August 13, 2020
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HB 1815

1
A bill to be entitled
2An act relating to controlled substances; amending s.
3893.033, F.S.; revising the definition of the term "listed
4precursor chemicals"; including benzaldehyde, hydriodic
5acid, and nitroethane in the definition; deleting
6anhydrous ammonia and benzyl chloride from the definition;
7revising the definition of the term "listed essential
8chemicals"; including anhydrous ammonia, benzyl chloride,
9hydrochloric gas, and iodine in the definition; amending
10s. 893.13, F.S.; prohibiting a person from manufacturing
11methamphetamine or phencyclidine, or possessing listed
12chemicals with the intent to manufacture such chemicals;
13providing criminal penalties; providing for minimum terms
14of imprisonment in circumstances where a person commits or
15attempts to commit such crime in a structure or conveyance
16where a child is present and in circumstances where a
17child suffers great bodily harm; providing criminal
18penalties in circumstances where a person fails to store
19anhydrous ammonia as required; providing that any
20violation of ch. 893, F.S., which results in serious
21injury to a state, local, or federal law enforcement
22officer is a third degree felony and such a violation
23resulting in death or great bodily harm is a second degree
24felony; amending s. 893.135, F.S.; including offenses
25involving pseudoephedrine or ephedrine within the offense
26of trafficking in amphetamine; providing criminal
27penalties; providing that it is a capital offense to
28manufacture or import pseudoephedrine or ephedrine knowing
29that the probable result will be death; amending s.
30893.149, F.S., relating to the prohibition against
31possessing listed chemicals; providing an exception to
32such prohibition for a person authorized to clean up or
33dispose of hazardous waste or toxic substances pursuant to
34ch. 893, F.S.; providing that damages arising out of the
35unlawful possession of, storage of, or tampering with a
36listed chemical is the sole responsibility of the person
37unlawfully possessing, storing, or tampering with the
38chemical; providing that the lawful owner, installer,
39maintainer, designer, manufacturer, possessor, or seller
40is immune from liability in the absence of negligent
41misconduct or failure to abide by laws governing
42possession or storage; reenacting s. 893.02(12), F.S.,
43relating to the definition of the term "listed chemical,"
44for the purpose of incorporating the amendment to s.
45893.033, F.S., in a reference thereto; reenacting ss.
46435.07(2), 921.187(1), 938.25, and 948.034(1) and (2),
47F.S., relating to exemptions from disqualification for
48certain employment, disposition, and sentencing, the
49assessment of fees for purposes of funding the Operating
50Trust Fund of the Department of Law Enforcement, and the
51terms and conditions of probation, respectively, for the
52purpose of incorporating the amendment to s. 893.13, F.S.,
53in references thereto; reenacting ss. 311.12(3)(c),
54414.095(1), 775.087(2)(a) and (3)(a), 782.04(1)(a),
55(3)(a), and (4)(a), 893.13(8)(d), 907.041(4)(c),
56921.0024(1), 921.142(2), 943.0585, and 943.059, F.S.,
57relating to seaport security standards, eligibility for
58temporary cash assistance, mandatory sentencing in
59circumstances involving the possession of use of a weapon,
60specified offenses that may be charged as murder if death
61results, prohibited acts by prescribing practitioners,
62circumstances in which the court may order pretrial
63detention, worksheet computations and scoresheets under
64the Criminal Punishment Code, sentencing in capital drug
65trafficking cases, limitations on circumstances in which a
66criminal history record may be expunged, and limitations
67on circumstances in which a criminal history record may be
68sealed, respectively, for the purpose of incorporating the
69amendment to s. 895.135, F.S., in references thereto;
70reenacting ss. 397.451(4)(b) and (6), s. 772.12(2)(a),
71893.1351(1), 903.133, and 921.0022(3)(c) and (e) through
72(i), F.S., relating to background checks of service
73provider personnel, the Drug Dealer Liability Act, the
74prohibition against leasing or renting for the purpose of
75trafficking in a controlled substance, the limitation of
76admission to bail, and the designation of offenses on the
77offense severity ranking chart of the Criminal Punishment
78Code, respectively, for the purpose of incorporating the
79amendments to s. 893.13 and 893.135, F.S., in references
80thereto; providing applicability; providing an effective
81date.
82
83Be It Enacted by the Legislature of the State of Florida:
84
85     Section 1.  Section 893.033, Florida Statutes, is amended
86to read:
87     893.033  Listed chemicals.--The chemicals listed in this
88section are included by whatever official, common, usual,
89chemical, or trade name designated.
90     (1)  PRECURSOR CHEMICALS.--The term "listed precursor
91chemical" means a chemical that may be used in manufacturing a
92controlled substance in violation of this chapter and is
93critical to the creation of the controlled substance, and such
94term includes any salt, optical isomer, or salt of an optical
95isomer, whenever the existence of such salt, optical isomer, or
96salt of optical isomer is possible within the specific chemical
97designation. The following are "listed precursor chemicals":
98     (a)  Anhydrous ammonia.
99     (a)(b)  Anthranilic acid.
100     (b)  Benzaldehyde.
101     (c)  Benzyl chloride.
102     (c)(d)  Benzyl cyanide.
103     (d)(e)  Chloroephedrine.
104     (e)(f)  Chloropseudoephedrine.
105     (f)(g)  Ephedrine.
106     (g)(h)  Ergonovine.
107     (h)(i)  Ergotamine.
108     (i)(j)  Ethylamine.
109     (j)  Hydriodic acid.
110     (k)  Isosafrole.
111     (l)  Methylamine.
112     (m)  3, 4-Methylenedioxyphenyl-2-propanone.
113     (n)  N-acetylanthranilic acid.
114     (o)  N-ethylephedrine.
115     (p)  N-ethylpseudoephedrine.
116     (q)  N-methylephedrine.
117     (r)  N-methylpseudoephedrine.
118     (s)  Nitroethane.
119     (t)(s)  Norpseudoephedrine.
120     (u)(t)  Phenylacetic acid.
121     (v)(u)  Phenylpropanolamine.
122     (w)(v)  Piperidine.
123     (x)(w)  Piperonal.
124     (y)(x)  Propionic anhydride.
125     (z)(y)  Pseudoephedrine.
126     (aa)(z)  Safrole.
127     (2)  ESSENTIAL CHEMICALS.--The term "listed essential
128chemical" means a chemical that may be used as a solvent,
129reagent, or catalyst in manufacturing a controlled substance in
130violation of this chapter. The following are "listed essential
131chemicals":
132     (a)  Acetic anhydride.
133     (b)  Acetone.
134     (c)  Anhydrous ammonia.
135     (d)  Benzyl chloride.
136     (e)(c)  2-Butanone.
137     (f)(d)  Ethyl ether.
138     (g)  Hydrochloric gas.
139     (h)(e)  Hydriodic acid.
140     (i)  Iodine.
141     (j)(f)  Potassium permanganate.
142     (k)(g)  Toluene.
143     Section 2.  Paragraph (g) is added to subsection (1) of
144section 893.13, Florida Statutes, paragraphs (a) and (c) of
145subsection (7) of said section are amended, subsection (12) is
146added to said section, and paragraph (d) of subsection (8) of
147said section is reenacted for purpose of incorporating the
148amendment to section 893.135, Florida Statutes, in a reference
149thereto, to read:
150     893.13  Prohibited acts; penalties.--
151     (1)
152     (g)  Except as authorized by this chapter, it is unlawful
153for any person to manufacture methamphetamine or phencyclidine,
154or possess with the intent to manufacture methamphetamine or
155phencyclidine, or any listed chemical as defined in s. 893.033,
156when possessed in violation of s. 893.149. If any person
157violates this paragraph and:
158     1.  The commission or attempted commission of the crime
159occurs in a structure or conveyance where any child under 16
160years of age is present, the person commits a felony of the
161first degree, punishable as provided in s. 775.082, s. 775.083,
162or s. 775.084. In addition, the defendant must be sentenced to a
163minimum term of imprisonment of 5 calendar years.
164     2.  The commission of the crime causes any child under 16
165years of age to suffer great bodily harm, the person commits a
166felony of the first degree, punishable as provided in s.
167775.082, s. 775.083, or s. 775.084. In addition, the defendant
168must be sentenced to a minimum term of imprisonment of 10
169calendar years.
170     (7)(a)  It is unlawful for any person:
171     1.  To distribute or dispense a controlled substance in
172violation of this chapter.
173     2.  To refuse or fail to make, keep, or furnish any record,
174notification, order form, statement, invoice, or information
175required under this chapter.
176     3.  To refuse an entry into any premises for any inspection
177or to refuse to allow any inspection authorized by this chapter.
178     4.  To distribute a controlled substance named or described
179in s. 893.03(1) or (2) except pursuant to an order form as
180required by s. 893.06.
181     5.  To keep or maintain any store, shop, warehouse,
182dwelling, building, vehicle, boat, aircraft, or other structure
183or place which is resorted to by persons using controlled
184substances in violation of this chapter for the purpose of using
185these substances, or which is used for keeping or selling them
186in violation of this chapter.
187     6.  To use to his or her own personal advantage, or to
188reveal, any information obtained in enforcement of this chapter
189except in a prosecution or administrative hearing for a
190violation of this chapter.
191     7.  To possess a prescription form which has not been
192completed and signed by the practitioner whose name appears
193printed thereon, unless the person is that practitioner, is an
194agent or employee of that practitioner, is a pharmacist, or is a
195supplier of prescription forms who is authorized by that
196practitioner to possess those forms.
197     8.  To withhold information from a practitioner from whom
198the person seeks to obtain a controlled substance or a
199prescription for a controlled substance that the person making
200the request has received a controlled substance or a
201prescription for a controlled substance of like therapeutic use
202from another practitioner within the previous 30 days.
203     9.  To acquire or obtain, or attempt to acquire or obtain,
204possession of a controlled substance by misrepresentation,
205fraud, forgery, deception, or subterfuge.
206     10.  To affix any false or forged label to a package or
207receptacle containing a controlled substance.
208     11.  To furnish false or fraudulent material information
209in, or omit any material information from, any report or other
210document required to be kept or filed under this chapter or any
211record required to be kept by this chapter.
212     12.  To store anhydrous ammonia in a container that is not
213approved by the United States Department of Transportation to
214hold anhydrous ammonia or is not constructed in accordance with
215sound engineering, agricultural, or commercial practices.
216     (c)  Any person who violates the provisions of
217subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
218degree, punishable as provided in s. 775.082, s. 775.083, or s.
219775.084.
220     (8)
221     (d)  Notwithstanding paragraph (c), if a prescribing
222practitioner has violated paragraph (a) and received $1,000 or
223more in payment for writing one or more prescriptions or, in the
224case of a prescription written for a controlled substance
225described in s. 893.135, has written one or more prescriptions
226for a quantity of a controlled substance which, individually or
227in the aggregate, meets the threshold for the offense of
228trafficking in a controlled substance under s. 893.15, the
229violation is reclassified as a felony of the second degree and
230ranked in level 4 of the Criminal Punishment Code.
231     (12)  If a person violates any provision of this chapter
232and such violation results in a serious injury to a state,
233local, or federal law enforcement officer, the person commits a
234felony of the third degree, punishable as provided in s.
235775.082, s. 775.083, or s. 775.084. If the injury sustained
236results in death or great bodily harm, the person commits a
237felony of the second degree, punishable as provided in s.
238775.082, s. 775.083, or 775.084.
239     Section 3.  Paragraph (f) of subsection (1) of section
240893.135, Florida Statutes, is amended to read:
241     893.135  Trafficking; mandatory sentences; suspension or
242reduction of sentences; conspiracy to engage in trafficking.--
243     (1)  Except as authorized in this chapter or in chapter 499
244and notwithstanding the provisions of s. 893.13:
245     (f)1.  Any person who knowingly sells, purchases,
246manufactures, delivers, or brings into this state, or who is
247knowingly in actual or constructive possession of, 14 grams or
248more of amphetamine, as described in s. 893.03(2)(c)2., or
249methamphetamine, as described in s. 893.03(2)(c)4., or of any
250mixture containing amphetamine or methamphetamine, or
251phenylacetone, or phenylacetic acid, or ephedrine in conjunction
252with other chemicals and equipment utilized in the manufacture
253of amphetamine or methamphetamine, or 14 grams or more of any
254mixture containing crushed or powdered pseudoephedrine or
255ephedrine, or 300 or more pills, capsules, or tablets containing
256any mixture of pseudoephedrine or ephedrine, commits a felony of
257the first degree, which felony shall be known as "trafficking in
258amphetamine," punishable as provided in s. 775.082, s. 775.083,
259or s. 775.084. If the quantity involved:
260     a.  Is 14 grams or more, but less than 28 grams, or 300 or
261more pills, tablets, or capsules, but fewer than 600 pills,
262tablets, or capsules, such person shall be sentenced to a
263mandatory minimum term of imprisonment of 3 years, and the
264defendant shall be ordered to pay a fine of $50,000.
265     b.  Is 28 grams or more, or 600 or more pills, tablets, or
266capsules, but fewer than 5,000 pills, tablets, or capsules, but
267less than 200 grams, such person shall be sentenced to a
268mandatory minimum term of imprisonment of 7 years, and the
269defendant shall be ordered to pay a fine of $100,000.
270     c.  Is 200 grams or more, or 5,000 or more pills, tablets,
271or capsules, such person shall be sentenced to a mandatory
272minimum term of imprisonment of 15 calendar years and pay a fine
273of $250,000.
274     2.  Any person who knowingly manufactures or brings into
275this state 400 grams or more of amphetamine, as described in s.
276893.03(2)(c)2., or methamphetamine, as described in s.
277893.03(2)(c)4., or of any mixture containing amphetamine or
278methamphetamine, or phenylacetone, or phenylacetic acid, or
279ephedrine in conjunction with other chemicals and equipment used
280in the manufacture of amphetamine or methamphetamine, or 400
281grams or more of any mixture containing crushed or powdered
282pseudoephedrine or ephedrine, or 10,000 or more pills, capsules,
283or tablets containing any mixture of pseudoephedrine or
284ephedrine, and who knows that the probable result of such
285manufacture or importation would be the death of any person
286commits capital manufacture or importation of amphetamine, a
287capital felony punishable as provided in ss. 775.082 and
288921.142. Any person sentenced for a capital felony under this
289paragraph shall also be sentenced to pay the maximum fine
290provided under subparagraph 1.
291     Section 4.  Section 893.149, Florida Statutes, is amended
292to read:
293     893.149  Unlawful possession of listed chemical.--
294     (1)  It is unlawful for any person to knowingly or
295intentionally:
296     (a)  Possess a listed chemical with the intent to
297unlawfully manufacture a controlled substance;
298     (b)  Possess or distribute a listed chemical knowing, or
299having reasonable cause to believe, that the listed chemical
300will be used to unlawfully manufacture a controlled substance.
301     (2)  Any person who violates this section commits is guilty
302of a felony of the second degree, punishable as provided in s.
303775.082, s. 775.083, or s. 775.084.
304     (3)  This section does not apply to a public employee or
305private contractor authorized to clean up or dispose of
306hazardous waste or toxic substances pursuant to the provisions
307of this chapter.
308     (4)  Any damages arising out of the unlawful possession of,
309storage of, or tampering with a listed chemical, as defined in
310s. 893.033, shall be the sole responsibility of the person or
311persons unlawfully possessing, storing, or tampering with the
312listed chemical. In no case shall liability for damages arising
313out of the unlawful possession of, storage of, or tampering with
314a listed chemical extend to the lawful owner, installer,
315maintainer, designer, manufacturer, possessor, or seller of the
316listed chemical, unless such damages arise out of the acts or
317omissions of the owner, installer, maintainer, designer,
318manufacturer, possessor, or seller which constitute negligent
319misconduct or failure to abide by the laws regarding the
320possession or storage of a listed chemical.
321     Section 5.  For the purpose of incorporating the amendment
322to section 893.135, Florida Statutes, in a reference thereto,
323paragraph (c) of subsection (3) of section 311.12, Florida
324Statutes, is reenacted to read:
325     311.12  Seaport security standards.--
326     (3)
327     (c)  In addition to other requirements for employment or
328access established by each seaport pursuant to its seaport
329security plan, each seaport security plan shall provide that:
330     1.  Any person who has within the past 7 years been
331convicted, regardless of whether adjudication was withheld, for
332a forcible felony as defined in s. 776.08; an act of terrorism
333as defined in s. 775.30; planting of a hoax bomb as provided in
334s. 790.165; any violation involving the manufacture, possession,
335sale, delivery, display, use, or attempted or threatened use of
336a weapon of mass destruction or hoax weapon of mass destruction
337as provided in s. 790.166; dealing in stolen property; any
338violation of s. 893.135; any violation involving the sale,
339manufacturing, delivery, or possession with intent to sell,
340manufacture, or deliver a controlled substance; burglary;
341robbery; any felony violation of s. 812.014; any violation of s.
342790.07; any crime an element of which includes use or possession
343of a firearm; any conviction for any similar offenses under the
344laws of another jurisdiction; or conviction for conspiracy to
345commit any of the listed offenses shall not be qualified for
346initial employment within or regular access to a seaport or
347restricted access area; and
348     2.  Any person who has at any time been convicted for any
349of the listed offenses shall not be qualified for initial
350employment within or authorized regular access to a seaport or
351restricted access area unless, after release from incarceration
352and any supervision imposed as a sentence, the person remained
353free from a subsequent conviction, regardless of whether
354adjudication was withheld, for any of the listed offenses for a
355period of at least 7 years prior to the employment or access
356date under consideration.
357     Section 6.  For the purpose of incorporating the amendments
358to sections 893.13 and 893.135, Florida Statutes, in references
359thereto, paragraph (b) of subsection (4) and subsection (6) of
360section 397.451, Florida Statutes, are reenacted to read:
361     397.451  Background checks of service provider personnel.--
362     (4)  EXEMPTIONS FROM DISQUALIFICATION.--
363     (b)  Since rehabilitated substance abuse impaired persons
364are effective in the successful treatment and rehabilitation of
365substance abuse impaired adolescents, for service providers
366which treat adolescents 13 years of age and older, service
367provider personnel whose background checks indicate crimes under
368s. 817.563, s. 893.13, or s. 893.147 may be exempted from
369disqualification from employment pursuant to this paragraph.
370     (6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
371funds may not be disseminated to any service provider owned or
372operated by an owner, director, or chief financial officer who
373has been convicted of, has entered a plea of guilty or nolo
374contendere to, or has had adjudication withheld for, a violation
375of s. 893.135 pertaining to trafficking in controlled
376substances, or a violation of the law of another state, the
377District of Columbia, the United States or any possession or
378territory thereof, or any foreign jurisdiction which is
379substantially similar in elements and penalties to a trafficking
380offense in this state, unless the owner's or director's civil
381rights have been restored.
382     Section 7.  For the purpose of incorporating the amendment
383to section 893.135, Florida Statutes, in a reference thereto,
384subsection (1) of section 414.095, Florida Statutes, is
385reenacted to read:
386     414.095  Determining eligibility for temporary cash
387assistance.--
388     (1)  ELIGIBILITY.--An applicant must meet eligibility
389requirements of this section before receiving services or
390temporary cash assistance under this chapter, except that an
391applicant shall be required to register for work and engage in
392work activities in accordance with s. 445.024, as designated by
393the regional workforce board, and may receive support services
394or child care assistance in conjunction with such requirement.
395The department shall make a determination of eligibility based
396on the criteria listed in this chapter. The department shall
397monitor continued eligibility for temporary cash assistance
398through periodic reviews consistent with the food stamp
399eligibility process. Benefits shall not be denied to an
400individual solely based on a felony drug conviction, unless the
401conviction is for trafficking pursuant to s. 893.135. To be
402eligible under this section, an individual convicted of a drug
403felony must be satisfactorily meeting the requirements of the
404temporary cash assistance program, including all substance abuse
405treatment requirements. Within the limits specified in this
406chapter, the state opts out of the provision of Pub. L. No. 104-
407193, s. 115, that eliminates eligibility for temporary cash
408assistance and food stamps for any individual convicted of a
409controlled substance felony.
410     Section 8.  For the purpose of incorporating the amendment
411to section 893.13, Florida Statutes, in a reference thereto,
412subsection (2) of section 435.07, Florida Statutes, is reenacted
413to read:
414     435.07  Exemptions from disqualification.--Unless otherwise
415provided by law, the provisions of this section shall apply to
416exemptions from disqualification.
417     (2)  Persons employed by treatment providers who treat
418adolescents 13 years of age and older who are disqualified from
419employment solely because of crimes under s. 817.563, s. 893.13,
420or s. 893.147 may be exempted from disqualification from
421employment pursuant to this section without the 3-year waiting
422period.
423     Section 9.  For the purpose of incorporating the amendments
424to sections 893.13 and 893.135, Florida Statutes, in references
425thereto, paragraph (a) of subsection (2) of section 772.12,
426Florida Statutes, is reenacted to read:
427     772.12  Drug Dealer Liability Act.--
428     (2)  A person, including any governmental entity, has a
429cause of action for threefold the actual damages sustained and
430is entitled to minimum damages in the amount of $1,000 and
431reasonable attorney's fees and court costs in the trial and
432appellate courts, if the person proves by the greater weight of
433the evidence that:
434     (a)  The person was injured because of the defendant's
435actions that resulted in the defendant's conviction for:
436     1.  A violation of s. 893.13, except for a violation of s.
437893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
438     2.  A violation of s. 893.135; and
439     Section 10.  For the purpose of incorporating the amendment
440to section 893.135, Florida Statutes, in references thereto,
441paragraph (a) of subsection (2) and paragraph (a) of subsection
442(3) of section 775.087, Florida Statutes, are reenacted to read:
443     775.087  Possession or use of weapon; aggravated battery;
444felony reclassification; minimum sentence.--
445     (2)(a)1.  Any person who is convicted of a felony or an
446attempt to commit a felony, regardless of whether the use of a
447weapon is an element of the felony, and the conviction was for:
448     a.  Murder;
449     b.  Sexual battery;
450     c.  Robbery;
451     d.  Burglary;
452     e.  Arson;
453     f.  Aggravated assault;
454     g.  Aggravated battery;
455     h.  Kidnapping;
456     i.  Escape;
457     j.  Aircraft piracy;
458     k.  Aggravated child abuse;
459     l.  Aggravated abuse of an elderly person or disabled
460adult;
461     m.  Unlawful throwing, placing, or discharging of a
462destructive device or bomb;
463     n.  Carjacking;
464     o.  Home-invasion robbery;
465     p.  Aggravated stalking;
466     q.  Trafficking in cannabis, trafficking in cocaine,
467capital importation of cocaine, trafficking in illegal drugs,
468capital importation of illegal drugs, trafficking in
469phencyclidine, capital importation of phencyclidine, trafficking
470in methaqualone, capital importation of methaqualone,
471trafficking in amphetamine, capital importation of amphetamine,
472trafficking in flunitrazepam, trafficking in gamma-
473hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
474trafficking in Phenethylamines, or other violation of s.
475893.135(1); or
476     r.  Possession of a firearm by a felon
477
478and during the commission of the offense, such person actually
479possessed a "firearm" or "destructive device" as those terms are
480defined in s. 790.001, shall be sentenced to a minimum term of
481imprisonment of 10 years, except that a person who is convicted
482for aggravated assault, possession of a firearm by a felon, or
483burglary of a conveyance shall be sentenced to a minimum term of
484imprisonment of 3 years if such person possessed a "firearm" or
485"destructive device" during the commission of the offense.
486     2.  Any person who is convicted of a felony or an attempt
487to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
488regardless of whether the use of a weapon is an element of the
489felony, and during the course of the commission of the felony
490such person discharged a "firearm" or "destructive device" as
491defined in s. 790.001 shall be sentenced to a minimum term of
492imprisonment of 20 years.
493     3.  Any person who is convicted of a felony or an attempt
494to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
495regardless of whether the use of a weapon is an element of the
496felony, and during the course of the commission of the felony
497such person discharged a "firearm" or "destructive device" as
498defined in s. 790.001 and, as the result of the discharge, death
499or great bodily harm was inflicted upon any person, the
500convicted person shall be sentenced to a minimum term of
501imprisonment of not less than 25 years and not more than a term
502of imprisonment of life in prison.
503     (3)(a)1.  Any person who is convicted of a felony or an
504attempt to commit a felony, regardless of whether the use of a
505firearm is an element of the felony, and the conviction was for:
506     a.  Murder;
507     b.  Sexual battery;
508     c.  Robbery;
509     d.  Burglary;
510     e.  Arson;
511     f.  Aggravated assault;
512     g.  Aggravated battery;
513     h.  Kidnapping;
514     i.  Escape;
515     j.  Sale, manufacture, delivery, or intent to sell,
516manufacture, or deliver any controlled substance;
517     k.  Aircraft piracy;
518     l.  Aggravated child abuse;
519     m.  Aggravated abuse of an elderly person or disabled
520adult;
521     n.  Unlawful throwing, placing, or discharging of a
522destructive device or bomb;
523     o.  Carjacking;
524     p.  Home-invasion robbery;
525     q.  Aggravated stalking; or
526     r.  Trafficking in cannabis, trafficking in cocaine,
527capital importation of cocaine, trafficking in illegal drugs,
528capital importation of illegal drugs, trafficking in
529phencyclidine, capital importation of phencyclidine, trafficking
530in methaqualone, capital importation of methaqualone,
531trafficking in amphetamine, capital importation of amphetamine,
532trafficking in flunitrazepam, trafficking in gamma-
533hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
534trafficking in Phenethylamines, or other violation of s.
535893.135(1);
536
537and during the commission of the offense, such person possessed
538a semiautomatic firearm and its high-capacity detachable box
539magazine or a machine gun as defined in s. 790.001, shall be
540sentenced to a minimum term of imprisonment of 15 years.
541     2.  Any person who is convicted of a felony or an attempt
542to commit a felony listed in subparagraph (a)1., regardless of
543whether the use of a weapon is an element of the felony, and
544during the course of the commission of the felony such person
545discharged a semiautomatic firearm and its high-capacity box
546magazine or a "machine gun" as defined in s. 790.001 shall be
547sentenced to a minimum term of imprisonment of 20 years.
548     3.  Any person who is convicted of a felony or an attempt
549to commit a felony listed in subparagraph (a)1., regardless of
550whether the use of a weapon is an element of the felony, and
551during the course of the commission of the felony such person
552discharged a semiautomatic firearm and its high-capacity box
553magazine or a "machine gun" as defined in s. 790.001 and, as the
554result of the discharge, death or great bodily harm was
555inflicted upon any person, the convicted person shall be
556sentenced to a minimum term of imprisonment of not less than 25
557years and not more than a term of imprisonment of life in
558prison.
559     Section 11.  For the purpose of incorporating the amendment
560to section 893.135, Florida Statutes, in references thereto,
561paragraph (a) of subsection (1), paragraph (a) of subsection
562(3), and paragraph (a) of subsection (4) of section 782.04,
563Florida Statutes, are reenacted to read:
564     782.04  Murder.--
565     (1)(a)  The unlawful killing of a human being:
566     1.  When perpetrated from a premeditated design to effect
567the death of the person killed or any human being;
568     2.  When committed by a person engaged in the perpetration
569of, or in the attempt to perpetrate, any:
570     a.  Trafficking offense prohibited by s. 893.135(1),
571     b.  Arson,
572     c.  Sexual battery,
573     d.  Robbery,
574     e.  Burglary,
575     f.  Kidnapping,
576     g.  Escape,
577     h.  Aggravated child abuse,
578     i.  Aggravated abuse of an elderly person or disabled
579adult,
580     j.  Aircraft piracy,
581     k.  Unlawful throwing, placing, or discharging of a
582destructive device or bomb,
583     l.  Carjacking,
584     m.  Home-invasion robbery,
585     n.  Aggravated stalking,
586     o.  Murder of another human being,
587     p.  Resisting an officer with violence to his or her
588person,
589     q.  Felony that is an act of terrorism or is in furtherance
590of an act of terrorism; or
591     3.  Which resulted from the unlawful distribution of any
592substance controlled under s. 893.03(1), cocaine as described in
593s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
594compound, derivative, or preparation of opium by a person 18
595years of age or older, when such drug is proven to be the
596proximate cause of the death of the user,
597
598is murder in the first degree and constitutes a capital felony,
599punishable as provided in s. 775.082.
600     (3)  When a person is killed in the perpetration of, or in
601the attempt to perpetrate, any:
602     (a)  Trafficking offense prohibited by s. 893.135(1),
603
604by a person other than the person engaged in the perpetration of
605or in the attempt to perpetrate such felony, the person
606perpetrating or attempting to perpetrate such felony is guilty
607of murder in the second degree, which constitutes a felony of
608the first degree, punishable by imprisonment for a term of years
609not exceeding life or as provided in s. 775.082, s. 775.083, or
610s. 775.084.
611     (4)  The unlawful killing of a human being, when
612perpetrated without any design to effect death, by a person
613engaged in the perpetration of, or in the attempt to perpetrate,
614any felony other than any:
615     (a)  Trafficking offense prohibited by s. 893.135(1),
616
617is murder in the third degree and constitutes a felony of the
618second degree, punishable as provided in s. 775.082, s. 775.083,
619or s. 775.084.
620     Section 12.  For the purpose of incorporating the amendment
621to section 893.033, Florida Statutes, in a reference thereto,
622subsection (12) of section 893.02, Florida Statutes, is
623reenacted to read:
624     893.02  Definitions.--The following words and phrases as
625used in this chapter shall have the following meanings, unless
626the context otherwise requires:
627     (12)  "Listed chemical" means any precursor chemical or
628essential chemical named or described in s. 893.033.
629     Section 13.  For the purpose of incorporating the
630amendments to sections 893.13 and 893.135, Florida Statutes, in
631references thereto, subsection (1) of section 893.1351, Florida
632Statutes, is reenacted to read:
633     893.1351  Lease or rent for the purpose of trafficking in a
634controlled substance.--
635     (1)  A person may not lease or rent any place, structure,
636or part thereof, trailer, or other conveyance, with the
637knowledge that such place, structure, trailer, or conveyance
638will be used for the purpose of trafficking in a controlled
639substance, as provided in s. 893.135, or the sale of a
640controlled substance, as provided in s. 893.13.
641     Section 14.  For the purpose of incorporating the
642amendments to sections 893.13 and 893.135, Florida Statutes, in
643references thereto, section 903.133, Florida Statutes, is
644reenacted to read:
645     903.133  Bail on appeal; prohibited for certain felony
646convictions.--Notwithstanding the provisions of s. 903.132, no
647person adjudged guilty of a felony of the first degree for a
648violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
649806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
650violation of s. 794.011(2) or (3), shall be admitted to bail
651pending review either by posttrial motion or appeal.
652     Section 15.  For the purpose of incorporating the amendment
653to section 893.135, Florida Statutes, in a reference thereto,
654paragraph (c) of subsection (4) of section 907.041, Florida
655Statutes, is reenacted to read:
656     907.041  Pretrial detention and release.--
657     (4)  PRETRIAL DETENTION.--
658     (c)  The court may order pretrial detention if it finds a
659substantial probability, based on a defendant's past and present
660patterns of behavior, the criteria in s. 903.046, and any other
661relevant facts, that any of the following circumstances exists:
662     1.  The defendant has previously violated conditions of
663release and that no further conditions of release are reasonably
664likely to assure the defendant's appearance at subsequent
665proceedings;
666     2.  The defendant, with the intent to obstruct the judicial
667process, has threatened, intimidated, or injured any victim,
668potential witness, juror, or judicial officer, or has attempted
669or conspired to do so, and that no condition of release will
670reasonably prevent the obstruction of the judicial process;
671     3.  The defendant is charged with trafficking in controlled
672substances as defined by s. 893.135, that there is a substantial
673probability that the defendant has committed the offense, and
674that no conditions of release will reasonably assure the
675defendant's appearance at subsequent criminal proceedings; or
676     4.  The defendant is charged with DUI manslaughter, as
677defined by s. 316.193, and that there is a substantial
678probability that the defendant committed the crime and that the
679defendant poses a threat of harm to the community; conditions
680that would support a finding by the court pursuant to this
681subparagraph that the defendant poses a threat of harm to the
682community include, but are not limited to, any of the following:
683     a.  The defendant has previously been convicted of any
684crime under s. 316.193, or of any crime in any other state or
685territory of the United States that is substantially similar to
686any crime under s. 316.193;
687     b.  The defendant was driving with a suspended driver's
688license when the charged crime was committed; or
689     c.  The defendant has previously been found guilty of, or
690has had adjudication of guilt withheld for, driving while the
691defendant's driver's license was suspended or revoked in
692violation of s. 322.34;
693     5.  The defendant poses the threat of harm to the
694community. The court may so conclude, if it finds that the
695defendant is presently charged with a dangerous crime, that
696there is a substantial probability that the defendant committed
697such crime, that the factual circumstances of the crime indicate
698a disregard for the safety of the community, and that there are
699no conditions of release reasonably sufficient to protect the
700community from the risk of physical harm to persons.
701     6.  The defendant was on probation, parole, or other
702release pending completion of sentence or on pretrial release
703for a dangerous crime at the time the current offense was
704committed; or
705     7.  The defendant has violated one or more conditions of
706pretrial release or bond for the offense currently before the
707court and the violation, in the discretion of the court,
708supports a finding that no conditions of release can reasonably
709protect the community from risk of physical harm to persons or
710assure the presence of the accused at trial.
711     Section 16.  For the purpose of incorporating the
712amendments to sections 893.13 and 893.135, Florida Statutes, in
713references thereto, paragraphs (c) and (e) through (i) of
714subsection (3) of section 921.0022, Florida Statutes, are
715reenacted to read:
716     921.0022  Criminal Punishment Code; offense severity
717ranking chart.--
718     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatuteFelonyDegree
Description
719
 


(c)  LEVEL 3
720
 
119.10(3)3rdUnlawful use of confidential information from police reports.
721
 
316.066(3)(d)-(f)3rdUnlawfully obtaining or using confidential crash reports.
722
 
316.193(2)(b)3rdFelony DUI, 3rd conviction.
723
 
316.1935(2)3rdFleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
724
 
319.30(4)3rdPossession by junkyard of motor vehicle with identification number plate removed.
725
 
319.33(1)(a)3rdAlter or forge any certificate of title to a motor vehicle or mobile home.
726
 
319.33(1)(c)3rdProcure or pass title on stolen vehicle.
727
 
319.33(4)3rdWith intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
728
 
327.35(2)(b)3rdFelony BUI.
729
 
328.05(2)3rdPossess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
730
 
328.07(4)3rdManufacture, exchange, or possess vessel with counterfeit or wrong ID number.
731
 
370.12(1)(e)5.3rdTaking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
732
 
370.12(1)(e)6.3rdSoliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
733
 
376.302(5)3rdFraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
734
 
400.903(3)3rdOperating a clinic without a license or filing false license application or other required information.
735
 
440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
736
 
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
737
 
501.001(2)(b)2ndTampers with a consumer product or the container using materially false/misleading information.
738
 
624.401(4)(a)3rdTransacting insurance without a certificate of authority.
739
 
624.401(4)(b)1.3rdTransacting insurance without a certificate of authority; premium collected less than $20,000.
740
 
626.902(1)(a) & (b)3rdRepresenting an unauthorized insurer.
741
 
697.083rdEquity skimming.
742
 
790.15(3)3rdPerson directs another to discharge firearm from a vehicle.
743
 
796.05(1)3rdLive on earnings of a prostitute.
744
 
806.10(1)3rdMaliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
745
 
806.10(2)3rdInterferes with or assaults firefighter in performance of duty.
746
 
810.09(2)(c)3rdTrespass on property other than structure or conveyance armed with firearm or dangerous weapon.
747
 
812.014(2)(c)2.3rdGrand theft; $5,000 or more but less than $10,000.
748
 
812.0145(2)(c)3rdTheft from person 65 years of age or older; $300 or more but less than $10,000.
749
 
815.04(4)(b)2ndComputer offense devised to defraud or obtain property.
750
 
817.034(4)(a)3.3rdEngages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
751
 
817.2333rdBurning to defraud insurer.
752
 
817.234(8)(b)-(c)3rdUnlawful solicitation of persons involved in motor vehicle accidents.
753
 
817.234(11)(a)3rdInsurance fraud; property value less than $20,000.
754
 
817.2363rdFiling a false motor vehicle insurance application.
755
 
817.23613rdCreating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
756
 
817.413(2)3rdSale of used goods as new.
757
 
817.505(4)3rdPatient brokering.
758
 
828.12(2)3rdTortures any animal with intent to inflict intense pain, serious physical injury, or death.
759
 
831.28(2)(a)3rdCounterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
760
 
831.292ndPossession of instruments for counterfeiting drivers' licenses or identification cards.
761
 
838.021(3)(b)3rdThreatens unlawful harm to public servant.
762
 
843.193rdInjure, disable, or kill police dog or horse.
763
 
860.15(3)3rdOvercharging for repairs and parts.
764
 
870.01(2)3rdRiot; inciting or encouraging.
765
 
893.13(1)(a)2.3rdSell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
766
 
893.13(1)(d)2.2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
767
 
893.13(1)(f)2.2ndSell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
768
 
893.13(6)(a)3rdPossession of any controlled substance other than felony possession of cannabis.
769
 
893.13(7)(a)8.3rdWithhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
770
 
893.13(7)(a)9.3rdObtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
771
 
893.13(7)(a)10.3rdAffix false or forged label to package of controlled substance.
772
 
893.13(7)(a)11.3rdFurnish false or fraudulent material information on any document or record required by chapter 893.
773
 
893.13(8)(a)1.3rdKnowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
774
 
893.13(8)(a)2.3rdEmploy a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
775
 
893.13(8)(a)3.3rdKnowingly write a prescription for a controlled substance for a fictitious person.
776
 
893.13(8)(a)4.3rdWrite a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
777
 
918.13(1)(a)3rdAlter, destroy, or conceal investigation evidence.
778
 
944.47(1)(a)1.-2.3rdIntroduce contraband to correctional facility.
779
 
944.47(1)(c)2ndPossess contraband while upon the grounds of a correctional institution.
780
 
985.31413rdEscapes from a juvenile facility (secure detention or residential commitment facility).
781
 


(e)  LEVEL 5
782
 
316.027(1)(a)3rdAccidents involving personal injuries, failure to stop; leaving scene.
783
 
316.1935(4)2ndAggravated fleeing or eluding.
784
 
322.34(6)3rdCareless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
785
 
327.30(5)3rdVessel accidents involving personal injury; leaving scene.
786
 
381.0041(11)(b)3rdDonate blood, plasma, or organs knowing HIV positive.
787
 
440.10(1)(g)2ndFailure to obtain workers' compensation coverage.
788
 
440.105(5)2ndUnlawful solicitation for the purpose of making workers' compensation claims.
789
 
440.381(2)2ndSubmission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
790
 
624.401(4)(b)2.2ndTransacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
791
 
626.902(1)(c)2ndRepresenting an unauthorized insurer; repeat offender.
792
 
790.01(2)3rdCarrying a concealed firearm.
793
 
790.1622ndThreat to throw or discharge destructive device.
794
 
790.163(1)2ndFalse report of deadly explosive or weapon of mass destruction.
795
 
790.221(1)2ndPossession of short-barreled shotgun or machine gun.
796
 
790.232ndFelons in possession of firearms or electronic weapons or devices.
797
 
800.04(6)(c)3rdLewd or lascivious conduct; offender less than 18 years.
798
 
800.04(7)(c)2ndLewd or lascivious exhibition; offender 18 years or older.
799
 
806.111(1)3rdPossess, manufacture, or dispense fire bomb with intent to damage any structure or property.
800
 
812.0145(2)(b)2ndTheft from person 65 years of age or older; $10,000 or more but less than $50,000.
801
 
812.015(8)3rdRetail theft; property stolen is valued at $300 or more and one or more specified acts.
802
 
812.019(1)2ndStolen property; dealing in or trafficking in.
803
 
812.131(2)(b)3rdRobbery by sudden snatching.
804
 
812.16(2)3rdOwning, operating, or conducting a chop shop.
805
 
817.034(4)(a)2.2ndCommunications fraud, value $20,000 to $50,000.
806
 
817.234(11)(b)2ndInsurance fraud; property value $20,000 or more but less than $100,000.
807
 
817.2341(1),(2)(a)&(3)(a)3rdFiling false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
808
 
817.568(2)(b)2ndFraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
809
 
817.625(2)(b)2ndSecond or subsequent fraudulent use of scanning device or reencoder.
810
 
825.1025(4)3rdLewd or lascivious exhibition in the presence of an elderly person or disabled adult.
811
 
827.071(4)2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
812
 
839.13(2)(b)2ndFalsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
813
 
843.013rdResist officer with violence to person; resist arrest with violence.
814
 
874.05(2)2ndEncouraging or recruiting another to join a criminal street gang; second or subsequent offense.
815
 
893.13(1)(a)1.2ndSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
816
 
893.13(1)(c)2.2ndSell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
817
 
893.13(1)(d)1.1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
818
 
893.13(1)(e)2.2ndSell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
819
 
893.13(1)(f)1.1stSell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
820
 
893.13(4)(b)2ndDeliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
821
 


(f)  LEVEL 6
822
 
316.193(2)(b)3rdFelony DUI, 4th or subsequent conviction.
823
 
499.0051(3)2ndForgery of pedigree papers.
824
 
499.0051(4)2ndPurchase or receipt of legend drug from unauthorized person.
825
 
499.0051(5)2ndSale of legend drug to unauthorized person.
826
 
775.0875(1)3rdTaking firearm from law enforcement officer.
827
 
775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
828
 
784.021(1)(a)3rdAggravated assault; deadly weapon without intent to kill.
829
 
784.021(1)(b)3rdAggravated assault; intent to commit felony.
830
 
784.0413rdFelony battery.
831
 
784.048(3)3rdAggravated stalking; credible threat.
832
 
784.048(5)3rdAggravated stalking of person under 16.
833
 
784.07(2)(c)2ndAggravated assault on law enforcement officer.
834
 
784.074(1)(b)2ndAggravated assault on sexually violent predators facility staff.
835
 
784.08(2)(b)2ndAggravated assault on a person 65 years of age or older.
836
 
784.081(2)2ndAggravated assault on specified official or employee.
837
 
784.082(2)2ndAggravated assault by detained person on visitor or other detainee.
838
 
784.083(2)2ndAggravated assault on code inspector.
839
 
787.02(2)3rdFalse imprisonment; restraining with purpose other than those in s. 787.01.
840
 
790.115(2)(d)2ndDischarging firearm or weapon on school property.
841
 
790.161(2)2ndMake, possess, or throw destructive device with intent to do bodily harm or damage property.
842
 
790.164(1)2ndFalse report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
843
 
790.192ndShooting or throwing deadly missiles into dwellings, vessels, or vehicles.
844
 
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
845
 
794.05(1)2ndUnlawful sexual activity with specified minor.
846
 
800.04(5)(d)3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
847
 
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
848
 
806.031(2)2ndArson resulting in great bodily harm to firefighter or any other person.
849
 
810.02(3)(c)2ndBurglary of occupied structure; unarmed; no assault or battery.
850
 
812.014(2)(b)1.2ndProperty stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
851
 
812.014(2)(b)2.2ndProperty stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
852
 
812.015(9)2ndRetail theft; property stolen $300 or more; second or subsequent conviction.
853
 
812.13(2)(c)2ndRobbery, no firearm or other weapon (strong-arm robbery).
854
 
817.034(4)(a)1.1stCommunications fraud, value greater than $50,000.
855
 
817.4821(5)2ndPossess cloning paraphernalia with intent to create cloned cellular telephones.
856
 
825.102(1)3rdAbuse of an elderly person or disabled adult.
857
 
825.102(3)(c)3rdNeglect of an elderly person or disabled adult.
858
 
825.1025(3)3rdLewd or lascivious molestation of an elderly person or disabled adult.
859
 
825.103(2)(c)3rdExploiting an elderly person or disabled adult and property is valued at less than $20,000.
860
 
827.03(1)3rdAbuse of a child.
861
 
827.03(3)(c)3rdNeglect of a child.
862
 
827.071(2)&(3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
863
 
836.052ndThreats; extortion.
864
 
836.102ndWritten threats to kill or do bodily injury.
865
 
843.123rdAids or assists person to escape.
866
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
867
 
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
868
 
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.
869
 
944.35(3)(a)2.3rdCommitting malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
870
 
944.402ndEscapes.
871
 
944.463rdHarboring, concealing, aiding escaped prisoners.
872
 
944.47(1)(a)5.2ndIntroduction of contraband (firearm, weapon, or explosive) into correctional facility.
873
 
951.22(1)3rdIntoxicating drug, firearm, or weapon introduced into county facility.
874
 


(g)  LEVEL 7
875
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
876
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
877
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
878
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
879
 
409.920(2)3rdMedicaid provider fraud.
880
 
456.065(2)3rdPracticing a health care profession without a license.
881
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
882
 
458.327(1)3rdPracticing medicine without a license.
883
 
459.013(1)3rdPracticing osteopathic medicine without a license.
884
 
460.411(1)3rdPracticing chiropractic medicine without a license.
885
 
461.012(1)3rdPracticing podiatric medicine without a license.
886
 
462.173rdPracticing naturopathy without a license.
887
 
463.015(1)3rdPracticing optometry without a license.
888
 
464.016(1)3rdPracticing nursing without a license.
889
 
465.015(2)3rdPracticing pharmacy without a license.
890
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
891
 
467.2013rdPracticing midwifery without a license.
892
 
468.3663rdDelivering respiratory care services without a license.
893
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
894
 
483.901(9)3rdPracticing medical physics without a license.
895
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
896
 
484.0533rdDispensing hearing aids without a license.
897
 
494.0018(2)1stConviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
898
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
899
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
900
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
901
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
902
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
903
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
904
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
905
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
906
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
907
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
908
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
909
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
910
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
911
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
912
 
784.081(1)1stAggravated battery on specified official or employee.
913
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
914
 
784.083(1)1stAggravated battery on code inspector.
915
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
916
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
917
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
918
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
919
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
920
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
921
 
796.032ndProcuring any person under 16 years for prostitution.
922
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
923
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
924
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
925
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
926
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
927
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
928
 
812.014(2)(a)1stProperty stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
929
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
930
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
931
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
932
 
812.131(2)(a)2ndRobbery by sudden snatching.
933
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
934
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
935
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
936
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
937
 
817.2341(2)(b)&(3)(b)1stMaking false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
938
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
939
 
825.103(2)(b)2ndExploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
940
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
941
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
942
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
943
 
838.0152ndBribery.
944
 
838.0162ndUnlawful compensation or reward for official behavior.
945
 
838.021(3)(a)2ndUnlawful harm to a public servant.
946
 
838.222ndBid tampering.
947
 
872.062ndAbuse of a dead human body.
948
 
893.13(1)(c)1.1stSell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
949
 
893.13(1)(e)1.1stSell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
950
 
893.13(4)(a)1stDeliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
951
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
952
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
953
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
954
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
955
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
956
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
957
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
958
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
959
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
960
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
961
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
962
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
963
 


(h)  LEVEL 8
964
 
316.193(3)(c)3.a.2ndDUI manslaughter.
965
 
327.35(3)(c)3.2ndVessel BUI manslaughter.
966
 
499.0051(7)1stForgery of prescription or legend drug labels.
967
 
499.00521stTrafficking in contraband legend drugs.
968
 
560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
969
 
560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
970
 
655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
971
 
777.03(2)(a)1stAccessory after the fact, capital felony.
972
 
782.04(4)2ndKilling of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
973
 
782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
974
 
782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.
975
 
782.072(2)1stCommitting vessel homicide and failing to render aid or give information.
976
 
790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.
977
 
794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
978
 
800.04(4)2ndLewd or lascivious battery.
979
 
806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.
980
 
810.02(2)(a)1st,PBL Burglary with assault or battery.
981
 
810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.
982
 
810.02(2)(c)1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
983
 
812.13(2)(b)1stRobbery with a weapon.
984
 
812.135(2)1stHome-invasion robbery.
985
 
817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.
986
 
825.102(2)2ndAggravated abuse of an elderly person or disabled adult.
987
 
825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.
988
 
825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.
989
 
837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.
990
 
837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.
991
 
860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
992
 
860.161stAircraft piracy.
993
 
893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
994
 
893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
995
 
893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
996
 
893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
997
 
893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.
998
 
893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.
999
 
893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.
1000
 
893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
1001
 
893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.
1002
 
893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1003
 
893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1004
 
893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1005
 
893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1006
 
895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.
1007
 
895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1008
 
895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.
1009
 
896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1010
 
896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
1011
 


(i)  LEVEL 9
1012
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
1013
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
1014
 
499.00531stSale or purchase of contraband legend drugs resulting in great bodily harm.
1015
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1016
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1017
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
1018
 
775.08441stAggravated white collar crime.
1019
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
1020
 
782.04(3)1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1021
 
782.051(1)1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1022
 
782.07(2)1st Aggravated manslaughter of an elderly person or disabled adult.
1023
 
787.01(1)(a)1.1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1024
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
1025
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
1026
 
787.02(3)(a)1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1027
 
790.1611stAttempted capital destructive device offense.
1028
 
790.166(2)1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1029
 
794.011(2)1st Attempted sexual battery; victim less than 12 years of age.
1030
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1031
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
1032
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1033
 
800.04(5)(b)1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1034
 
812.13(2)(a)1st,PBL Robbery with firearm or other deadly weapon.
1035
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
1036
 
817.568(7)2nd,PBLFraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1037
 
827.03(2)1st Aggravated child abuse.
1038
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
1039
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
1040
 
859.011stPoisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1041
 
893.1351stAttempted capital trafficking offense.
1042
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
1043
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
1044
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1045
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
1046
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
1047
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
1048
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1049
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
1050
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
1051
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
1052
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1053
1054     Section 17.  For the purpose of incorporating the amendment
1055to section 893.135, Florida Statutes, in references thereto,
1056subsection (1) of section 921.0024, Florida Statutes, is
1057reenacted to read:
1058     921.0024  Criminal Punishment Code; worksheet computations;
1059scoresheets.--
1060     (1)(a)  The Criminal Punishment Code worksheet is used to
1061compute the subtotal and total sentence points as follows:
1062
1063
FLORIDA CRIMINAL PUNISHMENT CODE
1064WORKSHEET
1065
1066
OFFENSE SCORE
1067
1068
Primary Offense
 
Primary OffenseLevel
Sentence Points

Total
1069
1070
 




1071
 
10
116
=
_____
1072
 
9
92
=
_____
1073
 
8
74
=
_____
1074
 
7
56
=
_____
1075
 
6
36
=
_____
1076
 
5
28
=
_____
1077
 
4
22
=
_____
1078
 
3
16
=
_____
1079
 
2
10
=
_____
1080
 
1
4
=
_____
1081
 




1082
 



Total        
1083
1084
1085
Additional Offenses
 
Additional OffensesLevel
Sentence Points

Counts

Total
1086
1087
 






1088
 
10
58
x
_____
=
_____
1089
 
9
46
x
_____
=
_____
1090
 
8
37
x
_____
=
_____
1091
 
7
28
x
_____
=
_____
1092
 
6
18
x
_____
=
_____
1093
 
5
5.4
x
_____
=
_____
1094
 
4
3.6
x
_____
=
_____
1095
 
3
2.4
x
_____
=
_____
1096
 
2
1.2
x
_____
=
_____
1097
 
1
0.7
x
_____
=
_____
1098
 
M
0.2
x
_____
=
_____
1099
 






1100
 





Total        
1101
1102
1103
Victim Injury
 
Victim InjuryLevel
Sentence Points

Number

Total
1104
1105
 






1106
 
2nd degree  murder-  death
240
x
_____
=
_____
1107
 
Death
120
x
_____
=
_____
1108
 
Severe
40
x
_____
=
_____
1109
 
Moderate
18
x
_____
=
_____
1110
 
Slight
4
x
_____
=
_____
1111
 
Sexual  Penetration
80
x
_____
=
_____
1112
 
Sexual contact
40
x
_____
=
_____
1113
 






1114
 





Total        
1115
1116
1117Primary Offense + Additional Offenses + Victim Injury =
1118
TOTAL OFFENSE SCORE
1119
1120
PRIOR RECORD SCORE
1121
1122
Prior Record
 
Prior RecordLevel
Sentence Points

Number

Total
1123
1124
 






1125
 
10
29
x
_____
=
_____
1126
 
9
23
x
_____
=
_____
1127
 
8
19
x
_____
=
_____
1128
 
7
14
x
_____
=
_____
1129
 
6
9
x
_____
=
_____
1130
 
5
3.6
x
_____
=
_____
1131
 
4
2.4
x
_____
=
_____
1132
 
3
1.6
x
_____
=
_____
1133
 
2
0.8
x
_____
=
_____
1134
 
1
0.5
x
_____
=
_____
1135
 
M
0.2
x
_____
=
_____
1136
 






1137
 





Total        
1138
1139
1140   TOTAL OFFENSE SCORE
1141   TOTAL PRIOR RECORD SCORE
1142
1143   LEGAL STATUS
1144   COMMUNITY SANCTION VIOLATION
1145   PRIOR SERIOUS FELONY
1146   PRIOR CAPITAL FELONY
1147   FIREARM OR SEMIAUTOMATIC WEAPON
1148SUBTOTAL__________
1149
1150   PRISON RELEASEE REOFFENDER (no)(yes)
1151   VIOLENT CAREER CRIMINAL (no)(yes)
1152   HABITUAL VIOLENT OFFENDER (no)(yes)
1153   HABITUAL OFFENDER (no)(yes)
1154   DRUG TRAFFICKER (no)(yes) (x multiplier)
1155   LAW ENF. PROTECT. (no)(yes) (x multiplier)
1156   MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
1157   CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
1158   DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
1159(x multiplier)
1160
1161TOTAL SENTENCE POINTS__________
1162
1163
(b)  WORKSHEET KEY:
1164
1165Legal status points are assessed when any form of legal status
1166existed at the time the offender committed an offense before the
1167court for sentencing. Four (4) sentence points are assessed for
1168an offender's legal status.
1169
1170Community sanction violation points are assessed when a
1171community sanction violation is before the court for sentencing.
1172Six (6) sentence points are assessed for each community sanction
1173violation, and each successive community sanction violation;
1174however, if the community sanction violation includes a new
1175felony conviction before the sentencing court, twelve (12)
1176community sanction violation points are assessed for such
1177violation, and for each successive community sanction violation
1178involving a new felony conviction. Multiple counts of community
1179sanction violations before the sentencing court shall not be a
1180basis for multiplying the assessment of community sanction
1181violation points.
1182
1183Prior serious felony points: If the offender has a primary
1184offense or any additional offense ranked in level 8, level 9, or
1185level 10, and one or more prior serious felonies, a single
1186assessment of 30 points shall be added. For purposes of this
1187section, a prior serious felony is an offense in the offender's
1188prior record that is ranked in level 8, level 9, or level 10
1189under s. 921.0022 or s. 921.0023 and for which the offender is
1190serving a sentence of confinement, supervision, or other
1191sanction or for which the offender's date of release from
1192confinement, supervision, or other sanction, whichever is later,
1193is within 3 years before the date the primary offense or any
1194additional offense was committed.
1195
1196Prior capital felony points: If the offender has one or more
1197prior capital felonies in the offender's criminal record, points
1198shall be added to the subtotal sentence points of the offender
1199equal to twice the number of points the offender receives for
1200the primary offense and any additional offense. A prior capital
1201felony in the offender's criminal record is a previous capital
1202felony offense for which the offender has entered a plea of nolo
1203contendere or guilty or has been found guilty; or a felony in
1204another jurisdiction which is a capital felony in that
1205jurisdiction, or would be a capital felony if the offense were
1206committed in this state.
1207
1208Possession of a firearm, semiautomatic firearm, or machine gun:
1209If the offender is convicted of committing or attempting to
1210commit any felony other than those enumerated in s. 775.087(2)
1211while having in his or her possession: a firearm as defined in
1212s. 790.001(6), an additional 18 sentence points are assessed; or
1213if the offender is convicted of committing or attempting to
1214commit any felony other than those enumerated in s. 775.087(3)
1215while having in his or her possession a semiautomatic firearm as
1216defined in s. 775.087(3) or a machine gun as defined in s.
1217790.001(9), an additional 25 sentence points are assessed.
1218
1219Sentencing multipliers:
1220
1221Drug trafficking: If the primary offense is drug trafficking
1222under s. 893.135, the subtotal sentence points are multiplied,
1223at the discretion of the court, for a level 7 or level 8
1224offense, by 1.5. The state attorney may move the sentencing
1225court to reduce or suspend the sentence of a person convicted of
1226a level 7 or level 8 offense, if the offender provides
1227substantial assistance as described in s. 893.135(4).
1228
1229Law enforcement protection: If the primary offense is a
1230violation of the Law Enforcement Protection Act under s.
1231775.0823(2), the subtotal sentence points are multiplied by 2.5.
1232If the primary offense is a violation of s. 775.0823(3), (4),
1233(5), (6), (7), or (8), the subtotal sentence points are
1234multiplied by 2.0. If the primary offense is a violation of s.
1235784.07(3) or s. 775.0875(1), or of the Law Enforcement
1236Protection Act under s. 775.0823(9) or (10), the subtotal
1237sentence points are multiplied by 1.5.
1238
1239Grand theft of a motor vehicle: If the primary offense is grand
1240theft of the third degree involving a motor vehicle and in the
1241offender's prior record, there are three or more grand thefts of
1242the third degree involving a motor vehicle, the subtotal
1243sentence points are multiplied by 1.5.
1244
1245Offense related to a criminal street gang: If the offender is
1246convicted of the primary offense and committed that offense for
1247the purpose of benefiting, promoting, or furthering the
1248interests of a criminal street gang as prohibited under s.
1249874.04, the subtotal sentence points are multiplied by 1.5.
1250
1251Domestic violence in the presence of a child: If the offender is
1252convicted of the primary offense and the primary offense is a
1253crime of domestic violence, as defined in s. 741.28, which was
1254committed in the presence of a child under 16 years of age who
1255is a family household member as defined in s. 741.28(2) with the
1256victim or perpetrator, the subtotal sentence points are
1257multiplied by 1.5.
1258     Section 18.  For the purpose of incorporating the amendment
1259to section 893.135, Florida Statutes, in a reference thereto,
1260subsection (2) of section 921.142, Florida Statutes, is
1261reenacted to read:
1262     921.142  Sentence of death or life imprisonment for capital
1263drug trafficking felonies; further proceedings to determine
1264sentence.--
1265     (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1266conviction or adjudication of guilt of a defendant of a capital
1267felony under s. 893.135, the court shall conduct a separate
1268sentencing proceeding to determine whether the defendant should
1269be sentenced to death or life imprisonment as authorized by s.
1270775.082. The proceeding shall be conducted by the trial judge
1271before the trial jury as soon as practicable. If, through
1272impossibility or inability, the trial jury is unable to
1273reconvene for a hearing on the issue of penalty, having
1274determined the guilt of the accused, the trial judge may summon
1275a special juror or jurors as provided in chapter 913 to
1276determine the issue of the imposition of the penalty. If the
1277trial jury has been waived, or if the defendant pleaded guilty,
1278the sentencing proceeding shall be conducted before a jury
1279impaneled for that purpose, unless waived by the defendant. In
1280the proceeding, evidence may be presented as to any matter that
1281the court deems relevant to the nature of the crime and the
1282character of the defendant and shall include matters relating to
1283any of the aggravating or mitigating circumstances enumerated in
1284subsections (6) and (7). Any such evidence which the court deems
1285to have probative value may be received, regardless of its
1286admissibility under the exclusionary rules of evidence, provided
1287the defendant is accorded a fair opportunity to rebut any
1288hearsay statements. However, this subsection shall not be
1289construed to authorize the introduction of any evidence secured
1290in violation of the Constitution of the United States or the
1291Constitution of the State of Florida. The state and the
1292defendant or the defendant's counsel shall be permitted to
1293present argument for or against sentence of death.
1294     Section 19.  For the purpose of incorporating the amendment
1295to section 893.13, Florida Statutes, in references thereto,
1296subsection (1) of section 921.187, Florida Statutes, is
1297reenacted to read:
1298     921.187  Disposition and sentencing; alternatives;
1299restitution.--
1300     (1)  The alternatives provided in this section for the
1301disposition of criminal cases shall be used in a manner that
1302will best serve the needs of society, punish criminal offenders,
1303and provide the opportunity for rehabilitation.
1304     (a)  If the offender does not receive a state prison
1305sentence, the court may:
1306     1.  Impose a split sentence whereby the offender is to be
1307placed on probation upon completion of any specified period of
1308such sentence, which period may include a term of years or less.
1309     2.  Make any other disposition that is authorized by law.
1310     3.  Place the offender on probation with or without an
1311adjudication of guilt pursuant to s. 948.01.
1312     4.  Impose a fine and probation pursuant to s. 948.011 when
1313the offense is punishable by both a fine and imprisonment and
1314probation is authorized.
1315     5.  Place the offender into community control requiring
1316intensive supervision and surveillance pursuant to chapter 948.
1317     6.  Impose, as a condition of probation or community
1318control, a period of treatment which shall be restricted to a
1319county facility, a Department of Corrections probation and
1320restitution center, a probation program drug punishment
1321treatment community, or a community residential or
1322nonresidential facility, excluding a community correctional
1323center as defined in s. 944.026, which is owned and operated by
1324any qualified public or private entity providing such services.
1325Before admission to such a facility, the court shall obtain an
1326individual assessment and recommendations on the appropriate
1327treatment needs, which shall be considered by the court in
1328ordering such placements. Placement in such a facility, except
1329for a county residential probation facility, may not exceed 364
1330days. Placement in a county residential probation facility may
1331not exceed 3 years. Early termination of placement may be
1332recommended to the court, when appropriate, by the center
1333supervisor, the supervising probation officer, or the probation
1334program manager.
1335     7.  Sentence the offender pursuant to s. 922.051 to
1336imprisonment in a county jail when a statute directs
1337imprisonment in a state prison, if the offender's cumulative
1338sentence, whether from the same circuit or from separate
1339circuits, is not more than 364 days.
1340     8.  Sentence the offender who is to be punished by
1341imprisonment in a county jail to a jail in another county if
1342there is no jail within the county suitable for such prisoner
1343pursuant to s. 950.01.
1344     9.  Require the offender to participate in a work-release
1345or educational or technical training program pursuant to s.
1346951.24 while serving a sentence in a county jail, if such a
1347program is available.
1348     10.  Require the offender to perform a specified public
1349service pursuant to s. 775.091.
1350     11.  Require the offender who violates chapter 893 or
1351violates any law while under the influence of a controlled
1352substance or alcohol to participate in a substance abuse
1353program.
1354     12.a.  Require the offender who violates any criminal
1355provision of chapter 893 to pay an additional assessment in an
1356amount up to the amount of any fine imposed, pursuant to ss.
1357938.21 and 938.23.
1358     b.  Require the offender who violates any provision of s.
1359893.13 to pay an additional assessment in an amount of $100,
1360pursuant to ss. 938.25 and 943.361.
1361     13.  Impose a split sentence whereby the offender is to be
1362placed in a county jail or county work camp upon the completion
1363of any specified term of community supervision.
1364     14.  Impose split probation whereby upon satisfactory
1365completion of half the term of probation, the Department of
1366Corrections may place the offender on administrative probation
1367pursuant to s. 948.01 for the remainder of the term of
1368supervision.
1369     15.  Require residence in a state probation and restitution
1370center or private drug treatment program for offenders on
1371community control or offenders who have violated conditions of
1372probation.
1373     16.  Impose any other sanction which is provided within the
1374community and approved as an intermediate sanction by the county
1375public safety coordinating council as described in s. 951.26.
1376     17.  Impose, as a condition of community control,
1377probation, or probation following incarceration, a requirement
1378that an offender who has not obtained a high school diploma or
1379high school equivalency diploma or who lacks basic or functional
1380literacy skills, upon acceptance by an adult education program,
1381make a good faith effort toward completion of such basic or
1382functional literacy skills or high school equivalency diploma,
1383as defined in s. 1003.435, in accordance with the assessed adult
1384general education needs of the individual offender.
1385     (b)1.  Notwithstanding any provision of former s. 921.001
1386or s. 921.002 to the contrary, on or after October 1, 1993, the
1387court may require any defendant who violates s. 893.13(1)(a)1.,
1388(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1389described in s. 893.13(10), to successfully complete a term of
1390probation pursuant to the terms and conditions set forth in s.
1391948.034(1), in lieu of serving a term of imprisonment.
1392     2.  Notwithstanding any provision of former s. 921.001 or
1393s. 921.002 to the contrary, on or after October 1, 1993, the
1394court may require any defendant who violates s. 893.13(1)(a)2.,
1395(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1396s. 893.13(11), to successfully complete a term of probation
1397pursuant to the terms and conditions set forth in s. 948.034(2),
1398in lieu of serving a term of imprisonment.
1399     Section 20.  For the purpose of incorporating the amendment
1400to section 893.13, Florida Statutes, in a reference thereto,
1401section 938.25, Florida Statutes, is reenacted to read:
1402     938.25  Operating Trust Fund of the Department of Law
1403Enforcement.--Notwithstanding any provision to the contrary of
1404the laws of this state, the court may assess any defendant who
1405pleads guilty or nolo contendere to, or is convicted of, a
1406violation of any provision of s. 893.13, without regard to
1407whether adjudication was withheld, in addition to any fine and
1408other penalty provided or authorized by law, an amount of $100,
1409to be paid to the clerk of the court, who shall forward it to
1410the Department of Revenue for deposit in the Operating Trust
1411Fund of the Department of Law Enforcement to be used by the
1412statewide criminal analysis laboratory system for the purposes
1413specified in s. 943.361. The court is authorized to order a
1414defendant to pay an additional assessment if it finds that the
1415defendant has the ability to pay the fine and the additional
1416assessment and will not be prevented thereby from being
1417rehabilitated or from making restitution.
1418     Section 21.  For the purpose of incorporating the amendment
1419to section 893.135, Florida Statutes, in references thereto,
1420section 943.0585, Florida Statutes, is reenacted to read:
1421     943.0585  Court-ordered expunction of criminal history
1422records.--The courts of this state have jurisdiction over their
1423own procedures, including the maintenance, expunction, and
1424correction of judicial records containing criminal history
1425information to the extent such procedures are not inconsistent
1426with the conditions, responsibilities, and duties established by
1427this section. Any court of competent jurisdiction may order a
1428criminal justice agency to expunge the criminal history record
1429of a minor or an adult who complies with the requirements of
1430this section. The court shall not order a criminal justice
1431agency to expunge a criminal history record until the person
1432seeking to expunge a criminal history record has applied for and
1433received a certificate of eligibility for expunction pursuant to
1434subsection (2). A criminal history record that relates to a
1435violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1436817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1437847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1438s. 907.041 may not be expunged, without regard to whether
1439adjudication was withheld, if the defendant was found guilty of
1440or pled guilty or nolo contendere to the offense, or if the
1441defendant, as a minor, was found to have committed, or pled
1442guilty or nolo contendere to committing, the offense as a
1443delinquent act. The court may only order expunction of a
1444criminal history record pertaining to one arrest or one incident
1445of alleged criminal activity, except as provided in this
1446section. The court may, at its sole discretion, order the
1447expunction of a criminal history record pertaining to more than
1448one arrest if the additional arrests directly relate to the
1449original arrest. If the court intends to order the expunction of
1450records pertaining to such additional arrests, such intent must
1451be specified in the order. A criminal justice agency may not
1452expunge any record pertaining to such additional arrests if the
1453order to expunge does not articulate the intention of the court
1454to expunge a record pertaining to more than one arrest. This
1455section does not prevent the court from ordering the expunction
1456of only a portion of a criminal history record pertaining to one
1457arrest or one incident of alleged criminal activity.
1458Notwithstanding any law to the contrary, a criminal justice
1459agency may comply with laws, court orders, and official requests
1460of other jurisdictions relating to expunction, correction, or
1461confidential handling of criminal history records or information
1462derived therefrom. This section does not confer any right to the
1463expunction of any criminal history record, and any request for
1464expunction of a criminal history record may be denied at the
1465sole discretion of the court.
1466     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1467petition to a court to expunge a criminal history record is
1468complete only when accompanied by:
1469     (a)  A certificate of eligibility for expunction issued by
1470the department pursuant to subsection (2).
1471     (b)  The petitioner's sworn statement attesting that the
1472petitioner:
1473     1.  Has never, prior to the date on which the petition is
1474filed, been adjudicated guilty of a criminal offense or
1475comparable ordinance violation or adjudicated delinquent for
1476committing a felony or a misdemeanor specified in s.
1477943.051(3)(b).
1478     2.  Has not been adjudicated guilty of, or adjudicated
1479delinquent for committing, any of the acts stemming from the
1480arrest or alleged criminal activity to which the petition
1481pertains.
1482     3.  Has never secured a prior sealing or expunction of a
1483criminal history record under this section, former s. 893.14,
1484former s. 901.33, or former s. 943.058, or from any jurisdiction
1485outside the state.
1486     4.  Is eligible for such an expunction to the best of his
1487or her knowledge or belief and does not have any other petition
1488to expunge or any petition to seal pending before any court.
1489
1490Any person who knowingly provides false information on such
1491sworn statement to the court commits a felony of the third
1492degree, punishable as provided in s. 775.082, s. 775.083, or s.
1493775.084.
1494     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1495petitioning the court to expunge a criminal history record, a
1496person seeking to expunge a criminal history record shall apply
1497to the department for a certificate of eligibility for
1498expunction. The department shall, by rule adopted pursuant to
1499chapter 120, establish procedures pertaining to the application
1500for and issuance of certificates of eligibility for expunction.
1501The department shall issue a certificate of eligibility for
1502expunction to a person who is the subject of a criminal history
1503record if that person:
1504     (a)  Has obtained, and submitted to the department, a
1505written, certified statement from the appropriate state attorney
1506or statewide prosecutor which indicates:
1507     1.  That an indictment, information, or other charging
1508document was not filed or issued in the case.
1509     2.  That an indictment, information, or other charging
1510document, if filed or issued in the case, was dismissed or nolle
1511prosequi by the state attorney or statewide prosecutor, or was
1512dismissed by a court of competent jurisdiction.
1513     3.  That the criminal history record does not relate to a
1514violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1515817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1516847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1517s. 907.041, where the defendant was found guilty of, or pled
1518guilty or nolo contendere to any such offense, or that the
1519defendant, as a minor, was found to have committed, or pled
1520guilty or nolo contendere to committing, such an offense as a
1521delinquent act, without regard to whether adjudication was
1522withheld.
1523     (b)  Remits a $75 processing fee to the department for
1524placement in the Department of Law Enforcement Operating Trust
1525Fund, unless such fee is waived by the executive director.
1526     (c)  Has submitted to the department a certified copy of
1527the disposition of the charge to which the petition to expunge
1528pertains.
1529     (d)  Has never, prior to the date on which the application
1530for a certificate of eligibility is filed, been adjudicated
1531guilty of a criminal offense or comparable ordinance violation
1532or adjudicated delinquent for committing a felony or a
1533misdemeanor specified in s. 943.051(3)(b).
1534     (e)  Has not been adjudicated guilty of, or adjudicated
1535delinquent for committing, any of the acts stemming from the
1536arrest or alleged criminal activity to which the petition to
1537expunge pertains.
1538     (f)  Has never secured a prior sealing or expunction of a
1539criminal history record under this section, former s. 893.14,
1540former s. 901.33, or former s. 943.058.
1541     (g)  Is no longer under court supervision applicable to the
1542disposition of the arrest or alleged criminal activity to which
1543the petition to expunge pertains.
1544     (h)  Is not required to wait a minimum of 10 years prior to
1545being eligible for an expunction of such records because all
1546charges related to the arrest or criminal activity to which the
1547petition to expunge pertains were dismissed prior to trial,
1548adjudication, or the withholding of adjudication. Otherwise,
1549such criminal history record must be sealed under this section,
1550former s. 893.14, former s. 901.33, or former s. 943.058 for at
1551least 10 years before such record is eligible for expunction.
1552     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1553     (a)  In judicial proceedings under this section, a copy of
1554the completed petition to expunge shall be served upon the
1555appropriate state attorney or the statewide prosecutor and upon
1556the arresting agency; however, it is not necessary to make any
1557agency other than the state a party. The appropriate state
1558attorney or the statewide prosecutor and the arresting agency
1559may respond to the court regarding the completed petition to
1560expunge.
1561     (b)  If relief is granted by the court, the clerk of the
1562court shall certify copies of the order to the appropriate state
1563attorney or the statewide prosecutor and the arresting agency.
1564The arresting agency is responsible for forwarding the order to
1565any other agency to which the arresting agency disseminated the
1566criminal history record information to which the order pertains.
1567The department shall forward the order to expunge to the Federal
1568Bureau of Investigation. The clerk of the court shall certify a
1569copy of the order to any other agency which the records of the
1570court reflect has received the criminal history record from the
1571court.
1572     (c)  For an order to expunge entered by a court prior to
1573July 1, 1992, the department shall notify the appropriate state
1574attorney or statewide prosecutor of an order to expunge which is
1575contrary to law because the person who is the subject of the
1576record has previously been convicted of a crime or comparable
1577ordinance violation or has had a prior criminal history record
1578sealed or expunged. Upon receipt of such notice, the appropriate
1579state attorney or statewide prosecutor shall take action, within
158060 days, to correct the record and petition the court to void
1581the order to expunge. The department shall seal the record until
1582such time as the order is voided by the court.
1583     (d)  On or after July 1, 1992, the department or any other
1584criminal justice agency is not required to act on an order to
1585expunge entered by a court when such order does not comply with
1586the requirements of this section. Upon receipt of such an order,
1587the department must notify the issuing court, the appropriate
1588state attorney or statewide prosecutor, the petitioner or the
1589petitioner's attorney, and the arresting agency of the reason
1590for noncompliance. The appropriate state attorney or statewide
1591prosecutor shall take action within 60 days to correct the
1592record and petition the court to void the order. No cause of
1593action, including contempt of court, shall arise against any
1594criminal justice agency for failure to comply with an order to
1595expunge when the petitioner for such order failed to obtain the
1596certificate of eligibility as required by this section or such
1597order does not otherwise comply with the requirements of this
1598section.
1599     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1600criminal history record of a minor or an adult which is ordered
1601expunged by a court of competent jurisdiction pursuant to this
1602section must be physically destroyed or obliterated by any
1603criminal justice agency having custody of such record; except
1604that any criminal history record in the custody of the
1605department must be retained in all cases. A criminal history
1606record ordered expunged that is retained by the department is
1607confidential and exempt from the provisions of s. 119.07(1) and
1608s. 24(a), Art. I of the State Constitution and not available to
1609any person or entity except upon order of a court of competent
1610jurisdiction. A criminal justice agency may retain a notation
1611indicating compliance with an order to expunge.
1612     (a)  The person who is the subject of a criminal history
1613record that is expunged under this section or under other
1614provisions of law, including former s. 893.14, former s. 901.33,
1615and former s. 943.058, may lawfully deny or fail to acknowledge
1616the arrests covered by the expunged record, except when the
1617subject of the record:
1618     1.  Is a candidate for employment with a criminal justice
1619agency;
1620     2.  Is a defendant in a criminal prosecution;
1621     3.  Concurrently or subsequently petitions for relief under
1622this section or s. 943.059;
1623     4.  Is a candidate for admission to The Florida Bar;
1624     5.  Is seeking to be employed or licensed by or to contract
1625with the Department of Children and Family Services or the
1626Department of Juvenile Justice or to be employed or used by such
1627contractor or licensee in a sensitive position having direct
1628contact with children, the developmentally disabled, the aged,
1629or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1630394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1631409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1632     6.  Is seeking to be employed or licensed by the Office of
1633Teacher Education, Certification, Staff Development, and
1634Professional Practices of the Department of Education, any
1635district school board, or any local governmental entity that
1636licenses child care facilities.
1637     (b)  Subject to the exceptions in paragraph (a), a person
1638who has been granted an expunction under this section, former s.
1639893.14, former s. 901.33, or former s. 943.058 may not be held
1640under any provision of law of this state to commit perjury or to
1641be otherwise liable for giving a false statement by reason of
1642such person's failure to recite or acknowledge an expunged
1643criminal history record.
1644     (c)  Information relating to the existence of an expunged
1645criminal history record which is provided in accordance with
1646paragraph (a) is confidential and exempt from the provisions of
1647s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1648except that the department shall disclose the existence of a
1649criminal history record ordered expunged to the entities set
1650forth in subparagraphs (a)1., 4., 5., and 6. for their
1651respective licensing and employment purposes, and to criminal
1652justice agencies for their respective criminal justice purposes.
1653It is unlawful for any employee of an entity set forth in
1654subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1655subparagraph (a)6. to disclose information relating to the
1656existence of an expunged criminal history record of a person
1657seeking employment or licensure with such entity or contractor,
1658except to the person to whom the criminal history record relates
1659or to persons having direct responsibility for employment or
1660licensure decisions. Any person who violates this paragraph
1661commits a misdemeanor of the first degree, punishable as
1662provided in s. 775.082 or s. 775.083.
1663     (5)  STATUTORY REFERENCES.--Any reference to any other
1664chapter, section, or subdivision of the Florida Statutes in this
1665section constitutes a general reference under the doctrine of
1666incorporation by reference.
1667     Section 22.  For the purpose of incorporating the amendment
1668to section 893.135, Florida Statutes, in references thereto,
1669Section 943.059, Florida Statutes, is reenacted to read:
1670     943.059  Court-ordered sealing of criminal history
1671records.--The courts of this state shall continue to have
1672jurisdiction over their own procedures, including the
1673maintenance, sealing, and correction of judicial records
1674containing criminal history information to the extent such
1675procedures are not inconsistent with the conditions,
1676responsibilities, and duties established by this section. Any
1677court of competent jurisdiction may order a criminal justice
1678agency to seal the criminal history record of a minor or an
1679adult who complies with the requirements of this section. The
1680court shall not order a criminal justice agency to seal a
1681criminal history record until the person seeking to seal a
1682criminal history record has applied for and received a
1683certificate of eligibility for sealing pursuant to subsection
1684(2). A criminal history record that relates to a violation of s.
1685787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
1686825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
1687847.0145, s. 893.135, or a violation enumerated in s. 907.041
1688may not be sealed, without regard to whether adjudication was
1689withheld, if the defendant was found guilty of or pled guilty or
1690nolo contendere to the offense, or if the defendant, as a minor,
1691was found to have committed or pled guilty or nolo contendere to
1692committing the offense as a delinquent act. The court may only
1693order sealing of a criminal history record pertaining to one
1694arrest or one incident of alleged criminal activity, except as
1695provided in this section. The court may, at its sole discretion,
1696order the sealing of a criminal history record pertaining to
1697more than one arrest if the additional arrests directly relate
1698to the original arrest. If the court intends to order the
1699sealing of records pertaining to such additional arrests, such
1700intent must be specified in the order. A criminal justice agency
1701may not seal any record pertaining to such additional arrests if
1702the order to seal does not articulate the intention of the court
1703to seal records pertaining to more than one arrest. This section
1704does not prevent the court from ordering the sealing of only a
1705portion of a criminal history record pertaining to one arrest or
1706one incident of alleged criminal activity. Notwithstanding any
1707law to the contrary, a criminal justice agency may comply with
1708laws, court orders, and official requests of other jurisdictions
1709relating to sealing, correction, or confidential handling of
1710criminal history records or information derived therefrom. This
1711section does not confer any right to the sealing of any criminal
1712history record, and any request for sealing a criminal history
1713record may be denied at the sole discretion of the court.
1714     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1715petition to a court to seal a criminal history record is
1716complete only when accompanied by:
1717     (a)  A certificate of eligibility for sealing issued by the
1718department pursuant to subsection (2).
1719     (b)  The petitioner's sworn statement attesting that the
1720petitioner:
1721     1.  Has never, prior to the date on which the petition is
1722filed, been adjudicated guilty of a criminal offense or
1723comparable ordinance violation or adjudicated delinquent for
1724committing a felony or a misdemeanor specified in s.
1725943.051(3)(b).
1726     2.  Has not been adjudicated guilty of or adjudicated
1727delinquent for committing any of the acts stemming from the
1728arrest or alleged criminal activity to which the petition to
1729seal pertains.
1730     3.  Has never secured a prior sealing or expunction of a
1731criminal history record under this section, former s. 893.14,
1732former s. 901.33, former s. 943.058, or from any jurisdiction
1733outside the state.
1734     4.  Is eligible for such a sealing to the best of his or
1735her knowledge or belief and does not have any other petition to
1736seal or any petition to expunge pending before any court.
1737
1738Any person who knowingly provides false information on such
1739sworn statement to the court commits a felony of the third
1740degree, punishable as provided in s. 775.082, s. 775.083, or s.
1741775.084.
1742     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1743petitioning the court to seal a criminal history record, a
1744person seeking to seal a criminal history record shall apply to
1745the department for a certificate of eligibility for sealing. The
1746department shall, by rule adopted pursuant to chapter 120,
1747establish procedures pertaining to the application for and
1748issuance of certificates of eligibility for sealing. The
1749department shall issue a certificate of eligibility for sealing
1750to a person who is the subject of a criminal history record
1751provided that such person:
1752     (a)  Has submitted to the department a certified copy of
1753the disposition of the charge to which the petition to seal
1754pertains.
1755     (b)  Remits a $75 processing fee to the department for
1756placement in the Department of Law Enforcement Operating Trust
1757Fund, unless such fee is waived by the executive director.
1758     (c)  Has never, prior to the date on which the application
1759for a certificate of eligibility is filed, been adjudicated
1760guilty of a criminal offense or comparable ordinance violation
1761or adjudicated delinquent for committing a felony or a
1762misdemeanor specified in s. 943.051(3)(b).
1763     (d)  Has not been adjudicated guilty of or adjudicated
1764delinquent for committing any of the acts stemming from the
1765arrest or alleged criminal activity to which the petition to
1766seal pertains.
1767     (e)  Has never secured a prior sealing or expunction of a
1768criminal history record under this section, former s. 893.14,
1769former s. 901.33, or former s. 943.058.
1770     (f)  Is no longer under court supervision applicable to the
1771disposition of the arrest or alleged criminal activity to which
1772the petition to seal pertains.
1773     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1774     (a)  In judicial proceedings under this section, a copy of
1775the completed petition to seal shall be served upon the
1776appropriate state attorney or the statewide prosecutor and upon
1777the arresting agency; however, it is not necessary to make any
1778agency other than the state a party. The appropriate state
1779attorney or the statewide prosecutor and the arresting agency
1780may respond to the court regarding the completed petition to
1781seal.
1782     (b)  If relief is granted by the court, the clerk of the
1783court shall certify copies of the order to the appropriate state
1784attorney or the statewide prosecutor and to the arresting
1785agency. The arresting agency is responsible for forwarding the
1786order to any other agency to which the arresting agency
1787disseminated the criminal history record information to which
1788the order pertains. The department shall forward the order to
1789seal to the Federal Bureau of Investigation. The clerk of the
1790court shall certify a copy of the order to any other agency
1791which the records of the court reflect has received the criminal
1792history record from the court.
1793     (c)  For an order to seal entered by a court prior to July
17941, 1992, the department shall notify the appropriate state
1795attorney or statewide prosecutor of any order to seal which is
1796contrary to law because the person who is the subject of the
1797record has previously been convicted of a crime or comparable
1798ordinance violation or has had a prior criminal history record
1799sealed or expunged. Upon receipt of such notice, the appropriate
1800state attorney or statewide prosecutor shall take action, within
180160 days, to correct the record and petition the court to void
1802the order to seal. The department shall seal the record until
1803such time as the order is voided by the court.
1804     (d)  On or after July 1, 1992, the department or any other
1805criminal justice agency is not required to act on an order to
1806seal entered by a court when such order does not comply with the
1807requirements of this section. Upon receipt of such an order, the
1808department must notify the issuing court, the appropriate state
1809attorney or statewide prosecutor, the petitioner or the
1810petitioner's attorney, and the arresting agency of the reason
1811for noncompliance. The appropriate state attorney or statewide
1812prosecutor shall take action within 60 days to correct the
1813record and petition the court to void the order. No cause of
1814action, including contempt of court, shall arise against any
1815criminal justice agency for failure to comply with an order to
1816seal when the petitioner for such order failed to obtain the
1817certificate of eligibility as required by this section or when
1818such order does not comply with the requirements of this
1819section.
1820     (e)  An order sealing a criminal history record pursuant to
1821this section does not require that such record be surrendered to
1822the court, and such record shall continue to be maintained by
1823the department and other criminal justice agencies.
1824     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1825history record of a minor or an adult which is ordered sealed by
1826a court of competent jurisdiction pursuant to this section is
1827confidential and exempt from the provisions of s. 119.07(1) and
1828s. 24(a), Art. I of the State Constitution and is available only
1829to the person who is the subject of the record, to the subject's
1830attorney, to criminal justice agencies for their respective
1831criminal justice purposes, or to those entities set forth in
1832subparagraphs (a)1., 4., 5., and 6. for their respective
1833licensing and employment purposes.
1834     (a)  The subject of a criminal history record sealed under
1835this section or under other provisions of law, including former
1836s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1837deny or fail to acknowledge the arrests covered by the sealed
1838record, except when the subject of the record:
1839     1.  Is a candidate for employment with a criminal justice
1840agency;
1841     2.  Is a defendant in a criminal prosecution;
1842     3.  Concurrently or subsequently petitions for relief under
1843this section or s. 943.0585;
1844     4.  Is a candidate for admission to The Florida Bar;
1845     5.  Is seeking to be employed or licensed by or to contract
1846with the Department of Children and Family Services or the
1847Department of Juvenile Justice or to be employed or used by such
1848contractor or licensee in a sensitive position having direct
1849contact with children, the developmentally disabled, the aged,
1850or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1851394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1852409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
1853400; or
1854     6.  Is seeking to be employed or licensed by the Office of
1855Teacher Education, Certification, Staff Development, and
1856Professional Practices of the Department of Education, any
1857district school board, or any local governmental entity which
1858licenses child care facilities.
1859     (b)  Subject to the exceptions in paragraph (a), a person
1860who has been granted a sealing under this section, former s.
1861893.14, former s. 901.33, or former s. 943.058 may not be held
1862under any provision of law of this state to commit perjury or to
1863be otherwise liable for giving a false statement by reason of
1864such person's failure to recite or acknowledge a sealed criminal
1865history record.
1866     (c)  Information relating to the existence of a sealed
1867criminal record provided in accordance with the provisions of
1868paragraph (a) is confidential and exempt from the provisions of
1869s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1870except that the department shall disclose the sealed criminal
1871history record to the entities set forth in subparagraphs (a)1.,
18724., 5., and 6. for their respective licensing and employment
1873purposes. It is unlawful for any employee of an entity set forth
1874in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1875or subparagraph (a)6. to disclose information relating to the
1876existence of a sealed criminal history record of a person
1877seeking employment or licensure with such entity or contractor,
1878except to the person to whom the criminal history record relates
1879or to persons having direct responsibility for employment or
1880licensure decisions. Any person who violates the provisions of
1881this paragraph commits a misdemeanor of the first degree,
1882punishable as provided in s. 775.082 or s. 775.083.
1883     (5)  STATUTORY REFERENCES.--Any reference to any other
1884chapter, section, or subdivision of the Florida Statutes in this
1885section constitutes a general reference under the doctrine of
1886incorporation by reference.
1887     Section 23.  For the purpose of incorporating the amendment
1888to section 893.13, Florida Statutes, in references thereto,
1889subsections (1) and (2) of section 948.034, Florida Statutes,
1890are reenacted to read:
1891     948.034  Terms and conditions of probation; community
1892residential drug punishment centers.--
1893     (1)  On or after October 1, 1993, any person who violates
1894s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1895in the discretion of the trial court, be required to
1896successfully complete a term of probation in lieu of serving a
1897term of imprisonment as required or authorized by s. 775.084,
1898former s. 921.001, or s. 921.002, as follows:
1899     (a)  If the person has not previously been convicted of
1900violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1901(5)(a), adjudication may be withheld and the offender may be
1902placed on probation for not less than 18 months, as a condition
1903of which the court shall require the offender to reside at a
1904community residential drug punishment center for 90 days. The
1905offender must comply with all rules and regulations of the
1906center and must pay a fee for the costs of room and board and
1907residential supervision. Placement of an offender into a
1908community residential drug punishment center is subject to
1909budgetary considerations and availability of bed space. If the
1910court requires the offender to reside at a community residential
1911drug punishment center, the court shall also require the
1912offender to comply with one or more of the other following terms
1913and conditions:
1914     1.  Pay a fine of not less than $500 nor more than $10,000
1915pursuant to s. 775.083(1)(c).
1916     2.  Enter, regularly attend, and successfully complete a
1917substance abuse education program of at least 40 hours or a
1918prescribed substance abuse treatment program provided by a
1919treatment resource licensed pursuant to chapter 397 or by a
1920hospital licensed pursuant to chapter 395, as specified by the
1921court. In addition, the court may refer the offender to a
1922licensed agency for substance abuse evaluation and, if
1923appropriate, substance abuse treatment subject to the ability of
1924the offender to pay for such evaluation and treatment. If such
1925referral is made, the offender must comply and must pay for the
1926reasonable cost of the evaluation and treatment.
1927     3.  Perform at least 100 hours of public service.
1928     4.  Submit to routine and random drug testing which may be
1929conducted during the probationary period, with the reasonable
1930costs thereof borne by the offender.
1931     5.  Participate, at his or her own expense, in an
1932appropriate self-help group, such as Narcotics Anonymous,
1933Alcoholics Anonymous, or Cocaine Anonymous, if available.
1934     (b)  If the person has been previously convicted of one
1935felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1936(2)(a)1., or (5)(a), adjudication may not be withheld and the
1937offender may be placed on probation for not less than 24 months,
1938as a condition of which the court shall require the offender to
1939reside at a community residential drug punishment center for 180
1940days. The offender must comply with all rules and regulations of
1941the center and must pay a fee for the costs of room and board
1942and residential supervision. Placement of an offender into a
1943community residential drug punishment center is subject to
1944budgetary considerations and availability of bed space. If the
1945court requires the offender to reside at a community residential
1946drug punishment center, the court shall also require the
1947offender to comply with one or more of the other following terms
1948and conditions:
1949     1.  Pay a fine of not less than $1,000 nor more than
1950$10,000 pursuant to s. 775.083(1)(c).
1951     2.  Enter, regularly attend, and successfully complete a
1952substance abuse education program of at least 40 hours or a
1953prescribed substance abuse treatment program provided by a
1954treatment resource licensed pursuant to chapter 397 or by a
1955hospital licensed pursuant to chapter 395, as specified by the
1956court. In addition, the court may refer the offender to a
1957licensed agency for substance abuse evaluation and, if
1958appropriate, substance abuse treatment subject to the ability of
1959the offender to pay for such evaluation and treatment. If such
1960referral is made, the offender must comply and must pay for the
1961reasonable cost of the evaluation and treatment.
1962     3.  Perform at least 200 hours of public service.
1963     4.  Submit to routine and random drug testing which may be
1964conducted during the probationary period, with the reasonable
1965costs thereof borne by the offender.
1966     5.  Participate, at his or her own expense, in an
1967appropriate self-help group, such as Narcotics Anonymous,
1968Alcoholics Anonymous, or Cocaine Anonymous, if available.
1969     (c)  If the person has been previously convicted of two
1970felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1971may not be withheld and the offender may be placed on probation
1972for not less than 36 months, as a condition of which the court
1973shall require the offender to reside at a community residential
1974drug punishment center for 360 days. The offender must comply
1975with all rules and regulations of the center and must pay a fee
1976for the costs of room and board and residential supervision.
1977Placement of an offender into a community residential drug
1978punishment center is subject to budgetary considerations and
1979availability of bed space. If the court requires the offender to
1980reside at a community residential drug punishment center, the
1981court shall also require the offender to comply with one or more
1982of the other following terms and conditions:
1983     1.  Pay a fine of not less than $1,500 nor more than
1984$10,000 pursuant to s. 775.083(1)(c).
1985     2.  Enter, regularly attend, and successfully complete a
1986substance abuse education program of at least 40 hours or a
1987prescribed substance abuse treatment program provided by a
1988treatment resource licensed pursuant to chapter 397 or by a
1989hospital licensed pursuant to chapter 395, as specified by the
1990court. In addition, the court may refer the offender to a
1991licensed agency for substance abuse evaluation and, if
1992appropriate, substance abuse treatment subject to the ability of
1993the offender to pay for such evaluation and treatment. If such
1994referral is made, the offender must comply and must pay for the
1995reasonable cost of the evaluation and treatment.
1996     3.  Perform at least 300 hours of public service.
1997     4.  Submit to routine and random drug testing which may be
1998conducted during the probationary period, with the reasonable
1999costs thereof borne by the offender.
2000     5.  Participate, at his or her own expense, in an
2001appropriate self-help group, such as Narcotics Anonymous,
2002Alcoholics Anonymous, or Cocaine Anonymous, if available.
2003     (d)  An offender who violates probation imposed pursuant to
2004this section shall be sentenced in accordance with s. 921.002.
2005     (2)  On or after October 1, 1993, any person who violates
2006s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
2007discretion of the trial court, be required to successfully
2008complete a term of probation in lieu of serving a term of
2009imprisonment as required or authorized by s. 775.084, former s.
2010921.001, or s. 921.002, as follows:
2011     (a)  If the person has not previously been convicted of
2012violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
2013adjudication may be withheld and the offender shall be placed on
2014probation for not less than 12 months, as a condition of which
2015the court may require the offender to comply with one or more of
2016the following terms and conditions:
2017     1.  Pay a fine of not less than $250 nor more than $5,000
2018pursuant to s. 775.083(1)(c).
2019     2.  Enter, regularly attend, and successfully complete a
2020substance abuse education program of at least 40 hours or a
2021prescribed substance abuse treatment program provided by a
2022treatment resource licensed pursuant to chapter 397 or by a
2023hospital licensed pursuant to chapter 395, as specified by the
2024court. In addition, the court may refer the offender to a
2025licensed agency for substance abuse evaluation and, if
2026appropriate, substance abuse treatment subject to the ability of
2027the offender to pay for such evaluation and treatment. If such
2028referral is made, the offender must comply and must pay for the
2029reasonable cost of the evaluation and treatment.
2030     3.  Perform at least 50 hours of public service.
2031     4.  Submit to routine and random drug testing which may be
2032conducted during the probationary period, with the reasonable
2033costs thereof borne by the offender.
2034     5.  Participate, at his or her own expense, in an
2035appropriate self-help group, such as Narcotics Anonymous,
2036Alcoholics Anonymous, or Cocaine Anonymous, if available.
2037     (b)  If the person has been previously convicted of one
2038felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
2039(6)(a), adjudication may not be withheld and the offender may be
2040placed on probation for not less than 18 months, as a condition
2041of which the court shall require the offender to reside at a
2042community residential drug punishment center for 90 days. The
2043offender must comply with all rules and regulations of the
2044center and must pay a fee for the costs of room and board and
2045residential supervision. Placement of an offender into a
2046community residential drug punishment center is subject to
2047budgetary considerations and availability of bed space. If the
2048court requires the offender to reside at a community residential
2049drug punishment center, the court shall also require the
2050offender to comply with one or more of the other following terms
2051and conditions:
2052     1.  Pay a fine of not less than $500 nor more than $5,000
2053pursuant to s. 775.083(1)(c).
2054     2.  Enter, regularly attend, and successfully complete a
2055substance abuse intervention program of a least 80 hours
2056provided by a treatment resource licensed pursuant to chapter
2057397 or by a hospital licensed pursuant to chapter 395, as
2058specified by the court. In addition, the court may refer the
2059offender to a licensed agency for substance abuse evaluation
2060and, if appropriate, substance abuse treatment subject to the
2061ability of the offender to pay for such evaluation and
2062treatment. If such referral is made, the offender must comply
2063and must pay for the reasonable cost of the evaluation and
2064treatment.
2065     3.  Perform at least 100 hours of public service.
2066     4.  Submit to routine and random drug testing which may be
2067conducted during the probationary period, with the reasonable
2068costs thereof borne by the offender.
2069     5.  Participate, at his or her own expense, in an
2070appropriate self-help group, such as Narcotics Anonymous,
2071Alcoholics Anonymous, or Cocaine Anonymous, if available.
2072     (c)  If the person has been previously convicted of two
2073felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2074adjudication may not be withheld and the offender may be placed
2075on probation for not less than 24 months, as a condition of
2076which the court shall require the offender to reside at a
2077community residential drug punishment center for 120 days. The
2078offender must comply with all rules and regulations of the
2079center and must pay a fee for the costs of room and board and
2080residential supervision. Placement of an offender into a
2081community residential drug punishment center is subject to
2082budgetary considerations and availability of bed space. If the
2083court requires the offender to reside at a community residential
2084drug punishment center, the court shall also require the
2085offender to comply with one or more of the other following terms
2086and conditions:
2087     1.  Pay a fine of not less than $1,000 nor more than $5,000
2088pursuant to s. 775.083(1)(c).
2089     2.  Enter, regularly attend, and successfully complete a
2090prescribed substance abuse treatment program provided by a
2091treatment resource licensed pursuant to chapter 397 or by a
2092hospital licensed pursuant to chapter 395, as specified by the
2093court. In addition, the court may refer the offender to a
2094licensed agency for substance abuse evaluation and, if
2095appropriate, substance abuse treatment subject to the ability of
2096the offender to pay for such evaluation and treatment. If such
2097referral is made, the offender must comply and must pay for the
2098reasonable cost of the evaluation and treatment.
2099     3.  Perform at least 150 hours of public service.
2100     4.  Submit to routine and random drug testing which may be
2101conducted during the probationary period, with the reasonable
2102costs thereof borne by the offender.
2103     5.  Participate, at his or her own expense, in an
2104appropriate self-help group, such as Narcotics Anonymous,
2105Alcoholics Anonymous, or Cocaine Anonymous, if available.
2106     (d)  If the person has been previously convicted of three
2107felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2108adjudication may not be withheld and the offender may be placed
2109on probation for not less than 30 months, as a condition of
2110which the court shall require the offender to reside at a
2111community residential drug punishment center for 200 days. The
2112offender must comply with all rules and regulations of the
2113center and must pay a fee for the costs of room and board and
2114residential supervision. Placement of an offender into a
2115community residential drug punishment center is subject to
2116budgetary considerations and availability of bed space. If the
2117court requires the offender to reside at a community residential
2118drug punishment center, the court shall also require the
2119offender to comply with one or more of the other following terms
2120and conditions:
2121     1.  Pay a fine of not less than $1,500 nor more than $5,000
2122pursuant to s. 775.083(1)(c).
2123     2.  Enter, regularly attend, and successfully complete a
2124prescribed substance abuse treatment program provided by a
2125treatment resource licensed pursuant to chapter 397 or by a
2126hospital licensed pursuant to chapter 395, as specified by the
2127court. In addition, the court may refer the offender to a
2128licensed agency for substance abuse evaluation and, if
2129appropriate, substance abuse treatment subject to the ability of
2130the offender to pay for such evaluation and treatment. If such
2131referral is made, the offender must comply and must pay for the
2132reasonable cost of the evaluation and treatment.
2133     3.  Perform at least 200 hours of public service.
2134     4.  Submit to routine and random drug testing which may be
2135conducted during the probationary period, with the reasonable
2136costs thereof borne by the offender.
2137     5.  Participate, at his or her own expense, in an
2138appropriate self-help group, such as Narcotics Anonymous,
2139Alcoholics Anonymous, or Cocaine Anonymous, if available.
2140     (e)  If the person has been previously convicted of four
2141felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
2142adjudication may not be withheld and the offender may be placed
2143on probation for not less than 36 months, as a condition of
2144which the court shall require the offender to reside at a
2145community residential drug punishment center for 360 days. The
2146offender must comply with all rules and regulations of the
2147center and must pay a fee for the costs of room and board and
2148residential supervision. Placement of an offender into a
2149community residential drug punishment center is subject to
2150budgetary considerations and availability of bed space. If the
2151court requires the offender to reside at a community residential
2152drug punishment center, the court shall also require the
2153offender to comply with one or more of the other following terms
2154and conditions:
2155     1.  Pay a fine of not less than $2,000 nor more than $5,000
2156pursuant to s. 775.083(1)(c).
2157     2.  Enter, regularly attend, and successfully complete a
2158prescribed substance abuse treatment program provided by a
2159treatment resource licensed pursuant to chapter 397 or by a
2160hospital licensed pursuant to chapter 395, as specified by the
2161court. In addition, the court may refer the offender to a
2162licensed agency for substance abuse evaluation and, if
2163appropriate, substance abuse treatment subject to the ability of
2164the offender to pay for such evaluation and treatment. If such
2165referral is made, the offender must comply and must pay for the
2166reasonable cost of the evaluation and treatment.
2167     3.  Perform at least 250 hours of public service.
2168     4.  Submit to routine and random drug testing which may be
2169conducted during the probationary period, with the reasonable
2170costs thereof borne by the offender.
2171     5.  Participate, at his or her own expense, in an
2172appropriate self-help group, such as Narcotics Anonymous,
2173Alcoholics Anonymous, or Cocaine Anonymous, if available.
2174     (f)  An offender who violates probation imposed pursuant to
2175this section shall be sentenced in accordance with s. 921.002.
2176     Section 24.  This act shall take effect July 1, 2004, and
2177shall apply to offenses committed on or after that date.


CODING: Words stricken are deletions; words underlined are additions.
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