
  430  381.004, unless the offender has undergone HIV testing
  431  voluntarily or pursuant to procedures established in s.
  432  381.004(2)(h)6. or s. 951.27, or any other applicable law or
  433  rule providing for HIV testing of criminal offenders or inmates,
  434  subsequent to her or his arrest for an offense enumerated in
  435  paragraphs (a)-(n) for which she or he was convicted or to which
  436  she or he pled nolo contendere or guilty. The results of an HIV
  437  test performed on an offender pursuant to this subsection are
  438  not admissible in any criminal proceeding arising out of the
  439  alleged offense.
  440         Section 4. Paragraph (a) of subsection (4) of section
  441  775.21, Florida Statutes, is amended to read:
  442         775.21 The Florida Sexual Predators Act.—
  443         (4) SEXUAL PREDATOR CRITERIA.—
  444         (a) For a current offense committed on or after October 1,
  445  1993, upon conviction, an offender shall be designated as a
  446  “sexual predator” under subsection (5), and subject to
  447  registration under subsection (6) and community and public
  448  notification under subsection (7) if:
  449         1. The felony is:
  450         a. A capital, life, or first degree felony violation, or
  451  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  452  is a minor, or s. 787.06(3)(f) or (g), where the victim is a
  453  minor, or (5); s. 794.011, s. 800.04, or s. 847.0145, or a
  454  violation of a similar law of another jurisdiction; or
  455         b. Any felony violation, or any attempt thereof, of s.
  456  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  457  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  458  (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
  459  excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
  460  796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071;
  461  s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03,
  462  if the court makes a written finding that the racketeering
  463  activity involved at least one sexual offense listed in this
  464  sub-subparagraph or at least one offense listed in this sub
  465  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  466  985.701(1); or a violation of a similar law of another
  467  jurisdiction, and the offender has previously been convicted of
  468  or found to have committed, or has pled nolo contendere or
  469  guilty to, regardless of adjudication, any violation of s.
  470  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  471  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  472  (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
  473  excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
  474  796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
  475  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  476  the court makes a written finding that the racketeering activity
  477  involved at least one sexual offense listed in this sub
  478  subparagraph or at least one offense listed in this sub
  479  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  480  985.701(1); or a violation of a similar law of another
  481  jurisdiction;
  482         2. The offender has not received a pardon for any felony or
  483  similar law of another jurisdiction that is necessary for the
  484  operation of this paragraph; and
  485         3. A conviction of a felony or similar law of another
  486  jurisdiction necessary to the operation of this paragraph has
  487  not been set aside in any postconviction proceeding.
  488         Section 5. Subsection (3) of section 787.01, Florida
  489  Statutes, is amended to read:
  490         787.01 Kidnapping; kidnapping of child under age 13,
  491  aggravating circumstances.—
  492         (3)(a) A person who commits the offense of kidnapping upon
  493  a child under the age of 13 and who, in the course of committing
  494  the offense, commits one or more of the following:
  495         1. Aggravated child abuse, as defined in s. 827.03;
  496         2. Sexual battery, as defined in chapter 794, against the
  497  child;
  498         3. Lewd or lascivious battery, lewd or lascivious
  499  molestation, lewd or lascivious conduct, or lewd or lascivious
  500  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  501         4. A violation of former s. 796.03 or s. 796.04, relating
  502  to prostitution, upon the child;
  503         5. Exploitation of the child or allowing the child to be
  504  exploited, in violation of s. 450.151; or
  505         6. A violation of s. 787.06(3)(g) or (5), relating to human
  506  trafficking, commits a life felony, punishable as provided in s.
  507  775.082, s. 775.083, or s. 775.084.
  508         (b) Pursuant to s. 775.021(4), nothing contained herein
  509  shall be construed to prohibit the imposition of separate
  510  judgments and sentences for the life felony described in
  511  paragraph (a) and for each separate offense enumerated in
  512  subparagraphs (a)1.-6. subparagraphs (a)1.-5.
  513         Section 6. Subsection (3) of section 787.02, Florida
  514  Statutes, is amended to read:
  515         787.02 False imprisonment; false imprisonment of child
  516  under age 13, aggravating circumstances.—
  517         (3)(a) A person who commits the offense of false
  518  imprisonment upon a child under the age of 13 and who, in the
  519  course of committing the offense, commits any offense enumerated
  520  in subparagraphs (a)1.-6. subparagraphs 1.-5., commits a felony
  521  of the first degree, punishable by imprisonment for a term of
  522  years not exceeding life or as provided in s. 775.082, s.
  523  775.083, or s. 775.084.
  524         1. Aggravated child abuse, as defined in s. 827.03;
  525         2. Sexual battery, as defined in chapter 794, against the
  526  child;
  527         3. Lewd or lascivious battery, lewd or lascivious
  528  molestation, lewd or lascivious conduct, or lewd or lascivious
  529  exhibition, in violation of s. 800.04 or s. 847.0135(5);
  530         4. A violation of former s. 796.03 or s. 796.04, relating
  531  to prostitution, upon the child;
  532         5. Exploitation of the child or allowing the child to be
  533  exploited, in violation of s. 450.151; or
  534         6. A violation of s. 787.06(3)(g) or (5), relating to human
  535  trafficking.
  536         (b) Pursuant to s. 775.021(4), nothing contained herein
  537  shall be construed to prohibit the imposition of separate
  538  judgments and sentences for the first degree offense described
  539  in paragraph (a) and for each separate offense enumerated in
  540  subparagraphs (a)1.-6. (a)1.-5.
  541         Section 7. Present paragraphs (i) through (k) of subsection
  542  (2) of section 787.06, Florida Statutes, are redesignated as
  543  paragraphs (j) through (l), respectively, present subsections
  544  (5) through (13) of that section are redesignated as subsections
  545  (6) through (14), respectively, a new paragraph (i) is added to
  546  subsection (2) of that section, and a new subsection (5) is
  547  added to that section, to read:
  548         787.06 Human trafficking.—
  549         (2) As used in this section, the term:
  550         (i) “Sexual exploitation” means any violation of s.
  551  794.011, excluding s. 794.011(10).
  552         (5)(a) Any person 18 years of age or older who knowingly
  553  initiates, organizes, plans, finances, directs, manages, or
  554  supervises a venture that has subjected a child younger than 12
  555  years of age, or a person who is mentally defective or mentally
  556  incapacitated as those terms are defined in s. 794.011(1), to
  557  human trafficking for sexual exploitation commits capital human
  558  trafficking of vulnerable persons for sexual exploitation, a
  559  capital felony punishable as provided in ss. 775.082 and
  560  921.1427.
  561         (b) For each instance of human trafficking of any
  562  individual under paragraph (a), a separate crime is committed
  563  and a separate punishment is authorized.
  564         (c) In all capital cases under this subsection, the
  565  procedure in s. 921.1427 shall be followed to determine a
  566  sentence of death or life imprisonment.
  567         (d) If the prosecutor intends to seek the death penalty,
  568  the prosecutor must give notice to the defendant and file the
  569  notice with the court within 45 days after arraignment. The
  570  notice must contain a list of the aggravating factors the state
  571  intends to prove and has reason to believe it can prove beyond a
  572  reasonable doubt. The court may allow the prosecutor to amend
  573  the notice upon a showing of good cause.
  574         Section 8. Section 921.1427, Florida Statutes, is created
  575  to read:
  576         921.1427 Sentence of death or life imprisonment for capital
  577  human trafficking of vulnerable persons for sexual exploitation;
  578  further proceedings to determine sentence.—
  579         (1) INTENT.—
  580         (a) The Legislature finds that a person who commits the
  581  offense of initiating, organizing, planning, financing,
  582  directing, managing, or supervising a venture that has subjected
  583  a child younger than 12 years of age, or a person who is
  584  mentally defective or mentally incapacitated, to human
  585  trafficking for sexual exploitation in violation of s. 787.06(5)
  586  imposes a great risk of death and danger to vulnerable members
  587  of this state. Such crimes exploit society’s most vulnerable
  588  citizens, destroy the innocence of young children, and violate
  589  all standards of decency held by civilized society, and persons
  590  who commit such acts against such vulnerable persons may be
  591  determined by the trier of fact to have a culpable mental state
  592  of reckless indifference or disregard for human life.
  593         (b) It is the intent of the Legislature that the procedure
  594  in this section shall be followed, and a prosecutor must file
  595  notice as provided in s. 787.06(5) if he or she intends to seek
  596  the death penalty.
  597         (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
  598  conviction or an adjudication of guilt of a defendant of a
  599  capital felony under s. 787.06(5), the court shall conduct a
  600  separate sentencing proceeding to determine whether the
  601  defendant should be sentenced to death or life imprisonment as
  602  authorized by s. 775.082. The proceeding shall be conducted by
  603  the trial judge before the trial jury as soon as practicable.
  604  If, through impossibility or inability, the trial jury is unable
  605  to reconvene for a hearing on the issue of penalty, having
  606  determined the guilt of the accused, the trial judge may summon
  607  a special juror or jurors as provided in chapter 913 to
  608  determine the issue of the imposition of the penalty. If the
  609  trial jury has been waived, or if the defendant pleaded guilty,
  610  the sentencing proceeding shall be conducted before a jury
  611  impaneled for that purpose, unless waived by the defendant. In
  612  the proceeding, evidence may be presented as to any matter that
  613  the court deems relevant to the nature of the crime and the
  614  character of the defendant and shall include matters relating to
  615  any of the aggravating factors enumerated in subsection (7) and
  616  for which notice has been provided pursuant to s. 787.06(5) or
  617  mitigating circumstances enumerated in subsection (8). Any such
  618  evidence that the court deems to have probative value may be
  619  received, regardless of its admissibility under the exclusionary
  620  rules of evidence, provided the defendant is accorded a fair
  621  opportunity to rebut any hearsay statements. However, this
  622  subsection may not be construed to authorize the introduction of
  623  any evidence secured in violation of the United States
  624  Constitution or the State Constitution. The state and the
  625  defendant or the defendant’s counsel shall be permitted to
  626  present argument for or against a sentence of death.
  627         (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
  628  subsection applies only if the defendant has not waived his or
  629  her right to a sentencing proceeding by a jury.
  630         (a) After hearing all of the evidence presented regarding
  631  aggravating factors and mitigating circumstances, the jury shall
  632  deliberate and determine if the state has proven, beyond a
  633  reasonable doubt, the existence of at least two aggravating
  634  factors set forth in subsection (7).
  635         (b) The jury shall return findings identifying each
  636  aggravating factor found to exist. A finding that at least two
  637  aggravating factors exist must be unanimous. If the jury:
  638         1. Does not unanimously find at least two aggravating
  639  factors, the defendant is ineligible for a sentence of death.
  640         2. Unanimously finds at least two aggravating factors, the
  641  defendant is eligible for a sentence of death and the jury shall
  642  make a recommendation to the court as to whether the defendant
  643  shall be sentenced to life imprisonment without the possibility
  644  of parole or to death. The recommendation shall be based on a
  645  weighing of all of the following:
  646         a. Whether sufficient aggravating factors exist.
  647         b. Whether aggravating factors exist which outweigh the
  648  mitigating circumstances found to exist.
  649         c. Based on the considerations in sub-subparagraphs a. and
  650  b., whether the defendant should be sentenced to life
  651  imprisonment without the possibility of parole or to death.
  652         (c) If at least eight jurors determine that the defendant
  653  should be sentenced to death, the jury’s recommendation to the
  654  court shall be a sentence of death. If fewer than eight jurors
  655  determine that the defendant should be sentenced to death, the
  656  jury’s recommendation to the court shall be a sentence of life
  657  imprisonment without the possibility of parole.
  658         (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
  659         (a) If the jury has recommended a sentence of:
  660         1. Life imprisonment without the possibility of parole, the
  661  court shall impose the recommended sentence of life imprisonment
  662  without the possibility of parole.
  663         2. Death, the court, after considering each aggravating
  664  factor found by the jury and all mitigating circumstances, may
  665  impose a sentence of life imprisonment without the possibility
  666  of parole or a sentence of death. The court may consider only an
  667  aggravating factor that was unanimously found to exist by the
  668  jury. The court may impose a sentence of death only if the jury
  669  unanimously found at least two aggravating factors beyond a
  670  reasonable doubt.
  671         (b) If the defendant waived his or her right to a
  672  sentencing proceeding by a jury, the court, after considering
  673  all aggravating factors and mitigating circumstances, may impose
  674  a sentence of life imprisonment without the possibility of
  675  parole or a sentence of death. The court may impose a sentence
  676  of death only if the court finds that at least two aggravating
  677  factors have been proven to exist beyond a reasonable doubt.
  678         (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
  679  IMPRISONMENT OR DEATH.—In each case in which the court imposes a
  680  sentence of life imprisonment without the possibility of parole
  681  or a sentence of death, the court shall, considering the records
  682  of the trial and the sentencing proceedings, enter a written
  683  order addressing the aggravating factors set forth in subsection
  684  (7) found to exist, the mitigating circumstances in subsection
  685  (8) reasonably established by the evidence, whether there are
  686  sufficient aggravating factors to warrant the death penalty, and
  687  whether the aggravating factors outweigh the mitigating
  688  circumstances reasonably established by the evidence. The court
  689  shall include in its written order the reasons for not accepting
  690  the jury’s recommended sentence, if applicable. If the court
  691  does not issue its order requiring the death sentence within 30
  692  days after the rendition of the judgment and sentence, the court
  693  shall impose a sentence of life imprisonment without the
  694  possibility of parole in accordance with s. 775.082.
  695         (6) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
  696  conviction and sentence of death shall be subject to automatic
  697  review by the Supreme Court and disposition rendered within 2
  698  years after the filing of a notice of appeal. Such review by the
  699  Supreme Court shall have priority over all other cases and shall
  700  be heard in accordance with rules adopted by the Supreme Court.
  701         (7) AGGRAVATING FACTORS.—Aggravating factors shall be
  702  limited to the following:
  703         (a) The capital felony was committed by a person previously
  704  convicted of a felony violation under s. 787.06 and under
  705  sentence of imprisonment or placed on community control or on
  706  felony probation.
  707         (b) The defendant was previously convicted of another
  708  capital felony or of a felony involving the use or threat of
  709  violence to the person.
  710         (c) The capital felony was committed by a person designated
  711  as a sexual predator pursuant to s. 775.21 or a person
  712  previously designated as a sexual predator who had the sexual
  713  predator designation removed.
  714         (d) The capital felony was committed by a sexual offender
  715  who is required to register pursuant to s. 943.0435 or a person
  716  previously required to register as a sexual offender who had
  717  such requirement removed.
  718         (e) The defendant knowingly created a great risk of death
  719  to one or more persons such that participation in the offense
  720  constituted reckless indifference or disregard for human life.
  721         (f) The defendant used a firearm or knowingly directed,
  722  advised, authorized, or assisted another to use a firearm to
  723  threaten, intimidate, assault, or injure a person in committing
  724  the offense or in furtherance of the offense.
  725         (g) The capital felony was especially heinous, atrocious,
  726  or cruel.
  727         (h) The victim of the capital felony was particularly
  728  vulnerable due to age or disability, or because the defendant
  729  stood in a position of familial or custodial authority over the
  730  victim.
  731         (i) The capital felony was committed by a person subject to
  732  an injunction issued pursuant to s. 741.30 or s. 784.046, or a
  733  foreign protection order accorded full faith and credit pursuant
  734  to s. 741.315, and was committed against the petitioner who
  735  obtained the injunction or protection order or any spouse,
  736  child, sibling, or parent of the petitioner.
  737         (j) The victim of the capital felony sustained serious
  738  bodily injury.
  739         (8) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
  740  shall include the following:
  741         (a) The defendant has no significant history of prior
  742  criminal activity.
  743         (b) The capital felony was committed while the defendant
  744  was under the influence of extreme mental or emotional
  745  disturbance.
  746         (c) The defendant was an accomplice in the capital felony
  747  committed by another person, and the defendant’s participation
  748  was relatively minor.
  749         (d) The defendant was under extreme duress or under the
  750  substantial domination of another person.
  751         (e) The capacity of the defendant to appreciate the
  752  criminality of her or his conduct or to conform his or her
  753  conduct to the requirements of law was substantially impaired.
  754         (f) The age of the defendant at the time of the offense.
  755         (g) The defendant could not have reasonably foreseen that
  756  his or her conduct in the course of the commission of the
  757  offense would cause or would create a grave risk of death to one
  758  or more persons.
  759         (h) The existence of any other factors in the defendant’s
  760  background that would mitigate against imposition of the death
  761  penalty.
  762         (9) VICTIM IMPACT EVIDENCE.—Once the prosecution has
  763  provided evidence of the existence of two or more aggravating
  764  factors as described in subsection (7), the prosecution may
  765  introduce and subsequently argue victim impact evidence to the
  766  jury. Such evidence shall be designed to demonstrate the
  767  victim’s uniqueness as an individual human being and the
  768  physical and psychological harm to the victim. Characterizations
  769  and opinions about the crime, the defendant, and the appropriate
  770  sentence may not be permitted as a part of victim impact
  771  evidence.
  772         (10) CONSTITUTIONALITY.—Notwithstanding s. 775.082(2) or s.
  773  775.15, or any other provision of law, a sentence of death shall
  774  be imposed under this section notwithstanding existing case law
  775  which holds that such a sentence is unconstitutional under the
  776  State Constitution and the United States Constitution. In any
  777  case for which the Florida Supreme Court or the United States
  778  Supreme Court reviews a sentence of death imposed pursuant to
  779  this section, and in making such a review reconsiders the prior
  780  holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla.
  781  1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and
  782  determines that a sentence of death remains unconstitutional,
  783  the court having jurisdiction over the person previously
  784  sentenced to death shall cause such person to be brought before
  785  the court, and the court shall sentence such person to life
  786  imprisonment as provided in s. 775.082(1).
  787         (11) APPLICABILITY.—This section applies to any capital
  788  felony under s. 787.06(5) which is committed on or after October
  789  1, 2025.
  790         Section 9. Paragraph (o) is added to subsection (1) of
  791  section 924.07, Florida Statutes, to read:
  792         924.07 Appeal by state.—
  793         (1) The state may appeal from:
  794         (o) The sentence in a case of capital human trafficking of
  795  vulnerable persons for sexual exploitation on the ground that it
  796  resulted from the circuit court’s failure to comply with
  797  sentencing procedures under s. 921.1427, including by striking a
  798  notice of intent to seek the death penalty, refusing to impanel
  799  a capital jury, or otherwise granting relief that prevents the
  800  state from seeking a sentence of death.
  801         Section 10. Paragraph (h) of subsection (1) of section
  802  943.0435, Florida Statutes, is amended to read:
  803         943.0435 Sexual offenders required to register with the
  804  department; penalty.—
  805         (1) As used in this section, the term:
  806         (h)1. “Sexual offender” means a person who meets the
  807  criteria in sub-subparagraph a., sub-subparagraph b., sub
  808  subparagraph c., or sub-subparagraph d., as follows:
  809         a.(I) Has been convicted of committing, or attempting,
  810  soliciting, or conspiring to commit, any of the criminal
  811  offenses proscribed in the following statutes in this state or
  812  similar offenses in another jurisdiction: s. 393.135(2); s.
  813  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  814  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g), or
  815  (5); former s. 787.06(3)(h); s. 794.011, excluding s.
  816  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  817  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  818  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  819  847.0145; s. 895.03, if the court makes a written finding that
  820  the racketeering activity involved at least one sexual offense
  821  listed in this sub-sub-subparagraph or at least one offense
  822  listed in this sub-sub-subparagraph with sexual intent or
  823  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  824  committed in this state which has been redesignated from a
  825  former statute number to one of those listed in this sub-sub
  826  subparagraph; and
  827         (II) Has been released on or after October 1, 1997, from a
  828  sanction imposed for any conviction of an offense described in
  829  sub-sub-subparagraph (I) and does not otherwise meet the
  830  criteria for registration as a sexual offender under chapter 944
  831  or chapter 985. For purposes of this sub-sub-subparagraph, a
  832  sanction imposed in this state or in any other jurisdiction
  833  means probation, community control, parole, conditional release,
  834  control release, or incarceration in a state prison, federal
  835  prison, contractor-operated correctional facility, or local
  836  detention facility. If no sanction is imposed, the person is
  837  deemed to be released upon conviction;
  838         b. Establishes or maintains a residence in this state and
  839  who has not been designated as a sexual predator by a court of
  840  this state but who has been designated as a sexual predator, as
  841  a sexually violent predator, or any other sexual offender
  842  designation in another state or jurisdiction and was, as a
  843  result of such designation, subjected to registration or
  844  community or public notification, or both, or would be if the
  845  person were a resident of that state or jurisdiction, without
  846  regard to whether the person otherwise meets the criteria for
  847  registration as a sexual offender;
  848         c. Establishes or maintains a residence in this state who
  849  is in the custody or control of, or under the supervision of,
  850  any other state or jurisdiction as a result of a conviction for
  851  committing, or attempting, soliciting, or conspiring to commit,
  852  any of the criminal offenses proscribed in the following
  853  statutes or similar offense in another jurisdiction: s.
  854  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  855  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  856  (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
  857  excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
  858  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
  859  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  860  847.0138; s. 847.0145; s. 895.03, if the court makes a written
  861  finding that the racketeering activity involved at least one
  862  sexual offense listed in this sub-subparagraph or at least one
  863  offense listed in this sub-subparagraph with sexual intent or
  864  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  865  committed in this state which has been redesignated from a
  866  former statute number to one of those listed in this sub
  867  subparagraph; or
  868         d. On or after July 1, 2007, has been adjudicated
  869  delinquent for committing, or attempting, soliciting, or
  870  conspiring to commit, any of the criminal offenses proscribed in
  871  the following statutes in this state or similar offenses in
  872  another jurisdiction when the juvenile was 14 years of age or
  873  older at the time of the offense:
  874         (I) Section 794.011, excluding s. 794.011(10);
  875         (II) Section 800.04(4)(a)2. where the victim is under 12
  876  years of age or where the court finds sexual activity by the use
  877  of force or coercion;
  878         (III) Section 800.04(5)(c)1. where the court finds
  879  molestation involving unclothed genitals;
  880         (IV) Section 800.04(5)(d) where the court finds the use of
  881  force or coercion and unclothed genitals; or
  882         (V) Any similar offense committed in this state which has
  883  been redesignated from a former statute number to one of those
  884  listed in this sub-subparagraph.
  885         2. For all qualifying offenses listed in sub-subparagraph
  886  1.d., the court shall make a written finding of the age of the
  887  offender at the time of the offense.
  888  
  889  For each violation of a qualifying offense listed in this
  890  subsection, except for a violation of s. 794.011, the court
  891  shall make a written finding of the age of the victim at the
  892  time of the offense. For a violation of s. 800.04(4), the court
  893  shall also make a written finding indicating whether the offense
  894  involved sexual activity and indicating whether the offense
  895  involved force or coercion. For a violation of s. 800.04(5), the
  896  court shall also make a written finding that the offense did or
  897  did not involve unclothed genitals or genital area and that the
  898  offense did or did not involve the use of force or coercion.
  899         Section 11. Paragraph (f) of subsection (1) of section
  900  944.606, Florida Statutes, is amended to read:
  901         944.606 Sexual offenders; notification upon release.—
  902         (1) As used in this section, the term:
  903         (f) “Sexual offender” means a person who has been convicted
  904  of committing, or attempting, soliciting, or conspiring to
  905  commit, any of the criminal offenses proscribed in the following
  906  statutes in this state or similar offenses in another
  907  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  908  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  909  787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
  910  s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
  911  796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
  912  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  913  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
  914  if the court makes a written finding that the racketeering
  915  activity involved at least one sexual offense listed in this
  916  paragraph or at least one offense listed in this paragraph with
  917  sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
  918  any similar offense committed in this state which has been
  919  redesignated from a former statute number to one of those listed
  920  in this subsection, when the department has received verified
  921  information regarding such conviction; an offender’s
  922  computerized criminal history record is not, in and of itself,
  923  verified information.
  924         Section 12. Paragraph (f) of subsection (1) of section
  925  944.607, Florida Statutes, is amended to read:
  926         944.607 Notification to Department of Law Enforcement of
  927  information on sexual offenders.—
  928         (1) As used in this section, the term:
  929         (f) “Sexual offender” means a person who is in the custody
  930  or control of, or under the supervision of, the department or is
  931  in the custody of a contractor-operated correctional facility:
  932         1. On or after October 1, 1997, as a result of a conviction
  933  for committing, or attempting, soliciting, or conspiring to
  934  commit, any of the criminal offenses proscribed in the following
  935  statutes in this state or similar offenses in another
  936  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  937  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  938  787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
  939  s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
  940  796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
  941  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  942  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
  943  if the court makes a written finding that the racketeering
  944  activity involved at least one sexual offense listed in this
  945  subparagraph or at least one offense listed in this subparagraph
  946  with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
  947  or any similar offense committed in this state which has been
  948  redesignated from a former statute number to one of those listed
  949  in this paragraph; or
  950         2. Who establishes or maintains a residence in this state
  951  and who has not been designated as a sexual predator by a court
  952  of this state but who has been designated as a sexual predator,
  953  as a sexually violent predator, or by another sexual offender
  954  designation in another state or jurisdiction and was, as a
  955  result of such designation, subjected to registration or
  956  community or public notification, or both, or would be if the
  957  person were a resident of that state or jurisdiction, without
  958  regard as to whether the person otherwise meets the criteria for
  959  registration as a sexual offender.
  960         Section 13. Subsection (1) of section 948.32, Florida
  961  Statutes, is amended to read:
  962         948.32 Requirements of law enforcement agency upon arrest
  963  of persons for certain sex offenses.—
  964         (1) When any state or local law enforcement agency
  965  investigates or arrests a person for committing, or attempting,
  966  soliciting, or conspiring to commit, a violation of s.
  967  787.025(2)(c), s. 787.06(3)(g) or (5), chapter 794, former s.
  968  796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s.
  969  847.0145, the law enforcement agency shall contact the
  970  Department of Corrections to verify whether the person under
  971  investigation or under arrest is on probation, community
  972  control, parole, conditional release, or control release.
  973         Section 14. Subsection (2) of section 960.065, Florida
  974  Statutes, is amended to read:
  975         960.065 Eligibility for awards.—
  976         (2) Any claim filed by or on behalf of a person who:
  977         (a) Committed or aided in the commission of the crime upon
  978  which the claim for compensation was based;
  979         (b) Was engaged in an unlawful activity at the time of the
  980  crime upon which the claim for compensation is based, unless the
  981  victim was engaged in prostitution as a result of being a victim
  982  of human trafficking as described in s. 787.06(3)(b), (d), (f),
  983  or (g) or (5);
  984         (c) Was in custody or confined, regardless of conviction,
  985  in a county or municipal detention facility, a state or federal
  986  correctional facility, or a juvenile detention or commitment
  987  facility at the time of the crime upon which the claim for
  988  compensation is based;
  989         (d) Has been adjudicated as a habitual felony offender,
  990  habitual violent offender, or violent career criminal under s.
  991  775.084; or
  992         (e) Has been adjudicated guilty of a forcible felony
  993  offense as described in s. 776.08,
  994  
  995  is ineligible for an award.
  996         Section 15. Subsection (4) of section 921.137, Florida
  997  Statutes, is amended to read:
  998         921.137 Imposition of the death sentence upon an
  999  intellectually disabled defendant prohibited.—
 1000         (4) After a defendant who has given notice of his or her
 1001  intention to raise intellectual disability as a bar to the death
 1002  sentence is convicted of a capital felony and an advisory jury
 1003  has returned a recommended sentence of death, the defendant may
 1004  file a motion to determine whether the defendant is
 1005  intellectually disabled. Upon receipt of the motion, the court
 1006  shall appoint two experts in the field of intellectual
 1007  disabilities who shall evaluate the defendant and report their
 1008  findings to the court and all interested parties prior to the
 1009  final sentencing hearing. Notwithstanding s. 921.141, s.
 1010  921.142, or s. 921.1425, or s. 921.1427, the final sentencing
 1011  hearing shall be held without a jury. At the final sentencing
 1012  hearing, the court shall consider the findings of the court
 1013  appointed experts and consider the findings of any other expert
 1014  which is offered by the state or the defense on the issue of
 1015  whether the defendant has an intellectual disability. If the
 1016  court finds, by clear and convincing evidence, that the
 1017  defendant has an intellectual disability as defined in
 1018  subsection (1), the court may not impose a sentence of death and
 1019  shall enter a written order that sets forth with specificity the
 1020  findings in support of the determination.
 1021         Section 16. Subsection (9) of section 921.141, Florida
 1022  Statutes, is amended to read:
 1023         921.141 Sentence of death or life imprisonment for capital
 1024  felonies; further proceedings to determine sentence.—
 1025         (9) APPLICABILITY.—This section does not apply to a person
 1026  convicted or adjudicated guilty of a capital sexual battery
 1027  under s. 794.011, capital human trafficking of vulnerable
 1028  persons for sexual exploitation under s. 787.06(5), or a capital
 1029  drug trafficking felony under s. 893.135.
 1030         Section 17. For the purpose of incorporating the amendment
 1031  made by this act to section 775.21, Florida Statutes, in a
 1032  reference thereto, paragraph (c) of subsection (1) of section
 1033  16.713, Florida Statutes, is reenacted to read:
 1034         16.713 Florida Gaming Control Commission; appointment and
 1035  employment restrictions.—
 1036         (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
 1037  The following persons are ineligible for appointment to the
 1038  commission:
 1039         (c) A person who has been convicted of or found guilty of
 1040  or pled nolo contendere to, regardless of adjudication, in any
 1041  jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
 1042         Section 18. For the purpose of incorporating the amendment
 1043  made by this act to section 775.21, Florida Statutes, in a
 1044  reference thereto, paragraph (a) of subsection (3) of section
 1045  39.0139, Florida Statutes, is reenacted to read:
 1046         39.0139 Visitation or other contact; restrictions.—
 1047         (3) PRESUMPTION OF DETRIMENT.—
 1048         (a) A rebuttable presumption of detriment to a child is
 1049  created when:
 1050         1. A court of competent jurisdiction has found probable
 1051  cause exists that a parent or caregiver has sexually abused a
 1052  child as defined in s. 39.01;
 1053         2. A parent or caregiver has been found guilty of,
 1054  regardless of adjudication, or has entered a plea of guilty or
 1055  nolo contendere to, charges under the following statutes or
 1056  substantially similar statutes of other jurisdictions:
 1057         a. Section 787.04, relating to removing minors from the
 1058  state or concealing minors contrary to court order;
 1059         b. Section 794.011, relating to sexual battery;
 1060         c. Section 798.02, relating to lewd and lascivious
 1061  behavior;
 1062         d. Chapter 800, relating to lewdness and indecent exposure;
 1063         e. Section 826.04, relating to incest; or
 1064         f. Chapter 827, relating to the abuse of children; or
 1065         3. A court of competent jurisdiction has determined a
 1066  parent or caregiver to be a sexual predator as defined in s.
 1067  775.21 or a parent or caregiver has received a substantially
 1068  similar designation under laws of another jurisdiction.
 1069         Section 19. For the purpose of incorporating the amendment
 1070  made by this act to section 775.21, Florida Statutes, in a
 1071  reference thereto, paragraph (b) of subsection (6) of section
 1072  39.509, Florida Statutes, is reenacted to read:
 1073         39.509 Grandparents rights.—Notwithstanding any other
 1074  provision of law, a maternal or paternal grandparent as well as
 1075  a stepgrandparent is entitled to reasonable visitation with his
 1076  or her grandchild who has been adjudicated a dependent child and
 1077  taken from the physical custody of the parent unless the court
 1078  finds that such visitation is not in the best interest of the
 1079  child or that such visitation would interfere with the goals of
 1080  the case plan. Reasonable visitation may be unsupervised and,
 1081  where appropriate and feasible, may be frequent and continuing.
 1082  Any order for visitation or other contact must conform to the
 1083  provisions of s. 39.0139.
 1084         (6) In determining whether grandparental visitation is not
 1085  in the child’s best interest, consideration may be given to the
 1086  following:
 1087         (b) The designation by a court as a sexual predator as
 1088  defined in s. 775.21 or a substantially similar designation
 1089  under laws of another jurisdiction.
 1090         Section 20. For the purpose of incorporating the amendment
 1091  made by this act to section 775.21, Florida Statutes, in
 1092  references thereto, paragraphs (d) and (n) of subsection (1) of
 1093  section 39.806, Florida Statutes, are reenacted to read:
 1094         39.806 Grounds for termination of parental rights.—
 1095         (1) Grounds for the termination of parental rights may be
 1096  established under any of the following circumstances:
 1097         (d) When the parent of a child is incarcerated and either:
 1098         1. The period of time for which the parent is expected to
 1099  be incarcerated will constitute a significant portion of the
 1100  child’s minority. When determining whether the period of time is
 1101  significant, the court shall consider the child’s age and the
 1102  child’s need for a permanent and stable home. The period of time
 1103  begins on the date that the parent enters into incarceration;
 1104         2. The incarcerated parent has been determined by the court
 1105  to be a violent career criminal as defined in s. 775.084, a
 1106  habitual violent felony offender as defined in s. 775.084, or a
 1107  sexual predator as defined in s. 775.21; has been convicted of
 1108  first degree or second degree murder in violation of s. 782.04
 1109  or a sexual battery that constitutes a capital, life, or first
 1110  degree felony violation of s. 794.011; or has been convicted of
 1111  an offense in another jurisdiction which is substantially
 1112  similar to one of the offenses listed in this paragraph. As used
 1113  in this section, the term “substantially similar offense” means
 1114  any offense that is substantially similar in elements and
 1115  penalties to one of those listed in this subparagraph, and that
 1116  is in violation of a law of any other jurisdiction, whether that
 1117  of another state, the District of Columbia, the United States or
 1118  any possession or territory thereof, or any foreign
 1119  jurisdiction; or
 1120         3. The court determines by clear and convincing evidence
 1121  that continuing the parental relationship with the incarcerated
 1122  parent would be harmful to the child and, for this reason, that
 1123  termination of the parental rights of the incarcerated parent is
 1124  in the best interest of the child. When determining harm, the
 1125  court shall consider the following factors:
 1126         a. The age of the child.
 1127         b. The relationship between the child and the parent.
 1128         c. The nature of the parent’s current and past provision
 1129  for the child’s developmental, cognitive, psychological, and
 1130  physical needs.
 1131         d. The parent’s history of criminal behavior, which may
 1132  include the frequency of incarceration and the unavailability of
 1133  the parent to the child due to incarceration.
 1134         e. Any other factor the court deems relevant.
 1135         (n) The parent is convicted of an offense that requires the
 1136  parent to register as a sexual predator under s. 775.21.
 1137         Section 21. For the purpose of incorporating the amendment
 1138  made by this act to section 775.21, Florida Statutes, in a
 1139  reference thereto, paragraph (c) of subsection (9) of section
 1140  61.13, Florida Statutes, is reenacted to read:
 1141         61.13 Support of children; parenting and time-sharing;
 1142  powers of court.—
 1143         (9)
 1144         (c) A court may not order visitation at a recovery
 1145  residence if any resident of the recovery residence is currently
 1146  required to register as a sexual predator under s. 775.21 or as
 1147  a sexual offender under s. 943.0435.
 1148         Section 22. For the purpose of incorporating the amendment
 1149  made by this act to section 775.21, Florida Statutes, in a
 1150  reference thereto, paragraph (b) of subsection (4) of section
 1151  63.089, Florida Statutes, is reenacted to read:
 1152         63.089 Proceeding to terminate parental rights pending
 1153  adoption; hearing; grounds; dismissal of petition; judgment.—
 1154         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1155  resulting in a termination of parental rights must be based upon
 1156  clear and convincing evidence that a parent or person having
 1157  legal custody has abandoned the child in accordance with the
 1158  definition contained in s. 63.032. A finding of abandonment may
 1159  also be based upon emotional abuse or a refusal to provide
 1160  reasonable financial support, when able, to a birth mother
 1161  during her pregnancy or on whether the person alleged to have
 1162  abandoned the child, while being able, failed to establish
 1163  contact with the child or accept responsibility for the child’s
 1164  welfare.
 1165         (b) The child has been abandoned when the parent of a child
 1166  is incarcerated on or after October 1, 2001, in a federal,
 1167  state, or county correctional institution and:
 1168         1. The period of time for which the parent has been or is
 1169  expected to be incarcerated will constitute a significant
 1170  portion of the child’s minority. In determining whether the
 1171  period of time is significant, the court shall consider the
 1172  child’s age and the child’s need for a permanent and stable
 1173  home. The period of time begins on the date that the parent
 1174  enters into incarceration;
 1175         2. The incarcerated parent has been determined by a court
 1176  of competent jurisdiction to be a violent career criminal as
 1177  defined in s. 775.084, a habitual violent felony offender as
 1178  defined in s. 775.084, convicted of child abuse as defined in s.
 1179  827.03, or a sexual predator as defined in s. 775.21; has been
 1180  convicted of first degree or second degree murder in violation
 1181  of s. 782.04 or a sexual battery that constitutes a capital,
 1182  life, or first degree felony violation of s. 794.011; or has
 1183  been convicted of a substantially similar offense in another
 1184  jurisdiction. As used in this section, the term “substantially
 1185  similar offense” means any offense that is substantially similar
 1186  in elements and penalties to one of those listed in this
 1187  subparagraph, and that is in violation of a law of any other
 1188  jurisdiction, whether that of another state, the District of
 1189  Columbia, the United States or any possession or territory
 1190  thereof, or any foreign jurisdiction; or
 1191         3. The court determines by clear and convincing evidence
 1192  that continuing the parental relationship with the incarcerated
 1193  parent would be harmful to the child and, for this reason,
 1194  termination of the parental rights of the incarcerated parent is
 1195  in the best interests of the child.
 1196         Section 23. For the purpose of incorporating the amendment
 1197  made by this act to section 775.21, Florida Statutes, in a
 1198  reference thereto, subsection (3) of section 63.092, Florida
 1199  Statutes, is reenacted to read:
 1200         63.092 Report to the court of intended placement by an
 1201  adoption entity; at-risk placement; preliminary study.—
 1202         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1203  intended adoptive home, a preliminary home study must be
 1204  performed by a licensed child-placing agency, a child-caring
 1205  agency registered under s. 409.176, a licensed professional, or
 1206  an agency described in s. 61.20(2), unless the adoptee is an
 1207  adult or the petitioner is a stepparent or a relative. If the
 1208  adoptee is an adult or the petitioner is a stepparent or a
 1209  relative, a preliminary home study may be required by the court
 1210  for good cause shown. The department is required to perform the
 1211  preliminary home study only if there is no licensed child
 1212  placing agency, child-caring agency registered under s. 409.176,
 1213  licensed professional, or agency described in s. 61.20(2), in
 1214  the county where the prospective adoptive parents reside. The
 1215  preliminary home study must be made to determine the suitability
 1216  of the intended adoptive parents and may be completed before
 1217  identification of a prospective adoptive minor. If the
 1218  identified prospective adoptive minor is in the custody of the
 1219  department, a preliminary home study must be completed within 30
 1220  days after it is initiated. A favorable preliminary home study
 1221  is valid for 1 year after the date of its completion. Upon its
 1222  completion, a signed copy of the home study must be provided to
 1223  the intended adoptive parents who were the subject of the home
 1224  study. A minor may not be placed in an intended adoptive home
 1225  before a favorable preliminary home study is completed unless
 1226  the adoptive home is also a licensed foster home under s.
 1227  409.175. The preliminary home study must include, at a minimum:
 1228         (a) An interview with the intended adoptive parents.
 1229         (b) Records checks of the department’s central abuse
 1230  registry, which the department shall provide to the entity
 1231  conducting the preliminary home study, and criminal records
 1232  correspondence checks under s. 39.0138 through the Department of
 1233  Law Enforcement on the intended adoptive parents.
 1234         (c) An assessment of the physical environment of the home.
 1235         (d) A determination of the financial security of the
 1236  intended adoptive parents.
 1237         (e) Documentation of counseling and education of the
 1238  intended adoptive parents on adoptive parenting, as determined
 1239  by the entity conducting the preliminary home study. The
 1240  training specified in s. 409.175(14) shall only be required for
 1241  persons who adopt children from the department.
 1242         (f) Documentation that information on adoption and the
 1243  adoption process has been provided to the intended adoptive
 1244  parents.
 1245         (g) Documentation that information on support services
 1246  available in the community has been provided to the intended
 1247  adoptive parents.
 1248         (h) A copy of each signed acknowledgment of receipt of
 1249  disclosure required by s. 63.085.
 1250  
 1251  If the preliminary home study is favorable, a minor may be
 1252  placed in the home pending entry of the judgment of adoption. A
 1253  minor may not be placed in the home if the preliminary home
 1254  study is unfavorable. If the preliminary home study is
 1255  unfavorable, the adoption entity may, within 20 days after
 1256  receipt of a copy of the written recommendation, petition the
 1257  court to determine the suitability of the intended adoptive
 1258  home. A determination as to suitability under this subsection
 1259  does not act as a presumption of suitability at the final
 1260  hearing. In determining the suitability of the intended adoptive
 1261  home, the court must consider the totality of the circumstances
 1262  in the home. A minor may not be placed in a home in which there
 1263  resides any person determined by the court to be a sexual
 1264  predator as defined in s. 775.21 or to have been convicted of an
 1265  offense listed in s. 63.089(4)(b)2.
 1266         Section 24. For the purpose of incorporating the amendment
 1267  made by this act to section 775.21, Florida Statutes, in
 1268  references thereto, paragraph (i) of subsection (3) and
 1269  subsection (6) of section 68.07, Florida Statutes, are reenacted
 1270  to read:
 1271         68.07 Change of name.—
 1272         (3) Each petition shall be verified and show:
 1273         (i) Whether the petitioner has ever been required to
 1274  register as a sexual predator under s. 775.21 or as a sexual
 1275  offender under s. 943.0435.
 1276         (6) The clerk of the court must, within 5 business days
 1277  after the filing of the final judgment, send a report of the
 1278  judgment to the Department of Law Enforcement on a form to be
 1279  furnished by that department. If the petitioner is required to
 1280  register as a sexual predator or a sexual offender pursuant to
 1281  s. 775.21 or s. 943.0435, the clerk of court shall
 1282  electronically notify the Department of Law Enforcement of the
 1283  name change, in a manner prescribed by that department, within 2
 1284  business days after the filing of the final judgment. The
 1285  Department of Law Enforcement must send a copy of the report to
 1286  the Department of Highway Safety and Motor Vehicles, which may
 1287  be delivered by electronic transmission. The report must contain
 1288  sufficient information to identify the petitioner, including the
 1289  results of the criminal history records check if applicable, the
 1290  new name of the petitioner, and the file number of the judgment.
 1291  The Department of Highway Safety and Motor Vehicles shall
 1292  monitor the records of any sexual predator or sexual offender
 1293  whose name has been provided to it by the Department of Law
 1294  Enforcement. If the sexual predator or sexual offender does not
 1295  obtain a replacement driver license or identification card
 1296  within the required time as specified in s. 775.21 or s.
 1297  943.0435, the Department of Highway Safety and Motor Vehicles
 1298  shall notify the Department of Law Enforcement. The Department
 1299  of Law Enforcement shall notify applicable law enforcement
 1300  agencies of the predator’s or offender’s failure to comply with
 1301  registration requirements. Any information retained by the
 1302  Department of Law Enforcement and the Department of Highway
 1303  Safety and Motor Vehicles may be revised or supplemented by said
 1304  departments to reflect changes made by the final judgment. With
 1305  respect to a person convicted of a felony in another state or of
 1306  a federal offense, the Department of Law Enforcement must send
 1307  the report to the respective state’s office of law enforcement
 1308  records or to the office of the Federal Bureau of Investigation.
 1309  The Department of Law Enforcement may forward the report to any
 1310  other law enforcement agency it believes may retain information
 1311  related to the petitioner.
 1312         Section 25. For the purpose of incorporating the amendment
 1313  made by this act to section 775.21, Florida Statutes, in a
 1314  reference thereto, paragraph (b) of subsection (1) of section
 1315  92.55, Florida Statutes, is reenacted to read:
 1316         92.55 Special protections in proceedings involving victim
 1317  or witness under 18, person with intellectual disability, or
 1318  sexual offense victim.—
 1319         (1) For purposes of this section, the term:
 1320         (b) “Sexual offense” means any offense specified in s.
 1321  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
 1322         Section 26. For the purpose of incorporating the amendment
 1323  made by this act to section 775.21, Florida Statutes, in a
 1324  reference thereto, subsection (3) of section 322.141, Florida
 1325  Statutes, is reenacted to read:
 1326         322.141 Color or markings of certain licenses or
 1327  identification cards.—
 1328         (3) All licenses for the operation of motor vehicles or
 1329  identification cards originally issued or reissued by the
 1330  department to persons who are designated as sexual predators
 1331  under s. 775.21 or subject to registration as sexual offenders
 1332  under s. 943.0435 or s. 944.607, or who have a similar
 1333  designation or are subject to a similar registration under the
 1334  laws of another jurisdiction, shall have on the front of the
 1335  license or identification card the following:
 1336         (a) For a person designated as a sexual predator under s.
 1337  775.21 or who has a similar designation under the laws of
 1338  another jurisdiction, the marking “SEXUAL PREDATOR.”
 1339         (b) For a person subject to registration as a sexual
 1340  offender under s. 943.0435 or s. 944.607, or subject to a
 1341  similar registration under the laws of another jurisdiction, the
 1342  marking “943.0435, F.S.”
 1343         Section 27. For the purpose of incorporating the amendment
 1344  made by this act to section 775.21, Florida Statutes, in a
 1345  reference thereto, paragraph (b) of subsection (10) of section
 1346  397.487, Florida Statutes, is reenacted to read:
 1347         397.487 Voluntary certification of recovery residences.—
 1348         (10)
 1349         (b) A certified recovery residence may not allow a minor
 1350  child to visit a parent who is a resident of the recovery
 1351  residence at any time if any resident of the recovery residence
 1352  is currently required to register as a sexual predator under s.
 1353  775.21 or as a sexual offender under s. 943.0435.
 1354         Section 28. For the purpose of incorporating the amendment
 1355  made by this act to section 775.21, Florida Statutes, in a
 1356  reference thereto, paragraph (b) of subsection (4) of section
 1357  435.07, Florida Statutes, is reenacted to read:
 1358         435.07 Exemptions from disqualification.—Unless otherwise
 1359  provided by law, the provisions of this section apply to
 1360  exemptions from disqualification for disqualifying offenses
 1361  revealed pursuant to background screenings required under this
 1362  chapter, regardless of whether those disqualifying offenses are
 1363  listed in this chapter or other laws.
 1364         (4)
 1365         (b) Disqualification from employment or affiliation under
 1366  this chapter may not be removed from, nor may an exemption be
 1367  granted to, any person who is a:
 1368         1. Sexual predator as designated pursuant to s. 775.21;
 1369         2. Career offender pursuant to s. 775.261; or
 1370         3. Sexual offender pursuant to s. 943.0435, unless the
 1371  requirement to register as a sexual offender has been removed
 1372  pursuant to s. 943.04354.
 1373         Section 29. For the purpose of incorporating the amendment
 1374  made by this act to section 775.21, Florida Statutes, in a
 1375  reference thereto, paragraph (b) of subsection (3) of section
 1376  455.213, Florida Statutes, is reenacted to read:
 1377         455.213 General licensing provisions.—
 1378         (3)
 1379         (b)1. A conviction, or any other adjudication, for a crime
 1380  more than 5 years before the date the application is received by
 1381  the applicable board may not be grounds for denial of a license
 1382  specified in paragraph (a). For purposes of this paragraph, the
 1383  term “conviction” means a determination of guilt that is the
 1384  result of a plea or trial, regardless of whether adjudication is
 1385  withheld. This paragraph does not limit the applicable board
 1386  from considering an applicant’s criminal history that includes a
 1387  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
 1388  only if such criminal history has been found to relate to the
 1389  practice of the applicable profession.
 1390         2. The applicable board may consider the criminal history
 1391  of an applicant for licensure under subparagraph (a)3. if such
 1392  criminal history has been found to relate to good moral
 1393  character.
 1394         Section 30. For the purpose of incorporating the amendment
 1395  made by this act to section 775.21, Florida Statutes, in a
 1396  reference thereto, subsection (7) of section 489.553, Florida
 1397  Statutes, is reenacted to read:
 1398         489.553 Administration of part; registration
 1399  qualifications; examination.—
 1400         (7) Notwithstanding any other law, a conviction, or any
 1401  other adjudication, for a crime more than 5 years before the
 1402  date the application is received by the department or other
 1403  applicable authority may not be grounds for denial of
 1404  registration. For purposes of this subsection, the term
 1405  “conviction” means a determination of guilt that is the result
 1406  of a plea or trial, regardless of whether adjudication is
 1407  withheld. This subsection does not limit a board from
 1408  considering an applicant’s criminal history that includes any
 1409  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
 1410  only if such criminal history has been found to relate to the
 1411  practice of the applicable profession, or any crime if it has
 1412  been found to relate to good moral character.
 1413         Section 31. For the purpose of incorporating the amendment
 1414  made by this act to section 775.21, Florida Statutes, in a
 1415  reference thereto, subsection (10) of section 507.07, Florida
 1416  Statutes, is reenacted to read:
 1417         507.07 Violations.—It is a violation of this chapter:
 1418         (10) For a mover or a moving broker to knowingly refuse or
 1419  fail to disclose in writing to a customer before a household
 1420  move that the mover, or an employee or subcontractor of the
 1421  mover or moving broker, who has access to the dwelling or
 1422  property of the customer, including access to give a quote for
 1423  the move, has been convicted of a felony listed in s.
 1424  775.21(4)(a)1. or convicted of a similar offense of another
 1425  jurisdiction, regardless of when such felony offense was
 1426  committed.
 1427         Section 32. For the purpose of incorporating the amendment
 1428  made by this act to section 775.21, Florida Statutes, in a
 1429  reference thereto, subsection (4) of section 775.13, Florida
 1430  Statutes, is reenacted to read:
 1431         775.13 Registration of convicted felons, exemptions;
 1432  penalties.—
 1433         (4) This section does not apply to an offender:
 1434         (a) Who has had his or her civil rights restored;
 1435         (b) Who has received a full pardon for the offense for
 1436  which convicted;
 1437         (c) Who has been lawfully released from incarceration or
 1438  other sentence or supervision for a felony conviction for more
 1439  than 5 years prior to such time for registration, unless the
 1440  offender is a fugitive from justice on a felony charge or has
 1441  been convicted of any offense since release from such
 1442  incarceration or other sentence or supervision;
 1443         (d) Who is a parolee or probationer under the supervision
 1444  of the United States Parole Commission if the commission knows
 1445  of and consents to the presence of the offender in Florida or is
 1446  a probationer under the supervision of any federal probation
 1447  officer in the state or who has been lawfully discharged from
 1448  such parole or probation;
 1449         (e) Who is a sexual predator and has registered as required
 1450  under s. 775.21;
 1451         (f) Who is a sexual offender and has registered as required
 1452  in s. 943.0435 or s. 944.607; or
 1453         (g) Who is a career offender who has registered as required
 1454  in s. 775.261 or s. 944.609.
 1455         Section 33. For the purpose of incorporating the amendment
 1456  made by this act to section 775.21, Florida Statutes, in a
 1457  reference thereto, section 775.25, Florida Statutes, is
 1458  reenacted to read:
 1459         775.25 Prosecutions for acts or omissions.—A sexual
 1460  predator or sexual offender who commits any act or omission in
 1461  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 1462  944.607, or former s. 947.177 may be prosecuted for the act or
 1463  omission in the county in which the act or omission was
 1464  committed, in the county of the last registered address of the
 1465  sexual predator or sexual offender, in the county in which the
 1466  conviction occurred for the offense or offenses that meet the
 1467  criteria for designating a person as a sexual predator or sexual
 1468  offender, in the county where the sexual predator or sexual
 1469  offender was released from incarceration, or in the county of
 1470  the intended address of the sexual predator or sexual offender
 1471  as reported by the predator or offender prior to his or her
 1472  release from incarceration. In addition, a sexual predator may
 1473  be prosecuted for any such act or omission in the county in
 1474  which he or she was designated a sexual predator.
 1475         Section 34. For the purpose of incorporating the amendment
 1476  made by this act to section 775.21, Florida Statutes, in a
 1477  reference thereto, subsection (1) of section 794.075, Florida
 1478  Statutes, is reenacted to read:
 1479         794.075 Sexual predators; erectile dysfunction drugs.—
 1480         (1) A person may not possess a prescription drug, as
 1481  defined in s. 499.003(40), for the purpose of treating erectile
 1482  dysfunction if the person is designated as a sexual predator
 1483  under s. 775.21.
 1484         Section 35. For the purpose of incorporating the amendment
 1485  made by this act to section 775.21, Florida Statutes, in a
 1486  reference thereto, paragraph (cc) of subsection (2) of section
 1487  900.05, Florida Statutes, is reenacted to read:
 1488         900.05 Criminal justice data collection.—
 1489         (2) DEFINITIONS.—As used in this section, the term:
 1490         (cc) “Sexual offender flag” means an indication that a
 1491  defendant was required to register as a sexual predator as
 1492  defined in s. 775.21 or as a sexual offender as defined in s.
 1493  943.0435.
 1494         Section 36. For the purpose of incorporating the amendment
 1495  made by this act to section 775.21, Florida Statutes, in a
 1496  reference thereto, paragraph (c) of subsection (1) of section
 1497  903.0351, Florida Statutes, is reenacted to read:
 1498         903.0351 Restrictions on pretrial release pending
 1499  probation-violation hearing or community-control-violation
 1500  hearing.—
 1501         (1) In the instance of an alleged violation of felony
 1502  probation or community control, bail or any other form of
 1503  pretrial release shall not be granted prior to the resolution of
 1504  the probation-violation hearing or the community-control
 1505  violation hearing to:
 1506         (c) A person who is on felony probation or community
 1507  control and has previously been found by a court to be a
 1508  habitual violent felony offender as defined in s. 775.084(1)(b),
 1509  a three-time violent felony offender as defined in s.
 1510  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 1511  arrested for committing a qualifying offense as defined in s.
 1512  948.06(8)(c) on or after the effective date of this act.
 1513         Section 37. For the purpose of incorporating the amendment
 1514  made by this act to section 775.21, Florida Statutes, in a
 1515  reference thereto, paragraph (m) of subsection (2) of section
 1516  903.046, Florida Statutes, is reenacted to read:
 1517         903.046 Purpose of and criteria for bail determination.—
 1518         (2) When determining whether to release a defendant on bail
 1519  or other conditions, and what that bail or those conditions may
 1520  be, the court shall consider:
 1521         (m) Whether the defendant, other than a defendant whose
 1522  only criminal charge is a misdemeanor offense under chapter 316,
 1523  is required to register as a sexual offender under s. 943.0435
 1524  or a sexual predator under s. 775.21; and, if so, he or she is
 1525  not eligible for release on bail or surety bond until the first
 1526  appearance on the case in order to ensure the full participation
 1527  of the prosecutor and the protection of the public.
 1528         Section 38. For the purpose of incorporating the amendment
 1529  made by this act to section 775.21, Florida Statutes, in a
 1530  reference thereto, subsection (3) of section 903.133, Florida
 1531  Statutes, is reenacted to read:
 1532         903.133 Bail on appeal; prohibited for certain felony
 1533  convictions.—Notwithstanding s. 903.132, no person shall be
 1534  admitted to bail pending review either by posttrial motion or
 1535  appeal if he or she was adjudged guilty of:
 1536         (3) Any other offense requiring sexual offender
 1537  registration under s. 943.0435(1)(h) or sexual predator
 1538  registration under s. 775.21(4) when, at the time of the
 1539  offense, the offender was 18 years of age or older and the
 1540  victim was a minor.
 1541         Section 39. For the purpose of incorporating the amendment
 1542  made by this act to section 775.21, Florida Statutes, in a
 1543  reference thereto, paragraph (b) of subsection (4) of section
 1544  907.043, Florida Statutes, is reenacted to read:
 1545         907.043 Pretrial release; citizens’ right to know.—
 1546         (4)
 1547         (b) The annual report must contain, but need not be limited
 1548  to:
 1549         1. The name, location, and funding sources of the pretrial
 1550  release program, including the amount of public funds, if any,
 1551  received by the pretrial release program.
 1552         2. The operating and capital budget of each pretrial
 1553  release program receiving public funds.
 1554         3.a. The percentage of the pretrial release program’s total
 1555  budget representing receipt of public funds.
 1556         b. The percentage of the total budget which is allocated to
 1557  assisting defendants obtain release through a nonpublicly funded
 1558  program.
 1559         c. The amount of fees paid by defendants to the pretrial
 1560  release program.
 1561         4. The number of persons employed by the pretrial release
 1562  program.
 1563         5. The number of defendants assessed and interviewed for
 1564  pretrial release.
 1565         6. The number of defendants recommended for pretrial
 1566  release.
 1567         7. The number of defendants for whom the pretrial release
 1568  program recommended against nonsecured release.
 1569         8. The number of defendants granted nonsecured release
 1570  after the pretrial release program recommended nonsecured
 1571  release.
 1572         9. The number of defendants assessed and interviewed for
 1573  pretrial release who were declared indigent by the court.
 1574         10. The number of defendants accepted into a pretrial
 1575  release program who paid a surety or cash bail or bond.
 1576         11. The number of defendants for whom a risk assessment
 1577  tool was used in determining whether the defendant should be
 1578  released pending the disposition of the case and the number of
 1579  defendants for whom a risk assessment tool was not used.
 1580         12. The specific statutory citation for each criminal
 1581  charge related to a defendant whose case is accepted into a
 1582  pretrial release program, including, at a minimum, the number of
 1583  defendants charged with dangerous crimes as defined in s.
 1584  907.041; nonviolent felonies; or misdemeanors only. A
 1585  “nonviolent felony” for purposes of this subparagraph excludes
 1586  the commission of, an attempt to commit, or a conspiracy to
 1587  commit any of the following:
 1588         a. An offense enumerated in s. 775.084(1)(c);
 1589         b. An offense that requires a person to register as a
 1590  sexual predator in accordance with s. 775.21 or as a sexual
 1591  offender in accordance with s. 943.0435;
 1592         c. Failure to register as a sexual predator in violation of
 1593  s. 775.21 or as a sexual offender in violation of s. 943.0435;
 1594         d. Facilitating or furthering terrorism in violation of s.
 1595  775.31;
 1596         e. A forcible felony as described in s. 776.08;
 1597         f. False imprisonment in violation of s. 787.02;
 1598         g. Burglary of a dwelling or residence in violation of s.
 1599  810.02(3);
 1600         h. Abuse, aggravated abuse, and neglect of an elderly
 1601  person or disabled adult in violation of s. 825.102;
 1602         i. Abuse, aggravated abuse, and neglect of a child in
 1603  violation of s. 827.03;
 1604         j. Poisoning of food or water in violation of s. 859.01;
 1605         k. Abuse of a dead human body in violation of s. 872.06;
 1606         l. A capital offense in violation of chapter 893;
 1607         m. An offense that results in serious bodily injury or
 1608  death to another human; or
 1609         n. A felony offense in which the defendant used a weapon or
 1610  firearm in the commission of the offense.
 1611         13. The number of defendants accepted into a pretrial
 1612  release program with no prior criminal conviction.
 1613         14. The name and case number of each person granted
 1614  nonsecured release who:
 1615         a. Failed to attend a scheduled court appearance.
 1616         b. Was issued a warrant for failing to appear.
 1617         c. Was arrested for any offense while on release through
 1618  the pretrial release program.
 1619         15. Any additional information deemed necessary by the
 1620  governing body to assess the performance and cost efficiency of
 1621  the pretrial release program.
 1622         Section 40. For the purpose of incorporating the amendment
 1623  made by this act to section 775.21, Florida Statutes, in a
 1624  reference thereto, subsection (1) of section 938.10, Florida
 1625  Statutes, is reenacted to read:
 1626         938.10 Additional court cost imposed in cases of certain
 1627  crimes.—
 1628         (1) If a person pleads guilty or nolo contendere to, or is
 1629  found guilty of, regardless of adjudication, any offense against
 1630  a minor in violation of s. 784.085, chapter 787, chapter 794,
 1631  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
 1632  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
 1633  s. 893.147(3), or s. 985.701, or any offense in violation of s.
 1634  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1635  court shall impose a court cost of $151 against the offender in
 1636  addition to any other cost or penalty required by law.
 1637         Section 41. For the purpose of incorporating the amendment
 1638  made by this act to section 775.21, Florida Statutes, in a
 1639  reference thereto, subsection (5) of section 943.0435, Florida
 1640  Statutes, is reenacted to read:
 1641         943.0435 Sexual offenders required to register with the
 1642  department; penalty.—
 1643         (5) This section does not apply to a sexual offender who is
 1644  also a sexual predator, as defined in s. 775.21. A sexual
 1645  predator must register as required under s. 775.21.
 1646         Section 42. For the purpose of incorporating the amendment
 1647  made by this act to section 775.21, Florida Statutes, in a
 1648  reference thereto, subsection (2) of section 943.0584, Florida
 1649  Statutes, is reenacted to read:
 1650         943.0584 Criminal history records ineligible for court
 1651  ordered expunction or court-ordered sealing.—
 1652         (2) A criminal history record is ineligible for a
 1653  certificate of eligibility for expunction or a court-ordered
 1654  expunction pursuant to s. 943.0585 or a certificate of
 1655  eligibility for sealing or a court-ordered sealing pursuant to
 1656  s. 943.059 if the record is a conviction for any of the
 1657  following offenses:
 1658         (a) Sexual misconduct, as defined in s. 393.135, s.
 1659  394.4593, or s. 916.1075;
 1660         (b) Illegal use of explosives, as defined in chapter 552;
 1661         (c) Terrorism, as defined in s. 775.30;
 1662         (d) Murder, as defined in s. 782.04, s. 782.065, or s.
 1663  782.09;
 1664         (e) Manslaughter or homicide, as defined in s. 782.07, s.
 1665  782.071, or s. 782.072;
 1666         (f) Assault or battery, as defined in ss. 784.011 and
 1667  784.03, respectively, of one family or household member by
 1668  another family or household member, as defined in s. 741.28(3);
 1669         (g) Aggravated assault, as defined in s. 784.021;
 1670         (h) Felony battery, domestic battery by strangulation, or
 1671  aggravated battery, as defined in ss. 784.03, 784.041, and
 1672  784.045, respectively;
 1673         (i) Stalking or aggravated stalking, as defined in s.
 1674  784.048;
 1675         (j) Luring or enticing a child, as defined in s. 787.025;
 1676         (k) Human trafficking, as defined in s. 787.06;
 1677         (l) Kidnapping or false imprisonment, as defined in s.
 1678  787.01 or s. 787.02;
 1679         (m) Any offense defined in chapter 794;
 1680         (n) Procuring a person less than 18 years of age for
 1681  prostitution, as defined in former s. 796.03;
 1682         (o) Lewd or lascivious offenses committed upon or in the
 1683  presence of persons less than 16 years of age, as defined in s.
 1684  800.04;
 1685         (p) Arson, as defined in s. 806.01;
 1686         (q) Burglary of a dwelling, as defined in s. 810.02;
 1687         (r) Voyeurism or digital voyeurism, as defined in ss.
 1688  810.14 and 810.145, respectively;
 1689         (s) Robbery or robbery by sudden snatching, as defined in
 1690  ss. 812.13 and 812.131, respectively;
 1691         (t) Carjacking, as defined in s. 812.133;
 1692         (u) Home-invasion robbery, as defined in s. 812.135;
 1693         (v) A violation of the Florida Communications Fraud Act, as
 1694  provided in s. 817.034;
 1695         (w) Abuse of an elderly person or disabled adult, or
 1696  aggravated abuse of an elderly person or disabled adult, as
 1697  defined in s. 825.102;
 1698         (x) Lewd or lascivious offenses committed upon or in the
 1699  presence of an elderly person or disabled person, as defined in
 1700  s. 825.1025;
 1701         (y) Child abuse or aggravated child abuse, as defined in s.
 1702  827.03;
 1703         (z) Sexual performance by a child, as defined in s.
 1704  827.071;
 1705         (aa) Any offense defined in chapter 839;
 1706         (bb) Certain acts in connection with obscenity, as defined
 1707  in s. 847.0133;
 1708         (cc) Any offense defined in s. 847.0135;
 1709         (dd) Selling or buying of minors, as defined in s.
 1710  847.0145;
 1711         (ee) Aircraft piracy, as defined in s. 860.16;
 1712         (ff) Manufacturing a controlled substance in violation of
 1713  chapter 893;
 1714         (gg) Drug trafficking, as defined in s. 893.135; or
 1715         (hh) Any violation specified as a predicate offense for
 1716  registration as a sexual predator pursuant to s. 775.21, or
 1717  sexual offender pursuant to s. 943.0435, without regard to
 1718  whether that offense alone is sufficient to require such
 1719  registration.
 1720         Section 43. For the purpose of incorporating the amendment
 1721  made by this act to section 775.21, Florida Statutes, in a
 1722  reference thereto, subsection (4) of section 944.609, Florida
 1723  Statutes, is reenacted to read:
 1724         944.609 Career offenders; notification upon release.—
 1725         (4) The department or any law enforcement agency may notify
 1726  the community and the public of a career offender’s presence in
 1727  the community. However, with respect to a career offender who
 1728  has been found to be a sexual predator under s. 775.21, the
 1729  Department of Law Enforcement or any other law enforcement
 1730  agency must inform the community and the public of the career
 1731  offender’s presence in the community, as provided in s. 775.21.
 1732         Section 44. For the purpose of incorporating the amendment
 1733  made by this act to section 775.21, Florida Statutes, in
 1734  references thereto, paragraph (c) of subsection (2) and
 1735  subsection (10) of section 947.1405, Florida Statutes, are
 1736  reenacted to read:
 1737         947.1405 Conditional release program.—
 1738         (2) Any inmate who:
 1739         (c) Is found to be a sexual predator under s. 775.21 or
 1740  former s. 775.23,
 1741  
 1742  shall, upon reaching the tentative release date or provisional
 1743  release date, whichever is earlier, as established by the
 1744  Department of Corrections, be released under supervision subject
 1745  to specified terms and conditions, including payment of the cost
 1746  of supervision pursuant to s. 948.09. Such supervision shall be
 1747  applicable to all sentences within the overall term of sentences
 1748  if an inmate’s overall term of sentences includes one or more
 1749  sentences that are eligible for conditional release supervision
 1750  as provided herein. Effective July 1, 1994, and applicable for
 1751  offenses committed on or after that date, the commission may
 1752  require, as a condition of conditional release, that the
 1753  releasee make payment of the debt due and owing to a county or
 1754  municipal detention facility under s. 951.032 for medical care,
 1755  treatment, hospitalization, or transportation received by the
 1756  releasee while in that detention facility. The commission, in
 1757  determining whether to order such repayment and the amount of
 1758  such repayment, shall consider the amount of the debt, whether
 1759  there was any fault of the institution for the medical expenses
 1760  incurred, the financial resources of the releasee, the present
 1761  and potential future financial needs and earning ability of the
 1762  releasee, and dependents, and other appropriate factors. If any
 1763  inmate placed on conditional release supervision is also subject
 1764  to probation or community control, resulting from a probationary
 1765  or community control split sentence within the overall term of
 1766  sentences, the Department of Corrections shall supervise such
 1767  person according to the conditions imposed by the court and the
 1768  commission shall defer to such supervision. If the court revokes
 1769  probation or community control and resentences the offender to a
 1770  term of incarceration, such revocation also constitutes a
 1771  sufficient basis for the revocation of the conditional release
 1772  supervision on any nonprobationary or noncommunity control
 1773  sentence without further hearing by the commission. If any such
 1774  supervision on any nonprobationary or noncommunity control
 1775  sentence is revoked, such revocation may result in a forfeiture
 1776  of all gain-time, and the commission may revoke the resulting
 1777  deferred conditional release supervision or take other action it
 1778  considers appropriate. If the term of conditional release
 1779  supervision exceeds that of the probation or community control,
 1780  then, upon expiration of the probation or community control,
 1781  authority for the supervision shall revert to the commission and
 1782  the supervision shall be subject to the conditions imposed by
 1783  the commission. A panel of no fewer than two commissioners shall
 1784  establish the terms and conditions of any such release. If the
 1785  offense was a controlled substance violation, the conditions
 1786  shall include a requirement that the offender submit to random
 1787  substance abuse testing intermittently throughout the term of
 1788  conditional release supervision, upon the direction of the
 1789  correctional probation officer as defined in s. 943.10(3). The
 1790  commission shall also determine whether the terms and conditions
 1791  of such release have been violated and whether such violation
 1792  warrants revocation of the conditional release.
 1793         (10) Effective for a releasee whose crime was committed on
 1794  or after September 1, 2005, in violation of chapter 794, s.
 1795  800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
 1796  unlawful activity involved a victim who was 15 years of age or
 1797  younger and the offender is 18 years of age or older or for a
 1798  releasee who is designated as a sexual predator pursuant to s.
 1799  775.21, in addition to any other provision of this section, the
 1800  commission must order electronic monitoring for the duration of
 1801  the releasee’s supervision.
 1802         Section 45. For the purpose of incorporating the amendment
 1803  made by this act to section 775.21, Florida Statutes, in a
 1804  reference thereto, paragraph (b) of subsection (2) of section
 1805  948.013, Florida Statutes, is reenacted to read:
 1806         948.013 Administrative probation.—
 1807         (2)
 1808         (b) Effective for an offense committed on or after October
 1809  1, 2017, a person is ineligible for placement on administrative
 1810  probation if the person is sentenced to or is serving a term of
 1811  probation or community control, regardless of the conviction or
 1812  adjudication, for committing, or attempting, conspiring, or
 1813  soliciting to commit, any of the felony offenses described in s.
 1814  775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
 1815         Section 46. For the purpose of incorporating the amendment
 1816  made by this act to section 775.21, Florida Statutes, in a
 1817  reference thereto, paragraph (f) of subsection (2) of section
 1818  948.05, Florida Statutes, is reenacted to read:
 1819         948.05 Court to admonish or commend probationer or offender
 1820  in community control; graduated incentives.—
 1821         (2) The department shall implement a system of graduated
 1822  incentives to promote compliance with the terms of supervision,
 1823  encourage educational achievement and stable employment, and
 1824  prioritize the highest levels of supervision for probationers or
 1825  offenders presenting the greatest risk of recidivism.
 1826         (f) A probationer or offender in community control who is
 1827  placed under supervision for committing or attempting,
 1828  soliciting, or conspiring to commit a violation of any felony
 1829  offense described in s. 775.21(4)(a)1.a. or b. or s.
 1830  943.0435(1)(h)1.a., or who qualifies as a violent felony
 1831  offender of special concern under s. 948.06(8)(b) is not
 1832  eligible for any reduction of his or her term of supervision
 1833  under this section.
 1834         Section 47. For the purpose of incorporating the amendment
 1835  made by this act to section 775.21, Florida Statutes, in
 1836  references thereto, subsection (4) and paragraphs (b) and (d) of
 1837  subsection (8) of section 948.06, Florida Statutes, are
 1838  reenacted to read:
 1839         948.06 Violation of probation or community control;
 1840  revocation; modification; continuance; failure to pay
 1841  restitution or cost of supervision.—
 1842         (4) Notwithstanding any other provision of this section, a
 1843  felony probationer or an offender in community control who is
 1844  arrested for violating his or her probation or community control
 1845  in a material respect may be taken before the court in the
 1846  county or circuit in which the probationer or offender was
 1847  arrested. That court shall advise him or her of the charge of a
 1848  violation and, if such charge is admitted, shall cause him or
 1849  her to be brought before the court that granted the probation or
 1850  community control. If the violation is not admitted by the
 1851  probationer or offender, the court may commit him or her or
 1852  release him or her with or without bail to await further
 1853  hearing. However, if the probationer or offender is under
 1854  supervision for any criminal offense proscribed in chapter 794,
 1855  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 1856  registered sexual predator or a registered sexual offender, or
 1857  is under supervision for a criminal offense for which he or she
 1858  would meet the registration criteria in s. 775.21, s. 943.0435,
 1859  or s. 944.607 but for the effective date of those sections, the
 1860  court must make a finding that the probationer or offender is
 1861  not a danger to the public prior to release with or without
 1862  bail. In determining the danger posed by the offender’s or
 1863  probationer’s release, the court may consider the nature and
 1864  circumstances of the violation and any new offenses charged; the
 1865  offender’s or probationer’s past and present conduct, including
 1866  convictions of crimes; any record of arrests without conviction
 1867  for crimes involving violence or sexual crimes; any other
 1868  evidence of allegations of unlawful sexual conduct or the use of
 1869  violence by the offender or probationer; the offender’s or
 1870  probationer’s family ties, length of residence in the community,
 1871  employment history, and mental condition; his or her history and
 1872  conduct during the probation or community control supervision
 1873  from which the violation arises and any other previous
 1874  supervisions, including disciplinary records of previous
 1875  incarcerations; the likelihood that the offender or probationer
 1876  will engage again in a criminal course of conduct; the weight of
 1877  the evidence against the offender or probationer; and any other
 1878  facts the court considers relevant. The court, as soon as is
 1879  practicable, shall give the probationer or offender an
 1880  opportunity to be fully heard on his or her behalf in person or
 1881  by counsel. After the hearing, the court shall make findings of
 1882  fact and forward the findings to the court that granted the
 1883  probation or community control and to the probationer or
 1884  offender or his or her attorney. The findings of fact by the
 1885  hearing court are binding on the court that granted the
 1886  probation or community control. Upon the probationer or offender
 1887  being brought before it, the court that granted the probation or
 1888  community control may revoke, modify, or continue the probation
 1889  or community control or may place the probationer into community
 1890  control as provided in this section. However, the probationer or
 1891  offender shall not be released and shall not be admitted to
 1892  bail, but shall be brought before the court that granted the
 1893  probation or community control if any violation of felony
 1894  probation or community control other than a failure to pay costs
 1895  or fines or make restitution payments is alleged to have been
 1896  committed by:
 1897         (a) A violent felony offender of special concern, as
 1898  defined in this section;
 1899         (b) A person who is on felony probation or community
 1900  control for any offense committed on or after the effective date
 1901  of this act and who is arrested for a qualifying offense as
 1902  defined in this section; or
 1903         (c) A person who is on felony probation or community
 1904  control and has previously been found by a court to be a
 1905  habitual violent felony offender as defined in s. 775.084(1)(b),
 1906  a three-time violent felony offender as defined in s.
 1907  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 1908  arrested for committing a qualifying offense as defined in this
 1909  section on or after the effective date of this act.
 1910         (8)
 1911         (b) For purposes of this section and ss. 903.0351, 948.064,
 1912  and 921.0024, the term “violent felony offender of special
 1913  concern” means a person who is on:
 1914         1. Felony probation or community control related to the
 1915  commission of a qualifying offense committed on or after the
 1916  effective date of this act;
 1917         2. Felony probation or community control for any offense
 1918  committed on or after the effective date of this act, and has
 1919  previously been convicted of a qualifying offense;
 1920         3. Felony probation or community control for any offense
 1921  committed on or after the effective date of this act, and is
 1922  found to have violated that probation or community control by
 1923  committing a qualifying offense;
 1924         4. Felony probation or community control and has previously
 1925  been found by a court to be a habitual violent felony offender
 1926  as defined in s. 775.084(1)(b) and has committed a qualifying
 1927  offense on or after the effective date of this act;
 1928         5. Felony probation or community control and has previously
 1929  been found by a court to be a three-time violent felony offender
 1930  as defined in s. 775.084(1)(c) and has committed a qualifying
 1931  offense on or after the effective date of this act; or
 1932         6. Felony probation or community control and has previously
 1933  been found by a court to be a sexual predator under s. 775.21
 1934  and has committed a qualifying offense on or after the effective
 1935  date of this act.
 1936         (d) In the case of an alleged violation of probation or
 1937  community control other than a failure to pay costs, fines, or
 1938  restitution, the following individuals shall remain in custody
 1939  pending the resolution of the probation or community control
 1940  violation:
 1941         1. A violent felony offender of special concern, as defined
 1942  in this section;
 1943         2. A person who is on felony probation or community control
 1944  for any offense committed on or after the effective date of this
 1945  act and who is arrested for a qualifying offense as defined in
 1946  this section; or
 1947         3. A person who is on felony probation or community control
 1948  and has previously been found by a court to be a habitual
 1949  violent felony offender as defined in s. 775.084(1)(b), a three
 1950  time violent felony offender as defined in s. 775.084(1)(c), or
 1951  a sexual predator under s. 775.21, and who is arrested for
 1952  committing a qualifying offense as defined in this section on or
 1953  after the effective date of this act.
 1954  
 1955  The court shall not dismiss the probation or community control
 1956  violation warrant pending against an offender enumerated in this
 1957  paragraph without holding a recorded violation-of-probation
 1958  hearing at which both the state and the offender are
 1959  represented.
 1960         Section 48. For the purpose of incorporating the amendment
 1961  made by this act to section 775.21, Florida Statutes, in a
 1962  reference thereto, section 948.063, Florida Statutes, is
 1963  reenacted to read:
 1964         948.063 Violations of probation or community control by
 1965  designated sexual offenders and sexual predators.—
 1966         (1) If probation or community control for any felony
 1967  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 1968  the offender is designated as a sexual offender pursuant to s.
 1969  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 1970  775.21 for unlawful sexual activity involving a victim 15 years
 1971  of age or younger and the offender is 18 years of age or older,
 1972  and if the court imposes a subsequent term of supervision
 1973  following the revocation of probation or community control, the
 1974  court must order electronic monitoring as a condition of the
 1975  subsequent term of probation or community control.
 1976         (2) If the probationer or offender is required to register
 1977  as a sexual predator under s. 775.21 or as a sexual offender
 1978  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 1979  involving a victim 15 years of age or younger and the
 1980  probationer or offender is 18 years of age or older and has
 1981  violated the conditions of his or her probation or community
 1982  control, but the court does not revoke the probation or
 1983  community control, the court shall nevertheless modify the
 1984  probation or community control to include electronic monitoring
 1985  for any probationer or offender not then subject to electronic
 1986  monitoring.
 1987         Section 49. For the purpose of incorporating the amendment
 1988  made by this act to section 775.21, Florida Statutes, in a
 1989  reference thereto, subsection (4) of section 948.064, Florida
 1990  Statutes, is reenacted to read:
 1991         948.064 Notification of status as a violent felony offender
 1992  of special concern.—
 1993         (4) The state attorney, or the statewide prosecutor if
 1994  applicable, shall advise the court at each critical stage in the
 1995  judicial process, at which the state attorney or statewide
 1996  prosecutor is represented, whether an alleged or convicted
 1997  offender is a violent felony offender of special concern; a
 1998  person who is on felony probation or community control for any
 1999  offense committed on or after the effective date of this act and
 2000  who is arrested for a qualifying offense; or a person who is on
 2001  felony probation or community control and has previously been
 2002  found by a court to be a habitual violent felony offender as
 2003  defined in s. 775.084(1)(b), a three-time violent felony
 2004  offender as defined in s. 775.084(1)(c), or a sexual predator
 2005  under s. 775.21, and who is arrested for committing a qualifying
 2006  offense on or after the effective date of this act.
 2007         Section 50. For the purpose of incorporating the amendment
 2008  made by this act to section 775.21, Florida Statutes, in a
 2009  reference thereto, section 948.12, Florida Statutes, is
 2010  reenacted to read:
 2011         948.12 Intensive supervision for postprison release of
 2012  violent offenders.—It is the finding of the Legislature that the
 2013  population of violent offenders released from state prison into
 2014  the community poses the greatest threat to the public safety of
 2015  the groups of offenders under community supervision. Therefore,
 2016  for the purpose of enhanced public safety, any offender released
 2017  from state prison who:
 2018         (1) Was most recently incarcerated for an offense that is
 2019  or was contained in category 1 (murder, manslaughter), category
 2020  2 (sexual offenses), category 3 (robbery), or category 4
 2021  (violent personal crimes) of Rules 3.701 and 3.988, Florida
 2022  Rules of Criminal Procedure (1993), and who has served at least
 2023  one prior felony commitment at a state or federal correctional
 2024  institution;
 2025         (2) Was sentenced as a habitual offender, violent habitual
 2026  offender, or violent career criminal pursuant to s. 775.084; or
 2027         (3) Has been found to be a sexual predator pursuant to s.
 2028  775.21,
 2029  
 2030  and who has a term of probation to follow the period of
 2031  incarceration shall be provided intensive supervision by
 2032  experienced correctional probation officers. Subject to specific
 2033  appropriation by the Legislature, caseloads may be restricted to
 2034  a maximum of 40 offenders per officer to provide for enhanced
 2035  public safety as well as to effectively monitor conditions of
 2036  electronic monitoring or curfews, if such was ordered by the
 2037  court.
 2038         Section 51. For the purpose of incorporating the amendment
 2039  made by this act to section 775.21, Florida Statutes, in a
 2040  reference thereto, subsection (3) of section 948.30, Florida
 2041  Statutes, is reenacted to read:
 2042         948.30 Additional terms and conditions of probation or
 2043  community control for certain sex offenses.—Conditions imposed
 2044  pursuant to this section do not require oral pronouncement at
 2045  the time of sentencing and shall be considered standard
 2046  conditions of probation or community control for offenders
 2047  specified in this section.
 2048         (3) Effective for a probationer or community controllee
 2049  whose crime was committed on or after September 1, 2005, and
 2050  who:
 2051         (a) Is placed on probation or community control for a
 2052  violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071;
 2053  or s. 847.0145, or is placed on probation or community control
 2054  on or after July 1, 2023, for attempting, soliciting, or
 2055  conspiring to commit a violation of chapter 794; s. 800.04(4),
 2056  (5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual
 2057  activity involved a victim 15 years of age or younger and the
 2058  offender is 18 years of age or older;
 2059         (b) Is designated a sexual predator pursuant to s. 775.21;
 2060  or
 2061         (c) Has previously been convicted of a violation of chapter
 2062  794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 and
 2063  the unlawful sexual activity involved a victim 15 years of age
 2064  or younger and the offender is 18 years of age or older,
 2065  
 2066  the court must order, in addition to any other provision of this
 2067  section, mandatory electronic monitoring as a condition of the
 2068  probation or community control supervision.
 2069         Section 52. For the purpose of incorporating the amendment
 2070  made by this act to section 775.21, Florida Statutes, in a
 2071  reference thereto, section 948.31, Florida Statutes, is
 2072  reenacted to read:
 2073         948.31 Evaluation and treatment of sexual predators and
 2074  offenders on probation or community control.—The court may
 2075  require any probationer or community controllee who is required
 2076  to register as a sexual predator under s. 775.21 or sexual
 2077  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 2078  an evaluation, at the probationer or community controllee’s
 2079  expense, by a qualified practitioner to determine whether such
 2080  probationer or community controllee needs sexual offender
 2081  treatment. If the qualified practitioner determines that sexual
 2082  offender treatment is needed and recommends treatment, the
 2083  probationer or community controllee must successfully complete
 2084  and pay for the treatment. Such treatment must be obtained from
 2085  a qualified practitioner as defined in s. 948.001. Treatment may
 2086  not be administered by a qualified practitioner who has been
 2087  convicted or adjudicated delinquent of committing, or
 2088  attempting, soliciting, or conspiring to commit, any offense
 2089  that is listed in s. 943.0435(1)(h)1.a.(I).
 2090         Section 53. For the purpose of incorporating the amendment
 2091  made by this act to section 775.21, Florida Statutes, in a
 2092  reference thereto, paragraph (b) of subsection (6) of section
 2093  985.04, Florida Statutes, is reenacted to read:
 2094         985.04 Oaths; records; confidential information.—
 2095         (6)
 2096         (b) Sexual offender and predator registration information
 2097  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 2098  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 2099  otherwise provided by law.
 2100         Section 54. For the purpose of incorporating the amendment
 2101  made by this act to section 943.0435, Florida Statutes, in
 2102  references thereto, paragraph (c) of subsection (2) and
 2103  paragraph (c) of subsection (9) of section 61.13, Florida
 2104  Statutes, are reenacted to read:
 2105         61.13 Support of children; parenting and time-sharing;
 2106  powers of court.—
 2107         (2)
 2108         (c) The court shall determine all matters relating to
 2109  parenting and time-sharing of each minor child of the parties in
 2110  accordance with the best interests of the child and in
 2111  accordance with the Uniform Child Custody Jurisdiction and
 2112  Enforcement Act, except that modification of a parenting plan
 2113  and time-sharing schedule requires a showing of a substantial
 2114  and material change of circumstances.
 2115         1. It is the public policy of this state that each minor
 2116  child has frequent and continuing contact with both parents
 2117  after the parents separate or the marriage of the parties is
 2118  dissolved and to encourage parents to share the rights and
 2119  responsibilities, and joys, of childrearing. Unless otherwise
 2120  provided in this section or agreed to by the parties, there is a
 2121  rebuttable presumption that equal time-sharing of a minor child
 2122  is in the best interests of the minor child. To rebut this
 2123  presumption, a party must prove by a preponderance of the
 2124  evidence that equal time-sharing is not in the best interests of
 2125  the minor child. Except when a time-sharing schedule is agreed
 2126  to by the parties and approved by the court, the court must
 2127  evaluate all of the factors set forth in subsection (3) and make
 2128  specific written findings of fact when creating or modifying a
 2129  time-sharing schedule.
 2130         2. The court shall order that the parental responsibility
 2131  for a minor child be shared by both parents unless the court
 2132  finds that shared parental responsibility would be detrimental
 2133  to the child. In determining detriment to the child, the court
 2134  shall consider:
 2135         a. Evidence of domestic violence, as defined in s. 741.28;
 2136         b. Whether either parent has or has had reasonable cause to
 2137  believe that he or she or his or her minor child or children are
 2138  or have been in imminent danger of becoming victims of an act of
 2139  domestic violence as defined in s. 741.28 or sexual violence as
 2140  defined in s. 784.046(1)(c) by the other parent against the
 2141  parent or against the child or children whom the parents share
 2142  in common regardless of whether a cause of action has been
 2143  brought or is currently pending in the court;
 2144         c. Whether either parent has or has had reasonable cause to
 2145  believe that his or her minor child or children are or have been
 2146  in imminent danger of becoming victims of an act of abuse,
 2147  abandonment, or neglect, as those terms are defined in s. 39.01,
 2148  by the other parent against the child or children whom the
 2149  parents share in common regardless of whether a cause of action
 2150  has been brought or is currently pending in the court; and
 2151         d. Any other relevant factors.
 2152         3. The following evidence creates a rebuttable presumption
 2153  that shared parental responsibility is detrimental to the child:
 2154         a. A parent has been convicted of a misdemeanor of the
 2155  first degree or higher involving domestic violence, as defined
 2156  in s. 741.28 and chapter 775;
 2157         b. A parent meets the criteria of s. 39.806(1)(d); or
 2158         c. A parent has been convicted of or had adjudication
 2159  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
 2160  at the time of the offense:
 2161         (I) The parent was 18 years of age or older.
 2162         (II) The victim was under 18 years of age or the parent
 2163  believed the victim to be under 18 years of age.
 2164  
 2165  If the presumption is not rebutted after the convicted parent is
 2166  advised by the court that the presumption exists, shared
 2167  parental responsibility, including time-sharing with the child,
 2168  and decisions made regarding the child, may not be granted to
 2169  the convicted parent. However, the convicted parent is not
 2170  relieved of any obligation to provide financial support. If the
 2171  court determines that shared parental responsibility would be
 2172  detrimental to the child, it may order sole parental
 2173  responsibility and make such arrangements for time-sharing as
 2174  specified in the parenting plan as will best protect the child
 2175  or abused spouse from further harm. Whether or not there is a
 2176  conviction of any offense of domestic violence or child abuse or
 2177  the existence of an injunction for protection against domestic
 2178  violence, the court shall consider evidence of domestic violence
 2179  or child abuse as evidence of detriment to the child.
 2180         4. In ordering shared parental responsibility, the court
 2181  may consider the expressed desires of the parents and may grant
 2182  to one party the ultimate responsibility over specific aspects
 2183  of the child’s welfare or may divide those responsibilities
 2184  between the parties based on the best interests of the child.
 2185  Areas of responsibility may include education, health care, and
 2186  any other responsibilities that the court finds unique to a
 2187  particular family.
 2188         5. The court shall order sole parental responsibility for a
 2189  minor child to one parent, with or without time-sharing with the
 2190  other parent if it is in the best interests of the minor child.
 2191         6. There is a rebuttable presumption against granting time
 2192  sharing with a minor child if a parent has been convicted of or
 2193  had adjudication withheld for an offense enumerated in s.
 2194  943.0435(1)(h)1.a., and at the time of the offense:
 2195         a. The parent was 18 years of age or older.
 2196         b. The victim was under 18 years of age or the parent
 2197  believed the victim to be under 18 years of age.
 2198  
 2199  A parent may rebut the presumption upon a specific finding in
 2200  writing by the court that the parent poses no significant risk
 2201  of harm to the child and that time-sharing is in the best
 2202  interests of the minor child. If the presumption is rebutted,
 2203  the court must consider all time-sharing factors in subsection
 2204  (3) when developing a time-sharing schedule.
 2205         7. Access to records and information pertaining to a minor
 2206  child, including, but not limited to, medical, dental, and
 2207  school records, may not be denied to either parent. Full rights
 2208  under this subparagraph apply to either parent unless a court
 2209  order specifically revokes these rights, including any
 2210  restrictions on these rights as provided in a domestic violence
 2211  injunction. A parent having rights under this subparagraph has
 2212  the same rights upon request as to form, substance, and manner
 2213  of access as are available to the other parent of a child,
 2214  including, without limitation, the right to in-person
 2215  communication with medical, dental, and education providers.
 2216         (9)
 2217         (c) A court may not order visitation at a recovery
 2218  residence if any resident of the recovery residence is currently
 2219  required to register as a sexual predator under s. 775.21 or as
 2220  a sexual offender under s. 943.0435.
 2221         Section 55. For the purpose of incorporating the amendment
 2222  made by this act to section 943.0435, Florida Statutes, in
 2223  references thereto, paragraph (i) of subsection (3) and
 2224  subsection (6) of section 68.07, Florida Statutes, are reenacted
 2225  to read:
 2226         68.07 Change of name.—
 2227         (3) Each petition shall be verified and show:
 2228         (i) Whether the petitioner has ever been required to
 2229  register as a sexual predator under s. 775.21 or as a sexual
 2230  offender under s. 943.0435.
 2231         (6) The clerk of the court must, within 5 business days
 2232  after the filing of the final judgment, send a report of the
 2233  judgment to the Department of Law Enforcement on a form to be
 2234  furnished by that department. If the petitioner is required to
 2235  register as a sexual predator or a sexual offender pursuant to
 2236  s. 775.21 or s. 943.0435, the clerk of court shall
 2237  electronically notify the Department of Law Enforcement of the
 2238  name change, in a manner prescribed by that department, within 2
 2239  business days after the filing of the final judgment. The
 2240  Department of Law Enforcement must send a copy of the report to
 2241  the Department of Highway Safety and Motor Vehicles, which may
 2242  be delivered by electronic transmission. The report must contain
 2243  sufficient information to identify the petitioner, including the
 2244  results of the criminal history records check if applicable, the
 2245  new name of the petitioner, and the file number of the judgment.
 2246  The Department of Highway Safety and Motor Vehicles shall
 2247  monitor the records of any sexual predator or sexual offender
 2248  whose name has been provided to it by the Department of Law
 2249  Enforcement. If the sexual predator or sexual offender does not
 2250  obtain a replacement driver license or identification card
 2251  within the required time as specified in s. 775.21 or s.
 2252  943.0435, the Department of Highway Safety and Motor Vehicles
 2253  shall notify the Department of Law Enforcement. The Department
 2254  of Law Enforcement shall notify applicable law enforcement
 2255  agencies of the predator’s or offender’s failure to comply with
 2256  registration requirements. Any information retained by the
 2257  Department of Law Enforcement and the Department of Highway
 2258  Safety and Motor Vehicles may be revised or supplemented by said
 2259  departments to reflect changes made by the final judgment. With
 2260  respect to a person convicted of a felony in another state or of
 2261  a federal offense, the Department of Law Enforcement must send
 2262  the report to the respective state’s office of law enforcement
 2263  records or to the office of the Federal Bureau of Investigation.
 2264  The Department of Law Enforcement may forward the report to any
 2265  other law enforcement agency it believes may retain information
 2266  related to the petitioner.
 2267         Section 56. For the purpose of incorporating the amendment
 2268  made by this act to section 943.0435, Florida Statutes, in a
 2269  reference thereto, paragraph (b) of subsection (1) of section
 2270  92.55, Florida Statutes, is reenacted to read:
 2271         92.55 Special protections in proceedings involving victim
 2272  or witness under 18, person with intellectual disability, or
 2273  sexual offense victim.—
 2274         (1) For purposes of this section, the term:
 2275         (b) “Sexual offense” means any offense specified in s.
 2276  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
 2277         Section 57. For the purpose of incorporating the amendment
 2278  made by this act to section 943.0435, Florida Statutes, in a
 2279  reference thereto, paragraph (b) of subsection (2) of section
 2280  98.0751, Florida Statutes, is reenacted to read:
 2281         98.0751 Restoration of voting rights; termination of
 2282  ineligibility subsequent to a felony conviction.—
 2283         (2) For purposes of this section, the term:
 2284         (b) “Felony sexual offense” means any of the following:
 2285         1. Any felony offense that serves as a predicate to
 2286  registration as a sexual offender in accordance with s.
 2287  943.0435;
 2288         2. Section 491.0112;
 2289         3. Section 784.049(3)(b);
 2290         4. Section 794.08;
 2291         5. Section 796.08;
 2292         6. Section 800.101;
 2293         7. Section 826.04;
 2294         8. Section 847.012;
 2295         9. Section 872.06(2);
 2296         10. Section 944.35(3)(b)2.;
 2297         11. Section 951.221(1); or
 2298         12. Any similar offense committed in another jurisdiction
 2299  which would be an offense listed in this paragraph if it had
 2300  been committed in violation of the laws of this state.
 2301         Section 58. For the purpose of incorporating the amendment
 2302  made by this act to section 943.0435, Florida Statutes, in a
 2303  reference thereto, subsection (3) of section 322.141, Florida
 2304  Statutes, is reenacted to read:
 2305         322.141 Color or markings of certain licenses or
 2306  identification cards.—
 2307         (3) All licenses for the operation of motor vehicles or
 2308  identification cards originally issued or reissued by the
 2309  department to persons who are designated as sexual predators
 2310  under s. 775.21 or subject to registration as sexual offenders
 2311  under s. 943.0435 or s. 944.607, or who have a similar
 2312  designation or are subject to a similar registration under the
 2313  laws of another jurisdiction, shall have on the front of the
 2314  license or identification card the following:
 2315         (a) For a person designated as a sexual predator under s.
 2316  775.21 or who has a similar designation under the laws of
 2317  another jurisdiction, the marking “SEXUAL PREDATOR.”
 2318         (b) For a person subject to registration as a sexual
 2319  offender under s. 943.0435 or s. 944.607, or subject to a
 2320  similar registration under the laws of another jurisdiction, the
 2321  marking “943.0435, F.S.”
 2322         Section 59. For the purpose of incorporating the amendment
 2323  made by this act to section 943.0435, Florida Statutes, in a
 2324  reference thereto, subsection (2) of section 394.9125, Florida
 2325  Statutes, is reenacted to read:
 2326         394.9125 State attorney; authority to refer a person for
 2327  civil commitment.—
 2328         (2) A state attorney may refer a person to the department
 2329  for civil commitment proceedings if the person:
 2330         (a) Is required to register as a sexual offender pursuant
 2331  to s. 943.0435;
 2332         (b) Has previously been convicted of a sexually violent
 2333  offense as defined in s. 394.912(9)(a)-(h); and
 2334         (c) Has been sentenced to a term of imprisonment in a
 2335  county or municipal jail for any criminal offense.
 2336         Section 60. For the purpose of incorporating the amendment
 2337  made by this act to section 943.0435, Florida Statutes, in a
 2338  reference thereto, paragraph (b) of subsection (4) of section
 2339  435.07, Florida Statutes, is reenacted to read:
 2340         435.07 Exemptions from disqualification.—Unless otherwise
 2341  provided by law, the provisions of this section apply to
 2342  exemptions from disqualification for disqualifying offenses
 2343  revealed pursuant to background screenings required under this
 2344  chapter, regardless of whether those disqualifying offenses are
 2345  listed in this chapter or other laws.
 2346         (4)
 2347         (b) Disqualification from employment or affiliation under
 2348  this chapter may not be removed from, nor may an exemption be
 2349  granted to, any person who is a:
 2350         1. Sexual predator as designated pursuant to s. 775.21;
 2351         2. Career offender pursuant to s. 775.261; or
 2352         3. Sexual offender pursuant to s. 943.0435, unless the
 2353  requirement to register as a sexual offender has been removed
 2354  pursuant to s. 943.04354.
 2355         Section 61. For the purpose of incorporating the amendment
 2356  made by this act to section 943.0435, Florida Statutes, in a
 2357  reference thereto, subsection (2) of section 775.0862, Florida
 2358  Statutes, is reenacted to read:
 2359         775.0862 Sexual offenses against students by authority
 2360  figures; reclassification.—
 2361         (2) The felony degree of a violation of an offense listed
 2362  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
 2363  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
 2364  as provided in this section if the offense is committed by an
 2365  authority figure of a school against a student of the school.
 2366         Section 62. For the purpose of incorporating the amendment
 2367  made by this act to section 943.0435, Florida Statutes, in a
 2368  reference thereto, subsection (4) of section 775.13, Florida
 2369  Statutes, is reenacted to read:
 2370         775.13 Registration of convicted felons, exemptions;
 2371  penalties.—
 2372         (4) This section does not apply to an offender:
 2373         (a) Who has had his or her civil rights restored;
 2374         (b) Who has received a full pardon for the offense for
 2375  which convicted;
 2376         (c) Who has been lawfully released from incarceration or
 2377  other sentence or supervision for a felony conviction for more
 2378  than 5 years prior to such time for registration, unless the
 2379  offender is a fugitive from justice on a felony charge or has
 2380  been convicted of any offense since release from such
 2381  incarceration or other sentence or supervision;
 2382         (d) Who is a parolee or probationer under the supervision
 2383  of the United States Parole Commission if the commission knows
 2384  of and consents to the presence of the offender in Florida or is
 2385  a probationer under the supervision of any federal probation
 2386  officer in the state or who has been lawfully discharged from
 2387  such parole or probation;
 2388         (e) Who is a sexual predator and has registered as required
 2389  under s. 775.21;
 2390         (f) Who is a sexual offender and has registered as required
 2391  in s. 943.0435 or s. 944.607; or
 2392         (g) Who is a career offender who has registered as required
 2393  in s. 775.261 or s. 944.609.
 2394         Section 63. For the purpose of incorporating the amendment
 2395  made by this act to section 943.0435, Florida Statutes, in a
 2396  reference thereto, subsection (2) of section 775.24, Florida
 2397  Statutes, is reenacted to read:
 2398         775.24 Duty of the court to uphold laws governing sexual
 2399  predators and sexual offenders.—
 2400         (2) If a person meets the criteria in this chapter for
 2401  designation as a sexual predator or meets the criteria in s.
 2402  943.0435, s. 944.606, s. 944.607, or any other law for
 2403  classification as a sexual offender, the court may not enter an
 2404  order, for the purpose of approving a plea agreement or for any
 2405  other reason, which:
 2406         (a) Exempts a person who meets the criteria for designation
 2407  as a sexual predator or classification as a sexual offender from
 2408  such designation or classification, or exempts such person from
 2409  the requirements for registration or community and public
 2410  notification imposed upon sexual predators and sexual offenders;
 2411         (b) Restricts the compiling, reporting, or release of
 2412  public records information that relates to sexual predators or
 2413  sexual offenders; or
 2414         (c) Prevents any person or entity from performing its
 2415  duties or operating within its statutorily conferred authority
 2416  as such duty or authority relates to sexual predators or sexual
 2417  offenders.
 2418         Section 64. For the purpose of incorporating the amendment
 2419  made by this act to section 943.0435, Florida Statutes, in a
 2420  reference thereto, section 775.25, Florida Statutes, is
 2421  reenacted to read:
 2422         775.25 Prosecutions for acts or omissions.—A sexual
 2423  predator or sexual offender who commits any act or omission in
 2424  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 2425  944.607, or former s. 947.177 may be prosecuted for the act or
 2426  omission in the county in which the act or omission was
 2427  committed, in the county of the last registered address of the
 2428  sexual predator or sexual offender, in the county in which the
 2429  conviction occurred for the offense or offenses that meet the
 2430  criteria for designating a person as a sexual predator or sexual
 2431  offender, in the county where the sexual predator or sexual
 2432  offender was released from incarceration, or in the county of
 2433  the intended address of the sexual predator or sexual offender
 2434  as reported by the predator or offender prior to his or her
 2435  release from incarceration. In addition, a sexual predator may
 2436  be prosecuted for any such act or omission in the county in
 2437  which he or she was designated a sexual predator.
 2438         Section 65. For the purpose of incorporating the amendment
 2439  made by this act to section 943.0435, Florida Statutes, in a
 2440  reference thereto, paragraph (cc) of subsection (2) of section
 2441  900.05, Florida Statutes, is reenacted to read:
 2442         900.05 Criminal justice data collection.—
 2443         (2) DEFINITIONS.—As used in this section, the term:
 2444         (cc) “Sexual offender flag” means an indication that a
 2445  defendant was required to register as a sexual predator as
 2446  defined in s. 775.21 or as a sexual offender as defined in s.
 2447  943.0435.
 2448         Section 66. For the purpose of incorporating the amendment
 2449  made by this act to section 943.0435, Florida Statutes, in a
 2450  reference thereto, paragraph (m) of subsection (2) of section
 2451  903.046, Florida Statutes, is reenacted to read:
 2452         903.046 Purpose of and criteria for bail determination.—
 2453         (2) When determining whether to release a defendant on bail
 2454  or other conditions, and what that bail or those conditions may
 2455  be, the court shall consider:
 2456         (m) Whether the defendant, other than a defendant whose
 2457  only criminal charge is a misdemeanor offense under chapter 316,
 2458  is required to register as a sexual offender under s. 943.0435
 2459  or a sexual predator under s. 775.21; and, if so, he or she is
 2460  not eligible for release on bail or surety bond until the first
 2461  appearance on the case in order to ensure the full participation
 2462  of the prosecutor and the protection of the public.
 2463         Section 67. For the purpose of incorporating the amendment
 2464  made by this act to section 943.0435, Florida Statutes, in a
 2465  reference thereto, section 903.133, Florida Statutes, is
 2466  reenacted to read:
 2467         903.133 Bail on appeal; prohibited for certain felony
 2468  convictions.—Notwithstanding s. 903.132, no person shall be
 2469  admitted to bail pending review either by posttrial motion or
 2470  appeal if he or she was adjudged guilty of:
 2471         (1) A felony of the first degree for a violation of s.
 2472  782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
 2473  893.13, or s. 893.135;
 2474         (2) A violation of s. 794.011(2) or (3); or
 2475         (3) Any other offense requiring sexual offender
 2476  registration under s. 943.0435(1)(h) or sexual predator
 2477  registration under s. 775.21(4) when, at the time of the
 2478  offense, the offender was 18 years of age or older and the
 2479  victim was a minor.
 2480         Section 68. For the purpose of incorporating the amendment
 2481  made by this act to section 943.0435, Florida Statutes, in a
 2482  reference thereto, paragraph (b) of subsection (4) of section
 2483  907.043, Florida Statutes, is reenacted to read:
 2484         907.043 Pretrial release; citizens’ right to know.—
 2485         (4)
 2486         (b) The annual report must contain, but need not be limited
 2487  to:
 2488         1. The name, location, and funding sources of the pretrial
 2489  release program, including the amount of public funds, if any,
 2490  received by the pretrial release program.
 2491         2. The operating and capital budget of each pretrial
 2492  release program receiving public funds.
 2493         3.a. The percentage of the pretrial release program’s total
 2494  budget representing receipt of public funds.
 2495         b. The percentage of the total budget which is allocated to
 2496  assisting defendants obtain release through a nonpublicly funded
 2497  program.
 2498         c. The amount of fees paid by defendants to the pretrial
 2499  release program.
 2500         4. The number of persons employed by the pretrial release
 2501  program.
 2502         5. The number of defendants assessed and interviewed for
 2503  pretrial release.
 2504         6. The number of defendants recommended for pretrial
 2505  release.
 2506         7. The number of defendants for whom the pretrial release
 2507  program recommended against nonsecured release.
 2508         8. The number of defendants granted nonsecured release
 2509  after the pretrial release program recommended nonsecured
 2510  release.
 2511         9. The number of defendants assessed and interviewed for
 2512  pretrial release who were declared indigent by the court.
 2513         10. The number of defendants accepted into a pretrial
 2514  release program who paid a surety or cash bail or bond.
 2515         11. The number of defendants for whom a risk assessment
 2516  tool was used in determining whether the defendant should be
 2517  released pending the disposition of the case and the number of
 2518  defendants for whom a risk assessment tool was not used.
 2519         12. The specific statutory citation for each criminal
 2520  charge related to a defendant whose case is accepted into a
 2521  pretrial release program, including, at a minimum, the number of
 2522  defendants charged with dangerous crimes as defined in s.
 2523  907.041; nonviolent felonies; or misdemeanors only. A
 2524  “nonviolent felony” for purposes of this subparagraph excludes
 2525  the commission of, an attempt to commit, or a conspiracy to
 2526  commit any of the following:
 2527         a. An offense enumerated in s. 775.084(1)(c);
 2528         b. An offense that requires a person to register as a
 2529  sexual predator in accordance with s. 775.21 or as a sexual
 2530  offender in accordance with s. 943.0435;
 2531         c. Failure to register as a sexual predator in violation of
 2532  s. 775.21 or as a sexual offender in violation of s. 943.0435;
 2533         d. Facilitating or furthering terrorism in violation of s.
 2534  775.31;
 2535         e. A forcible felony as described in s. 776.08;
 2536         f. False imprisonment in violation of s. 787.02;
 2537         g. Burglary of a dwelling or residence in violation of s.
 2538  810.02(3);
 2539         h. Abuse, aggravated abuse, and neglect of an elderly
 2540  person or disabled adult in violation of s. 825.102;
 2541         i. Abuse, aggravated abuse, and neglect of a child in
 2542  violation of s. 827.03;
 2543         j. Poisoning of food or water in violation of s. 859.01;
 2544         k. Abuse of a dead human body in violation of s. 872.06;
 2545         l. A capital offense in violation of chapter 893;
 2546         m. An offense that results in serious bodily injury or
 2547  death to another human; or
 2548         n. A felony offense in which the defendant used a weapon or
 2549  firearm in the commission of the offense.
 2550         13. The number of defendants accepted into a pretrial
 2551  release program with no prior criminal conviction.
 2552         14. The name and case number of each person granted
 2553  nonsecured release who:
 2554         a. Failed to attend a scheduled court appearance.
 2555         b. Was issued a warrant for failing to appear.
 2556         c. Was arrested for any offense while on release through
 2557  the pretrial release program.
 2558         15. Any additional information deemed necessary by the
 2559  governing body to assess the performance and cost efficiency of
 2560  the pretrial release program.
 2561         Section 69. For the purpose of incorporating the amendment
 2562  made by this act to section 943.0435, Florida Statutes, in a
 2563  reference thereto, paragraph (a) of subsection (2) of section
 2564  934.255, Florida Statutes, is reenacted to read:
 2565         934.255 Subpoenas in investigations of sexual offenses.—
 2566         (2) An investigative or law enforcement officer who is
 2567  conducting an investigation into:
 2568         (a) Allegations of the sexual abuse of a child or an
 2569  individual’s suspected commission of a crime listed in s.
 2570  943.0435(1)(h)1.a.(I) may use a subpoena to compel the
 2571  production of records, documents, or other tangible objects and
 2572  the testimony of the subpoena recipient concerning the
 2573  production and authenticity of such records, documents, or
 2574  objects, except as provided in paragraphs (b) and (c).
 2575  
 2576  A subpoena issued under this subsection must describe the
 2577  records, documents, or other tangible objects required to be
 2578  produced, and must prescribe a date by which such records,
 2579  documents, or other tangible objects must be produced.
 2580         Section 70. For the purpose of incorporating the amendment
 2581  made by this act to section 943.0435, Florida Statutes, in a
 2582  reference thereto, subsection (1) of section 938.10, Florida
 2583  Statutes, is reenacted to read:
 2584         938.10 Additional court cost imposed in cases of certain
 2585  crimes.—
 2586         (1) If a person pleads guilty or nolo contendere to, or is
 2587  found guilty of, regardless of adjudication, any offense against
 2588  a minor in violation of s. 784.085, chapter 787, chapter 794,
 2589  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
 2590  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
 2591  s. 893.147(3), or s. 985.701, or any offense in violation of s.
 2592  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 2593  court shall impose a court cost of $151 against the offender in
 2594  addition to any other cost or penalty required by law.
 2595         Section 71. For the purpose of incorporating the amendment
 2596  made by this act to section 943.0435, Florida Statutes, in a
 2597  reference thereto, subsection (2) of section 943.0436, Florida
 2598  Statutes, is reenacted to read:
 2599         943.0436 Duty of the court to uphold laws governing sexual
 2600  predators and sexual offenders.—
 2601         (2) If a person meets the criteria in chapter 775 for
 2602  designation as a sexual predator or meets the criteria in s.
 2603  943.0435, s. 944.606, s. 944.607, or any other law for
 2604  classification as a sexual offender, the court may not enter an
 2605  order, for the purpose of approving a plea agreement or for any
 2606  other reason, which:
 2607         (a) Exempts a person who meets the criteria for designation
 2608  as a sexual predator or classification as a sexual offender from
 2609  such designation or classification, or exempts such person from
 2610  the requirements for registration or community and public
 2611  notification imposed upon sexual predators and sexual offenders;
 2612         (b) Restricts the compiling, reporting, or release of
 2613  public records information that relates to sexual predators or
 2614  sexual offenders; or
 2615         (c) Prevents any person or entity from performing its
 2616  duties or operating within its statutorily conferred authority
 2617  as such duty or authority relates to sexual predators or sexual
 2618  offenders.
 2619         Section 72. For the purpose of incorporating the amendment
 2620  made by this act to section 943.0435, Florida Statutes, in a
 2621  reference thereto, subsection (2) of section 943.0584, Florida
 2622  Statutes, is reenacted to read:
 2623         943.0584 Criminal history records ineligible for court
 2624  ordered expunction or court-ordered sealing.—
 2625         (2) A criminal history record is ineligible for a
 2626  certificate of eligibility for expunction or a court-ordered
 2627  expunction pursuant to s. 943.0585 or a certificate of
 2628  eligibility for sealing or a court-ordered sealing pursuant to
 2629  s. 943.059 if the record is a conviction for any of the
 2630  following offenses:
 2631         (a) Sexual misconduct, as defined in s. 393.135, s.
 2632  394.4593, or s. 916.1075;
 2633         (b) Illegal use of explosives, as defined in chapter 552;
 2634         (c) Terrorism, as defined in s. 775.30;
 2635         (d) Murder, as defined in s. 782.04, s. 782.065, or s.
 2636  782.09;
 2637         (e) Manslaughter or homicide, as defined in s. 782.07, s.
 2638  782.071, or s. 782.072;
 2639         (f) Assault or battery, as defined in ss. 784.011 and
 2640  784.03, respectively, of one family or household member by
 2641  another family or household member, as defined in s. 741.28(3);
 2642         (g) Aggravated assault, as defined in s. 784.021;
 2643         (h) Felony battery, domestic battery by strangulation, or
 2644  aggravated battery, as defined in ss. 784.03, 784.041, and
 2645  784.045, respectively;
 2646         (i) Stalking or aggravated stalking, as defined in s.
 2647  784.048;
 2648         (j) Luring or enticing a child, as defined in s. 787.025;
 2649         (k) Human trafficking, as defined in s. 787.06;
 2650         (l) Kidnapping or false imprisonment, as defined in s.
 2651  787.01 or s. 787.02;
 2652         (m) Any offense defined in chapter 794;
 2653         (n) Procuring a person less than 18 years of age for
 2654  prostitution, as defined in former s. 796.03;
 2655         (o) Lewd or lascivious offenses committed upon or in the
 2656  presence of persons less than 16 years of age, as defined in s.
 2657  800.04;
 2658         (p) Arson, as defined in s. 806.01;
 2659         (q) Burglary of a dwelling, as defined in s. 810.02;
 2660         (r) Voyeurism or digital voyeurism, as defined in ss.
 2661  810.14 and 810.145, respectively;
 2662         (s) Robbery or robbery by sudden snatching, as defined in
 2663  ss. 812.13 and 812.131, respectively;
 2664         (t) Carjacking, as defined in s. 812.133;
 2665         (u) Home-invasion robbery, as defined in s. 812.135;
 2666         (v) A violation of the Florida Communications Fraud Act, as
 2667  provided in s. 817.034;
 2668         (w) Abuse of an elderly person or disabled adult, or
 2669  aggravated abuse of an elderly person or disabled adult, as
 2670  defined in s. 825.102;
 2671         (x) Lewd or lascivious offenses committed upon or in the
 2672  presence of an elderly person or disabled person, as defined in
 2673  s. 825.1025;
 2674         (y) Child abuse or aggravated child abuse, as defined in s.
 2675  827.03;
 2676         (z) Sexual performance by a child, as defined in s.
 2677  827.071;
 2678         (aa) Any offense defined in chapter 839;
 2679         (bb) Certain acts in connection with obscenity, as defined
 2680  in s. 847.0133;
 2681         (cc) Any offense defined in s. 847.0135;
 2682         (dd) Selling or buying of minors, as defined in s.
 2683  847.0145;
 2684         (ee) Aircraft piracy, as defined in s. 860.16;
 2685         (ff) Manufacturing a controlled substance in violation of
 2686  chapter 893;
 2687         (gg) Drug trafficking, as defined in s. 893.135; or
 2688         (hh) Any violation specified as a predicate offense for
 2689  registration as a sexual predator pursuant to s. 775.21, or
 2690  sexual offender pursuant to s. 943.0435, without regard to
 2691  whether that offense alone is sufficient to require such
 2692  registration.
 2693         Section 73. For the purpose of incorporating the amendment
 2694  made by this act to section 943.0435, Florida Statutes, in a
 2695  reference thereto, paragraph (a) of subsection (2) of section
 2696  943.0595, Florida Statutes, is reenacted to read:
 2697         943.0595 Automatic sealing of criminal history records;
 2698  confidentiality of related court records.—
 2699         (2) ELIGIBILITY.—
 2700         (a) The department shall automatically seal a criminal
 2701  history record that does not result from an indictment,
 2702  information, or other charging document for a forcible felony as
 2703  defined in s. 776.08 or for an offense enumerated in s.
 2704  943.0435(1)(h)1.a.(I), if:
 2705         1. An indictment, information, or other charging document
 2706  was not filed or issued in the case giving rise to the criminal
 2707  history record.
 2708         2. An indictment, information, or other charging document
 2709  was filed in the case giving rise to the criminal history
 2710  record, but was dismissed or nolle prosequi by the state
 2711  attorney or statewide prosecutor or was dismissed by a court of
 2712  competent jurisdiction as to all counts. However, a person is
 2713  not eligible for automatic sealing under this section if the
 2714  dismissal was pursuant to s. 916.145 or s. 985.19.
 2715         3. A not guilty verdict was rendered by a judge or jury as
 2716  to all counts. However, a person is not eligible for automatic
 2717  sealing under this section if the defendant was found not guilty
 2718  by reason of insanity.
 2719         4. A judgment of acquittal was rendered by a judge as to
 2720  all counts.
 2721         Section 74. For the purpose of incorporating the amendment
 2722  made by this act to section 943.0435, Florida Statutes, in a
 2723  reference thereto, subsection (12) of section 947.1405, Florida
 2724  Statutes, is reenacted to read:
 2725         947.1405 Conditional release program.—
 2726         (12) In addition to all other conditions imposed, for a
 2727  releasee who is subject to conditional release for a crime that
 2728  was committed on or after May 26, 2010, and who has been
 2729  convicted at any time of committing, or attempting, soliciting,
 2730  or conspiring to commit, any of the criminal offenses listed in
 2731  s. 943.0435(1)(h)1.a.(I), or a similar offense in another
 2732  jurisdiction against a victim who was under 18 years of age at
 2733  the time of the offense, if the releasee has not received a
 2734  pardon for any felony or similar law of another jurisdiction
 2735  necessary for the operation of this subsection, if a conviction
 2736  of a felony or similar law of another jurisdiction necessary for
 2737  the operation of this subsection has not been set aside in any
 2738  postconviction proceeding, or if the releasee has not been
 2739  removed from the requirement to register as a sexual offender or
 2740  sexual predator pursuant to s. 943.04354, the commission must
 2741  impose the following conditions:
 2742         (a) A prohibition on visiting schools, child care
 2743  facilities, parks, and playgrounds without prior approval from
 2744  the releasee’s supervising officer. The commission may also
 2745  designate additional prohibited locations to protect a victim.
 2746  The prohibition ordered under this paragraph does not prohibit
 2747  the releasee from visiting a school, child care facility, park,
 2748  or playground for the sole purpose of attending a religious
 2749  service as defined in s. 775.0861 or picking up or dropping off
 2750  the releasee’s child or grandchild at a child care facility or
 2751  school.
 2752         (b) A prohibition on distributing candy or other items to
 2753  children on Halloween; wearing a Santa Claus costume, or other
 2754  costume to appeal to children, on or preceding Christmas;
 2755  wearing an Easter Bunny costume, or other costume to appeal to
 2756  children, on or preceding Easter; entertaining at children’s
 2757  parties; or wearing a clown costume without prior approval from
 2758  the commission.
 2759         Section 75. For the purpose of incorporating the amendment
 2760  made by this act to section 943.0435, Florida Statutes, in a
 2761  reference thereto, paragraph (b) of subsection (2) of section
 2762  948.013, Florida Statutes, is reenacted to read:
 2763         948.013 Administrative probation.—
 2764         (2)
 2765         (b) Effective for an offense committed on or after October
 2766  1, 2017, a person is ineligible for placement on administrative
 2767  probation if the person is sentenced to or is serving a term of
 2768  probation or community control, regardless of the conviction or
 2769  adjudication, for committing, or attempting, conspiring, or
 2770  soliciting to commit, any of the felony offenses described in s.
 2771  775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
 2772         Section 76. For the purpose of incorporating the amendment
 2773  made by this act to section 943.0435, Florida Statutes, in a
 2774  reference thereto, paragraph (f) of subsection (2) of section
 2775  948.05, Florida Statutes, is reenacted to read:
 2776         948.05 Court to admonish or commend probationer or offender
 2777  in community control; graduated incentives.—
 2778         (2) The department shall implement a system of graduated
 2779  incentives to promote compliance with the terms of supervision,
 2780  encourage educational achievement and stable employment, and
 2781  prioritize the highest levels of supervision for probationers or
 2782  offenders presenting the greatest risk of recidivism.
 2783         (f) A probationer or offender in community control who is
 2784  placed under supervision for committing or attempting,
 2785  soliciting, or conspiring to commit a violation of any felony
 2786  offense described in s. 775.21(4)(a)1.a. or b. or s.
 2787  943.0435(1)(h)1.a., or who qualifies as a violent felony
 2788  offender of special concern under s. 948.06(8)(b) is not
 2789  eligible for any reduction of his or her term of supervision
 2790  under this section.
 2791         Section 77. For the purpose of incorporating the amendment
 2792  made by this act to section 943.0435, Florida Statutes, in a
 2793  reference thereto, subsection (4) of section 948.06, Florida
 2794  Statutes, is reenacted to read:
 2795         948.06 Violation of probation or community control;
 2796  revocation; modification; continuance; failure to pay
 2797  restitution or cost of supervision.—
 2798         (4) Notwithstanding any other provision of this section, a
 2799  felony probationer or an offender in community control who is
 2800  arrested for violating his or her probation or community control
 2801  in a material respect may be taken before the court in the
 2802  county or circuit in which the probationer or offender was
 2803  arrested. That court shall advise him or her of the charge of a
 2804  violation and, if such charge is admitted, shall cause him or
 2805  her to be brought before the court that granted the probation or
 2806  community control. If the violation is not admitted by the
 2807  probationer or offender, the court may commit him or her or
 2808  release him or her with or without bail to await further
 2809  hearing. However, if the probationer or offender is under
 2810  supervision for any criminal offense proscribed in chapter 794,
 2811  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 2812  registered sexual predator or a registered sexual offender, or
 2813  is under supervision for a criminal offense for which he or she
 2814  would meet the registration criteria in s. 775.21, s. 943.0435,
 2815  or s. 944.607 but for the effective date of those sections, the
 2816  court must make a finding that the probationer or offender is
 2817  not a danger to the public prior to release with or without
 2818  bail. In determining the danger posed by the offender’s or
 2819  probationer’s release, the court may consider the nature and
 2820  circumstances of the violation and any new offenses charged; the
 2821  offender’s or probationer’s past and present conduct, including
 2822  convictions of crimes; any record of arrests without conviction
 2823  for crimes involving violence or sexual crimes; any other
 2824  evidence of allegations of unlawful sexual conduct or the use of
 2825  violence by the offender or probationer; the offender’s or
 2826  probationer’s family ties, length of residence in the community,
 2827  employment history, and mental condition; his or her history and
 2828  conduct during the probation or community control supervision
 2829  from which the violation arises and any other previous
 2830  supervisions, including disciplinary records of previous
 2831  incarcerations; the likelihood that the offender or probationer
 2832  will engage again in a criminal course of conduct; the weight of
 2833  the evidence against the offender or probationer; and any other
 2834  facts the court considers relevant. The court, as soon as is
 2835  practicable, shall give the probationer or offender an
 2836  opportunity to be fully heard on his or her behalf in person or
 2837  by counsel. After the hearing, the court shall make findings of
 2838  fact and forward the findings to the court that granted the
 2839  probation or community control and to the probationer or
 2840  offender or his or her attorney. The findings of fact by the
 2841  hearing court are binding on the court that granted the
 2842  probation or community control. Upon the probationer or offender
 2843  being brought before it, the court that granted the probation or
 2844  community control may revoke, modify, or continue the probation
 2845  or community control or may place the probationer into community
 2846  control as provided in this section. However, the probationer or
 2847  offender shall not be released and shall not be admitted to
 2848  bail, but shall be brought before the court that granted the
 2849  probation or community control if any violation of felony
 2850  probation or community control other than a failure to pay costs
 2851  or fines or make restitution payments is alleged to have been
 2852  committed by:
 2853         (a) A violent felony offender of special concern, as
 2854  defined in this section;
 2855         (b) A person who is on felony probation or community
 2856  control for any offense committed on or after the effective date
 2857  of this act and who is arrested for a qualifying offense as
 2858  defined in this section; or
 2859         (c) A person who is on felony probation or community
 2860  control and has previously been found by a court to be a
 2861  habitual violent felony offender as defined in s. 775.084(1)(b),
 2862  a three-time violent felony offender as defined in s.
 2863  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 2864  arrested for committing a qualifying offense as defined in this
 2865  section on or after the effective date of this act.
 2866         Section 78. For the purpose of incorporating the amendment
 2867  made by this act to section 943.0435, Florida Statutes, in a
 2868  reference thereto, section 948.063, Florida Statutes, is
 2869  reenacted to read:
 2870         948.063 Violations of probation or community control by
 2871  designated sexual offenders and sexual predators.—
 2872         (1) If probation or community control for any felony
 2873  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 2874  the offender is designated as a sexual offender pursuant to s.
 2875  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 2876  775.21 for unlawful sexual activity involving a victim 15 years
 2877  of age or younger and the offender is 18 years of age or older,
 2878  and if the court imposes a subsequent term of supervision
 2879  following the revocation of probation or community control, the
 2880  court must order electronic monitoring as a condition of the
 2881  subsequent term of probation or community control.
 2882         (2) If the probationer or offender is required to register
 2883  as a sexual predator under s. 775.21 or as a sexual offender
 2884  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 2885  involving a victim 15 years of age or younger and the
 2886  probationer or offender is 18 years of age or older and has
 2887  violated the conditions of his or her probation or community
 2888  control, but the court does not revoke the probation or
 2889  community control, the court shall nevertheless modify the
 2890  probation or community control to include electronic monitoring
 2891  for any probationer or offender not then subject to electronic
 2892  monitoring.
 2893         Section 79. For the purpose of incorporating the amendment
 2894  made by this act to section 943.0435, Florida Statutes, in a
 2895  reference thereto, subsection (4) of section 948.30, Florida
 2896  Statutes, is reenacted to read:
 2897         948.30 Additional terms and conditions of probation or
 2898  community control for certain sex offenses.—Conditions imposed
 2899  pursuant to this section do not require oral pronouncement at
 2900  the time of sentencing and shall be considered standard
 2901  conditions of probation or community control for offenders
 2902  specified in this section.
 2903         (4) In addition to all other conditions imposed, for a
 2904  probationer or community controllee who is subject to
 2905  supervision for a crime that was committed on or after May 26,
 2906  2010, and who has been convicted at any time of committing, or
 2907  attempting, soliciting, or conspiring to commit, any of the
 2908  criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
 2909  similar offense in another jurisdiction, against a victim who
 2910  was under the age of 18 at the time of the offense; if the
 2911  offender has not received a pardon for any felony or similar law
 2912  of another jurisdiction necessary for the operation of this
 2913  subsection, if a conviction of a felony or similar law of
 2914  another jurisdiction necessary for the operation of this
 2915  subsection has not been set aside in any postconviction
 2916  proceeding, or if the offender has not been removed from the
 2917  requirement to register as a sexual offender or sexual predator
 2918  pursuant to s. 943.04354, the court must impose the following
 2919  conditions:
 2920         (a) A prohibition on visiting schools, child care
 2921  facilities, parks, and playgrounds, without prior approval from
 2922  the offender’s supervising officer. The court may also designate
 2923  additional locations to protect a victim. The prohibition
 2924  ordered under this paragraph does not prohibit the offender from
 2925  visiting a school, child care facility, park, or playground for
 2926  the sole purpose of attending a religious service as defined in
 2927  s. 775.0861 or picking up or dropping off the offender’s
 2928  children or grandchildren at a child care facility or school.
 2929         (b) A prohibition on distributing candy or other items to
 2930  children on Halloween; wearing a Santa Claus costume, or other
 2931  costume to appeal to children, on or preceding Christmas;
 2932  wearing an Easter Bunny costume, or other costume to appeal to
 2933  children, on or preceding Easter; entertaining at children’s
 2934  parties; or wearing a clown costume; without prior approval from
 2935  the court.
 2936         Section 80. For the purpose of incorporating the amendment
 2937  made by this act to section 943.0435, Florida Statutes, in a
 2938  reference thereto, section 948.31, Florida Statutes, is
 2939  reenacted to read:
 2940         948.31 Evaluation and treatment of sexual predators and
 2941  offenders on probation or community control.—The court may
 2942  require any probationer or community controllee who is required
 2943  to register as a sexual predator under s. 775.21 or sexual
 2944  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 2945  an evaluation, at the probationer or community controllee’s
 2946  expense, by a qualified practitioner to determine whether such
 2947  probationer or community controllee needs sexual offender
 2948  treatment. If the qualified practitioner determines that sexual
 2949  offender treatment is needed and recommends treatment, the
 2950  probationer or community controllee must successfully complete
 2951  and pay for the treatment. Such treatment must be obtained from
 2952  a qualified practitioner as defined in s. 948.001. Treatment may
 2953  not be administered by a qualified practitioner who has been
 2954  convicted or adjudicated delinquent of committing, or
 2955  attempting, soliciting, or conspiring to commit, any offense
 2956  that is listed in s. 943.0435(1)(h)1.a.(I).
 2957         Section 81. For the purpose of incorporating the amendment
 2958  made by this act to section 943.0435, Florida Statutes, in a
 2959  reference thereto, paragraph (b) of subsection (6) of section
 2960  985.04, Florida Statutes, is reenacted to read:
 2961         985.04 Oaths; records; confidential information.—
 2962         (6)
 2963         (b) Sexual offender and predator registration information
 2964  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 2965  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 2966  otherwise provided by law.
 2967         Section 82. For the purpose of incorporating the amendment
 2968  made by this act to section 943.0435, Florida Statutes, in a
 2969  reference thereto, paragraph (b) of subsection (2) of section
 2970  1012.467, Florida Statutes, is reenacted to read:
 2971         1012.467 Noninstructional contractors who are permitted
 2972  access to school grounds when students are present; background
 2973  screening requirements.—
 2974         (2)
 2975         (b) A noninstructional contractor for whom a criminal
 2976  history check is required under this section may not have been
 2977  convicted of any of the following offenses designated in the
 2978  Florida Statutes, any similar offense in another jurisdiction,
 2979  or any similar offense committed in this state which has been
 2980  redesignated from a former provision of the Florida Statutes to
 2981  one of the following offenses:
 2982         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 2983  the registration of an individual as a sexual offender.
 2984         2. Section 393.135, relating to sexual misconduct with
 2985  certain developmentally disabled clients and the reporting of
 2986  such sexual misconduct.
 2987         3. Section 394.4593, relating to sexual misconduct with
 2988  certain mental health patients and the reporting of such sexual
 2989  misconduct.
 2990         4. Section 775.30, relating to terrorism.
 2991         5. Section 782.04, relating to murder.
 2992         6. Section 787.01, relating to kidnapping.
 2993         7. Any offense under chapter 800, relating to lewdness and
 2994  indecent exposure.
 2995         8. Section 826.04, relating to incest.
 2996         9. Section 827.03, relating to child abuse, aggravated
 2997  child abuse, or neglect of a child.
 2998         Section 83. For the purpose of incorporating the amendment
 2999  made by this act to section 944.606, Florida Statutes, in a
 3000  reference thereto, subsection (2) of section 775.24, Florida
 3001  Statutes, is reenacted to read:
 3002         775.24 Duty of the court to uphold laws governing sexual
 3003  predators and sexual offenders.—
 3004         (2) If a person meets the criteria in this chapter for
 3005  designation as a sexual predator or meets the criteria in s.
 3006  943.0435, s. 944.606, s. 944.607, or any other law for
 3007  classification as a sexual offender, the court may not enter an
 3008  order, for the purpose of approving a plea agreement or for any
 3009  other reason, which:
 3010         (a) Exempts a person who meets the criteria for designation
 3011  as a sexual predator or classification as a sexual offender from
 3012  such designation or classification, or exempts such person from
 3013  the requirements for registration or community and public
 3014  notification imposed upon sexual predators and sexual offenders;
 3015         (b) Restricts the compiling, reporting, or release of
 3016  public records information that relates to sexual predators or
 3017  sexual offenders; or
 3018         (c) Prevents any person or entity from performing its
 3019  duties or operating within its statutorily conferred authority
 3020  as such duty or authority relates to sexual predators or sexual
 3021  offenders.
 3022         Section 84. For the purpose of incorporating the amendment
 3023  made by this act to section 944.606, Florida Statutes, in a
 3024  reference thereto, section 775.25, Florida Statutes, is
 3025  reenacted to read:
 3026         775.25 Prosecutions for acts or omissions.—A sexual
 3027  predator or sexual offender who commits any act or omission in
 3028  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 3029  944.607, or former s. 947.177 may be prosecuted for the act or
 3030  omission in the county in which the act or omission was
 3031  committed, in the county of the last registered address of the
 3032  sexual predator or sexual offender, in the county in which the
 3033  conviction occurred for the offense or offenses that meet the
 3034  criteria for designating a person as a sexual predator or sexual
 3035  offender, in the county where the sexual predator or sexual
 3036  offender was released from incarceration, or in the county of
 3037  the intended address of the sexual predator or sexual offender
 3038  as reported by the predator or offender prior to his or her
 3039  release from incarceration. In addition, a sexual predator may
 3040  be prosecuted for any such act or omission in the county in
 3041  which he or she was designated a sexual predator.
 3042         Section 85. For the purpose of incorporating the amendment
 3043  made by this act to section 944.606, Florida Statutes, in a
 3044  reference thereto, subsection (2) of section 943.0436, Florida
 3045  Statutes, is reenacted to read:
 3046         943.0436 Duty of the court to uphold laws governing sexual
 3047  predators and sexual offenders.—
 3048         (2) If a person meets the criteria in chapter 775 for
 3049  designation as a sexual predator or meets the criteria in s.
 3050  943.0435, s. 944.606, s. 944.607, or any other law for
 3051  classification as a sexual offender, the court may not enter an
 3052  order, for the purpose of approving a plea agreement or for any
 3053  other reason, which:
 3054         (a) Exempts a person who meets the criteria for designation
 3055  as a sexual predator or classification as a sexual offender from
 3056  such designation or classification, or exempts such person from
 3057  the requirements for registration or community and public
 3058  notification imposed upon sexual predators and sexual offenders;
 3059         (b) Restricts the compiling, reporting, or release of
 3060  public records information that relates to sexual predators or
 3061  sexual offenders; or
 3062         (c) Prevents any person or entity from performing its
 3063  duties or operating within its statutorily conferred authority
 3064  as such duty or authority relates to sexual predators or sexual
 3065  offenders.
 3066         Section 86. For the purpose of incorporating the amendment
 3067  made by this act to section 944.606, Florida Statutes, in a
 3068  reference thereto, section 948.31, Florida Statutes, is
 3069  reenacted to read:
 3070         948.31 Evaluation and treatment of sexual predators and
 3071  offenders on probation or community control.—The court may
 3072  require any probationer or community controllee who is required
 3073  to register as a sexual predator under s. 775.21 or sexual
 3074  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 3075  an evaluation, at the probationer or community controllee’s
 3076  expense, by a qualified practitioner to determine whether such
 3077  probationer or community controllee needs sexual offender
 3078  treatment. If the qualified practitioner determines that sexual
 3079  offender treatment is needed and recommends treatment, the
 3080  probationer or community controllee must successfully complete
 3081  and pay for the treatment. Such treatment must be obtained from
 3082  a qualified practitioner as defined in s. 948.001. Treatment may
 3083  not be administered by a qualified practitioner who has been
 3084  convicted or adjudicated delinquent of committing, or
 3085  attempting, soliciting, or conspiring to commit, any offense
 3086  that is listed in s. 943.0435(1)(h)1.a.(I).
 3087         Section 87. For the purpose of incorporating the amendment
 3088  made by this act to section 944.606, Florida Statutes, in a
 3089  reference thereto, paragraph (b) of subsection (6) of section
 3090  985.04, Florida Statutes, is reenacted to read:
 3091         985.04 Oaths; records; confidential information.—
 3092         (6)
 3093         (b) Sexual offender and predator registration information
 3094  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 3095  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 3096  otherwise provided by law.
 3097         Section 88. For the purpose of incorporating the amendment
 3098  made by this act to section 944.607, Florida Statutes, in a
 3099  reference thereto, subsection (3) of section 322.141, Florida
 3100  Statutes, is reenacted to read:
 3101         322.141 Color or markings of certain licenses or
 3102  identification cards.—
 3103         (3) All licenses for the operation of motor vehicles or
 3104  identification cards originally issued or reissued by the
 3105  department to persons who are designated as sexual predators
 3106  under s. 775.21 or subject to registration as sexual offenders
 3107  under s. 943.0435 or s. 944.607, or who have a similar
 3108  designation or are subject to a similar registration under the
 3109  laws of another jurisdiction, shall have on the front of the
 3110  license or identification card the following:
 3111         (a) For a person designated as a sexual predator under s.
 3112  775.21 or who has a similar designation under the laws of
 3113  another jurisdiction, the marking “SEXUAL PREDATOR.”
 3114         (b) For a person subject to registration as a sexual
 3115  offender under s. 943.0435 or s. 944.607, or subject to a
 3116  similar registration under the laws of another jurisdiction, the
 3117  marking “943.0435, F.S.”
 3118         Section 89. For the purpose of incorporating the amendment
 3119  made by this act to section 944.607, Florida Statutes, in a
 3120  reference thereto, subsection (4) of section 775.13, Florida
 3121  Statutes, is reenacted to read:
 3122         775.13 Registration of convicted felons, exemptions;
 3123  penalties.—
 3124         (4) This section does not apply to an offender:
 3125         (a) Who has had his or her civil rights restored;
 3126         (b) Who has received a full pardon for the offense for
 3127  which convicted;
 3128         (c) Who has been lawfully released from incarceration or
 3129  other sentence or supervision for a felony conviction for more
 3130  than 5 years prior to such time for registration, unless the
 3131  offender is a fugitive from justice on a felony charge or has
 3132  been convicted of any offense since release from such
 3133  incarceration or other sentence or supervision;
 3134         (d) Who is a parolee or probationer under the supervision
 3135  of the United States Parole Commission if the commission knows
 3136  of and consents to the presence of the offender in Florida or is
 3137  a probationer under the supervision of any federal probation
 3138  officer in the state or who has been lawfully discharged from
 3139  such parole or probation;
 3140         (e) Who is a sexual predator and has registered as required
 3141  under s. 775.21;
 3142         (f) Who is a sexual offender and has registered as required
 3143  in s. 943.0435 or s. 944.607; or
 3144         (g) Who is a career offender who has registered as required
 3145  in s. 775.261 or s. 944.609.
 3146         Section 90. For the purpose of incorporating the amendment
 3147  made by this act to section 944.607, Florida Statutes, in a
 3148  reference thereto, subsection (2) of section 775.24, Florida
 3149  Statutes, is reenacted to read:
 3150         775.24 Duty of the court to uphold laws governing sexual
 3151  predators and sexual offenders.—
 3152         (2) If a person meets the criteria in this chapter for
 3153  designation as a sexual predator or meets the criteria in s.
 3154  943.0435, s. 944.606, s. 944.607, or any other law for
 3155  classification as a sexual offender, the court may not enter an
 3156  order, for the purpose of approving a plea agreement or for any
 3157  other reason, which:
 3158         (a) Exempts a person who meets the criteria for designation
 3159  as a sexual predator or classification as a sexual offender from
 3160  such designation or classification, or exempts such person from
 3161  the requirements for registration or community and public
 3162  notification imposed upon sexual predators and sexual offenders;
 3163         (b) Restricts the compiling, reporting, or release of
 3164  public records information that relates to sexual predators or
 3165  sexual offenders; or
 3166         (c) Prevents any person or entity from performing its
 3167  duties or operating within its statutorily conferred authority
 3168  as such duty or authority relates to sexual predators or sexual
 3169  offenders.
 3170         Section 91. For the purpose of incorporating the amendment
 3171  made by this act to section 944.607, Florida Statutes, in a
 3172  reference thereto, section 775.25, Florida Statutes, is
 3173  reenacted to read:
 3174         775.25 Prosecutions for acts or omissions.—A sexual
 3175  predator or sexual offender who commits any act or omission in
 3176  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 3177  944.607, or former s. 947.177 may be prosecuted for the act or
 3178  omission in the county in which the act or omission was
 3179  committed, in the county of the last registered address of the
 3180  sexual predator or sexual offender, in the county in which the
 3181  conviction occurred for the offense or offenses that meet the
 3182  criteria for designating a person as a sexual predator or sexual
 3183  offender, in the county where the sexual predator or sexual
 3184  offender was released from incarceration, or in the county of
 3185  the intended address of the sexual predator or sexual offender
 3186  as reported by the predator or offender prior to his or her
 3187  release from incarceration. In addition, a sexual predator may
 3188  be prosecuted for any such act or omission in the county in
 3189  which he or she was designated a sexual predator.
 3190         Section 92. For the purpose of incorporating the amendment
 3191  made by this act to section 944.607, Florida Statutes, in a
 3192  reference thereto, subsection (2) of section 943.0436, Florida
 3193  Statutes, is reenacted to read:
 3194         943.0436 Duty of the court to uphold laws governing sexual
 3195  predators and sexual offenders.—
 3196         (2) If a person meets the criteria in chapter 775 for
 3197  designation as a sexual predator or meets the criteria in s.
 3198  943.0435, s. 944.606, s. 944.607, or any other law for
 3199  classification as a sexual offender, the court may not enter an
 3200  order, for the purpose of approving a plea agreement or for any
 3201  other reason, which:
 3202         (a) Exempts a person who meets the criteria for designation
 3203  as a sexual predator or classification as a sexual offender from
 3204  such designation or classification, or exempts such person from
 3205  the requirements for registration or community and public
 3206  notification imposed upon sexual predators and sexual offenders;
 3207         (b) Restricts the compiling, reporting, or release of
 3208  public records information that relates to sexual predators or
 3209  sexual offenders; or
 3210         (c) Prevents any person or entity from performing its
 3211  duties or operating within its statutorily conferred authority
 3212  as such duty or authority relates to sexual predators or sexual
 3213  offenders.
 3214         Section 93. For the purpose of incorporating the amendment
 3215  made by this act to section 944.607, Florida Statutes, in a
 3216  reference thereto, subsection (4) of section 948.06, Florida
 3217  Statutes, is reenacted to read:
 3218         948.06 Violation of probation or community control;
 3219  revocation; modification; continuance; failure to pay
 3220  restitution or cost of supervision.—
 3221         (4) Notwithstanding any other provision of this section, a
 3222  felony probationer or an offender in community control who is
 3223  arrested for violating his or her probation or community control
 3224  in a material respect may be taken before the court in the
 3225  county or circuit in which the probationer or offender was
 3226  arrested. That court shall advise him or her of the charge of a
 3227  violation and, if such charge is admitted, shall cause him or
 3228  her to be brought before the court that granted the probation or
 3229  community control. If the violation is not admitted by the
 3230  probationer or offender, the court may commit him or her or
 3231  release him or her with or without bail to await further
 3232  hearing. However, if the probationer or offender is under
 3233  supervision for any criminal offense proscribed in chapter 794,
 3234  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 3235  registered sexual predator or a registered sexual offender, or
 3236  is under supervision for a criminal offense for which he or she
 3237  would meet the registration criteria in s. 775.21, s. 943.0435,
 3238  or s. 944.607 but for the effective date of those sections, the
 3239  court must make a finding that the probationer or offender is
 3240  not a danger to the public prior to release with or without
 3241  bail. In determining the danger posed by the offender’s or
 3242  probationer’s release, the court may consider the nature and
 3243  circumstances of the violation and any new offenses charged; the
 3244  offender’s or probationer’s past and present conduct, including
 3245  convictions of crimes; any record of arrests without conviction
 3246  for crimes involving violence or sexual crimes; any other
 3247  evidence of allegations of unlawful sexual conduct or the use of
 3248  violence by the offender or probationer; the offender’s or
 3249  probationer’s family ties, length of residence in the community,
 3250  employment history, and mental condition; his or her history and
 3251  conduct during the probation or community control supervision
 3252  from which the violation arises and any other previous
 3253  supervisions, including disciplinary records of previous
 3254  incarcerations; the likelihood that the offender or probationer
 3255  will engage again in a criminal course of conduct; the weight of
 3256  the evidence against the offender or probationer; and any other
 3257  facts the court considers relevant. The court, as soon as is
 3258  practicable, shall give the probationer or offender an
 3259  opportunity to be fully heard on his or her behalf in person or
 3260  by counsel. After the hearing, the court shall make findings of
 3261  fact and forward the findings to the court that granted the
 3262  probation or community control and to the probationer or
 3263  offender or his or her attorney. The findings of fact by the
 3264  hearing court are binding on the court that granted the
 3265  probation or community control. Upon the probationer or offender
 3266  being brought before it, the court that granted the probation or
 3267  community control may revoke, modify, or continue the probation
 3268  or community control or may place the probationer into community
 3269  control as provided in this section. However, the probationer or
 3270  offender shall not be released and shall not be admitted to
 3271  bail, but shall be brought before the court that granted the
 3272  probation or community control if any violation of felony
 3273  probation or community control other than a failure to pay costs
 3274  or fines or make restitution payments is alleged to have been
 3275  committed by:
 3276         (a) A violent felony offender of special concern, as
 3277  defined in this section;
 3278         (b) A person who is on felony probation or community
 3279  control for any offense committed on or after the effective date
 3280  of this act and who is arrested for a qualifying offense as
 3281  defined in this section; or
 3282         (c) A person who is on felony probation or community
 3283  control and has previously been found by a court to be a
 3284  habitual violent felony offender as defined in s. 775.084(1)(b),
 3285  a three-time violent felony offender as defined in s.
 3286  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 3287  arrested for committing a qualifying offense as defined in this
 3288  section on or after the effective date of this act.
 3289         Section 94. For the purpose of incorporating the amendment
 3290  made by this act to section 944.607, Florida Statutes, in a
 3291  reference thereto, section 948.063, Florida Statutes, is
 3292  reenacted to read:
 3293         948.063 Violations of probation or community control by
 3294  designated sexual offenders and sexual predators.—
 3295         (1) If probation or community control for any felony
 3296  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 3297  the offender is designated as a sexual offender pursuant to s.
 3298  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 3299  775.21 for unlawful sexual activity involving a victim 15 years
 3300  of age or younger and the offender is 18 years of age or older,
 3301  and if the court imposes a subsequent term of supervision
 3302  following the revocation of probation or community control, the
 3303  court must order electronic monitoring as a condition of the
 3304  subsequent term of probation or community control.
 3305         (2) If the probationer or offender is required to register
 3306  as a sexual predator under s. 775.21 or as a sexual offender
 3307  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 3308  involving a victim 15 years of age or younger and the
 3309  probationer or offender is 18 years of age or older and has
 3310  violated the conditions of his or her probation or community
 3311  control, but the court does not revoke the probation or
 3312  community control, the court shall nevertheless modify the
 3313  probation or community control to include electronic monitoring
 3314  for any probationer or offender not then subject to electronic
 3315  monitoring.
 3316         Section 95. For the purpose of incorporating the amendment
 3317  made by this act to section 944.607, Florida Statutes, in a
 3318  reference thereto, section 948.31, Florida Statutes, is
 3319  reenacted to read:
 3320         948.31 Evaluation and treatment of sexual predators and
 3321  offenders on probation or community control.—The court may
 3322  require any probationer or community controllee who is required
 3323  to register as a sexual predator under s. 775.21 or sexual
 3324  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 3325  an evaluation, at the probationer or community controllee’s
 3326  expense, by a qualified practitioner to determine whether such
 3327  probationer or community controllee needs sexual offender
 3328  treatment. If the qualified practitioner determines that sexual
 3329  offender treatment is needed and recommends treatment, the
 3330  probationer or community controllee must successfully complete
 3331  and pay for the treatment. Such treatment must be obtained from
 3332  a qualified practitioner as defined in s. 948.001. Treatment may
 3333  not be administered by a qualified practitioner who has been
 3334  convicted or adjudicated delinquent of committing, or
 3335  attempting, soliciting, or conspiring to commit, any offense
 3336  that is listed in s. 943.0435(1)(h)1.a.(I).
 3337         Section 96. For the purpose of incorporating the amendment
 3338  made by this act to section 944.607, Florida Statutes, in a
 3339  reference thereto, paragraph (b) of subsection (6) of section
 3340  985.04, Florida Statutes, is reenacted to read:
 3341         985.04 Oaths; records; confidential information.—
 3342         (6)
 3343         (b) Sexual offender and predator registration information
 3344  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 3345  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 3346  otherwise provided by law.
 3347         Section 97. This act shall take effect October 1, 2025.