August 13, 2020
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HB 1815CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to controlled substances; amending s.
8893.033, F.S.; revising the chemicals defined as "listed
9precursor chemicals" to include benzaldehyde, hydriodic
10acid, and nitroethane, and to remove anhydrous ammonia and
11benzyl chloride; revising the chemicals defined as "listed
12essential chemicals" to include anhydrous ammonia, benzyl
13chloride, hydrochloric gas, and iodine; amending s.
14893.13, F.S.; prohibiting a person from manufacturing
15methamphetamine or phencyclidine or from possessing listed
16chemicals with the intent to manufacture methamphetamine
17or phencyclidine; providing criminal penalties; providing
18for minimum terms of imprisonment in circumstances where a
19person commits or attempts to commit such crime in a
20structure or conveyance where a child is present and in
21circumstances where a child suffers great bodily harm;
22providing criminal penalties in circumstances where a
23person fails to store anhydrous ammonia as required;
24providing criminal penalties in circumstances involving a
25violation of ch. 893, F.S., which results in serious
26injury to a state, local, or federal law enforcement
27officer; increasing the criminal penalties if such
28violation results in death or great bodily harm to such
29officer; amending s. 893.135, F.S.; including offenses
30involving pseudoephedrine within the offense of
31trafficking in amphetamine; providing criminal penalties;
32providing that it is a capital offense to manufacture or
33import pseudoephedrine knowing that the probable result
34will be death; amending s. 893.149, F.S., relating to the
35prohibition against possessing listed chemicals; providing
36an exception to such prohibition for a person authorized
37to clean up or dispose of hazardous waste or toxic
38substances pursuant to ch. 893, F.S.; providing that
39damages arising out of the unlawful possession of, storage
40of, or tampering with a listed chemical is the sole
41responsibility of the person unlawfully possessing,
42storing, or tampering with the chemical; providing that
43the lawful owner, installer, maintainer, designer,
44manufacturer, possessor, or seller is immune from
45liability in the absence of negligent misconduct or
46failure to abide by laws governing possession or storage;
47reenacting s. 893.02(12), F.S., relating to the definition
48of the term "listed chemical," for the purpose of
49incorporating the amendment to s. 893.033, F.S., in a
50reference thereto; reenacting ss. 435.07(2), 921.187(1),
51938.25, and 948.034(1) and (2), F.S., relating to
52exemptions from disqualification for certain employment,
53disposition, and sentencing, the assessment of fees for
54purposes of funding the Operating Trust Fund of the
55Department of Law Enforcement, and the terms and
56conditions of probation, respectively, for the purpose of
57incorporating the amendment to s. 893.13, F.S., in
58references thereto; reenacting ss. 311.12(3)(c),
59414.095(1), 775.087(2)(a) and (3)(a), 782.04(1)(a),
60(3)(a), and (4)(a), 893.13(8)(d), 907.041(4)(c),
61921.0022(3)(g) and (i), 921.0024(1), 921.142(2), 943.0585,
62and 943.059, F.S., relating to seaport security standards,
63eligibility for temporary cash assistance, mandatory
64sentencing in circumstances involving the possession of
65use of a weapon, specified offenses that may be charged as
66murder if death results, prohibited acts by prescribing
67practitioners, circumstances in which the court may order
68pretrial detention, the offense severity ranking chart of
69the Criminal Punishment Code, worksheet computations and
70scoresheets under the Criminal Punishment Code, sentencing
71in capital drug trafficking cases, limitations on
72circumstances in which a criminal history record may be
73expunged, and limitations on circumstances in which a
74criminal history record may be sealed, respectively, for
75the purpose of incorporating the amendment to s. 895.135,
76F.S., in references thereto; reenacting ss. 397.451(4)(b)
77and (6), 772.12(2)(a), 893.1351(1), and 903.133, F.S.,
78relating to background checks of service provider
79personnel, the Drug Dealer Liability Act, the prohibition
80against leasing or renting for the purpose of trafficking
81in a controlled substance, and the limitation of admission
82to bail, respectively, for the purpose of incorporating
83the amendments to ss. 893.13 and 893.135, F.S., in
84references thereto; providing applicability; providing an
85effective date.
86
87Be It Enacted by the Legislature of the State of Florida:
88
89     Section 1.  Section 893.033, Florida Statutes, is amended
90to read:
91     893.033  Listed chemicals.--The chemicals listed in this
92section are included by whatever official, common, usual,
93chemical, or trade name designated.
94     (1)  PRECURSOR CHEMICALS.--The term "listed precursor
95chemical" means a chemical that may be used in manufacturing a
96controlled substance in violation of this chapter and is
97critical to the creation of the controlled substance, and such
98term includes any salt, optical isomer, or salt of an optical
99isomer, whenever the existence of such salt, optical isomer, or
100salt of optical isomer is possible within the specific chemical
101designation. The following are "listed precursor chemicals":
102     (a)  Anhydrous ammonia.
103     (a)(b)  Anthranilic acid.
104     (b)  Benzaldehyde.
105     (c)  Benzyl chloride.
106     (c)(d)  Benzyl cyanide.
107     (d)(e)  Chloroephedrine.
108     (e)(f)  Chloropseudoephedrine.
109     (f)(g)  Ephedrine.
110     (g)(h)  Ergonovine.
111     (h)(i)  Ergotamine.
112     (i)(j)  Ethylamine.
113     (j)  Hydriodic acid.
114     (k)  Isosafrole.
115     (l)  Methylamine.
116     (m)  3, 4-Methylenedioxyphenyl-2-propanone.
117     (n)  N-acetylanthranilic acid.
118     (o)  N-ethylephedrine.
119     (p)  N-ethylpseudoephedrine.
120     (q)  N-methylephedrine.
121     (r)  N-methylpseudoephedrine.
122     (s)  Nitroethane.
123     (t)(s)  Norpseudoephedrine.
124     (u)(t)  Phenylacetic acid.
125     (v)(u)  Phenylpropanolamine.
126     (w)(v)  Piperidine.
127     (x)(w)  Piperonal.
128     (y)(x)  Propionic anhydride.
129     (z)(y)  Pseudoephedrine.
130     (aa)(z)  Safrole.
131     (2)  ESSENTIAL CHEMICALS.--The term "listed essential
132chemical" means a chemical that may be used as a solvent,
133reagent, or catalyst in manufacturing a controlled substance in
134violation of this chapter. The following are "listed essential
135chemicals":
136     (a)  Acetic anhydride.
137     (b)  Acetone.
138     (c)  Anhydrous ammonia.
139     (d)  Benzyl chloride.
140     (e)(c)  2-Butanone.
141     (f)(d)  Ethyl ether.
142     (g)  Hydrochloric gas.
143     (h)(e)  Hydriodic acid.
144     (i)  Iodine.
145     (j)(f)  Potassium permanganate.
146     (k)(g)  Toluene.
147     Section 2.  Paragraph (g) is added to subsection (1) of
148section 893.13, Florida Statutes, paragraphs (a) and (c) of
149subsection (7) of said section are amended, subsection (12) is
150added to said section, and paragraph (d) of subsection (8) of
151said section is reenacted for purpose of incorporating the
152amendment to section 893.135, Florida Statutes, in a reference
153thereto, to read:
154     893.13  Prohibited acts; penalties.--
155     (1)
156     (g)  Except as authorized by this chapter, it is unlawful
157for any person to manufacture methamphetamine or phencyclidine,
158or possess any listed chemical as defined in s. 893.033 in
159violation of s. 893.149 and with intent to manufacture
160methamphetamine or phencyclidine. If any person violates this
161paragraph and:
162     1.  The commission or attempted commission of the crime
163occurs in a structure or conveyance where any child under 16
164years of age is present, the person commits a felony of the
165first degree, punishable as provided in s. 775.082, s. 775.083,
166or s. 775.084. In addition, the defendant must be sentenced to a
167minimum term of imprisonment of 5 calendar years.
168     2.  The commission of the crime causes any child under 16
169years of age to suffer great bodily harm, the person commits a
170felony of the first degree, punishable as provided in s.
171775.082, s. 775.083, or s. 775.084. In addition, the defendant
172must be sentenced to a minimum term of imprisonment of 10
173calendar years.
174     (7)(a)  It is unlawful for any person:
175     1.  To distribute or dispense a controlled substance in
176violation of this chapter.
177     2.  To refuse or fail to make, keep, or furnish any record,
178notification, order form, statement, invoice, or information
179required under this chapter.
180     3.  To refuse an entry into any premises for any inspection
181or to refuse to allow any inspection authorized by this chapter.
182     4.  To distribute a controlled substance named or described
183in s. 893.03(1) or (2) except pursuant to an order form as
184required by s. 893.06.
185     5.  To keep or maintain any store, shop, warehouse,
186dwelling, building, vehicle, boat, aircraft, or other structure
187or place which is resorted to by persons using controlled
188substances in violation of this chapter for the purpose of using
189these substances, or which is used for keeping or selling them
190in violation of this chapter.
191     6.  To use to his or her own personal advantage, or to
192reveal, any information obtained in enforcement of this chapter
193except in a prosecution or administrative hearing for a
194violation of this chapter.
195     7.  To possess a prescription form which has not been
196completed and signed by the practitioner whose name appears
197printed thereon, unless the person is that practitioner, is an
198agent or employee of that practitioner, is a pharmacist, or is a
199supplier of prescription forms who is authorized by that
200practitioner to possess those forms.
201     8.  To withhold information from a practitioner from whom
202the person seeks to obtain a controlled substance or a
203prescription for a controlled substance that the person making
204the request has received a controlled substance or a
205prescription for a controlled substance of like therapeutic use
206from another practitioner within the previous 30 days.
207     9.  To acquire or obtain, or attempt to acquire or obtain,
208possession of a controlled substance by misrepresentation,
209fraud, forgery, deception, or subterfuge.
210     10.  To affix any false or forged label to a package or
211receptacle containing a controlled substance.
212     11.  To furnish false or fraudulent material information
213in, or omit any material information from, any report or other
214document required to be kept or filed under this chapter or any
215record required to be kept by this chapter.
216     12.  To store anhydrous ammonia in a container that is not
217approved by the United States Department of Transportation to
218hold anhydrous ammonia or is not constructed in accordance with
219sound engineering, agricultural, or commercial practices.
220     (c)  Any person who violates the provisions of
221subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
222degree, punishable as provided in s. 775.082, s. 775.083, or s.
223775.084.
224     (8)
225     (d)  Notwithstanding paragraph (c), if a prescribing
226practitioner has violated paragraph (a) and received $1,000 or
227more in payment for writing one or more prescriptions or, in the
228case of a prescription written for a controlled substance
229described in s. 893.135, has written one or more prescriptions
230for a quantity of a controlled substance which, individually or
231in the aggregate, meets the threshold for the offense of
232trafficking in a controlled substance under s. 893.15, the
233violation is reclassified as a felony of the second degree and
234ranked in level 4 of the Criminal Punishment Code.
235     (12)  If a person violates any provision of this chapter
236and such violation results in a serious injury to a state,
237local, or federal law enforcement officer, the person commits a
238felony of the third degree, punishable as provided in s.
239775.082, s. 775.083, or s. 775.084. If the injury sustained
240results in death or great bodily harm, the person commits a
241felony of the second degree, punishable as provided in s.
242775.082, s. 775.083, or s. 775.084.
243     Section 3.  Paragraph (f) of subsection (1) of section
244893.135, Florida Statutes, is amended to read:
245     893.135  Trafficking; mandatory sentences; suspension or
246reduction of sentences; conspiracy to engage in trafficking.--
247     (1)  Except as authorized in this chapter or in chapter 499
248and notwithstanding the provisions of s. 893.13:
249     (f)1.  Any person who knowingly sells, purchases,
250manufactures, delivers, or brings into this state, or who is
251knowingly in actual or constructive possession of, 14 grams or
252more of amphetamine, as described in s. 893.03(2)(c)2., or
253methamphetamine, as described in s. 893.03(2)(c)4., or of any
254mixture containing amphetamine or methamphetamine, or
255phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
256in conjunction with other chemicals and equipment utilized in
257the manufacture of amphetamine or methamphetamine, commits a
258felony of the first degree, which felony shall be known as
259"trafficking in amphetamine," punishable as provided in s.
260775.082, s. 775.083, or s. 775.084. If the quantity involved:
261     a.  Is 14 grams or more, but less than 28 grams, such
262person shall be sentenced to a mandatory minimum term of
263imprisonment of 3 years, and the defendant shall be ordered to
264pay a fine of $50,000.
265     b.  Is 28 grams or more, but less than 200 grams, such
266person shall be sentenced to a mandatory minimum term of
267imprisonment of 7 years, and the defendant shall be ordered to
268pay a fine of $100,000.
269     c.  Is 200 grams or more, such person shall be sentenced to
270a mandatory minimum term of imprisonment of 15 calendar years
271and pay a fine of $250,000.
272     2.  Any person who knowingly manufactures or brings into
273this state 400 grams or more of amphetamine, as described in s.
274893.03(2)(c)2., or methamphetamine, as described in s.
275893.03(2)(c)4., or of any mixture containing amphetamine or
276methamphetamine, or phenylacetone, phenylacetic acid,
277pseudoephedrine, or ephedrine in conjunction with other
278chemicals and equipment used in the manufacture of amphetamine
279or methamphetamine, and who knows that the probable result of
280such manufacture or importation would be the death of any person
281commits capital manufacture or importation of amphetamine, a
282capital felony punishable as provided in ss. 775.082 and
283921.142. Any person sentenced for a capital felony under this
284paragraph shall also be sentenced to pay the maximum fine
285provided under subparagraph 1.
286     Section 4.  Section 893.149, Florida Statutes, is amended
287to read:
288     893.149  Unlawful possession of listed chemical.--
289     (1)  It is unlawful for any person to knowingly or
290intentionally:
291     (a)  Possess a listed chemical with the intent to
292unlawfully manufacture a controlled substance;
293     (b)  Possess or distribute a listed chemical knowing, or
294having reasonable cause to believe, that the listed chemical
295will be used to unlawfully manufacture a controlled substance.
296     (2)  Any person who violates this section commits is guilty
297of a felony of the second degree, punishable as provided in s.
298775.082, s. 775.083, or s. 775.084.
299     (3)  This section does not apply to a public employee or
300private contractor authorized to clean up or dispose of
301hazardous waste or toxic substances pursuant to the provisions
302of this chapter.
303     (4)  Any damages arising out of the unlawful possession of,
304storage of, or tampering with a listed chemical, as defined in
305s. 893.033, shall be the sole responsibility of the person or
306persons unlawfully possessing, storing, or tampering with the
307listed chemical. In no case shall liability for damages arising
308out of the unlawful possession of, storage of, or tampering with
309a listed chemical extend to the lawful owner, installer,
310maintainer, designer, manufacturer, possessor, or seller of the
311listed chemical, unless such damages arise out of the acts or
312omissions of the owner, installer, maintainer, designer,
313manufacturer, possessor, or seller which constitute negligent
314misconduct or failure to abide by the laws regarding the
315possession or storage of a listed chemical.
316     Section 5.  For the purpose of incorporating the amendment
317to section 893.135, Florida Statutes, in a reference thereto,
318paragraph (c) of subsection (3) of section 311.12, Florida
319Statutes, is reenacted to read:
320     311.12  Seaport security standards.--
321     (3)
322     (c)  In addition to other requirements for employment or
323access established by each seaport pursuant to its seaport
324security plan, each seaport security plan shall provide that:
325     1.  Any person who has within the past 7 years been
326convicted, regardless of whether adjudication was withheld, for
327a forcible felony as defined in s. 776.08; an act of terrorism
328as defined in s. 775.30; planting of a hoax bomb as provided in
329s. 790.165; any violation involving the manufacture, possession,
330sale, delivery, display, use, or attempted or threatened use of
331a weapon of mass destruction or hoax weapon of mass destruction
332as provided in s. 790.166; dealing in stolen property; any
333violation of s. 893.135; any violation involving the sale,
334manufacturing, delivery, or possession with intent to sell,
335manufacture, or deliver a controlled substance; burglary;
336robbery; any felony violation of s. 812.014; any violation of s.
337790.07; any crime an element of which includes use or possession
338of a firearm; any conviction for any similar offenses under the
339laws of another jurisdiction; or conviction for conspiracy to
340commit any of the listed offenses shall not be qualified for
341initial employment within or regular access to a seaport or
342restricted access area; and
343     2.  Any person who has at any time been convicted for any
344of the listed offenses shall not be qualified for initial
345employment within or authorized regular access to a seaport or
346restricted access area unless, after release from incarceration
347and any supervision imposed as a sentence, the person remained
348free from a subsequent conviction, regardless of whether
349adjudication was withheld, for any of the listed offenses for a
350period of at least 7 years prior to the employment or access
351date under consideration.
352     Section 6.  For the purpose of incorporating the amendments
353to sections 893.13 and 893.135, Florida Statutes, in references
354thereto, paragraph (b) of subsection (4) and subsection (6) of
355section 397.451, Florida Statutes, are reenacted to read:
356     397.451  Background checks of service provider personnel.--
357     (4)  EXEMPTIONS FROM DISQUALIFICATION.--
358     (b)  Since rehabilitated substance abuse impaired persons
359are effective in the successful treatment and rehabilitation of
360substance abuse impaired adolescents, for service providers
361which treat adolescents 13 years of age and older, service
362provider personnel whose background checks indicate crimes under
363s. 817.563, s. 893.13, or s. 893.147 may be exempted from
364disqualification from employment pursuant to this paragraph.
365     (6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
366funds may not be disseminated to any service provider owned or
367operated by an owner, director, or chief financial officer who
368has been convicted of, has entered a plea of guilty or nolo
369contendere to, or has had adjudication withheld for, a violation
370of s. 893.135 pertaining to trafficking in controlled
371substances, or a violation of the law of another state, the
372District of Columbia, the United States or any possession or
373territory thereof, or any foreign jurisdiction which is
374substantially similar in elements and penalties to a trafficking
375offense in this state, unless the owner's or director's civil
376rights have been restored.
377     Section 7.  For the purpose of incorporating the amendment
378to section 893.135, Florida Statutes, in a reference thereto,
379subsection (1) of section 414.095, Florida Statutes, is
380reenacted to read:
381     414.095  Determining eligibility for temporary cash
382assistance.--
383     (1)  ELIGIBILITY.--An applicant must meet eligibility
384requirements of this section before receiving services or
385temporary cash assistance under this chapter, except that an
386applicant shall be required to register for work and engage in
387work activities in accordance with s. 445.024, as designated by
388the regional workforce board, and may receive support services
389or child care assistance in conjunction with such requirement.
390The department shall make a determination of eligibility based
391on the criteria listed in this chapter. The department shall
392monitor continued eligibility for temporary cash assistance
393through periodic reviews consistent with the food stamp
394eligibility process. Benefits shall not be denied to an
395individual solely based on a felony drug conviction, unless the
396conviction is for trafficking pursuant to s. 893.135. To be
397eligible under this section, an individual convicted of a drug
398felony must be satisfactorily meeting the requirements of the
399temporary cash assistance program, including all substance abuse
400treatment requirements. Within the limits specified in this
401chapter, the state opts out of the provision of Pub. L. No. 104-
402193, s. 115, that eliminates eligibility for temporary cash
403assistance and food stamps for any individual convicted of a
404controlled substance felony.
405     Section 8.  For the purpose of incorporating the amendment
406to section 893.13, Florida Statutes, in a reference thereto,
407subsection (2) of section 435.07, Florida Statutes, is reenacted
408to read:
409     435.07  Exemptions from disqualification.--Unless otherwise
410provided by law, the provisions of this section shall apply to
411exemptions from disqualification.
412     (2)  Persons employed by treatment providers who treat
413adolescents 13 years of age and older who are disqualified from
414employment solely because of crimes under s. 817.563, s. 893.13,
415or s. 893.147 may be exempted from disqualification from
416employment pursuant to this section without the 3-year waiting
417period.
418     Section 9.  For the purpose of incorporating the amendments
419to sections 893.13 and 893.135, Florida Statutes, in references
420thereto, paragraph (a) of subsection (2) of section 772.12,
421Florida Statutes, is reenacted to read:
422     772.12  Drug Dealer Liability Act.--
423     (2)  A person, including any governmental entity, has a
424cause of action for threefold the actual damages sustained and
425is entitled to minimum damages in the amount of $1,000 and
426reasonable attorney's fees and court costs in the trial and
427appellate courts, if the person proves by the greater weight of
428the evidence that:
429     (a)  The person was injured because of the defendant's
430actions that resulted in the defendant's conviction for:
431     1.  A violation of s. 893.13, except for a violation of s.
432893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
433     2.  A violation of s. 893.135; and
434     Section 10.  For the purpose of incorporating the amendment
435to section 893.135, Florida Statutes, in references thereto,
436paragraph (a) of subsection (2) and paragraph (a) of subsection
437(3) of section 775.087, Florida Statutes, are reenacted to read:
438     775.087  Possession or use of weapon; aggravated battery;
439felony reclassification; minimum sentence.--
440     (2)(a)1.  Any person who is convicted of a felony or an
441attempt to commit a felony, regardless of whether the use of a
442weapon is an element of the felony, and the conviction was for:
443     a.  Murder;
444     b.  Sexual battery;
445     c.  Robbery;
446     d.  Burglary;
447     e.  Arson;
448     f.  Aggravated assault;
449     g.  Aggravated battery;
450     h.  Kidnapping;
451     i.  Escape;
452     j.  Aircraft piracy;
453     k.  Aggravated child abuse;
454     l.  Aggravated abuse of an elderly person or disabled
455adult;
456     m.  Unlawful throwing, placing, or discharging of a
457destructive device or bomb;
458     n.  Carjacking;
459     o.  Home-invasion robbery;
460     p.  Aggravated stalking;
461     q.  Trafficking in cannabis, trafficking in cocaine,
462capital importation of cocaine, trafficking in illegal drugs,
463capital importation of illegal drugs, trafficking in
464phencyclidine, capital importation of phencyclidine, trafficking
465in methaqualone, capital importation of methaqualone,
466trafficking in amphetamine, capital importation of amphetamine,
467trafficking in flunitrazepam, trafficking in gamma-
468hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
469trafficking in Phenethylamines, or other violation of s.
470893.135(1); or
471     r.  Possession of a firearm by a felon
472
473and during the commission of the offense, such person actually
474possessed a "firearm" or "destructive device" as those terms are
475defined in s. 790.001, shall be sentenced to a minimum term of
476imprisonment of 10 years, except that a person who is convicted
477for aggravated assault, possession of a firearm by a felon, or
478burglary of a conveyance shall be sentenced to a minimum term of
479imprisonment of 3 years if such person possessed a "firearm" or
480"destructive device" during the commission of the offense.
481     2.  Any person who is convicted of a felony or an attempt
482to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
483regardless of whether the use of a weapon is an element of the
484felony, and during the course of the commission of the felony
485such person discharged a "firearm" or "destructive device" as
486defined in s. 790.001 shall be sentenced to a minimum term of
487imprisonment of 20 years.
488     3.  Any person who is convicted of a felony or an attempt
489to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
490regardless of whether the use of a weapon is an element of the
491felony, and during the course of the commission of the felony
492such person discharged a "firearm" or "destructive device" as
493defined in s. 790.001 and, as the result of the discharge, death
494or great bodily harm was inflicted upon any person, the
495convicted person shall be sentenced to a minimum term of
496imprisonment of not less than 25 years and not more than a term
497of imprisonment of life in prison.
498     (3)(a)1.  Any person who is convicted of a felony or an
499attempt to commit a felony, regardless of whether the use of a
500firearm is an element of the felony, and the conviction was for:
501     a.  Murder;
502     b.  Sexual battery;
503     c.  Robbery;
504     d.  Burglary;
505     e.  Arson;
506     f.  Aggravated assault;
507     g.  Aggravated battery;
508     h.  Kidnapping;
509     i.  Escape;
510     j.  Sale, manufacture, delivery, or intent to sell,
511manufacture, or deliver any controlled substance;
512     k.  Aircraft piracy;
513     l.  Aggravated child abuse;
514     m.  Aggravated abuse of an elderly person or disabled
515adult;
516     n.  Unlawful throwing, placing, or discharging of a
517destructive device or bomb;
518     o.  Carjacking;
519     p.  Home-invasion robbery;
520     q.  Aggravated stalking; or
521     r.  Trafficking in cannabis, trafficking in cocaine,
522capital importation of cocaine, trafficking in illegal drugs,
523capital importation of illegal drugs, trafficking in
524phencyclidine, capital importation of phencyclidine, trafficking
525in methaqualone, capital importation of methaqualone,
526trafficking in amphetamine, capital importation of amphetamine,
527trafficking in flunitrazepam, trafficking in gamma-
528hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
529trafficking in Phenethylamines, or other violation of s.
530893.135(1);
531
532and during the commission of the offense, such person possessed
533a semiautomatic firearm and its high-capacity detachable box
534magazine or a machine gun as defined in s. 790.001, shall be
535sentenced to a minimum term of imprisonment of 15 years.
536     2.  Any person who is convicted of a felony or an attempt
537to commit a felony listed in subparagraph (a)1., regardless of
538whether the use of a weapon is an element of the felony, and
539during the course of the commission of the felony such person
540discharged a semiautomatic firearm and its high-capacity box
541magazine or a "machine gun" as defined in s. 790.001 shall be
542sentenced to a minimum term of imprisonment of 20 years.
543     3.  Any person who is convicted of a felony or an attempt
544to commit a felony listed in subparagraph (a)1., regardless of
545whether the use of a weapon is an element of the felony, and
546during the course of the commission of the felony such person
547discharged a semiautomatic firearm and its high-capacity box
548magazine or a "machine gun" as defined in s. 790.001 and, as the
549result of the discharge, death or great bodily harm was
550inflicted upon any person, the convicted person shall be
551sentenced to a minimum term of imprisonment of not less than 25
552years and not more than a term of imprisonment of life in
553prison.
554     Section 11.  For the purpose of incorporating the amendment
555to section 893.135, Florida Statutes, in references thereto,
556paragraph (a) of subsection (1), paragraph (a) of subsection
557(3), and paragraph (a) of subsection (4) of section 782.04,
558Florida Statutes, are reenacted to read:
559     782.04  Murder.--
560     (1)(a)  The unlawful killing of a human being:
561     1.  When perpetrated from a premeditated design to effect
562the death of the person killed or any human being;
563     2.  When committed by a person engaged in the perpetration
564of, or in the attempt to perpetrate, any:
565     a.  Trafficking offense prohibited by s. 893.135(1),
566     b.  Arson,
567     c.  Sexual battery,
568     d.  Robbery,
569     e.  Burglary,
570     f.  Kidnapping,
571     g.  Escape,
572     h.  Aggravated child abuse,
573     i.  Aggravated abuse of an elderly person or disabled
574adult,
575     j.  Aircraft piracy,
576     k.  Unlawful throwing, placing, or discharging of a
577destructive device or bomb,
578     l.  Carjacking,
579     m.  Home-invasion robbery,
580     n.  Aggravated stalking,
581     o.  Murder of another human being,
582     p.  Resisting an officer with violence to his or her
583person,
584     q.  Felony that is an act of terrorism or is in furtherance
585of an act of terrorism; or
586     3.  Which resulted from the unlawful distribution of any
587substance controlled under s. 893.03(1), cocaine as described in
588s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
589compound, derivative, or preparation of opium by a person 18
590years of age or older, when such drug is proven to be the
591proximate cause of the death of the user,
592
593is murder in the first degree and constitutes a capital felony,
594punishable as provided in s. 775.082.
595     (3)  When a person is killed in the perpetration of, or in
596the attempt to perpetrate, any:
597     (a)  Trafficking offense prohibited by s. 893.135(1),
598
599by a person other than the person engaged in the perpetration of
600or in the attempt to perpetrate such felony, the person
601perpetrating or attempting to perpetrate such felony is guilty
602of murder in the second degree, which constitutes a felony of
603the first degree, punishable by imprisonment for a term of years
604not exceeding life or as provided in s. 775.082, s. 775.083, or
605s. 775.084.
606     (4)  The unlawful killing of a human being, when
607perpetrated without any design to effect death, by a person
608engaged in the perpetration of, or in the attempt to perpetrate,
609any felony other than any:
610     (a)  Trafficking offense prohibited by s. 893.135(1),
611
612is murder in the third degree and constitutes a felony of the
613second degree, punishable as provided in s. 775.082, s. 775.083,
614or s. 775.084.
615     Section 12.  For the purpose of incorporating the amendment
616to section 893.033, Florida Statutes, in a reference thereto,
617subsection (12) of section 893.02, Florida Statutes, is
618reenacted to read:
619     893.02  Definitions.--The following words and phrases as
620used in this chapter shall have the following meanings, unless
621the context otherwise requires:
622     (12)  "Listed chemical" means any precursor chemical or
623essential chemical named or described in s. 893.033.
624     Section 13.  For the purpose of incorporating the
625amendments to sections 893.13 and 893.135, Florida Statutes, in
626references thereto, subsection (1) of section 893.1351, Florida
627Statutes, is reenacted to read:
628     893.1351  Lease or rent for the purpose of trafficking in a
629controlled substance.--
630     (1)  A person may not lease or rent any place, structure,
631or part thereof, trailer, or other conveyance, with the
632knowledge that such place, structure, trailer, or conveyance
633will be used for the purpose of trafficking in a controlled
634substance, as provided in s. 893.135, or the sale of a
635controlled substance, as provided in s. 893.13.
636     Section 14.  For the purpose of incorporating the
637amendments to sections 893.13 and 893.135, Florida Statutes, in
638references thereto, section 903.133, Florida Statutes, is
639reenacted to read:
640     903.133  Bail on appeal; prohibited for certain felony
641convictions.--Notwithstanding the provisions of s. 903.132, no
642person adjudged guilty of a felony of the first degree for a
643violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
644806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
645violation of s. 794.011(2) or (3), shall be admitted to bail
646pending review either by posttrial motion or appeal.
647     Section 15.  For the purpose of incorporating the amendment
648to section 893.135, Florida Statutes, in a reference thereto,
649paragraph (c) of subsection (4) of section 907.041, Florida
650Statutes, is reenacted to read:
651     907.041  Pretrial detention and release.--
652     (4)  PRETRIAL DETENTION.--
653     (c)  The court may order pretrial detention if it finds a
654substantial probability, based on a defendant's past and present
655patterns of behavior, the criteria in s. 903.046, and any other
656relevant facts, that any of the following circumstances exists:
657     1.  The defendant has previously violated conditions of
658release and that no further conditions of release are reasonably
659likely to assure the defendant's appearance at subsequent
660proceedings;
661     2.  The defendant, with the intent to obstruct the judicial
662process, has threatened, intimidated, or injured any victim,
663potential witness, juror, or judicial officer, or has attempted
664or conspired to do so, and that no condition of release will
665reasonably prevent the obstruction of the judicial process;
666     3.  The defendant is charged with trafficking in controlled
667substances as defined by s. 893.135, that there is a substantial
668probability that the defendant has committed the offense, and
669that no conditions of release will reasonably assure the
670defendant's appearance at subsequent criminal proceedings; or
671     4.  The defendant is charged with DUI manslaughter, as
672defined by s. 316.193, and that there is a substantial
673probability that the defendant committed the crime and that the
674defendant poses a threat of harm to the community; conditions
675that would support a finding by the court pursuant to this
676subparagraph that the defendant poses a threat of harm to the
677community include, but are not limited to, any of the following:
678     a.  The defendant has previously been convicted of any
679crime under s. 316.193, or of any crime in any other state or
680territory of the United States that is substantially similar to
681any crime under s. 316.193;
682     b.  The defendant was driving with a suspended driver's
683license when the charged crime was committed; or
684     c.  The defendant has previously been found guilty of, or
685has had adjudication of guilt withheld for, driving while the
686defendant's driver's license was suspended or revoked in
687violation of s. 322.34;
688     5.  The defendant poses the threat of harm to the
689community. The court may so conclude, if it finds that the
690defendant is presently charged with a dangerous crime, that
691there is a substantial probability that the defendant committed
692such crime, that the factual circumstances of the crime indicate
693a disregard for the safety of the community, and that there are
694no conditions of release reasonably sufficient to protect the
695community from the risk of physical harm to persons.
696     6.  The defendant was on probation, parole, or other
697release pending completion of sentence or on pretrial release
698for a dangerous crime at the time the current offense was
699committed; or
700     7.  The defendant has violated one or more conditions of
701pretrial release or bond for the offense currently before the
702court and the violation, in the discretion of the court,
703supports a finding that no conditions of release can reasonably
704protect the community from risk of physical harm to persons or
705assure the presence of the accused at trial.
706     Section 16.  For the purpose of incorporating the amendment
707to section 893.135, Florida Statutes, in references thereto,
708paragraphs (g) and  (i) of subsection (3) of section 921.0022,
709Florida Statutes, are reenacted to read:
710     921.0022  Criminal Punishment Code; offense severity
711ranking chart.--
712     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatuteFelonyDegree
Description
713
 


(g)  LEVEL 7
714
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
715
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
716
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
717
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
718
 
409.920(2)3rdMedicaid provider fraud.
719
 
456.065(2)3rdPracticing a health care profession without a license.
720
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
721
 
458.327(1)3rdPracticing medicine without a license.
722
 
459.013(1)3rdPracticing osteopathic medicine without a license.
723
 
460.411(1)3rdPracticing chiropractic medicine without a license.
724
 
461.012(1)3rdPracticing podiatric medicine without a license.
725
 
462.173rdPracticing naturopathy without a license.
726
 
463.015(1)3rdPracticing optometry without a license.
727
 
464.016(1)3rdPracticing nursing without a license.
728
 
465.015(2)3rdPracticing pharmacy without a license.
729
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
730
 
467.2013rdPracticing midwifery without a license.
731
 
468.3663rdDelivering respiratory care services without a license.
732
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
733
 
483.901(9)3rdPracticing medical physics without a license.
734
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
735
 
484.0533rdDispensing hearing aids without a license.
736
 
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.
737
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
738
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
739
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
740
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
741
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
742
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
743
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
744
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
745
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
746
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
747
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
748
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
749
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
750
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
751
 
784.081(1)1stAggravated battery on specified official or employee.
752
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
753
 
784.083(1)1stAggravated battery on code inspector.
754
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
755
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
756
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
757
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
758
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
759
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
760
 
796.032ndProcuring any person under 16 years for prostitution.
761
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
762
 
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.
763
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
764
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
765
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
766
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
767
 
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.
768
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
769
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
770
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
771
 
812.131(2)(a)2ndRobbery by sudden snatching.
772
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
773
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
774
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
775
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
776
 
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.
777
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
778
 
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.
779
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
780
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
781
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
782
 
838.0152ndBribery.
783
 
838.0162ndUnlawful compensation or reward for official behavior.
784
 
838.021(3)(a)2ndUnlawful harm to a public servant.
785
 
838.222ndBid tampering.
786
 
872.062ndAbuse of a dead human body.
787
 
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.
788
 
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.
789
 
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).
790
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
791
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
792
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
793
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
794
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
795
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
796
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
797
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
798
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
799
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
800
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
801
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
802
 


(i)  LEVEL 9
803
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
804
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
805
 
499.00531stSale or purchase of contraband legend drugs resulting in great bodily harm.
806
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
807
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
808
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
809
 
775.08441stAggravated white collar crime.
810
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
811
 
782.04(3)1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
812
 
782.051(1)1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
813
 
782.07(2)1st Aggravated manslaughter of an elderly person or disabled adult.
814
 
787.01(1)(a)1.1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
815
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
816
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
817
 
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.
818
 
790.1611stAttempted capital destructive device offense.
819
 
790.166(2)1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
820
 
794.011(2)1st Attempted sexual battery; victim less than 12 years of age.
821
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
822
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
823
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
824
 
800.04(5)(b)1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
825
 
812.13(2)(a)1st,PBL Robbery with firearm or other deadly weapon.
826
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
827
 
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.
828
 
827.03(2)1st Aggravated child abuse.
829
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
830
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
831
 
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.
832
 
893.1351stAttempted capital trafficking offense.
833
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
834
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
835
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
836
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
837
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
838
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
839
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
840
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
841
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
842
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
843
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
844
845     Section 17.  For the purpose of incorporating the amendment
846to section 893.135, Florida Statutes, in references thereto,
847subsection (1) of section 921.0024, Florida Statutes, is
848reenacted to read:
849     921.0024  Criminal Punishment Code; worksheet computations;
850scoresheets.--
851     (1)(a)  The Criminal Punishment Code worksheet is used to
852compute the subtotal and total sentence points as follows:
853
854
FLORIDA CRIMINAL PUNISHMENT CODE
855WORKSHEET
856
857
OFFENSE SCORE
858
859
Primary Offense
 
Primary OffenseLevel
Sentence Points

Total
860
861
 




862
 
10
116
=
_____
863
 
9
92
=
_____
864
 
8
74
=
_____
865
 
7
56
=
_____
866
 
6
36
=
_____
867
 
5
28
=
_____
868
 
4
22
=
_____
869
 
3
16
=
_____
870
 
2
10
=
_____
871
 
1
4
=
_____
872
 




873
 



Total        
874
875
876
Additional Offenses
 
Additional OffensesLevel
Sentence Points

Counts

Total
877
878
 






879
 
10
58
x
_____
=
_____
880
 
9
46
x
_____
=
_____
881
 
8
37
x
_____
=
_____
882
 
7
28
x
_____
=
_____
883
 
6
18
x
_____
=
_____
884
 
5
5.4
x
_____
=
_____
885
 
4
3.6
x
_____
=
_____
886
 
3
2.4
x
_____
=
_____
887
 
2
1.2
x
_____
=
_____
888
 
1
0.7
x
_____
=
_____
889
 
M
0.2
x
_____
=
_____
890
 






891
 





Total        
892
893
894
Victim Injury
 
Victim InjuryLevel
Sentence Points

Number

Total
895
896
 






897
 
2nd degree  murder-  death
240
x
_____
=
_____
898
 
Death
120
x
_____
=
_____
899
 
Severe
40
x
_____
=
_____
900
 
Moderate
18
x
_____
=
_____
901
 
Slight
4
x
_____
=
_____
902
 
Sexual  Penetration
80
x
_____
=
_____
903
 
Sexual contact
40
x
_____
=
_____
904
 






905
 





Total        
906
907
908Primary Offense + Additional Offenses + Victim Injury =
909
TOTAL OFFENSE SCORE
910
911
PRIOR RECORD SCORE
912
913
Prior Record
 
Prior RecordLevel
Sentence Points

Number

Total
914
915
 






916
 
10
29
x
_____
=
_____
917
 
9
23
x
_____
=
_____
918
 
8
19
x
_____
=
_____
919
 
7
14
x
_____
=
_____
920
 
6
9
x
_____
=
_____
921
 
5
3.6
x
_____
=
_____
922
 
4
2.4
x
_____
=
_____
923
 
3
1.6
x
_____
=
_____
924
 
2
0.8
x
_____
=
_____
925
 
1
0.5
x
_____
=
_____
926
 
M
0.2
x
_____
=
_____
927
 






928
 





Total        
929
930
931   TOTAL OFFENSE SCORE
932   TOTAL PRIOR RECORD SCORE
933
934   LEGAL STATUS
935   COMMUNITY SANCTION VIOLATION
936   PRIOR SERIOUS FELONY
937   PRIOR CAPITAL FELONY
938   FIREARM OR SEMIAUTOMATIC WEAPON
939SUBTOTAL__________
940
941   PRISON RELEASEE REOFFENDER (no)(yes)
942   VIOLENT CAREER CRIMINAL (no)(yes)
943   HABITUAL VIOLENT OFFENDER (no)(yes)
944   HABITUAL OFFENDER (no)(yes)
945   DRUG TRAFFICKER (no)(yes) (x multiplier)
946   LAW ENF. PROTECT. (no)(yes) (x multiplier)
947   MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
948   CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
949   DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
950(x multiplier)
951
952TOTAL SENTENCE POINTS__________
953
954
(b)  WORKSHEET KEY:
955
956Legal status points are assessed when any form of legal status
957existed at the time the offender committed an offense before the
958court for sentencing. Four (4) sentence points are assessed for
959an offender's legal status.
960
961Community sanction violation points are assessed when a
962community sanction violation is before the court for sentencing.
963Six (6) sentence points are assessed for each community sanction
964violation, and each successive community sanction violation;
965however, if the community sanction violation includes a new
966felony conviction before the sentencing court, twelve (12)
967community sanction violation points are assessed for such
968violation, and for each successive community sanction violation
969involving a new felony conviction. Multiple counts of community
970sanction violations before the sentencing court shall not be a
971basis for multiplying the assessment of community sanction
972violation points.
973
974Prior serious felony points: If the offender has a primary
975offense or any additional offense ranked in level 8, level 9, or
976level 10, and one or more prior serious felonies, a single
977assessment of 30 points shall be added. For purposes of this
978section, a prior serious felony is an offense in the offender's
979prior record that is ranked in level 8, level 9, or level 10
980under s. 921.0022 or s. 921.0023 and for which the offender is
981serving a sentence of confinement, supervision, or other
982sanction or for which the offender's date of release from
983confinement, supervision, or other sanction, whichever is later,
984is within 3 years before the date the primary offense or any
985additional offense was committed.
986
987Prior capital felony points: If the offender has one or more
988prior capital felonies in the offender's criminal record, points
989shall be added to the subtotal sentence points of the offender
990equal to twice the number of points the offender receives for
991the primary offense and any additional offense. A prior capital
992felony in the offender's criminal record is a previous capital
993felony offense for which the offender has entered a plea of nolo
994contendere or guilty or has been found guilty; or a felony in
995another jurisdiction which is a capital felony in that
996jurisdiction, or would be a capital felony if the offense were
997committed in this state.
998
999Possession of a firearm, semiautomatic firearm, or machine gun:
1000If the offender is convicted of committing or attempting to
1001commit any felony other than those enumerated in s. 775.087(2)
1002while having in his or her possession: a firearm as defined in
1003s. 790.001(6), an additional 18 sentence points are assessed; or
1004if the offender is convicted of committing or attempting to
1005commit any felony other than those enumerated in s. 775.087(3)
1006while having in his or her possession a semiautomatic firearm as
1007defined in s. 775.087(3) or a machine gun as defined in s.
1008790.001(9), an additional 25 sentence points are assessed.
1009
1010Sentencing multipliers:
1011
1012Drug trafficking: If the primary offense is drug trafficking
1013under s. 893.135, the subtotal sentence points are multiplied,
1014at the discretion of the court, for a level 7 or level 8
1015offense, by 1.5. The state attorney may move the sentencing
1016court to reduce or suspend the sentence of a person convicted of
1017a level 7 or level 8 offense, if the offender provides
1018substantial assistance as described in s. 893.135(4).
1019
1020Law enforcement protection: If the primary offense is a
1021violation of the Law Enforcement Protection Act under s.
1022775.0823(2), the subtotal sentence points are multiplied by 2.5.
1023If the primary offense is a violation of s. 775.0823(3), (4),
1024(5), (6), (7), or (8), the subtotal sentence points are
1025multiplied by 2.0. If the primary offense is a violation of s.
1026784.07(3) or s. 775.0875(1), or of the Law Enforcement
1027Protection Act under s. 775.0823(9) or (10), the subtotal
1028sentence points are multiplied by 1.5.
1029
1030Grand theft of a motor vehicle: If the primary offense is grand
1031theft of the third degree involving a motor vehicle and in the
1032offender's prior record, there are three or more grand thefts of
1033the third degree involving a motor vehicle, the subtotal
1034sentence points are multiplied by 1.5.
1035
1036Offense related to a criminal street gang: If the offender is
1037convicted of the primary offense and committed that offense for
1038the purpose of benefiting, promoting, or furthering the
1039interests of a criminal street gang as prohibited under s.
1040874.04, the subtotal sentence points are multiplied by 1.5.
1041
1042Domestic violence in the presence of a child: If the offender is
1043convicted of the primary offense and the primary offense is a
1044crime of domestic violence, as defined in s. 741.28, which was
1045committed in the presence of a child under 16 years of age who
1046is a family household member as defined in s. 741.28(2) with the
1047victim or perpetrator, the subtotal sentence points are
1048multiplied by 1.5.
1049     Section 18.  For the purpose of incorporating the amendment
1050to section 893.135, Florida Statutes, in a reference thereto,
1051subsection (2) of section 921.142, Florida Statutes, is
1052reenacted to read:
1053     921.142  Sentence of death or life imprisonment for capital
1054drug trafficking felonies; further proceedings to determine
1055sentence.--
1056     (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1057conviction or adjudication of guilt of a defendant of a capital
1058felony under s. 893.135, the court shall conduct a separate
1059sentencing proceeding to determine whether the defendant should
1060be sentenced to death or life imprisonment as authorized by s.
1061775.082. The proceeding shall be conducted by the trial judge
1062before the trial jury as soon as practicable. If, through
1063impossibility or inability, the trial jury is unable to
1064reconvene for a hearing on the issue of penalty, having
1065determined the guilt of the accused, the trial judge may summon
1066a special juror or jurors as provided in chapter 913 to
1067determine the issue of the imposition of the penalty. If the
1068trial jury has been waived, or if the defendant pleaded guilty,
1069the sentencing proceeding shall be conducted before a jury
1070impaneled for that purpose, unless waived by the defendant. In
1071the proceeding, evidence may be presented as to any matter that
1072the court deems relevant to the nature of the crime and the
1073character of the defendant and shall include matters relating to
1074any of the aggravating or mitigating circumstances enumerated in
1075subsections (6) and (7). Any such evidence which the court deems
1076to have probative value may be received, regardless of its
1077admissibility under the exclusionary rules of evidence, provided
1078the defendant is accorded a fair opportunity to rebut any
1079hearsay statements. However, this subsection shall not be
1080construed to authorize the introduction of any evidence secured
1081in violation of the Constitution of the United States or the
1082Constitution of the State of Florida. The state and the
1083defendant or the defendant's counsel shall be permitted to
1084present argument for or against sentence of death.
1085     Section 19.  For the purpose of incorporating the amendment
1086to section 893.13, Florida Statutes, in references thereto,
1087subsection (1) of section 921.187, Florida Statutes, is
1088reenacted to read:
1089     921.187  Disposition and sentencing; alternatives;
1090restitution.--
1091     (1)  The alternatives provided in this section for the
1092disposition of criminal cases shall be used in a manner that
1093will best serve the needs of society, punish criminal offenders,
1094and provide the opportunity for rehabilitation.
1095     (a)  If the offender does not receive a state prison
1096sentence, the court may:
1097     1.  Impose a split sentence whereby the offender is to be
1098placed on probation upon completion of any specified period of
1099such sentence, which period may include a term of years or less.
1100     2.  Make any other disposition that is authorized by law.
1101     3.  Place the offender on probation with or without an
1102adjudication of guilt pursuant to s. 948.01.
1103     4.  Impose a fine and probation pursuant to s. 948.011 when
1104the offense is punishable by both a fine and imprisonment and
1105probation is authorized.
1106     5.  Place the offender into community control requiring
1107intensive supervision and surveillance pursuant to chapter 948.
1108     6.  Impose, as a condition of probation or community
1109control, a period of treatment which shall be restricted to a
1110county facility, a Department of Corrections probation and
1111restitution center, a probation program drug punishment
1112treatment community, or a community residential or
1113nonresidential facility, excluding a community correctional
1114center as defined in s. 944.026, which is owned and operated by
1115any qualified public or private entity providing such services.
1116Before admission to such a facility, the court shall obtain an
1117individual assessment and recommendations on the appropriate
1118treatment needs, which shall be considered by the court in
1119ordering such placements. Placement in such a facility, except
1120for a county residential probation facility, may not exceed 364
1121days. Placement in a county residential probation facility may
1122not exceed 3 years. Early termination of placement may be
1123recommended to the court, when appropriate, by the center
1124supervisor, the supervising probation officer, or the probation
1125program manager.
1126     7.  Sentence the offender pursuant to s. 922.051 to
1127imprisonment in a county jail when a statute directs
1128imprisonment in a state prison, if the offender's cumulative
1129sentence, whether from the same circuit or from separate
1130circuits, is not more than 364 days.
1131     8.  Sentence the offender who is to be punished by
1132imprisonment in a county jail to a jail in another county if
1133there is no jail within the county suitable for such prisoner
1134pursuant to s. 950.01.
1135     9.  Require the offender to participate in a work-release
1136or educational or technical training program pursuant to s.
1137951.24 while serving a sentence in a county jail, if such a
1138program is available.
1139     10.  Require the offender to perform a specified public
1140service pursuant to s. 775.091.
1141     11.  Require the offender who violates chapter 893 or
1142violates any law while under the influence of a controlled
1143substance or alcohol to participate in a substance abuse
1144program.
1145     12.a.  Require the offender who violates any criminal
1146provision of chapter 893 to pay an additional assessment in an
1147amount up to the amount of any fine imposed, pursuant to ss.
1148938.21 and 938.23.
1149     b.  Require the offender who violates any provision of s.
1150893.13 to pay an additional assessment in an amount of $100,
1151pursuant to ss. 938.25 and 943.361.
1152     13.  Impose a split sentence whereby the offender is to be
1153placed in a county jail or county work camp upon the completion
1154of any specified term of community supervision.
1155     14.  Impose split probation whereby upon satisfactory
1156completion of half the term of probation, the Department of
1157Corrections may place the offender on administrative probation
1158pursuant to s. 948.01 for the remainder of the term of
1159supervision.
1160     15.  Require residence in a state probation and restitution
1161center or private drug treatment program for offenders on
1162community control or offenders who have violated conditions of
1163probation.
1164     16.  Impose any other sanction which is provided within the
1165community and approved as an intermediate sanction by the county
1166public safety coordinating council as described in s. 951.26.
1167     17.  Impose, as a condition of community control,
1168probation, or probation following incarceration, a requirement
1169that an offender who has not obtained a high school diploma or
1170high school equivalency diploma or who lacks basic or functional
1171literacy skills, upon acceptance by an adult education program,
1172make a good faith effort toward completion of such basic or
1173functional literacy skills or high school equivalency diploma,
1174as defined in s. 1003.435, in accordance with the assessed adult
1175general education needs of the individual offender.
1176     (b)1.  Notwithstanding any provision of former s. 921.001
1177or s. 921.002 to the contrary, on or after October 1, 1993, the
1178court may require any defendant who violates s. 893.13(1)(a)1.,
1179(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1180described in s. 893.13(10), to successfully complete a term of
1181probation pursuant to the terms and conditions set forth in s.
1182948.034(1), in lieu of serving a term of imprisonment.
1183     2.  Notwithstanding any provision of former s. 921.001 or
1184s. 921.002 to the contrary, on or after October 1, 1993, the
1185court may require any defendant who violates s. 893.13(1)(a)2.,
1186(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1187s. 893.13(11), to successfully complete a term of probation
1188pursuant to the terms and conditions set forth in s. 948.034(2),
1189in lieu of serving a term of imprisonment.
1190     Section 20.  For the purpose of incorporating the amendment
1191to section 893.13, Florida Statutes, in a reference thereto,
1192section 938.25, Florida Statutes, is reenacted to read:
1193     938.25  Operating Trust Fund of the Department of Law
1194Enforcement.--Notwithstanding any provision to the contrary of
1195the laws of this state, the court may assess any defendant who
1196pleads guilty or nolo contendere to, or is convicted of, a
1197violation of any provision of s. 893.13, without regard to
1198whether adjudication was withheld, in addition to any fine and
1199other penalty provided or authorized by law, an amount of $100,
1200to be paid to the clerk of the court, who shall forward it to
1201the Department of Revenue for deposit in the Operating Trust
1202Fund of the Department of Law Enforcement to be used by the
1203statewide criminal analysis laboratory system for the purposes
1204specified in s. 943.361. The court is authorized to order a
1205defendant to pay an additional assessment if it finds that the
1206defendant has the ability to pay the fine and the additional
1207assessment and will not be prevented thereby from being
1208rehabilitated or from making restitution.
1209     Section 21.  For the purpose of incorporating the amendment
1210to section 893.135, Florida Statutes, in references thereto,
1211section 943.0585, Florida Statutes, is reenacted to read:
1212     943.0585  Court-ordered expunction of criminal history
1213records.--The courts of this state have jurisdiction over their
1214own procedures, including the maintenance, expunction, and
1215correction of judicial records containing criminal history
1216information to the extent such procedures are not inconsistent
1217with the conditions, responsibilities, and duties established by
1218this section. Any court of competent jurisdiction may order a
1219criminal justice agency to expunge the criminal history record
1220of a minor or an adult who complies with the requirements of
1221this section. The court shall not order a criminal justice
1222agency to expunge a criminal history record until the person
1223seeking to expunge a criminal history record has applied for and
1224received a certificate of eligibility for expunction pursuant to
1225subsection (2). A criminal history record that relates to a
1226violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1227817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1228847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1229s. 907.041 may not be expunged, without regard to whether
1230adjudication was withheld, if the defendant was found guilty of
1231or pled guilty or nolo contendere to the offense, or if the
1232defendant, as a minor, was found to have committed, or pled
1233guilty or nolo contendere to committing, the offense as a
1234delinquent act. The court may only order expunction of a
1235criminal history record pertaining to one arrest or one incident
1236of alleged criminal activity, except as provided in this
1237section. The court may, at its sole discretion, order the
1238expunction of a criminal history record pertaining to more than
1239one arrest if the additional arrests directly relate to the
1240original arrest. If the court intends to order the expunction of
1241records pertaining to such additional arrests, such intent must
1242be specified in the order. A criminal justice agency may not
1243expunge any record pertaining to such additional arrests if the
1244order to expunge does not articulate the intention of the court
1245to expunge a record pertaining to more than one arrest. This
1246section does not prevent the court from ordering the expunction
1247of only a portion of a criminal history record pertaining to one
1248arrest or one incident of alleged criminal activity.
1249Notwithstanding any law to the contrary, a criminal justice
1250agency may comply with laws, court orders, and official requests
1251of other jurisdictions relating to expunction, correction, or
1252confidential handling of criminal history records or information
1253derived therefrom. This section does not confer any right to the
1254expunction of any criminal history record, and any request for
1255expunction of a criminal history record may be denied at the
1256sole discretion of the court.
1257     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1258petition to a court to expunge a criminal history record is
1259complete only when accompanied by:
1260     (a)  A certificate of eligibility for expunction issued by
1261the department pursuant to subsection (2).
1262     (b)  The petitioner's sworn statement attesting that the
1263petitioner:
1264     1.  Has never, prior to the date on which the petition is
1265filed, been adjudicated guilty of a criminal offense or
1266comparable ordinance violation or adjudicated delinquent for
1267committing a felony or a misdemeanor specified in s.
1268943.051(3)(b).
1269     2.  Has not been adjudicated guilty of, or adjudicated
1270delinquent for committing, any of the acts stemming from the
1271arrest or alleged criminal activity to which the petition
1272pertains.
1273     3.  Has never secured a prior sealing or expunction of a
1274criminal history record under this section, former s. 893.14,
1275former s. 901.33, or former s. 943.058, or from any jurisdiction
1276outside the state.
1277     4.  Is eligible for such an expunction to the best of his
1278or her knowledge or belief and does not have any other petition
1279to expunge or any petition to seal pending before any court.
1280
1281Any person who knowingly provides false information on such
1282sworn statement to the court commits a felony of the third
1283degree, punishable as provided in s. 775.082, s. 775.083, or s.
1284775.084.
1285     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1286petitioning the court to expunge a criminal history record, a
1287person seeking to expunge a criminal history record shall apply
1288to the department for a certificate of eligibility for
1289expunction. The department shall, by rule adopted pursuant to
1290chapter 120, establish procedures pertaining to the application
1291for and issuance of certificates of eligibility for expunction.
1292The department shall issue a certificate of eligibility for
1293expunction to a person who is the subject of a criminal history
1294record if that person:
1295     (a)  Has obtained, and submitted to the department, a
1296written, certified statement from the appropriate state attorney
1297or statewide prosecutor which indicates:
1298     1.  That an indictment, information, or other charging
1299document was not filed or issued in the case.
1300     2.  That an indictment, information, or other charging
1301document, if filed or issued in the case, was dismissed or nolle
1302prosequi by the state attorney or statewide prosecutor, or was
1303dismissed by a court of competent jurisdiction.
1304     3.  That the criminal history record does not relate to a
1305violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1306817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1307847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1308s. 907.041, where the defendant was found guilty of, or pled
1309guilty or nolo contendere to any such offense, or that the
1310defendant, as a minor, was found to have committed, or pled
1311guilty or nolo contendere to committing, such an offense as a
1312delinquent act, without regard to whether adjudication was
1313withheld.
1314     (b)  Remits a $75 processing fee to the department for
1315placement in the Department of Law Enforcement Operating Trust
1316Fund, unless such fee is waived by the executive director.
1317     (c)  Has submitted to the department a certified copy of
1318the disposition of the charge to which the petition to expunge
1319pertains.
1320     (d)  Has never, prior to the date on which the application
1321for a certificate of eligibility is filed, been adjudicated
1322guilty of a criminal offense or comparable ordinance violation
1323or adjudicated delinquent for committing a felony or a
1324misdemeanor specified in s. 943.051(3)(b).
1325     (e)  Has not been adjudicated guilty of, or adjudicated
1326delinquent for committing, any of the acts stemming from the
1327arrest or alleged criminal activity to which the petition to
1328expunge pertains.
1329     (f)  Has never secured a prior sealing or expunction of a
1330criminal history record under this section, former s. 893.14,
1331former s. 901.33, or former s. 943.058.
1332     (g)  Is no longer under court supervision applicable to the
1333disposition of the arrest or alleged criminal activity to which
1334the petition to expunge pertains.
1335     (h)  Is not required to wait a minimum of 10 years prior to
1336being eligible for an expunction of such records because all
1337charges related to the arrest or criminal activity to which the
1338petition to expunge pertains were dismissed prior to trial,
1339adjudication, or the withholding of adjudication. Otherwise,
1340such criminal history record must be sealed under this section,
1341former s. 893.14, former s. 901.33, or former s. 943.058 for at
1342least 10 years before such record is eligible for expunction.
1343     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1344     (a)  In judicial proceedings under this section, a copy of
1345the completed petition to expunge shall be served upon the
1346appropriate state attorney or the statewide prosecutor and upon
1347the arresting agency; however, it is not necessary to make any
1348agency other than the state a party. The appropriate state
1349attorney or the statewide prosecutor and the arresting agency
1350may respond to the court regarding the completed petition to
1351expunge.
1352     (b)  If relief is granted by the court, the clerk of the
1353court shall certify copies of the order to the appropriate state
1354attorney or the statewide prosecutor and the arresting agency.
1355The arresting agency is responsible for forwarding the order to
1356any other agency to which the arresting agency disseminated the
1357criminal history record information to which the order pertains.
1358The department shall forward the order to expunge to the Federal
1359Bureau of Investigation. The clerk of the court shall certify a
1360copy of the order to any other agency which the records of the
1361court reflect has received the criminal history record from the
1362court.
1363     (c)  For an order to expunge entered by a court prior to
1364July 1, 1992, the department shall notify the appropriate state
1365attorney or statewide prosecutor of an order to expunge which is
1366contrary to law because the person who is the subject of the
1367record has previously been convicted of a crime or comparable
1368ordinance violation or has had a prior criminal history record
1369sealed or expunged. Upon receipt of such notice, the appropriate
1370state attorney or statewide prosecutor shall take action, within
137160 days, to correct the record and petition the court to void
1372the order to expunge. The department shall seal the record until
1373such time as the order is voided by the court.
1374     (d)  On or after July 1, 1992, the department or any other
1375criminal justice agency is not required to act on an order to
1376expunge entered by a court when such order does not comply with
1377the requirements of this section. Upon receipt of such an order,
1378the department must notify the issuing court, the appropriate
1379state attorney or statewide prosecutor, the petitioner or the
1380petitioner's attorney, and the arresting agency of the reason
1381for noncompliance. The appropriate state attorney or statewide
1382prosecutor shall take action within 60 days to correct the
1383record and petition the court to void the order. No cause of
1384action, including contempt of court, shall arise against any
1385criminal justice agency for failure to comply with an order to
1386expunge when the petitioner for such order failed to obtain the
1387certificate of eligibility as required by this section or such
1388order does not otherwise comply with the requirements of this
1389section.
1390     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1391criminal history record of a minor or an adult which is ordered
1392expunged by a court of competent jurisdiction pursuant to this
1393section must be physically destroyed or obliterated by any
1394criminal justice agency having custody of such record; except
1395that any criminal history record in the custody of the
1396department must be retained in all cases. A criminal history
1397record ordered expunged that is retained by the department is
1398confidential and exempt from the provisions of s. 119.07(1) and
1399s. 24(a), Art. I of the State Constitution and not available to
1400any person or entity except upon order of a court of competent
1401jurisdiction. A criminal justice agency may retain a notation
1402indicating compliance with an order to expunge.
1403     (a)  The person who is the subject of a criminal history
1404record that is expunged under this section or under other
1405provisions of law, including former s. 893.14, former s. 901.33,
1406and former s. 943.058, may lawfully deny or fail to acknowledge
1407the arrests covered by the expunged record, except when the
1408subject of the record:
1409     1.  Is a candidate for employment with a criminal justice
1410agency;
1411     2.  Is a defendant in a criminal prosecution;
1412     3.  Concurrently or subsequently petitions for relief under
1413this section or s. 943.059;
1414     4.  Is a candidate for admission to The Florida Bar;
1415     5.  Is seeking to be employed or licensed by or to contract
1416with the Department of Children and Family Services or the
1417Department of Juvenile Justice or to be employed or used by such
1418contractor or licensee in a sensitive position having direct
1419contact with children, the developmentally disabled, the aged,
1420or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1421394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1422409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1423     6.  Is seeking to be employed or licensed by the Office of
1424Teacher Education, Certification, Staff Development, and
1425Professional Practices of the Department of Education, any
1426district school board, or any local governmental entity that
1427licenses child care facilities.
1428     (b)  Subject to the exceptions in paragraph (a), a person
1429who has been granted an expunction under this section, former s.
1430893.14, former s. 901.33, or former s. 943.058 may not be held
1431under any provision of law of this state to commit perjury or to
1432be otherwise liable for giving a false statement by reason of
1433such person's failure to recite or acknowledge an expunged
1434criminal history record.
1435     (c)  Information relating to the existence of an expunged
1436criminal history record which is provided in accordance with
1437paragraph (a) is confidential and exempt from the provisions of
1438s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1439except that the department shall disclose the existence of a
1440criminal history record ordered expunged to the entities set
1441forth in subparagraphs (a)1., 4., 5., and 6. for their
1442respective licensing and employment purposes, and to criminal
1443justice agencies for their respective criminal justice purposes.
1444It is unlawful for any employee of an entity set forth in
1445subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1446subparagraph (a)6. to disclose information relating to the
1447existence of an expunged criminal history record of a person
1448seeking employment or licensure with such entity or contractor,
1449except to the person to whom the criminal history record relates
1450or to persons having direct responsibility for employment or
1451licensure decisions. Any person who violates this paragraph
1452commits a misdemeanor of the first degree, punishable as
1453provided in s. 775.082 or s. 775.083.
1454     (5)  STATUTORY REFERENCES.--Any reference to any other
1455chapter, section, or subdivision of the Florida Statutes in this
1456section constitutes a general reference under the doctrine of
1457incorporation by reference.
1458     Section 22.  For the purpose of incorporating the amendment
1459to section 893.135, Florida Statutes, in references thereto,
1460Section 943.059, Florida Statutes, is reenacted to read:
1461     943.059  Court-ordered sealing of criminal history
1462records.--The courts of this state shall continue to have
1463jurisdiction over their own procedures, including the
1464maintenance, sealing, and correction of judicial records
1465containing criminal history information to the extent such
1466procedures are not inconsistent with the conditions,
1467responsibilities, and duties established by this section. Any
1468court of competent jurisdiction may order a criminal justice
1469agency to seal the criminal history record of a minor or an
1470adult who complies with the requirements of this section. The
1471court shall not order a criminal justice agency to seal a
1472criminal history record until the person seeking to seal a
1473criminal history record has applied for and received a
1474certificate of eligibility for sealing pursuant to subsection
1475(2). A criminal history record that relates to a violation of s.
1476787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
1477825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
1478847.0145, s. 893.135, or a violation enumerated in s. 907.041
1479may not be sealed, without regard to whether adjudication was
1480withheld, if the defendant was found guilty of or pled guilty or
1481nolo contendere to the offense, or if the defendant, as a minor,
1482was found to have committed or pled guilty or nolo contendere to
1483committing the offense as a delinquent act. The court may only
1484order sealing of a criminal history record pertaining to one
1485arrest or one incident of alleged criminal activity, except as
1486provided in this section. The court may, at its sole discretion,
1487order the sealing of a criminal history record pertaining to
1488more than one arrest if the additional arrests directly relate
1489to the original arrest. If the court intends to order the
1490sealing of records pertaining to such additional arrests, such
1491intent must be specified in the order. A criminal justice agency
1492may not seal any record pertaining to such additional arrests if
1493the order to seal does not articulate the intention of the court
1494to seal records pertaining to more than one arrest. This section
1495does not prevent the court from ordering the sealing of only a
1496portion of a criminal history record pertaining to one arrest or
1497one incident of alleged criminal activity. Notwithstanding any
1498law to the contrary, a criminal justice agency may comply with
1499laws, court orders, and official requests of other jurisdictions
1500relating to sealing, correction, or confidential handling of
1501criminal history records or information derived therefrom. This
1502section does not confer any right to the sealing of any criminal
1503history record, and any request for sealing a criminal history
1504record may be denied at the sole discretion of the court.
1505     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1506petition to a court to seal a criminal history record is
1507complete only when accompanied by:
1508     (a)  A certificate of eligibility for sealing issued by the
1509department pursuant to subsection (2).
1510     (b)  The petitioner's sworn statement attesting that the
1511petitioner:
1512     1.  Has never, prior to the date on which the petition is
1513filed, been adjudicated guilty of a criminal offense or
1514comparable ordinance violation or adjudicated delinquent for
1515committing a felony or a misdemeanor specified in s.
1516943.051(3)(b).
1517     2.  Has not been adjudicated guilty of or adjudicated
1518delinquent for committing any of the acts stemming from the
1519arrest or alleged criminal activity to which the petition to
1520seal pertains.
1521     3.  Has never secured a prior sealing or expunction of a
1522criminal history record under this section, former s. 893.14,
1523former s. 901.33, former s. 943.058, or from any jurisdiction
1524outside the state.
1525     4.  Is eligible for such a sealing to the best of his or
1526her knowledge or belief and does not have any other petition to
1527seal or any petition to expunge pending before any court.
1528
1529Any person who knowingly provides false information on such
1530sworn statement to the court commits a felony of the third
1531degree, punishable as provided in s. 775.082, s. 775.083, or s.
1532775.084.
1533     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1534petitioning the court to seal a criminal history record, a
1535person seeking to seal a criminal history record shall apply to
1536the department for a certificate of eligibility for sealing. The
1537department shall, by rule adopted pursuant to chapter 120,
1538establish procedures pertaining to the application for and
1539issuance of certificates of eligibility for sealing. The
1540department shall issue a certificate of eligibility for sealing
1541to a person who is the subject of a criminal history record
1542provided that such person:
1543     (a)  Has submitted to the department a certified copy of
1544the disposition of the charge to which the petition to seal
1545pertains.
1546     (b)  Remits a $75 processing fee to the department for
1547placement in the Department of Law Enforcement Operating Trust
1548Fund, unless such fee is waived by the executive director.
1549     (c)  Has never, prior to the date on which the application
1550for a certificate of eligibility is filed, been adjudicated
1551guilty of a criminal offense or comparable ordinance violation
1552or adjudicated delinquent for committing a felony or a
1553misdemeanor specified in s. 943.051(3)(b).
1554     (d)  Has not been adjudicated guilty of or adjudicated
1555delinquent for committing any of the acts stemming from the
1556arrest or alleged criminal activity to which the petition to
1557seal pertains.
1558     (e)  Has never secured a prior sealing or expunction of a
1559criminal history record under this section, former s. 893.14,
1560former s. 901.33, or former s. 943.058.
1561     (f)  Is no longer under court supervision applicable to the
1562disposition of the arrest or alleged criminal activity to which
1563the petition to seal pertains.
1564     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1565     (a)  In judicial proceedings under this section, a copy of
1566the completed petition to seal shall be served upon the
1567appropriate state attorney or the statewide prosecutor and upon
1568the arresting agency; however, it is not necessary to make any
1569agency other than the state a party. The appropriate state
1570attorney or the statewide prosecutor and the arresting agency
1571may respond to the court regarding the completed petition to
1572seal.
1573     (b)  If relief is granted by the court, the clerk of the
1574court shall certify copies of the order to the appropriate state
1575attorney or the statewide prosecutor and to the arresting
1576agency. The arresting agency is responsible for forwarding the
1577order to any other agency to which the arresting agency
1578disseminated the criminal history record information to which
1579the order pertains. The department shall forward the order to
1580seal to the Federal Bureau of Investigation. The clerk of the
1581court shall certify a copy of the order to any other agency
1582which the records of the court reflect has received the criminal
1583history record from the court.
1584     (c)  For an order to seal entered by a court prior to July
15851, 1992, the department shall notify the appropriate state
1586attorney or statewide prosecutor of any order to seal which is
1587contrary to law because the person who is the subject of the
1588record has previously been convicted of a crime or comparable
1589ordinance violation or has had a prior criminal history record
1590sealed or expunged. Upon receipt of such notice, the appropriate
1591state attorney or statewide prosecutor shall take action, within
159260 days, to correct the record and petition the court to void
1593the order to seal. The department shall seal the record until
1594such time as the order is voided by the court.
1595     (d)  On or after July 1, 1992, the department or any other
1596criminal justice agency is not required to act on an order to
1597seal entered by a court when such order does not comply with the
1598requirements of this section. Upon receipt of such an order, the
1599department must notify the issuing court, the appropriate state
1600attorney or statewide prosecutor, the petitioner or the
1601petitioner's attorney, and the arresting agency of the reason
1602for noncompliance. The appropriate state attorney or statewide
1603prosecutor shall take action within 60 days to correct the
1604record and petition the court to void the order. No cause of
1605action, including contempt of court, shall arise against any
1606criminal justice agency for failure to comply with an order to
1607seal when the petitioner for such order failed to obtain the
1608certificate of eligibility as required by this section or when
1609such order does not comply with the requirements of this
1610section.
1611     (e)  An order sealing a criminal history record pursuant to
1612this section does not require that such record be surrendered to
1613the court, and such record shall continue to be maintained by
1614the department and other criminal justice agencies.
1615     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1616history record of a minor or an adult which is ordered sealed by
1617a court of competent jurisdiction pursuant to this section is
1618confidential and exempt from the provisions of s. 119.07(1) and
1619s. 24(a), Art. I of the State Constitution and is available only
1620to the person who is the subject of the record, to the subject's
1621attorney, to criminal justice agencies for their respective
1622criminal justice purposes, or to those entities set forth in
1623subparagraphs (a)1., 4., 5., and 6. for their respective
1624licensing and employment purposes.
1625     (a)  The subject of a criminal history record sealed under
1626this section or under other provisions of law, including former
1627s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1628deny or fail to acknowledge the arrests covered by the sealed
1629record, except when the subject of the record:
1630     1.  Is a candidate for employment with a criminal justice
1631agency;
1632     2.  Is a defendant in a criminal prosecution;
1633     3.  Concurrently or subsequently petitions for relief under
1634this section or s. 943.0585;
1635     4.  Is a candidate for admission to The Florida Bar;
1636     5.  Is seeking to be employed or licensed by or to contract
1637with the Department of Children and Family Services or the
1638Department of Juvenile Justice or to be employed or used by such
1639contractor or licensee in a sensitive position having direct
1640contact with children, the developmentally disabled, the aged,
1641or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1642394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1643409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
1644400; or
1645     6.  Is seeking to be employed or licensed by the Office of
1646Teacher Education, Certification, Staff Development, and
1647Professional Practices of the Department of Education, any
1648district school board, or any local governmental entity which
1649licenses child care facilities.
1650     (b)  Subject to the exceptions in paragraph (a), a person
1651who has been granted a sealing under this section, former s.
1652893.14, former s. 901.33, or former s. 943.058 may not be held
1653under any provision of law of this state to commit perjury or to
1654be otherwise liable for giving a false statement by reason of
1655such person's failure to recite or acknowledge a sealed criminal
1656history record.
1657     (c)  Information relating to the existence of a sealed
1658criminal record provided in accordance with the provisions of
1659paragraph (a) is confidential and exempt from the provisions of
1660s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1661except that the department shall disclose the sealed criminal
1662history record to the entities set forth in subparagraphs (a)1.,
16634., 5., and 6. for their respective licensing and employment
1664purposes. It is unlawful for any employee of an entity set forth
1665in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1666or subparagraph (a)6. to disclose information relating to the
1667existence of a sealed criminal history record of a person
1668seeking employment or licensure with such entity or contractor,
1669except to the person to whom the criminal history record relates
1670or to persons having direct responsibility for employment or
1671licensure decisions. Any person who violates the provisions of
1672this paragraph commits a misdemeanor of the first degree,
1673punishable as provided in s. 775.082 or s. 775.083.
1674     (5)  STATUTORY REFERENCES.--Any reference to any other
1675chapter, section, or subdivision of the Florida Statutes in this
1676section constitutes a general reference under the doctrine of
1677incorporation by reference.
1678     Section 23.  For the purpose of incorporating the amendment
1679to section 893.13, Florida Statutes, in references thereto,
1680subsections (1) and (2) of section 948.034, Florida Statutes,
1681are reenacted to read:
1682     948.034  Terms and conditions of probation; community
1683residential drug punishment centers.--
1684     (1)  On or after October 1, 1993, any person who violates
1685s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1686in the discretion of the trial court, be required to
1687successfully complete a term of probation in lieu of serving a
1688term of imprisonment as required or authorized by s. 775.084,
1689former s. 921.001, or s. 921.002, as follows:
1690     (a)  If the person has not previously been convicted of
1691violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1692(5)(a), adjudication may be withheld and the offender may be
1693placed on probation for not less than 18 months, as a condition
1694of which the court shall require the offender to reside at a
1695community residential drug punishment center for 90 days. The
1696offender must comply with all rules and regulations of the
1697center and must pay a fee for the costs of room and board and
1698residential supervision. Placement of an offender into a
1699community residential drug punishment center is subject to
1700budgetary considerations and availability of bed space. If the
1701court requires the offender to reside at a community residential
1702drug punishment center, the court shall also require the
1703offender to comply with one or more of the other following terms
1704and conditions:
1705     1.  Pay a fine of not less than $500 nor more than $10,000
1706pursuant to s. 775.083(1)(c).
1707     2.  Enter, regularly attend, and successfully complete a
1708substance abuse education program of at least 40 hours or a
1709prescribed substance abuse treatment program provided by a
1710treatment resource licensed pursuant to chapter 397 or by a
1711hospital licensed pursuant to chapter 395, as specified by the
1712court. In addition, the court may refer the offender to a
1713licensed agency for substance abuse evaluation and, if
1714appropriate, substance abuse treatment subject to the ability of
1715the offender to pay for such evaluation and treatment. If such
1716referral is made, the offender must comply and must pay for the
1717reasonable cost of the evaluation and treatment.
1718     3.  Perform at least 100 hours of public service.
1719     4.  Submit to routine and random drug testing which may be
1720conducted during the probationary period, with the reasonable
1721costs thereof borne by the offender.
1722     5.  Participate, at his or her own expense, in an
1723appropriate self-help group, such as Narcotics Anonymous,
1724Alcoholics Anonymous, or Cocaine Anonymous, if available.
1725     (b)  If the person has been previously convicted of one
1726felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1727(2)(a)1., or (5)(a), adjudication may not be withheld and the
1728offender may be placed on probation for not less than 24 months,
1729as a condition of which the court shall require the offender to
1730reside at a community residential drug punishment center for 180
1731days. The offender must comply with all rules and regulations of
1732the center and must pay a fee for the costs of room and board
1733and residential supervision. Placement of an offender into a
1734community residential drug punishment center is subject to
1735budgetary considerations and availability of bed space. If the
1736court requires the offender to reside at a community residential
1737drug punishment center, the court shall also require the
1738offender to comply with one or more of the other following terms
1739and conditions:
1740     1.  Pay a fine of not less than $1,000 nor more than
1741$10,000 pursuant to s. 775.083(1)(c).
1742     2.  Enter, regularly attend, and successfully complete a
1743substance abuse education program of at least 40 hours or a
1744prescribed substance abuse treatment program provided by a
1745treatment resource licensed pursuant to chapter 397 or by a
1746hospital licensed pursuant to chapter 395, as specified by the
1747court. In addition, the court may refer the offender to a
1748licensed agency for substance abuse evaluation and, if
1749appropriate, substance abuse treatment subject to the ability of
1750the offender to pay for such evaluation and treatment. If such
1751referral is made, the offender must comply and must pay for the
1752reasonable cost of the evaluation and treatment.
1753     3.  Perform at least 200 hours of public service.
1754     4.  Submit to routine and random drug testing which may be
1755conducted during the probationary period, with the reasonable
1756costs thereof borne by the offender.
1757     5.  Participate, at his or her own expense, in an
1758appropriate self-help group, such as Narcotics Anonymous,
1759Alcoholics Anonymous, or Cocaine Anonymous, if available.
1760     (c)  If the person has been previously convicted of two
1761felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1762may not be withheld and the offender may be placed on probation
1763for not less than 36 months, as a condition of which the court
1764shall require the offender to reside at a community residential
1765drug punishment center for 360 days. The offender must comply
1766with all rules and regulations of the center and must pay a fee
1767for the costs of room and board and residential supervision.
1768Placement of an offender into a community residential drug
1769punishment center is subject to budgetary considerations and
1770availability of bed space. If the court requires the offender to
1771reside at a community residential drug punishment center, the
1772court shall also require the offender to comply with one or more
1773of the other following terms and conditions:
1774     1.  Pay a fine of not less than $1,500 nor more than
1775$10,000 pursuant to s. 775.083(1)(c).
1776     2.  Enter, regularly attend, and successfully complete a
1777substance abuse education program of at least 40 hours or a
1778prescribed substance abuse treatment program provided by a
1779treatment resource licensed pursuant to chapter 397 or by a
1780hospital licensed pursuant to chapter 395, as specified by the
1781court. In addition, the court may refer the offender to a
1782licensed agency for substance abuse evaluation and, if
1783appropriate, substance abuse treatment subject to the ability of
1784the offender to pay for such evaluation and treatment. If such
1785referral is made, the offender must comply and must pay for the
1786reasonable cost of the evaluation and treatment.
1787     3.  Perform at least 300 hours of public service.
1788     4.  Submit to routine and random drug testing which may be
1789conducted during the probationary period, with the reasonable
1790costs thereof borne by the offender.
1791     5.  Participate, at his or her own expense, in an
1792appropriate self-help group, such as Narcotics Anonymous,
1793Alcoholics Anonymous, or Cocaine Anonymous, if available.
1794     (d)  An offender who violates probation imposed pursuant to
1795this section shall be sentenced in accordance with s. 921.002.
1796     (2)  On or after October 1, 1993, any person who violates
1797s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1798discretion of the trial court, be required to successfully
1799complete a term of probation in lieu of serving a term of
1800imprisonment as required or authorized by s. 775.084, former s.
1801921.001, or s. 921.002, as follows:
1802     (a)  If the person has not previously been convicted of
1803violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1804adjudication may be withheld and the offender shall be placed on
1805probation for not less than 12 months, as a condition of which
1806the court may require the offender to comply with one or more of
1807the following terms and conditions:
1808     1.  Pay a fine of not less than $250 nor more than $5,000
1809pursuant to s. 775.083(1)(c).
1810     2.  Enter, regularly attend, and successfully complete a
1811substance abuse education program of at least 40 hours or a
1812prescribed substance abuse treatment program provided by a
1813treatment resource licensed pursuant to chapter 397 or by a
1814hospital licensed pursuant to chapter 395, as specified by the
1815court. In addition, the court may refer the offender to a
1816licensed agency for substance abuse evaluation and, if
1817appropriate, substance abuse treatment subject to the ability of
1818the offender to pay for such evaluation and treatment. If such
1819referral is made, the offender must comply and must pay for the
1820reasonable cost of the evaluation and treatment.
1821     3.  Perform at least 50 hours of public service.
1822     4.  Submit to routine and random drug testing which may be
1823conducted during the probationary period, with the reasonable
1824costs thereof borne by the offender.
1825     5.  Participate, at his or her own expense, in an
1826appropriate self-help group, such as Narcotics Anonymous,
1827Alcoholics Anonymous, or Cocaine Anonymous, if available.
1828     (b)  If the person has been previously convicted of one
1829felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1830(6)(a), adjudication may not be withheld and the offender may be
1831placed on probation for not less than 18 months, as a condition
1832of which the court shall require the offender to reside at a
1833community residential drug punishment center for 90 days. The
1834offender must comply with all rules and regulations of the
1835center and must pay a fee for the costs of room and board and
1836residential supervision. Placement of an offender into a
1837community residential drug punishment center is subject to
1838budgetary considerations and availability of bed space. If the
1839court requires the offender to reside at a community residential
1840drug punishment center, the court shall also require the
1841offender to comply with one or more of the other following terms
1842and conditions:
1843     1.  Pay a fine of not less than $500 nor more than $5,000
1844pursuant to s. 775.083(1)(c).
1845     2.  Enter, regularly attend, and successfully complete a
1846substance abuse intervention program of a least 80 hours
1847provided by a treatment resource licensed pursuant to chapter
1848397 or by a hospital licensed pursuant to chapter 395, as
1849specified by the court. In addition, the court may refer the
1850offender to a licensed agency for substance abuse evaluation
1851and, if appropriate, substance abuse treatment subject to the
1852ability of the offender to pay for such evaluation and
1853treatment. If such referral is made, the offender must comply
1854and must pay for the reasonable cost of the evaluation and
1855treatment.
1856     3.  Perform at least 100 hours of public service.
1857     4.  Submit to routine and random drug testing which may be
1858conducted during the probationary period, with the reasonable
1859costs thereof borne by the offender.
1860     5.  Participate, at his or her own expense, in an
1861appropriate self-help group, such as Narcotics Anonymous,
1862Alcoholics Anonymous, or Cocaine Anonymous, if available.
1863     (c)  If the person has been previously convicted of two
1864felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1865adjudication may not be withheld and the offender may be placed
1866on probation for not less than 24 months, as a condition of
1867which the court shall require the offender to reside at a
1868community residential drug punishment center for 120 days. The
1869offender must comply with all rules and regulations of the
1870center and must pay a fee for the costs of room and board and
1871residential supervision. Placement of an offender into a
1872community residential drug punishment center is subject to
1873budgetary considerations and availability of bed space. If the
1874court requires the offender to reside at a community residential
1875drug punishment center, the court shall also require the
1876offender to comply with one or more of the other following terms
1877and conditions:
1878     1.  Pay a fine of not less than $1,000 nor more than $5,000
1879pursuant to s. 775.083(1)(c).
1880     2.  Enter, regularly attend, and successfully complete a
1881prescribed substance abuse treatment program provided by a
1882treatment resource licensed pursuant to chapter 397 or by a
1883hospital licensed pursuant to chapter 395, as specified by the
1884court. In addition, the court may refer the offender to a
1885licensed agency for substance abuse evaluation and, if
1886appropriate, substance abuse treatment subject to the ability of
1887the offender to pay for such evaluation and treatment. If such
1888referral is made, the offender must comply and must pay for the
1889reasonable cost of the evaluation and treatment.
1890     3.  Perform at least 150 hours of public service.
1891     4.  Submit to routine and random drug testing which may be
1892conducted during the probationary period, with the reasonable
1893costs thereof borne by the offender.
1894     5.  Participate, at his or her own expense, in an
1895appropriate self-help group, such as Narcotics Anonymous,
1896Alcoholics Anonymous, or Cocaine Anonymous, if available.
1897     (d)  If the person has been previously convicted of three
1898felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1899adjudication may not be withheld and the offender may be placed
1900on probation for not less than 30 months, as a condition of
1901which the court shall require the offender to reside at a
1902community residential drug punishment center for 200 days. The
1903offender must comply with all rules and regulations of the
1904center and must pay a fee for the costs of room and board and
1905residential supervision. Placement of an offender into a
1906community residential drug punishment center is subject to
1907budgetary considerations and availability of bed space. If the
1908court requires the offender to reside at a community residential
1909drug punishment center, the court shall also require the
1910offender to comply with one or more of the other following terms
1911and conditions:
1912     1.  Pay a fine of not less than $1,500 nor more than $5,000
1913pursuant to s. 775.083(1)(c).
1914     2.  Enter, regularly attend, and successfully complete a
1915prescribed substance abuse treatment program provided by a
1916treatment resource licensed pursuant to chapter 397 or by a
1917hospital licensed pursuant to chapter 395, as specified by the
1918court. In addition, the court may refer the offender to a
1919licensed agency for substance abuse evaluation and, if
1920appropriate, substance abuse treatment subject to the ability of
1921the offender to pay for such evaluation and treatment. If such
1922referral is made, the offender must comply and must pay for the
1923reasonable cost of the evaluation and treatment.
1924     3.  Perform at least 200 hours of public service.
1925     4.  Submit to routine and random drug testing which may be
1926conducted during the probationary period, with the reasonable
1927costs thereof borne by the offender.
1928     5.  Participate, at his or her own expense, in an
1929appropriate self-help group, such as Narcotics Anonymous,
1930Alcoholics Anonymous, or Cocaine Anonymous, if available.
1931     (e)  If the person has been previously convicted of four
1932felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1933adjudication may not be withheld and the offender may be placed
1934on probation for not less than 36 months, as a condition of
1935which the court shall require the offender to reside at a
1936community residential drug punishment center for 360 days. The
1937offender must comply with all rules and regulations of the
1938center and must pay a fee for the costs of room and board and
1939residential supervision. Placement of an offender into a
1940community residential drug punishment center is subject to
1941budgetary considerations and availability of bed space. If the
1942court requires the offender to reside at a community residential
1943drug punishment center, the court shall also require the
1944offender to comply with one or more of the other following terms
1945and conditions:
1946     1.  Pay a fine of not less than $2,000 nor more than $5,000
1947pursuant to s. 775.083(1)(c).
1948     2.  Enter, regularly attend, and successfully complete a
1949prescribed substance abuse treatment program provided by a
1950treatment resource licensed pursuant to chapter 397 or by a
1951hospital licensed pursuant to chapter 395, as specified by the
1952court. In addition, the court may refer the offender to a
1953licensed agency for substance abuse evaluation and, if
1954appropriate, substance abuse treatment subject to the ability of
1955the offender to pay for such evaluation and treatment. If such
1956referral is made, the offender must comply and must pay for the
1957reasonable cost of the evaluation and treatment.
1958     3.  Perform at least 250 hours of public service.
1959     4.  Submit to routine and random drug testing which may be
1960conducted during the probationary period, with the reasonable
1961costs thereof borne by the offender.
1962     5.  Participate, at his or her own expense, in an
1963appropriate self-help group, such as Narcotics Anonymous,
1964Alcoholics Anonymous, or Cocaine Anonymous, if available.
1965     (f)  An offender who violates probation imposed pursuant to
1966this section shall be sentenced in accordance with s. 921.002.
1967     Section 24.  This act shall take effect July 1, 2004, and
1968shall apply to offenses committed on or after that date.


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