August 13, 2020
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HB 1815

1
A bill to be entitled
2An act relating to controlled substances; amending s.
3893.033, F.S.; revising the chemicals defined as "listed
4precursor chemicals" to include benzaldehyde, hydriodic
5acid, and nitroethane, and to remove anhydrous ammonia and
6benzyl chloride; revising the chemicals defined as "listed
7essential chemicals" to include anhydrous ammonia, benzyl
8chloride, hydrochloric gas, and iodine; amending s.
9893.13, F.S.; prohibiting a person from manufacturing
10methamphetamine or phencyclidine or from possessing listed
11chemicals with the intent to manufacture methamphetamine
12or phencyclidine; providing criminal penalties; providing
13for minimum terms of imprisonment in circumstances where a
14person commits or attempts to commit such crime in a
15structure or conveyance where a child is present and in
16circumstances where a child suffers great bodily harm;
17providing criminal penalties in circumstances where a
18person fails to store anhydrous ammonia as required;
19providing criminal penalties in circumstances involving a
20violation of ch. 893, F.S., which results in serious
21injury to a state, local, or federal law enforcement
22officer; increasing the criminal penalties if such
23violation results in death or great bodily harm to such
24officer; prohibiting a person from selling, manufacturing,
25delivering, or attempting to sell, manufacture, or deliver
26a controlled substance in, on, or within 1,000 feet of an
27assisted living facility; providing criminal penalties for
28such offense; specifying minimum terms of imprisonment for
29such offense; amending s. 893.135, F.S.; including
30offenses involving 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.  Paragraphs (g) and (h) are added to subsection
148(1) of section 893.13, Florida Statutes, paragraphs (a) and (c)
149of subsection (7) of said section are amended, subsection (12)
150is added 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     (h)  Except as authorized by this chapter, it is unlawful
175for any person to sell, manufacture, or deliver, or possess with
176intent to sell, manufacture, or deliver, a controlled substance
177in, on, or within 1,000 feet of the real property comprising an
178assisted living facility, as that term is used in chapter 400.
179Any person who violates this paragraph with respect to:
180     1.  A controlled substance named or described in s.
181893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.,
182commits a felony of the first degree, punishable as provided in
183s. 775.082, s. 775.083, or s. 775.084.
184     2.  A controlled substance named or described in s.
185893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
186(2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
187the second degree, punishable as provided in s. 775.082, s.
188775.083, or s. 775.084.
189      (7)(a)  It is unlawful for any person:
190     1.  To distribute or dispense a controlled substance in
191violation of this chapter.
192     2.  To refuse or fail to make, keep, or furnish any record,
193notification, order form, statement, invoice, or information
194required under this chapter.
195     3.  To refuse an entry into any premises for any inspection
196or to refuse to allow any inspection authorized by this chapter.
197     4.  To distribute a controlled substance named or described
198in s. 893.03(1) or (2) except pursuant to an order form as
199required by s. 893.06.
200     5.  To keep or maintain any store, shop, warehouse,
201dwelling, building, vehicle, boat, aircraft, or other structure
202or place which is resorted to by persons using controlled
203substances in violation of this chapter for the purpose of using
204these substances, or which is used for keeping or selling them
205in violation of this chapter.
206     6.  To use to his or her own personal advantage, or to
207reveal, any information obtained in enforcement of this chapter
208except in a prosecution or administrative hearing for a
209violation of this chapter.
210     7.  To possess a prescription form which has not been
211completed and signed by the practitioner whose name appears
212printed thereon, unless the person is that practitioner, is an
213agent or employee of that practitioner, is a pharmacist, or is a
214supplier of prescription forms who is authorized by that
215practitioner to possess those forms.
216     8.  To withhold information from a practitioner from whom
217the person seeks to obtain a controlled substance or a
218prescription for a controlled substance that the person making
219the request has received a controlled substance or a
220prescription for a controlled substance of like therapeutic use
221from another practitioner within the previous 30 days.
222     9.  To acquire or obtain, or attempt to acquire or obtain,
223possession of a controlled substance by misrepresentation,
224fraud, forgery, deception, or subterfuge.
225     10.  To affix any false or forged label to a package or
226receptacle containing a controlled substance.
227     11.  To furnish false or fraudulent material information
228in, or omit any material information from, any report or other
229document required to be kept or filed under this chapter or any
230record required to be kept by this chapter.
231     12.  To store anhydrous ammonia in a container that is not
232approved by the United States Department of Transportation to
233hold anhydrous ammonia or is not constructed in accordance with
234sound engineering, agricultural, or commercial practices.
235     (c)  Any person who violates the provisions of
236subparagraphs (a)8.-12. (a)8.-11. commits a felony of the third
237degree, punishable as provided in s. 775.082, s. 775.083, or s.
238775.084.
239     (8)
240     (d)  Notwithstanding paragraph (c), if a prescribing
241practitioner has violated paragraph (a) and received $1,000 or
242more in payment for writing one or more prescriptions or, in the
243case of a prescription written for a controlled substance
244described in s. 893.135, has written one or more prescriptions
245for a quantity of a controlled substance which, individually or
246in the aggregate, meets the threshold for the offense of
247trafficking in a controlled substance under s. 893.15, the
248violation is reclassified as a felony of the second degree and
249ranked in level 4 of the Criminal Punishment Code.
250     (12)  If a person violates any provision of this chapter
251and such violation results in a serious injury to a state,
252local, or federal law enforcement officer, the person commits a
253felony of the third degree, punishable as provided in s.
254775.082, s. 775.083, or s. 775.084. If the injury sustained
255results in death or great bodily harm, the person commits a
256felony of the second degree, punishable as provided in s.
257775.082, s. 775.083, or s. 775.084.
258     Section 3.  Paragraph (f) of subsection (1) of section
259893.135, Florida Statutes, is amended to read:
260     893.135  Trafficking; mandatory sentences; suspension or
261reduction of sentences; conspiracy to engage in trafficking.--
262     (1)  Except as authorized in this chapter or in chapter 499
263and notwithstanding the provisions of s. 893.13:
264     (f)1.  Any person who knowingly sells, purchases,
265manufactures, delivers, or brings into this state, or who is
266knowingly in actual or constructive possession of, 14 grams or
267more of amphetamine, as described in s. 893.03(2)(c)2., or
268methamphetamine, as described in s. 893.03(2)(c)4., or of any
269mixture containing amphetamine or methamphetamine, or
270phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
271in conjunction with other chemicals and equipment utilized in
272the manufacture of amphetamine or methamphetamine, commits a
273felony of the first degree, which felony shall be known as
274"trafficking in amphetamine," punishable as provided in s.
275775.082, s. 775.083, or s. 775.084. If the quantity involved:
276     a.  Is 14 grams or more, but less than 28 grams, such
277person shall be sentenced to a mandatory minimum term of
278imprisonment of 3 years, and the defendant shall be ordered to
279pay a fine of $50,000.
280     b.  Is 28 grams or more, but less than 200 grams, such
281person shall be sentenced to a mandatory minimum term of
282imprisonment of 7 years, and the defendant shall be ordered to
283pay a fine of $100,000.
284     c.  Is 200 grams or more, such person shall be sentenced to
285a mandatory minimum term of imprisonment of 15 calendar years
286and pay a fine of $250,000.
287     2.  Any person who knowingly manufactures or brings into
288this state 400 grams or more of amphetamine, as described in s.
289893.03(2)(c)2., or methamphetamine, as described in s.
290893.03(2)(c)4., or of any mixture containing amphetamine or
291methamphetamine, or phenylacetone, phenylacetic acid,
292pseudoephedrine, or ephedrine in conjunction with other
293chemicals and equipment used in the manufacture of amphetamine
294or methamphetamine, and who knows that the probable result of
295such manufacture or importation would be the death of any person
296commits capital manufacture or importation of amphetamine, a
297capital felony punishable as provided in ss. 775.082 and
298921.142. Any person sentenced for a capital felony under this
299paragraph shall also be sentenced to pay the maximum fine
300provided under subparagraph 1.
301     Section 4.  Section 893.149, Florida Statutes, is amended
302to read:
303     893.149  Unlawful possession of listed chemical.--
304     (1)  It is unlawful for any person to knowingly or
305intentionally:
306     (a)  Possess a listed chemical with the intent to
307unlawfully manufacture a controlled substance;
308     (b)  Possess or distribute a listed chemical knowing, or
309having reasonable cause to believe, that the listed chemical
310will be used to unlawfully manufacture a controlled substance.
311     (2)  Any person who violates this section commits is guilty
312of a felony of the second degree, punishable as provided in s.
313775.082, s. 775.083, or s. 775.084.
314     (3)  This section does not apply to a public employee or
315private contractor authorized to clean up or dispose of
316hazardous waste or toxic substances pursuant to the provisions
317of this chapter.
318     (4)  Any damages arising out of the unlawful possession of,
319storage of, or tampering with a listed chemical, as defined in
320s. 893.033, shall be the sole responsibility of the person or
321persons unlawfully possessing, storing, or tampering with the
322listed chemical. In no case shall liability for damages arising
323out of the unlawful possession of, storage of, or tampering with
324a listed chemical extend to the lawful owner, installer,
325maintainer, designer, manufacturer, possessor, or seller of the
326listed chemical, unless such damages arise out of the acts or
327omissions of the owner, installer, maintainer, designer,
328manufacturer, possessor, or seller which constitute negligent
329misconduct or failure to abide by the laws regarding the
330possession or storage of a listed chemical.
331     Section 5.  For the purpose of incorporating the amendment
332to section 893.135, Florida Statutes, in a reference thereto,
333paragraph (c) of subsection (3) of section 311.12, Florida
334Statutes, is reenacted to read:
335     311.12  Seaport security standards.--
336     (3)
337     (c)  In addition to other requirements for employment or
338access established by each seaport pursuant to its seaport
339security plan, each seaport security plan shall provide that:
340     1.  Any person who has within the past 7 years been
341convicted, regardless of whether adjudication was withheld, for
342a forcible felony as defined in s. 776.08; an act of terrorism
343as defined in s. 775.30; planting of a hoax bomb as provided in
344s. 790.165; any violation involving the manufacture, possession,
345sale, delivery, display, use, or attempted or threatened use of
346a weapon of mass destruction or hoax weapon of mass destruction
347as provided in s. 790.166; dealing in stolen property; any
348violation of s. 893.135; any violation involving the sale,
349manufacturing, delivery, or possession with intent to sell,
350manufacture, or deliver a controlled substance; burglary;
351robbery; any felony violation of s. 812.014; any violation of s.
352790.07; any crime an element of which includes use or possession
353of a firearm; any conviction for any similar offenses under the
354laws of another jurisdiction; or conviction for conspiracy to
355commit any of the listed offenses shall not be qualified for
356initial employment within or regular access to a seaport or
357restricted access area; and
358     2.  Any person who has at any time been convicted for any
359of the listed offenses shall not be qualified for initial
360employment within or authorized regular access to a seaport or
361restricted access area unless, after release from incarceration
362and any supervision imposed as a sentence, the person remained
363free from a subsequent conviction, regardless of whether
364adjudication was withheld, for any of the listed offenses for a
365period of at least 7 years prior to the employment or access
366date under consideration.
367     Section 6.  For the purpose of incorporating the amendments
368to sections 893.13 and 893.135, Florida Statutes, in references
369thereto, paragraph (b) of subsection (4) and subsection (6) of
370section 397.451, Florida Statutes, are reenacted to read:
371     397.451  Background checks of service provider personnel.--
372     (4)  EXEMPTIONS FROM DISQUALIFICATION.--
373     (b)  Since rehabilitated substance abuse impaired persons
374are effective in the successful treatment and rehabilitation of
375substance abuse impaired adolescents, for service providers
376which treat adolescents 13 years of age and older, service
377provider personnel whose background checks indicate crimes under
378s. 817.563, s. 893.13, or s. 893.147 may be exempted from
379disqualification from employment pursuant to this paragraph.
380     (6)  DISQUALIFICATION FROM RECEIVING STATE FUNDS.--State
381funds may not be disseminated to any service provider owned or
382operated by an owner, director, or chief financial officer who
383has been convicted of, has entered a plea of guilty or nolo
384contendere to, or has had adjudication withheld for, a violation
385of s. 893.135 pertaining to trafficking in controlled
386substances, or a violation of the law of another state, the
387District of Columbia, the United States or any possession or
388territory thereof, or any foreign jurisdiction which is
389substantially similar in elements and penalties to a trafficking
390offense in this state, unless the owner's or director's civil
391rights have been restored.
392     Section 7.  For the purpose of incorporating the amendment
393to section 893.135, Florida Statutes, in a reference thereto,
394subsection (1) of section 414.095, Florida Statutes, is
395reenacted to read:
396     414.095  Determining eligibility for temporary cash
397assistance.--
398     (1)  ELIGIBILITY.--An applicant must meet eligibility
399requirements of this section before receiving services or
400temporary cash assistance under this chapter, except that an
401applicant shall be required to register for work and engage in
402work activities in accordance with s. 445.024, as designated by
403the regional workforce board, and may receive support services
404or child care assistance in conjunction with such requirement.
405The department shall make a determination of eligibility based
406on the criteria listed in this chapter. The department shall
407monitor continued eligibility for temporary cash assistance
408through periodic reviews consistent with the food stamp
409eligibility process. Benefits shall not be denied to an
410individual solely based on a felony drug conviction, unless the
411conviction is for trafficking pursuant to s. 893.135. To be
412eligible under this section, an individual convicted of a drug
413felony must be satisfactorily meeting the requirements of the
414temporary cash assistance program, including all substance abuse
415treatment requirements. Within the limits specified in this
416chapter, the state opts out of the provision of Pub. L. No. 104-
417193, s. 115, that eliminates eligibility for temporary cash
418assistance and food stamps for any individual convicted of a
419controlled substance felony.
420     Section 8.  For the purpose of incorporating the amendment
421to section 893.13, Florida Statutes, in a reference thereto,
422subsection (2) of section 435.07, Florida Statutes, is reenacted
423to read:
424     435.07  Exemptions from disqualification.--Unless otherwise
425provided by law, the provisions of this section shall apply to
426exemptions from disqualification.
427     (2)  Persons employed by treatment providers who treat
428adolescents 13 years of age and older who are disqualified from
429employment solely because of crimes under s. 817.563, s. 893.13,
430or s. 893.147 may be exempted from disqualification from
431employment pursuant to this section without the 3-year waiting
432period.
433     Section 9.  For the purpose of incorporating the amendments
434to sections 893.13 and 893.135, Florida Statutes, in references
435thereto, paragraph (a) of subsection (2) of section 772.12,
436Florida Statutes, is reenacted to read:
437     772.12  Drug Dealer Liability Act.--
438     (2)  A person, including any governmental entity, has a
439cause of action for threefold the actual damages sustained and
440is entitled to minimum damages in the amount of $1,000 and
441reasonable attorney's fees and court costs in the trial and
442appellate courts, if the person proves by the greater weight of
443the evidence that:
444     (a)  The person was injured because of the defendant's
445actions that resulted in the defendant's conviction for:
446     1.  A violation of s. 893.13, except for a violation of s.
447893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
448     2.  A violation of s. 893.135; and
449     Section 10.  For the purpose of incorporating the amendment
450to section 893.135, Florida Statutes, in references thereto,
451paragraph (a) of subsection (2) and paragraph (a) of subsection
452(3) of section 775.087, Florida Statutes, are reenacted to read:
453     775.087  Possession or use of weapon; aggravated battery;
454felony reclassification; minimum sentence.--
455     (2)(a)1.  Any person who is convicted of a felony or an
456attempt to commit a felony, regardless of whether the use of a
457weapon is an element of the felony, and the conviction was for:
458     a.  Murder;
459     b.  Sexual battery;
460     c.  Robbery;
461     d.  Burglary;
462     e.  Arson;
463     f.  Aggravated assault;
464     g.  Aggravated battery;
465     h.  Kidnapping;
466     i.  Escape;
467     j.  Aircraft piracy;
468     k.  Aggravated child abuse;
469     l.  Aggravated abuse of an elderly person or disabled
470adult;
471     m.  Unlawful throwing, placing, or discharging of a
472destructive device or bomb;
473     n.  Carjacking;
474     o.  Home-invasion robbery;
475     p.  Aggravated stalking;
476     q.  Trafficking in cannabis, trafficking in cocaine,
477capital importation of cocaine, trafficking in illegal drugs,
478capital importation of illegal drugs, trafficking in
479phencyclidine, capital importation of phencyclidine, trafficking
480in methaqualone, capital importation of methaqualone,
481trafficking in amphetamine, capital importation of amphetamine,
482trafficking in flunitrazepam, trafficking in gamma-
483hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
484trafficking in Phenethylamines, or other violation of s.
485893.135(1); or
486     r.  Possession of a firearm by a felon
487
488and during the commission of the offense, such person actually
489possessed a "firearm" or "destructive device" as those terms are
490defined in s. 790.001, shall be sentenced to a minimum term of
491imprisonment of 10 years, except that a person who is convicted
492for aggravated assault, possession of a firearm by a felon, or
493burglary of a conveyance shall be sentenced to a minimum term of
494imprisonment of 3 years if such person possessed a "firearm" or
495"destructive device" during the commission of the offense.
496     2.  Any person who is convicted of a felony or an attempt
497to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
498regardless of whether the use of a weapon is an element of the
499felony, and during the course of the commission of the felony
500such person discharged a "firearm" or "destructive device" as
501defined in s. 790.001 shall be sentenced to a minimum term of
502imprisonment of 20 years.
503     3.  Any person who is convicted of a felony or an attempt
504to commit a felony listed in sub-subparagraphs (a)1.a.-q.,
505regardless of whether the use of a weapon is an element of the
506felony, and during the course of the commission of the felony
507such person discharged a "firearm" or "destructive device" as
508defined in s. 790.001 and, as the result of the discharge, death
509or great bodily harm was inflicted upon any person, the
510convicted person shall be sentenced to a minimum term of
511imprisonment of not less than 25 years and not more than a term
512of imprisonment of life in prison.
513     (3)(a)1.  Any person who is convicted of a felony or an
514attempt to commit a felony, regardless of whether the use of a
515firearm is an element of the felony, and the conviction was for:
516     a.  Murder;
517     b.  Sexual battery;
518     c.  Robbery;
519     d.  Burglary;
520     e.  Arson;
521     f.  Aggravated assault;
522     g.  Aggravated battery;
523     h.  Kidnapping;
524     i.  Escape;
525     j.  Sale, manufacture, delivery, or intent to sell,
526manufacture, or deliver any controlled substance;
527     k.  Aircraft piracy;
528     l.  Aggravated child abuse;
529     m.  Aggravated abuse of an elderly person or disabled
530adult;
531     n.  Unlawful throwing, placing, or discharging of a
532destructive device or bomb;
533     o.  Carjacking;
534     p.  Home-invasion robbery;
535     q.  Aggravated stalking; or
536     r.  Trafficking in cannabis, trafficking in cocaine,
537capital importation of cocaine, trafficking in illegal drugs,
538capital importation of illegal drugs, trafficking in
539phencyclidine, capital importation of phencyclidine, trafficking
540in methaqualone, capital importation of methaqualone,
541trafficking in amphetamine, capital importation of amphetamine,
542trafficking in flunitrazepam, trafficking in gamma-
543hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol,
544trafficking in Phenethylamines, or other violation of s.
545893.135(1);
546
547and during the commission of the offense, such person possessed
548a semiautomatic firearm and its high-capacity detachable box
549magazine or a machine gun as defined in s. 790.001, shall be
550sentenced to a minimum term of imprisonment of 15 years.
551     2.  Any person who is convicted of a felony or an attempt
552to commit a felony listed in subparagraph (a)1., regardless of
553whether the use of a weapon is an element of the felony, and
554during the course of the commission of the felony such person
555discharged a semiautomatic firearm and its high-capacity box
556magazine or a "machine gun" as defined in s. 790.001 shall be
557sentenced to a minimum term of imprisonment of 20 years.
558     3.  Any person who is convicted of a felony or an attempt
559to commit a felony listed in subparagraph (a)1., regardless of
560whether the use of a weapon is an element of the felony, and
561during the course of the commission of the felony such person
562discharged a semiautomatic firearm and its high-capacity box
563magazine or a "machine gun" as defined in s. 790.001 and, as the
564result of the discharge, death or great bodily harm was
565inflicted upon any person, the convicted person shall be
566sentenced to a minimum term of imprisonment of not less than 25
567years and not more than a term of imprisonment of life in
568prison.
569     Section 11.  For the purpose of incorporating the amendment
570to section 893.135, Florida Statutes, in references thereto,
571paragraph (a) of subsection (1), paragraph (a) of subsection
572(3), and paragraph (a) of subsection (4) of section 782.04,
573Florida Statutes, are reenacted to read:
574     782.04  Murder.--
575     (1)(a)  The unlawful killing of a human being:
576     1.  When perpetrated from a premeditated design to effect
577the death of the person killed or any human being;
578     2.  When committed by a person engaged in the perpetration
579of, or in the attempt to perpetrate, any:
580     a.  Trafficking offense prohibited by s. 893.135(1),
581     b.  Arson,
582     c.  Sexual battery,
583     d.  Robbery,
584     e.  Burglary,
585     f.  Kidnapping,
586     g.  Escape,
587     h.  Aggravated child abuse,
588     i.  Aggravated abuse of an elderly person or disabled
589adult,
590     j.  Aircraft piracy,
591     k.  Unlawful throwing, placing, or discharging of a
592destructive device or bomb,
593     l.  Carjacking,
594     m.  Home-invasion robbery,
595     n.  Aggravated stalking,
596     o.  Murder of another human being,
597     p.  Resisting an officer with violence to his or her
598person,
599     q.  Felony that is an act of terrorism or is in furtherance
600of an act of terrorism; or
601     3.  Which resulted from the unlawful distribution of any
602substance controlled under s. 893.03(1), cocaine as described in
603s. 893.03(2)(a)4., or opium or any synthetic or natural salt,
604compound, derivative, or preparation of opium by a person 18
605years of age or older, when such drug is proven to be the
606proximate cause of the death of the user,
607
608is murder in the first degree and constitutes a capital felony,
609punishable as provided in s. 775.082.
610     (3)  When a person is killed in the perpetration of, or in
611the attempt to perpetrate, any:
612     (a)  Trafficking offense prohibited by s. 893.135(1),
613
614by a person other than the person engaged in the perpetration of
615or in the attempt to perpetrate such felony, the person
616perpetrating or attempting to perpetrate such felony is guilty
617of murder in the second degree, which constitutes a felony of
618the first degree, punishable by imprisonment for a term of years
619not exceeding life or as provided in s. 775.082, s. 775.083, or
620s. 775.084.
621     (4)  The unlawful killing of a human being, when
622perpetrated without any design to effect death, by a person
623engaged in the perpetration of, or in the attempt to perpetrate,
624any felony other than any:
625     (a)  Trafficking offense prohibited by s. 893.135(1),
626
627is murder in the third degree and constitutes a felony of the
628second degree, punishable as provided in s. 775.082, s. 775.083,
629or s. 775.084.
630     Section 12.  For the purpose of incorporating the amendment
631to section 893.033, Florida Statutes, in a reference thereto,
632subsection (12) of section 893.02, Florida Statutes, is
633reenacted to read:
634     893.02  Definitions.--The following words and phrases as
635used in this chapter shall have the following meanings, unless
636the context otherwise requires:
637     (12)  "Listed chemical" means any precursor chemical or
638essential chemical named or described in s. 893.033.
639     Section 13.  For the purpose of incorporating the
640amendments to sections 893.13 and 893.135, Florida Statutes, in
641references thereto, subsection (1) of section 893.1351, Florida
642Statutes, is reenacted to read:
643     893.1351  Lease or rent for the purpose of trafficking in a
644controlled substance.--
645     (1)  A person may not lease or rent any place, structure,
646or part thereof, trailer, or other conveyance, with the
647knowledge that such place, structure, trailer, or conveyance
648will be used for the purpose of trafficking in a controlled
649substance, as provided in s. 893.135, or the sale of a
650controlled substance, as provided in s. 893.13.
651     Section 14.  For the purpose of incorporating the
652amendments to sections 893.13 and 893.135, Florida Statutes, in
653references thereto, section 903.133, Florida Statutes, is
654reenacted to read:
655     903.133  Bail on appeal; prohibited for certain felony
656convictions.--Notwithstanding the provisions of s. 903.132, no
657person adjudged guilty of a felony of the first degree for a
658violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
659806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
660violation of s. 794.011(2) or (3), shall be admitted to bail
661pending review either by posttrial motion or appeal.
662     Section 15.  For the purpose of incorporating the amendment
663to section 893.135, Florida Statutes, in a reference thereto,
664paragraph (c) of subsection (4) of section 907.041, Florida
665Statutes, is reenacted to read:
666     907.041  Pretrial detention and release.--
667     (4)  PRETRIAL DETENTION.--
668     (c)  The court may order pretrial detention if it finds a
669substantial probability, based on a defendant's past and present
670patterns of behavior, the criteria in s. 903.046, and any other
671relevant facts, that any of the following circumstances exists:
672     1.  The defendant has previously violated conditions of
673release and that no further conditions of release are reasonably
674likely to assure the defendant's appearance at subsequent
675proceedings;
676     2.  The defendant, with the intent to obstruct the judicial
677process, has threatened, intimidated, or injured any victim,
678potential witness, juror, or judicial officer, or has attempted
679or conspired to do so, and that no condition of release will
680reasonably prevent the obstruction of the judicial process;
681     3.  The defendant is charged with trafficking in controlled
682substances as defined by s. 893.135, that there is a substantial
683probability that the defendant has committed the offense, and
684that no conditions of release will reasonably assure the
685defendant's appearance at subsequent criminal proceedings; or
686     4.  The defendant is charged with DUI manslaughter, as
687defined by s. 316.193, and that there is a substantial
688probability that the defendant committed the crime and that the
689defendant poses a threat of harm to the community; conditions
690that would support a finding by the court pursuant to this
691subparagraph that the defendant poses a threat of harm to the
692community include, but are not limited to, any of the following:
693     a.  The defendant has previously been convicted of any
694crime under s. 316.193, or of any crime in any other state or
695territory of the United States that is substantially similar to
696any crime under s. 316.193;
697     b.  The defendant was driving with a suspended driver's
698license when the charged crime was committed; or
699     c.  The defendant has previously been found guilty of, or
700has had adjudication of guilt withheld for, driving while the
701defendant's driver's license was suspended or revoked in
702violation of s. 322.34;
703     5.  The defendant poses the threat of harm to the
704community. The court may so conclude, if it finds that the
705defendant is presently charged with a dangerous crime, that
706there is a substantial probability that the defendant committed
707such crime, that the factual circumstances of the crime indicate
708a disregard for the safety of the community, and that there are
709no conditions of release reasonably sufficient to protect the
710community from the risk of physical harm to persons.
711     6.  The defendant was on probation, parole, or other
712release pending completion of sentence or on pretrial release
713for a dangerous crime at the time the current offense was
714committed; or
715     7.  The defendant has violated one or more conditions of
716pretrial release or bond for the offense currently before the
717court and the violation, in the discretion of the court,
718supports a finding that no conditions of release can reasonably
719protect the community from risk of physical harm to persons or
720assure the presence of the accused at trial.
721     Section 16.  For the purpose of incorporating the amendment
722to section 893.135, Florida Statutes, in references thereto,
723paragraphs (g) and  (i) of subsection (3) of section 921.0022,
724Florida Statutes, are reenacted to read:
725     921.0022  Criminal Punishment Code; offense severity
726ranking chart.--
727     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatuteFelonyDegree
Description
728
 


(g)  LEVEL 7
729
 
316.027(1)(b)2ndAccident involving death, failure to stop; leaving scene.
730
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
731
 
327.35(3)(c)2.3rdVessel BUI resulting in serious bodily injury.
732
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
733
 
409.920(2)3rdMedicaid provider fraud.
734
 
456.065(2)3rdPracticing a health care profession without a license.
735
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
736
 
458.327(1)3rdPracticing medicine without a license.
737
 
459.013(1)3rdPracticing osteopathic medicine without a license.
738
 
460.411(1)3rdPracticing chiropractic medicine without a license.
739
 
461.012(1)3rdPracticing podiatric medicine without a license.
740
 
462.173rdPracticing naturopathy without a license.
741
 
463.015(1)3rdPracticing optometry without a license.
742
 
464.016(1)3rdPracticing nursing without a license.
743
 
465.015(2)3rdPracticing pharmacy without a license.
744
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
745
 
467.2013rdPracticing midwifery without a license.
746
 
468.3663rdDelivering respiratory care services without a license.
747
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
748
 
483.901(9)3rdPracticing medical physics without a license.
749
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
750
 
484.0533rdDispensing hearing aids without a license.
751
 
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.
752
 
560.123(8)(b)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
753
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
754
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
755
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
756
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
757
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
758
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
759
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
760
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
761
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
762
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
763
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
764
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
765
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
766
 
784.081(1)1stAggravated battery on specified official or employee.
767
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
768
 
784.083(1)1stAggravated battery on code inspector.
769
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
770
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
771
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
772
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
773
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
774
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
775
 
796.032ndProcuring any person under 16 years for prostitution.
776
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
777
 
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.
778
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
779
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
780
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
781
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
782
 
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.
783
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
784
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
785
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
786
 
812.131(2)(a)2ndRobbery by sudden snatching.
787
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
788
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
789
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
790
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
791
 
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.
792
 
825.102(3)(b)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
793
 
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.
794
 
827.03(3)(b)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
795
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
796
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
797
 
838.0152ndBribery.
798
 
838.0162ndUnlawful compensation or reward for official behavior.
799
 
838.021(3)(a)2ndUnlawful harm to a public servant.
800
 
838.222ndBid tampering.
801
 
872.062ndAbuse of a dead human body.
802
 
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.
803
 
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.
804
 
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).
805
 
893.135(1)(a)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
806
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
807
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
808
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
809
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
810
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
811
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
812
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
813
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
814
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
815
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
816
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
817
 


(i)  LEVEL 9
818
 
316.193(3)(c)3.b.1stDUI manslaughter; failing to render aid or give information.
819
 
327.35(3)(c)3.b.1stBUI manslaughter; failing to render aid or give information.
820
 
499.00531stSale or purchase of contraband legend drugs resulting in great bodily harm.
821
 
560.123(8)(b)3.1stFailure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
822
 
560.125(5)(c)1stMoney transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
823
 
655.50(10)(b)3.1stFailure to report financial transactions totaling or exceeding $100,000 by financial institution.
824
 
775.08441stAggravated white collar crime.
825
 
782.04(1)1stAttempt, conspire, or solicit to commit premeditated murder.
826
 
782.04(3)1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
827
 
782.051(1)1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
828
 
782.07(2)1st Aggravated manslaughter of an elderly person or disabled adult.
829
 
787.01(1)(a)1.1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
830
 
787.01(1)(a)2.1st,PBLKidnapping with intent to commit or facilitate commission of any felony.
831
 
787.01(1)(a)4.1st,PBLKidnapping with intent to interfere with performance of any governmental or political function.
832
 
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.
833
 
790.1611stAttempted capital destructive device offense.
834
 
790.166(2)1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
835
 
794.011(2)1st Attempted sexual battery; victim less than 12 years of age.
836
 
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
837
 
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
838
 
794.011(8)(b)1stSexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
839
 
800.04(5)(b)1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
840
 
812.13(2)(a)1st,PBL Robbery with firearm or other deadly weapon.
841
 
812.133(2)(a)1st,PBLCarjacking; firearm or other deadly weapon.
842
 
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.
843
 
827.03(2)1st Aggravated child abuse.
844
 
847.0145(1)1stSelling, or otherwise transferring custody or control, of a minor.
845
 
847.0145(2)1stPurchasing, or otherwise obtaining custody or control, of a minor.
846
 
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.
847
 
893.1351stAttempted capital trafficking offense.
848
 
893.135(1)(a)3.1stTrafficking in cannabis, more than 10,000 lbs.
849
 
893.135(1)(b)1.c.1stTrafficking in cocaine, more than 400 grams, less than 150 kilograms.
850
 
893.135(1)(c)1.c.1stTrafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
851
 
893.135(1)(d)1.c.1stTrafficking in phencyclidine, more than 400 grams.
852
 
893.135(1)(e)1.c.1stTrafficking in methaqualone, more than 25 kilograms.
853
 
893.135(1)(f)1.c.1stTrafficking in amphetamine, more than 200 grams.
854
 
893.135(1)(h)1.c.1stTrafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
855
 
893.135(1)(j)1.c.1stTrafficking in 1,4-Butanediol, 10 kilograms or more.
856
 
893.135(1)(k)2.c.1stTrafficking in Phenethylamines, 400 grams or more.
857
 
896.101(5)(c)1stMoney laundering, financial instruments totaling or exceeding $100,000.
858
 
896.104(4)(a)3.1stStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
859
860     Section 17.  For the purpose of incorporating the amendment
861to section 893.135, Florida Statutes, in references thereto,
862subsection (1) of section 921.0024, Florida Statutes, is
863reenacted to read:
864     921.0024  Criminal Punishment Code; worksheet computations;
865scoresheets.--
866     (1)(a)  The Criminal Punishment Code worksheet is used to
867compute the subtotal and total sentence points as follows:
868
869
FLORIDA CRIMINAL PUNISHMENT CODE
870WORKSHEET
871
872
OFFENSE SCORE
873
874
Primary Offense
 
Primary OffenseLevel
Sentence Points

Total
875
876
 




877
 
10
116
=
_____
878
 
9
92
=
_____
879
 
8
74
=
_____
880
 
7
56
=
_____
881
 
6
36
=
_____
882
 
5
28
=
_____
883
 
4
22
=
_____
884
 
3
16
=
_____
885
 
2
10
=
_____
886
 
1
4
=
_____
887
 




888
 



Total        
889
890
891
Additional Offenses
 
Additional OffensesLevel
Sentence Points

Counts

Total
892
893
 






894
 
10
58
x
_____
=
_____
895
 
9
46
x
_____
=
_____
896
 
8
37
x
_____
=
_____
897
 
7
28
x
_____
=
_____
898
 
6
18
x
_____
=
_____
899
 
5
5.4
x
_____
=
_____
900
 
4
3.6
x
_____
=
_____
901
 
3
2.4
x
_____
=
_____
902
 
2
1.2
x
_____
=
_____
903
 
1
0.7
x
_____
=
_____
904
 
M
0.2
x
_____
=
_____
905
 






906
 





Total        
907
908
909
Victim Injury
 
Victim InjuryLevel
Sentence Points

Number

Total
910
911
 






912
 
2nd degree  murder-  death
240
x
_____
=
_____
913
 
Death
120
x
_____
=
_____
914
 
Severe
40
x
_____
=
_____
915
 
Moderate
18
x
_____
=
_____
916
 
Slight
4
x
_____
=
_____
917
 
Sexual  Penetration
80
x
_____
=
_____
918
 
Sexual contact
40
x
_____
=
_____
919
 






920
 





Total        
921
922
923Primary Offense + Additional Offenses + Victim Injury =
924
TOTAL OFFENSE SCORE
925
926
PRIOR RECORD SCORE
927
928
Prior Record
 
Prior RecordLevel
Sentence Points

Number

Total
929
930
 






931
 
10
29
x
_____
=
_____
932
 
9
23
x
_____
=
_____
933
 
8
19
x
_____
=
_____
934
 
7
14
x
_____
=
_____
935
 
6
9
x
_____
=
_____
936
 
5
3.6
x
_____
=
_____
937
 
4
2.4
x
_____
=
_____
938
 
3
1.6
x
_____
=
_____
939
 
2
0.8
x
_____
=
_____
940
 
1
0.5
x
_____
=
_____
941
 
M
0.2
x
_____
=
_____
942
 






943
 





Total        
944
945
946   TOTAL OFFENSE SCORE
947   TOTAL PRIOR RECORD SCORE
948
949   LEGAL STATUS
950   COMMUNITY SANCTION VIOLATION
951   PRIOR SERIOUS FELONY
952   PRIOR CAPITAL FELONY
953   FIREARM OR SEMIAUTOMATIC WEAPON
954SUBTOTAL__________
955
956   PRISON RELEASEE REOFFENDER (no)(yes)
957   VIOLENT CAREER CRIMINAL (no)(yes)
958   HABITUAL VIOLENT OFFENDER (no)(yes)
959   HABITUAL OFFENDER (no)(yes)
960   DRUG TRAFFICKER (no)(yes) (x multiplier)
961   LAW ENF. PROTECT. (no)(yes) (x multiplier)
962   MOTOR VEHICLE THEFT (no)(yes) (x multiplier)
963   CRIMINAL STREET GANG OFFENSE (no)(yes) (x multiplier)
964   DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
965(x multiplier)
966
967TOTAL SENTENCE POINTS__________
968
969
(b)  WORKSHEET KEY:
970
971Legal status points are assessed when any form of legal status
972existed at the time the offender committed an offense before the
973court for sentencing. Four (4) sentence points are assessed for
974an offender's legal status.
975
976Community sanction violation points are assessed when a
977community sanction violation is before the court for sentencing.
978Six (6) sentence points are assessed for each community sanction
979violation, and each successive community sanction violation;
980however, if the community sanction violation includes a new
981felony conviction before the sentencing court, twelve (12)
982community sanction violation points are assessed for such
983violation, and for each successive community sanction violation
984involving a new felony conviction. Multiple counts of community
985sanction violations before the sentencing court shall not be a
986basis for multiplying the assessment of community sanction
987violation points.
988
989Prior serious felony points: If the offender has a primary
990offense or any additional offense ranked in level 8, level 9, or
991level 10, and one or more prior serious felonies, a single
992assessment of 30 points shall be added. For purposes of this
993section, a prior serious felony is an offense in the offender's
994prior record that is ranked in level 8, level 9, or level 10
995under s. 921.0022 or s. 921.0023 and for which the offender is
996serving a sentence of confinement, supervision, or other
997sanction or for which the offender's date of release from
998confinement, supervision, or other sanction, whichever is later,
999is within 3 years before the date the primary offense or any
1000additional offense was committed.
1001
1002Prior capital felony points: If the offender has one or more
1003prior capital felonies in the offender's criminal record, points
1004shall be added to the subtotal sentence points of the offender
1005equal to twice the number of points the offender receives for
1006the primary offense and any additional offense. A prior capital
1007felony in the offender's criminal record is a previous capital
1008felony offense for which the offender has entered a plea of nolo
1009contendere or guilty or has been found guilty; or a felony in
1010another jurisdiction which is a capital felony in that
1011jurisdiction, or would be a capital felony if the offense were
1012committed in this state.
1013
1014Possession of a firearm, semiautomatic firearm, or machine gun:
1015If the offender is convicted of committing or attempting to
1016commit any felony other than those enumerated in s. 775.087(2)
1017while having in his or her possession: a firearm as defined in
1018s. 790.001(6), an additional 18 sentence points are assessed; or
1019if the offender is convicted of committing or attempting to
1020commit any felony other than those enumerated in s. 775.087(3)
1021while having in his or her possession a semiautomatic firearm as
1022defined in s. 775.087(3) or a machine gun as defined in s.
1023790.001(9), an additional 25 sentence points are assessed.
1024
1025Sentencing multipliers:
1026
1027Drug trafficking: If the primary offense is drug trafficking
1028under s. 893.135, the subtotal sentence points are multiplied,
1029at the discretion of the court, for a level 7 or level 8
1030offense, by 1.5. The state attorney may move the sentencing
1031court to reduce or suspend the sentence of a person convicted of
1032a level 7 or level 8 offense, if the offender provides
1033substantial assistance as described in s. 893.135(4).
1034
1035Law enforcement protection: If the primary offense is a
1036violation of the Law Enforcement Protection Act under s.
1037775.0823(2), the subtotal sentence points are multiplied by 2.5.
1038If the primary offense is a violation of s. 775.0823(3), (4),
1039(5), (6), (7), or (8), the subtotal sentence points are
1040multiplied by 2.0. If the primary offense is a violation of s.
1041784.07(3) or s. 775.0875(1), or of the Law Enforcement
1042Protection Act under s. 775.0823(9) or (10), the subtotal
1043sentence points are multiplied by 1.5.
1044
1045Grand theft of a motor vehicle: If the primary offense is grand
1046theft of the third degree involving a motor vehicle and in the
1047offender's prior record, there are three or more grand thefts of
1048the third degree involving a motor vehicle, the subtotal
1049sentence points are multiplied by 1.5.
1050
1051Offense related to a criminal street gang: If the offender is
1052convicted of the primary offense and committed that offense for
1053the purpose of benefiting, promoting, or furthering the
1054interests of a criminal street gang as prohibited under s.
1055874.04, the subtotal sentence points are multiplied by 1.5.
1056
1057Domestic violence in the presence of a child: If the offender is
1058convicted of the primary offense and the primary offense is a
1059crime of domestic violence, as defined in s. 741.28, which was
1060committed in the presence of a child under 16 years of age who
1061is a family household member as defined in s. 741.28(2) with the
1062victim or perpetrator, the subtotal sentence points are
1063multiplied by 1.5.
1064     Section 18.  For the purpose of incorporating the amendment
1065to section 893.135, Florida Statutes, in a reference thereto,
1066subsection (2) of section 921.142, Florida Statutes, is
1067reenacted to read:
1068     921.142  Sentence of death or life imprisonment for capital
1069drug trafficking felonies; further proceedings to determine
1070sentence.--
1071     (2)  SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.--Upon
1072conviction or adjudication of guilt of a defendant of a capital
1073felony under s. 893.135, the court shall conduct a separate
1074sentencing proceeding to determine whether the defendant should
1075be sentenced to death or life imprisonment as authorized by s.
1076775.082. The proceeding shall be conducted by the trial judge
1077before the trial jury as soon as practicable. If, through
1078impossibility or inability, the trial jury is unable to
1079reconvene for a hearing on the issue of penalty, having
1080determined the guilt of the accused, the trial judge may summon
1081a special juror or jurors as provided in chapter 913 to
1082determine the issue of the imposition of the penalty. If the
1083trial jury has been waived, or if the defendant pleaded guilty,
1084the sentencing proceeding shall be conducted before a jury
1085impaneled for that purpose, unless waived by the defendant. In
1086the proceeding, evidence may be presented as to any matter that
1087the court deems relevant to the nature of the crime and the
1088character of the defendant and shall include matters relating to
1089any of the aggravating or mitigating circumstances enumerated in
1090subsections (6) and (7). Any such evidence which the court deems
1091to have probative value may be received, regardless of its
1092admissibility under the exclusionary rules of evidence, provided
1093the defendant is accorded a fair opportunity to rebut any
1094hearsay statements. However, this subsection shall not be
1095construed to authorize the introduction of any evidence secured
1096in violation of the Constitution of the United States or the
1097Constitution of the State of Florida. The state and the
1098defendant or the defendant's counsel shall be permitted to
1099present argument for or against sentence of death.
1100     Section 19.  For the purpose of incorporating the amendment
1101to section 893.13, Florida Statutes, in references thereto,
1102subsection (1) of section 921.187, Florida Statutes, is
1103reenacted to read:
1104     921.187  Disposition and sentencing; alternatives;
1105restitution.--
1106     (1)  The alternatives provided in this section for the
1107disposition of criminal cases shall be used in a manner that
1108will best serve the needs of society, punish criminal offenders,
1109and provide the opportunity for rehabilitation.
1110     (a)  If the offender does not receive a state prison
1111sentence, the court may:
1112     1.  Impose a split sentence whereby the offender is to be
1113placed on probation upon completion of any specified period of
1114such sentence, which period may include a term of years or less.
1115     2.  Make any other disposition that is authorized by law.
1116     3.  Place the offender on probation with or without an
1117adjudication of guilt pursuant to s. 948.01.
1118     4.  Impose a fine and probation pursuant to s. 948.011 when
1119the offense is punishable by both a fine and imprisonment and
1120probation is authorized.
1121     5.  Place the offender into community control requiring
1122intensive supervision and surveillance pursuant to chapter 948.
1123     6.  Impose, as a condition of probation or community
1124control, a period of treatment which shall be restricted to a
1125county facility, a Department of Corrections probation and
1126restitution center, a probation program drug punishment
1127treatment community, or a community residential or
1128nonresidential facility, excluding a community correctional
1129center as defined in s. 944.026, which is owned and operated by
1130any qualified public or private entity providing such services.
1131Before admission to such a facility, the court shall obtain an
1132individual assessment and recommendations on the appropriate
1133treatment needs, which shall be considered by the court in
1134ordering such placements. Placement in such a facility, except
1135for a county residential probation facility, may not exceed 364
1136days. Placement in a county residential probation facility may
1137not exceed 3 years. Early termination of placement may be
1138recommended to the court, when appropriate, by the center
1139supervisor, the supervising probation officer, or the probation
1140program manager.
1141     7.  Sentence the offender pursuant to s. 922.051 to
1142imprisonment in a county jail when a statute directs
1143imprisonment in a state prison, if the offender's cumulative
1144sentence, whether from the same circuit or from separate
1145circuits, is not more than 364 days.
1146     8.  Sentence the offender who is to be punished by
1147imprisonment in a county jail to a jail in another county if
1148there is no jail within the county suitable for such prisoner
1149pursuant to s. 950.01.
1150     9.  Require the offender to participate in a work-release
1151or educational or technical training program pursuant to s.
1152951.24 while serving a sentence in a county jail, if such a
1153program is available.
1154     10.  Require the offender to perform a specified public
1155service pursuant to s. 775.091.
1156     11.  Require the offender who violates chapter 893 or
1157violates any law while under the influence of a controlled
1158substance or alcohol to participate in a substance abuse
1159program.
1160     12.a.  Require the offender who violates any criminal
1161provision of chapter 893 to pay an additional assessment in an
1162amount up to the amount of any fine imposed, pursuant to ss.
1163938.21 and 938.23.
1164     b.  Require the offender who violates any provision of s.
1165893.13 to pay an additional assessment in an amount of $100,
1166pursuant to ss. 938.25 and 943.361.
1167     13.  Impose a split sentence whereby the offender is to be
1168placed in a county jail or county work camp upon the completion
1169of any specified term of community supervision.
1170     14.  Impose split probation whereby upon satisfactory
1171completion of half the term of probation, the Department of
1172Corrections may place the offender on administrative probation
1173pursuant to s. 948.01 for the remainder of the term of
1174supervision.
1175     15.  Require residence in a state probation and restitution
1176center or private drug treatment program for offenders on
1177community control or offenders who have violated conditions of
1178probation.
1179     16.  Impose any other sanction which is provided within the
1180community and approved as an intermediate sanction by the county
1181public safety coordinating council as described in s. 951.26.
1182     17.  Impose, as a condition of community control,
1183probation, or probation following incarceration, a requirement
1184that an offender who has not obtained a high school diploma or
1185high school equivalency diploma or who lacks basic or functional
1186literacy skills, upon acceptance by an adult education program,
1187make a good faith effort toward completion of such basic or
1188functional literacy skills or high school equivalency diploma,
1189as defined in s. 1003.435, in accordance with the assessed adult
1190general education needs of the individual offender.
1191     (b)1.  Notwithstanding any provision of former s. 921.001
1192or s. 921.002 to the contrary, on or after October 1, 1993, the
1193court may require any defendant who violates s. 893.13(1)(a)1.,
1194(1)(c)2., (1)(d)2., (2)(a)1., or (5)(a), and meets the criteria
1195described in s. 893.13(10), to successfully complete a term of
1196probation pursuant to the terms and conditions set forth in s.
1197948.034(1), in lieu of serving a term of imprisonment.
1198     2.  Notwithstanding any provision of former s. 921.001 or
1199s. 921.002 to the contrary, on or after October 1, 1993, the
1200court may require any defendant who violates s. 893.13(1)(a)2.,
1201(2)(a)2., (5)(b), or (6)(a), and meets the criteria described in
1202s. 893.13(11), to successfully complete a term of probation
1203pursuant to the terms and conditions set forth in s. 948.034(2),
1204in lieu of serving a term of imprisonment.
1205     Section 20.  For the purpose of incorporating the amendment
1206to section 893.13, Florida Statutes, in a reference thereto,
1207section 938.25, Florida Statutes, is reenacted to read:
1208     938.25  Operating Trust Fund of the Department of Law
1209Enforcement.--Notwithstanding any provision to the contrary of
1210the laws of this state, the court may assess any defendant who
1211pleads guilty or nolo contendere to, or is convicted of, a
1212violation of any provision of s. 893.13, without regard to
1213whether adjudication was withheld, in addition to any fine and
1214other penalty provided or authorized by law, an amount of $100,
1215to be paid to the clerk of the court, who shall forward it to
1216the Department of Revenue for deposit in the Operating Trust
1217Fund of the Department of Law Enforcement to be used by the
1218statewide criminal analysis laboratory system for the purposes
1219specified in s. 943.361. The court is authorized to order a
1220defendant to pay an additional assessment if it finds that the
1221defendant has the ability to pay the fine and the additional
1222assessment and will not be prevented thereby from being
1223rehabilitated or from making restitution.
1224     Section 21.  For the purpose of incorporating the amendment
1225to section 893.135, Florida Statutes, in references thereto,
1226section 943.0585, Florida Statutes, is reenacted to read:
1227     943.0585  Court-ordered expunction of criminal history
1228records.--The courts of this state have jurisdiction over their
1229own procedures, including the maintenance, expunction, and
1230correction of judicial records containing criminal history
1231information to the extent such procedures are not inconsistent
1232with the conditions, responsibilities, and duties established by
1233this section. Any court of competent jurisdiction may order a
1234criminal justice agency to expunge the criminal history record
1235of a minor or an adult who complies with the requirements of
1236this section. The court shall not order a criminal justice
1237agency to expunge a criminal history record until the person
1238seeking to expunge a criminal history record has applied for and
1239received a certificate of eligibility for expunction pursuant to
1240subsection (2). A criminal history record that relates to a
1241violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1242817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1243847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1244s. 907.041 may not be expunged, without regard to whether
1245adjudication was withheld, if the defendant was found guilty of
1246or pled guilty or nolo contendere to the offense, or if the
1247defendant, as a minor, was found to have committed, or pled
1248guilty or nolo contendere to committing, the offense as a
1249delinquent act. The court may only order expunction of a
1250criminal history record pertaining to one arrest or one incident
1251of alleged criminal activity, except as provided in this
1252section. The court may, at its sole discretion, order the
1253expunction of a criminal history record pertaining to more than
1254one arrest if the additional arrests directly relate to the
1255original arrest. If the court intends to order the expunction of
1256records pertaining to such additional arrests, such intent must
1257be specified in the order. A criminal justice agency may not
1258expunge any record pertaining to such additional arrests if the
1259order to expunge does not articulate the intention of the court
1260to expunge a record pertaining to more than one arrest. This
1261section does not prevent the court from ordering the expunction
1262of only a portion of a criminal history record pertaining to one
1263arrest or one incident of alleged criminal activity.
1264Notwithstanding any law to the contrary, a criminal justice
1265agency may comply with laws, court orders, and official requests
1266of other jurisdictions relating to expunction, correction, or
1267confidential handling of criminal history records or information
1268derived therefrom. This section does not confer any right to the
1269expunction of any criminal history record, and any request for
1270expunction of a criminal history record may be denied at the
1271sole discretion of the court.
1272     (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
1273petition to a court to expunge a criminal history record is
1274complete only when accompanied by:
1275     (a)  A certificate of eligibility for expunction issued by
1276the department pursuant to subsection (2).
1277     (b)  The petitioner's sworn statement attesting that the
1278petitioner:
1279     1.  Has never, prior to the date on which the petition is
1280filed, been adjudicated guilty of a criminal offense or
1281comparable ordinance violation or adjudicated delinquent for
1282committing a felony or a misdemeanor specified in s.
1283943.051(3)(b).
1284     2.  Has not been adjudicated guilty of, or adjudicated
1285delinquent for committing, any of the acts stemming from the
1286arrest or alleged criminal activity to which the petition
1287pertains.
1288     3.  Has never secured a prior sealing or expunction of a
1289criminal history record under this section, former s. 893.14,
1290former s. 901.33, or former s. 943.058, or from any jurisdiction
1291outside the state.
1292     4.  Is eligible for such an expunction to the best of his
1293or her knowledge or belief and does not have any other petition
1294to expunge or any petition to seal pending before any court.
1295
1296Any person who knowingly provides false information on such
1297sworn statement to the court commits a felony of the third
1298degree, punishable as provided in s. 775.082, s. 775.083, or s.
1299775.084.
1300     (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1301petitioning the court to expunge a criminal history record, a
1302person seeking to expunge a criminal history record shall apply
1303to the department for a certificate of eligibility for
1304expunction. The department shall, by rule adopted pursuant to
1305chapter 120, establish procedures pertaining to the application
1306for and issuance of certificates of eligibility for expunction.
1307The department shall issue a certificate of eligibility for
1308expunction to a person who is the subject of a criminal history
1309record if that person:
1310     (a)  Has obtained, and submitted to the department, a
1311written, certified statement from the appropriate state attorney
1312or statewide prosecutor which indicates:
1313     1.  That an indictment, information, or other charging
1314document was not filed or issued in the case.
1315     2.  That an indictment, information, or other charging
1316document, if filed or issued in the case, was dismissed or nolle
1317prosequi by the state attorney or statewide prosecutor, or was
1318dismissed by a court of competent jurisdiction.
1319     3.  That the criminal history record does not relate to a
1320violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
1321817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
1322847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
1323s. 907.041, where the defendant was found guilty of, or pled
1324guilty or nolo contendere to any such offense, or that the
1325defendant, as a minor, was found to have committed, or pled
1326guilty or nolo contendere to committing, such an offense as a
1327delinquent act, without regard to whether adjudication was
1328withheld.
1329     (b)  Remits a $75 processing fee to the department for
1330placement in the Department of Law Enforcement Operating Trust
1331Fund, unless such fee is waived by the executive director.
1332     (c)  Has submitted to the department a certified copy of
1333the disposition of the charge to which the petition to expunge
1334pertains.
1335     (d)  Has never, prior to the date on which the application
1336for a certificate of eligibility is filed, been adjudicated
1337guilty of a criminal offense or comparable ordinance violation
1338or adjudicated delinquent for committing a felony or a
1339misdemeanor specified in s. 943.051(3)(b).
1340     (e)  Has not been adjudicated guilty of, or adjudicated
1341delinquent for committing, any of the acts stemming from the
1342arrest or alleged criminal activity to which the petition to
1343expunge pertains.
1344     (f)  Has never secured a prior sealing or expunction of a
1345criminal history record under this section, former s. 893.14,
1346former s. 901.33, or former s. 943.058.
1347     (g)  Is no longer under court supervision applicable to the
1348disposition of the arrest or alleged criminal activity to which
1349the petition to expunge pertains.
1350     (h)  Is not required to wait a minimum of 10 years prior to
1351being eligible for an expunction of such records because all
1352charges related to the arrest or criminal activity to which the
1353petition to expunge pertains were dismissed prior to trial,
1354adjudication, or the withholding of adjudication. Otherwise,
1355such criminal history record must be sealed under this section,
1356former s. 893.14, former s. 901.33, or former s. 943.058 for at
1357least 10 years before such record is eligible for expunction.
1358     (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1359     (a)  In judicial proceedings under this section, a copy of
1360the completed petition to expunge shall be served upon the
1361appropriate state attorney or the statewide prosecutor and upon
1362the arresting agency; however, it is not necessary to make any
1363agency other than the state a party. The appropriate state
1364attorney or the statewide prosecutor and the arresting agency
1365may respond to the court regarding the completed petition to
1366expunge.
1367     (b)  If relief is granted by the court, the clerk of the
1368court shall certify copies of the order to the appropriate state
1369attorney or the statewide prosecutor and the arresting agency.
1370The arresting agency is responsible for forwarding the order to
1371any other agency to which the arresting agency disseminated the
1372criminal history record information to which the order pertains.
1373The department shall forward the order to expunge to the Federal
1374Bureau of Investigation. The clerk of the court shall certify a
1375copy of the order to any other agency which the records of the
1376court reflect has received the criminal history record from the
1377court.
1378     (c)  For an order to expunge entered by a court prior to
1379July 1, 1992, the department shall notify the appropriate state
1380attorney or statewide prosecutor of an order to expunge which is
1381contrary to law because the person who is the subject of the
1382record has previously been convicted of a crime or comparable
1383ordinance violation or has had a prior criminal history record
1384sealed or expunged. Upon receipt of such notice, the appropriate
1385state attorney or statewide prosecutor shall take action, within
138660 days, to correct the record and petition the court to void
1387the order to expunge. The department shall seal the record until
1388such time as the order is voided by the court.
1389     (d)  On or after July 1, 1992, the department or any other
1390criminal justice agency is not required to act on an order to
1391expunge entered by a court when such order does not comply with
1392the requirements of this section. Upon receipt of such an order,
1393the department must notify the issuing court, the appropriate
1394state attorney or statewide prosecutor, the petitioner or the
1395petitioner's attorney, and the arresting agency of the reason
1396for noncompliance. The appropriate state attorney or statewide
1397prosecutor shall take action within 60 days to correct the
1398record and petition the court to void the order. No cause of
1399action, including contempt of court, shall arise against any
1400criminal justice agency for failure to comply with an order to
1401expunge when the petitioner for such order failed to obtain the
1402certificate of eligibility as required by this section or such
1403order does not otherwise comply with the requirements of this
1404section.
1405     (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1406criminal history record of a minor or an adult which is ordered
1407expunged by a court of competent jurisdiction pursuant to this
1408section must be physically destroyed or obliterated by any
1409criminal justice agency having custody of such record; except
1410that any criminal history record in the custody of the
1411department must be retained in all cases. A criminal history
1412record ordered expunged that is retained by the department is
1413confidential and exempt from the provisions of s. 119.07(1) and
1414s. 24(a), Art. I of the State Constitution and not available to
1415any person or entity except upon order of a court of competent
1416jurisdiction. A criminal justice agency may retain a notation
1417indicating compliance with an order to expunge.
1418     (a)  The person who is the subject of a criminal history
1419record that is expunged under this section or under other
1420provisions of law, including former s. 893.14, former s. 901.33,
1421and former s. 943.058, may lawfully deny or fail to acknowledge
1422the arrests covered by the expunged record, except when the
1423subject of the record:
1424     1.  Is a candidate for employment with a criminal justice
1425agency;
1426     2.  Is a defendant in a criminal prosecution;
1427     3.  Concurrently or subsequently petitions for relief under
1428this section or s. 943.059;
1429     4.  Is a candidate for admission to The Florida Bar;
1430     5.  Is seeking to be employed or licensed by or to contract
1431with the Department of Children and Family Services or the
1432Department of Juvenile Justice or to be employed or used by such
1433contractor or licensee in a sensitive position having direct
1434contact with children, the developmentally disabled, the aged,
1435or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1436394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1437409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
1438     6.  Is seeking to be employed or licensed by the Office of
1439Teacher Education, Certification, Staff Development, and
1440Professional Practices of the Department of Education, any
1441district school board, or any local governmental entity that
1442licenses child care facilities.
1443     (b)  Subject to the exceptions in paragraph (a), a person
1444who has been granted an expunction under this section, former s.
1445893.14, former s. 901.33, or former s. 943.058 may not be held
1446under any provision of law of this state to commit perjury or to
1447be otherwise liable for giving a false statement by reason of
1448such person's failure to recite or acknowledge an expunged
1449criminal history record.
1450     (c)  Information relating to the existence of an expunged
1451criminal history record which is provided in accordance with
1452paragraph (a) is confidential and exempt from the provisions of
1453s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1454except that the department shall disclose the existence of a
1455criminal history record ordered expunged to the entities set
1456forth in subparagraphs (a)1., 4., 5., and 6. for their
1457respective licensing and employment purposes, and to criminal
1458justice agencies for their respective criminal justice purposes.
1459It is unlawful for any employee of an entity set forth in
1460subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
1461subparagraph (a)6. to disclose information relating to the
1462existence of an expunged criminal history record of a person
1463seeking employment or licensure with such entity or contractor,
1464except to the person to whom the criminal history record relates
1465or to persons having direct responsibility for employment or
1466licensure decisions. Any person who violates this paragraph
1467commits a misdemeanor of the first degree, punishable as
1468provided in s. 775.082 or s. 775.083.
1469     (5)  STATUTORY REFERENCES.--Any reference to any other
1470chapter, section, or subdivision of the Florida Statutes in this
1471section constitutes a general reference under the doctrine of
1472incorporation by reference.
1473     Section 22.  For the purpose of incorporating the amendment
1474to section 893.135, Florida Statutes, in references thereto,
1475Section 943.059, Florida Statutes, is reenacted to read:
1476     943.059  Court-ordered sealing of criminal history
1477records.--The courts of this state shall continue to have
1478jurisdiction over their own procedures, including the
1479maintenance, sealing, and correction of judicial records
1480containing criminal history information to the extent such
1481procedures are not inconsistent with the conditions,
1482responsibilities, and duties established by this section. Any
1483court of competent jurisdiction may order a criminal justice
1484agency to seal the criminal history record of a minor or an
1485adult who complies with the requirements of this section. The
1486court shall not order a criminal justice agency to seal a
1487criminal history record until the person seeking to seal a
1488criminal history record has applied for and received a
1489certificate of eligibility for sealing pursuant to subsection
1490(2). A criminal history record that relates to a violation of s.
1491787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
1492825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
1493847.0145, s. 893.135, or a violation enumerated in s. 907.041
1494may not be sealed, without regard to whether adjudication was
1495withheld, if the defendant was found guilty of or pled guilty or
1496nolo contendere to the offense, or if the defendant, as a minor,
1497was found to have committed or pled guilty or nolo contendere to
1498committing the offense as a delinquent act. The court may only
1499order sealing of a criminal history record pertaining to one
1500arrest or one incident of alleged criminal activity, except as
1501provided in this section. The court may, at its sole discretion,
1502order the sealing of a criminal history record pertaining to
1503more than one arrest if the additional arrests directly relate
1504to the original arrest. If the court intends to order the
1505sealing of records pertaining to such additional arrests, such
1506intent must be specified in the order. A criminal justice agency
1507may not seal any record pertaining to such additional arrests if
1508the order to seal does not articulate the intention of the court
1509to seal records pertaining to more than one arrest. This section
1510does not prevent the court from ordering the sealing of only a
1511portion of a criminal history record pertaining to one arrest or
1512one incident of alleged criminal activity. Notwithstanding any
1513law to the contrary, a criminal justice agency may comply with
1514laws, court orders, and official requests of other jurisdictions
1515relating to sealing, correction, or confidential handling of
1516criminal history records or information derived therefrom. This
1517section does not confer any right to the sealing of any criminal
1518history record, and any request for sealing a criminal history
1519record may be denied at the sole discretion of the court.
1520     (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1521petition to a court to seal a criminal history record is
1522complete only when accompanied by:
1523     (a)  A certificate of eligibility for sealing issued by the
1524department pursuant to subsection (2).
1525     (b)  The petitioner's sworn statement attesting that the
1526petitioner:
1527     1.  Has never, prior to the date on which the petition is
1528filed, been adjudicated guilty of a criminal offense or
1529comparable ordinance violation or adjudicated delinquent for
1530committing a felony or a misdemeanor specified in s.
1531943.051(3)(b).
1532     2.  Has not been adjudicated guilty of or adjudicated
1533delinquent for committing any of the acts stemming from the
1534arrest or alleged criminal activity to which the petition to
1535seal pertains.
1536     3.  Has never secured a prior sealing or expunction of a
1537criminal history record under this section, former s. 893.14,
1538former s. 901.33, former s. 943.058, or from any jurisdiction
1539outside the state.
1540     4.  Is eligible for such a sealing to the best of his or
1541her knowledge or belief and does not have any other petition to
1542seal or any petition to expunge pending before any court.
1543
1544Any person who knowingly provides false information on such
1545sworn statement to the court commits a felony of the third
1546degree, punishable as provided in s. 775.082, s. 775.083, or s.
1547775.084.
1548     (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1549petitioning the court to seal a criminal history record, a
1550person seeking to seal a criminal history record shall apply to
1551the department for a certificate of eligibility for sealing. The
1552department shall, by rule adopted pursuant to chapter 120,
1553establish procedures pertaining to the application for and
1554issuance of certificates of eligibility for sealing. The
1555department shall issue a certificate of eligibility for sealing
1556to a person who is the subject of a criminal history record
1557provided that such person:
1558     (a)  Has submitted to the department a certified copy of
1559the disposition of the charge to which the petition to seal
1560pertains.
1561     (b)  Remits a $75 processing fee to the department for
1562placement in the Department of Law Enforcement Operating Trust
1563Fund, unless such fee is waived by the executive director.
1564     (c)  Has never, prior to the date on which the application
1565for a certificate of eligibility is filed, been adjudicated
1566guilty of a criminal offense or comparable ordinance violation
1567or adjudicated delinquent for committing a felony or a
1568misdemeanor specified in s. 943.051(3)(b).
1569     (d)  Has not been adjudicated guilty of or adjudicated
1570delinquent for committing any of the acts stemming from the
1571arrest or alleged criminal activity to which the petition to
1572seal pertains.
1573     (e)  Has never secured a prior sealing or expunction of a
1574criminal history record under this section, former s. 893.14,
1575former s. 901.33, or former s. 943.058.
1576     (f)  Is no longer under court supervision applicable to the
1577disposition of the arrest or alleged criminal activity to which
1578the petition to seal pertains.
1579     (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1580     (a)  In judicial proceedings under this section, a copy of
1581the completed petition to seal shall be served upon the
1582appropriate state attorney or the statewide prosecutor and upon
1583the arresting agency; however, it is not necessary to make any
1584agency other than the state a party. The appropriate state
1585attorney or the statewide prosecutor and the arresting agency
1586may respond to the court regarding the completed petition to
1587seal.
1588     (b)  If relief is granted by the court, the clerk of the
1589court shall certify copies of the order to the appropriate state
1590attorney or the statewide prosecutor and to the arresting
1591agency. The arresting agency is responsible for forwarding the
1592order to any other agency to which the arresting agency
1593disseminated the criminal history record information to which
1594the order pertains. The department shall forward the order to
1595seal to the Federal Bureau of Investigation. The clerk of the
1596court shall certify a copy of the order to any other agency
1597which the records of the court reflect has received the criminal
1598history record from the court.
1599     (c)  For an order to seal entered by a court prior to July
16001, 1992, the department shall notify the appropriate state
1601attorney or statewide prosecutor of any order to seal which is
1602contrary to law because the person who is the subject of the
1603record has previously been convicted of a crime or comparable
1604ordinance violation or has had a prior criminal history record
1605sealed or expunged. Upon receipt of such notice, the appropriate
1606state attorney or statewide prosecutor shall take action, within
160760 days, to correct the record and petition the court to void
1608the order to seal. The department shall seal the record until
1609such time as the order is voided by the court.
1610     (d)  On or after July 1, 1992, the department or any other
1611criminal justice agency is not required to act on an order to
1612seal entered by a court when such order does not comply with the
1613requirements of this section. Upon receipt of such an order, the
1614department must notify the issuing court, the appropriate state
1615attorney or statewide prosecutor, the petitioner or the
1616petitioner's attorney, and the arresting agency of the reason
1617for noncompliance. The appropriate state attorney or statewide
1618prosecutor shall take action within 60 days to correct the
1619record and petition the court to void the order. No cause of
1620action, including contempt of court, shall arise against any
1621criminal justice agency for failure to comply with an order to
1622seal when the petitioner for such order failed to obtain the
1623certificate of eligibility as required by this section or when
1624such order does not comply with the requirements of this
1625section.
1626     (e)  An order sealing a criminal history record pursuant to
1627this section does not require that such record be surrendered to
1628the court, and such record shall continue to be maintained by
1629the department and other criminal justice agencies.
1630     (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1631history record of a minor or an adult which is ordered sealed by
1632a court of competent jurisdiction pursuant to this section is
1633confidential and exempt from the provisions of s. 119.07(1) and
1634s. 24(a), Art. I of the State Constitution and is available only
1635to the person who is the subject of the record, to the subject's
1636attorney, to criminal justice agencies for their respective
1637criminal justice purposes, or to those entities set forth in
1638subparagraphs (a)1., 4., 5., and 6. for their respective
1639licensing and employment purposes.
1640     (a)  The subject of a criminal history record sealed under
1641this section or under other provisions of law, including former
1642s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1643deny or fail to acknowledge the arrests covered by the sealed
1644record, except when the subject of the record:
1645     1.  Is a candidate for employment with a criminal justice
1646agency;
1647     2.  Is a defendant in a criminal prosecution;
1648     3.  Concurrently or subsequently petitions for relief under
1649this section or s. 943.0585;
1650     4.  Is a candidate for admission to The Florida Bar;
1651     5.  Is seeking to be employed or licensed by or to contract
1652with the Department of Children and Family Services or the
1653Department of Juvenile Justice or to be employed or used by such
1654contractor or licensee in a sensitive position having direct
1655contact with children, the developmentally disabled, the aged,
1656or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
1657394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1658409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
1659400; or
1660     6.  Is seeking to be employed or licensed by the Office of
1661Teacher Education, Certification, Staff Development, and
1662Professional Practices of the Department of Education, any
1663district school board, or any local governmental entity which
1664licenses child care facilities.
1665     (b)  Subject to the exceptions in paragraph (a), a person
1666who has been granted a sealing under this section, former s.
1667893.14, former s. 901.33, or former s. 943.058 may not be held
1668under any provision of law of this state to commit perjury or to
1669be otherwise liable for giving a false statement by reason of
1670such person's failure to recite or acknowledge a sealed criminal
1671history record.
1672     (c)  Information relating to the existence of a sealed
1673criminal record provided in accordance with the provisions of
1674paragraph (a) is confidential and exempt from the provisions of
1675s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1676except that the department shall disclose the sealed criminal
1677history record to the entities set forth in subparagraphs (a)1.,
16784., 5., and 6. for their respective licensing and employment
1679purposes. It is unlawful for any employee of an entity set forth
1680in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
1681or subparagraph (a)6. to disclose information relating to the
1682existence of a sealed criminal history record of a person
1683seeking employment or licensure with such entity or contractor,
1684except to the person to whom the criminal history record relates
1685or to persons having direct responsibility for employment or
1686licensure decisions. Any person who violates the provisions of
1687this paragraph commits a misdemeanor of the first degree,
1688punishable as provided in s. 775.082 or s. 775.083.
1689     (5)  STATUTORY REFERENCES.--Any reference to any other
1690chapter, section, or subdivision of the Florida Statutes in this
1691section constitutes a general reference under the doctrine of
1692incorporation by reference.
1693     Section 23.  For the purpose of incorporating the amendment
1694to section 893.13, Florida Statutes, in references thereto,
1695subsections (1) and (2) of section 948.034, Florida Statutes,
1696are reenacted to read:
1697     948.034  Terms and conditions of probation; community
1698residential drug punishment centers.--
1699     (1)  On or after October 1, 1993, any person who violates
1700s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or (5)(a) may,
1701in the discretion of the trial court, be required to
1702successfully complete a term of probation in lieu of serving a
1703term of imprisonment as required or authorized by s. 775.084,
1704former s. 921.001, or s. 921.002, as follows:
1705     (a)  If the person has not previously been convicted of
1706violating s. 893.13(1)(a)1., (1)(c)2., (1)(d)2., (2)(a)1., or
1707(5)(a), adjudication may be withheld and the offender may be
1708placed on probation for not less than 18 months, as a condition
1709of which the court shall require the offender to reside at a
1710community residential drug punishment center for 90 days. The
1711offender must comply with all rules and regulations of the
1712center and must pay a fee for the costs of room and board and
1713residential supervision. Placement of an offender into a
1714community residential drug punishment center is subject to
1715budgetary considerations and availability of bed space. If the
1716court requires the offender to reside at a community residential
1717drug punishment center, the court shall also require the
1718offender to comply with one or more of the other following terms
1719and conditions:
1720     1.  Pay a fine of not less than $500 nor more than $10,000
1721pursuant to s. 775.083(1)(c).
1722     2.  Enter, regularly attend, and successfully complete a
1723substance abuse education program of at least 40 hours or a
1724prescribed substance abuse treatment program provided by a
1725treatment resource licensed pursuant to chapter 397 or by a
1726hospital licensed pursuant to chapter 395, as specified by the
1727court. In addition, the court may refer the offender to a
1728licensed agency for substance abuse evaluation and, if
1729appropriate, substance abuse treatment subject to the ability of
1730the offender to pay for such evaluation and treatment. If such
1731referral is made, the offender must comply and must pay for the
1732reasonable cost of the evaluation and treatment.
1733     3.  Perform at least 100 hours of public service.
1734     4.  Submit to routine and random drug testing which may be
1735conducted during the probationary period, with the reasonable
1736costs thereof borne by the offender.
1737     5.  Participate, at his or her own expense, in an
1738appropriate self-help group, such as Narcotics Anonymous,
1739Alcoholics Anonymous, or Cocaine Anonymous, if available.
1740     (b)  If the person has been previously convicted of one
1741felony violation of s. 893.13(1)(a)1., (1)(c)2., (1)(d)2.,
1742(2)(a)1., or (5)(a), adjudication may not be withheld and the
1743offender may be placed on probation for not less than 24 months,
1744as a condition of which the court shall require the offender to
1745reside at a community residential drug punishment center for 180
1746days. The offender must comply with all rules and regulations of
1747the center and must pay a fee for the costs of room and board
1748and residential supervision. Placement of an offender into a
1749community residential drug punishment center is subject to
1750budgetary considerations and availability of bed space. If the
1751court requires the offender to reside at a community residential
1752drug punishment center, the court shall also require the
1753offender to comply with one or more of the other following terms
1754and conditions:
1755     1.  Pay a fine of not less than $1,000 nor more than
1756$10,000 pursuant to s. 775.083(1)(c).
1757     2.  Enter, regularly attend, and successfully complete a
1758substance abuse education program of at least 40 hours or a
1759prescribed substance abuse treatment program provided by a
1760treatment resource licensed pursuant to chapter 397 or by a
1761hospital licensed pursuant to chapter 395, as specified by the
1762court. In addition, the court may refer the offender to a
1763licensed agency for substance abuse evaluation and, if
1764appropriate, substance abuse treatment subject to the ability of
1765the offender to pay for such evaluation and treatment. If such
1766referral is made, the offender must comply and must pay for the
1767reasonable cost of the evaluation and treatment.
1768     3.  Perform at least 200 hours of public service.
1769     4.  Submit to routine and random drug testing which may be
1770conducted during the probationary period, with the reasonable
1771costs thereof borne by the offender.
1772     5.  Participate, at his or her own expense, in an
1773appropriate self-help group, such as Narcotics Anonymous,
1774Alcoholics Anonymous, or Cocaine Anonymous, if available.
1775     (c)  If the person has been previously convicted of two
1776felony violations of s. 893.13(2)(a)1. or (5)(a), adjudication
1777may not be withheld and the offender may be placed on probation
1778for not less than 36 months, as a condition of which the court
1779shall require the offender to reside at a community residential
1780drug punishment center for 360 days. The offender must comply
1781with all rules and regulations of the center and must pay a fee
1782for the costs of room and board and residential supervision.
1783Placement of an offender into a community residential drug
1784punishment center is subject to budgetary considerations and
1785availability of bed space. If the court requires the offender to
1786reside at a community residential drug punishment center, the
1787court shall also require the offender to comply with one or more
1788of the other following terms and conditions:
1789     1.  Pay a fine of not less than $1,500 nor more than
1790$10,000 pursuant to s. 775.083(1)(c).
1791     2.  Enter, regularly attend, and successfully complete a
1792substance abuse education program of at least 40 hours or a
1793prescribed substance abuse treatment program provided by a
1794treatment resource licensed pursuant to chapter 397 or by a
1795hospital licensed pursuant to chapter 395, as specified by the
1796court. In addition, the court may refer the offender to a
1797licensed agency for substance abuse evaluation and, if
1798appropriate, substance abuse treatment subject to the ability of
1799the offender to pay for such evaluation and treatment. If such
1800referral is made, the offender must comply and must pay for the
1801reasonable cost of the evaluation and treatment.
1802     3.  Perform at least 300 hours of public service.
1803     4.  Submit to routine and random drug testing which may be
1804conducted during the probationary period, with the reasonable
1805costs thereof borne by the offender.
1806     5.  Participate, at his or her own expense, in an
1807appropriate self-help group, such as Narcotics Anonymous,
1808Alcoholics Anonymous, or Cocaine Anonymous, if available.
1809     (d)  An offender who violates probation imposed pursuant to
1810this section shall be sentenced in accordance with s. 921.002.
1811     (2)  On or after October 1, 1993, any person who violates
1812s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the
1813discretion of the trial court, be required to successfully
1814complete a term of probation in lieu of serving a term of
1815imprisonment as required or authorized by s. 775.084, former s.
1816921.001, or s. 921.002, as follows:
1817     (a)  If the person has not previously been convicted of
1818violating s. 893.13(1)(a)2., (2)(a)2., (5)(b), or (6)(a),
1819adjudication may be withheld and the offender shall be placed on
1820probation for not less than 12 months, as a condition of which
1821the court may require the offender to comply with one or more of
1822the following terms and conditions:
1823     1.  Pay a fine of not less than $250 nor more than $5,000
1824pursuant to s. 775.083(1)(c).
1825     2.  Enter, regularly attend, and successfully complete a
1826substance abuse education program of at least 40 hours or a
1827prescribed substance abuse treatment program provided by a
1828treatment resource licensed pursuant to chapter 397 or by a
1829hospital licensed pursuant to chapter 395, as specified by the
1830court. In addition, the court may refer the offender to a
1831licensed agency for substance abuse evaluation and, if
1832appropriate, substance abuse treatment subject to the ability of
1833the offender to pay for such evaluation and treatment. If such
1834referral is made, the offender must comply and must pay for the
1835reasonable cost of the evaluation and treatment.
1836     3.  Perform at least 50 hours of public service.
1837     4.  Submit to routine and random drug testing which may be
1838conducted during the probationary period, with the reasonable
1839costs thereof borne by the offender.
1840     5.  Participate, at his or her own expense, in an
1841appropriate self-help group, such as Narcotics Anonymous,
1842Alcoholics Anonymous, or Cocaine Anonymous, if available.
1843     (b)  If the person has been previously convicted of one
1844felony violation of s. 893.13(1)(a)2., (2)(a)2., (5)(b), or
1845(6)(a), adjudication may not be withheld and the offender may be
1846placed on probation for not less than 18 months, as a condition
1847of which the court shall require the offender to reside at a
1848community residential drug punishment center for 90 days. The
1849offender must comply with all rules and regulations of the
1850center and must pay a fee for the costs of room and board and
1851residential supervision. Placement of an offender into a
1852community residential drug punishment center is subject to
1853budgetary considerations and availability of bed space. If the
1854court requires the offender to reside at a community residential
1855drug punishment center, the court shall also require the
1856offender to comply with one or more of the other following terms
1857and conditions:
1858     1.  Pay a fine of not less than $500 nor more than $5,000
1859pursuant to s. 775.083(1)(c).
1860     2.  Enter, regularly attend, and successfully complete a
1861substance abuse intervention program of a least 80 hours
1862provided by a treatment resource licensed pursuant to chapter
1863397 or by a hospital licensed pursuant to chapter 395, as
1864specified by the court. In addition, the court may refer the
1865offender to a licensed agency for substance abuse evaluation
1866and, if appropriate, substance abuse treatment subject to the
1867ability of the offender to pay for such evaluation and
1868treatment. If such referral is made, the offender must comply
1869and must pay for the reasonable cost of the evaluation and
1870treatment.
1871     3.  Perform at least 100 hours of public service.
1872     4.  Submit to routine and random drug testing which may be
1873conducted during the probationary period, with the reasonable
1874costs thereof borne by the offender.
1875     5.  Participate, at his or her own expense, in an
1876appropriate self-help group, such as Narcotics Anonymous,
1877Alcoholics Anonymous, or Cocaine Anonymous, if available.
1878     (c)  If the person has been previously convicted of two
1879felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1880adjudication may not be withheld and the offender may be placed
1881on probation for not less than 24 months, as a condition of
1882which the court shall require the offender to reside at a
1883community residential drug punishment center for 120 days. The
1884offender must comply with all rules and regulations of the
1885center and must pay a fee for the costs of room and board and
1886residential supervision. Placement of an offender into a
1887community residential drug punishment center is subject to
1888budgetary considerations and availability of bed space. If the
1889court requires the offender to reside at a community residential
1890drug punishment center, the court shall also require the
1891offender to comply with one or more of the other following terms
1892and conditions:
1893     1.  Pay a fine of not less than $1,000 nor more than $5,000
1894pursuant to s. 775.083(1)(c).
1895     2.  Enter, regularly attend, and successfully complete a
1896prescribed substance abuse treatment program provided by a
1897treatment resource licensed pursuant to chapter 397 or by a
1898hospital licensed pursuant to chapter 395, as specified by the
1899court. In addition, the court may refer the offender to a
1900licensed agency for substance abuse evaluation and, if
1901appropriate, substance abuse treatment subject to the ability of
1902the offender to pay for such evaluation and treatment. If such
1903referral is made, the offender must comply and must pay for the
1904reasonable cost of the evaluation and treatment.
1905     3.  Perform at least 150 hours of public service.
1906     4.  Submit to routine and random drug testing which may be
1907conducted during the probationary period, with the reasonable
1908costs thereof borne by the offender.
1909     5.  Participate, at his or her own expense, in an
1910appropriate self-help group, such as Narcotics Anonymous,
1911Alcoholics Anonymous, or Cocaine Anonymous, if available.
1912     (d)  If the person has been previously convicted of three
1913felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1914adjudication may not be withheld and the offender may be placed
1915on probation for not less than 30 months, as a condition of
1916which the court shall require the offender to reside at a
1917community residential drug punishment center for 200 days. The
1918offender must comply with all rules and regulations of the
1919center and must pay a fee for the costs of room and board and
1920residential supervision. Placement of an offender into a
1921community residential drug punishment center is subject to
1922budgetary considerations and availability of bed space. If the
1923court requires the offender to reside at a community residential
1924drug punishment center, the court shall also require the
1925offender to comply with one or more of the other following terms
1926and conditions:
1927     1.  Pay a fine of not less than $1,500 nor more than $5,000
1928pursuant to s. 775.083(1)(c).
1929     2.  Enter, regularly attend, and successfully complete a
1930prescribed substance abuse treatment program provided by a
1931treatment resource licensed pursuant to chapter 397 or by a
1932hospital licensed pursuant to chapter 395, as specified by the
1933court. In addition, the court may refer the offender to a
1934licensed agency for substance abuse evaluation and, if
1935appropriate, substance abuse treatment subject to the ability of
1936the offender to pay for such evaluation and treatment. If such
1937referral is made, the offender must comply and must pay for the
1938reasonable cost of the evaluation and treatment.
1939     3.  Perform at least 200 hours of public service.
1940     4.  Submit to routine and random drug testing which may be
1941conducted during the probationary period, with the reasonable
1942costs thereof borne by the offender.
1943     5.  Participate, at his or her own expense, in an
1944appropriate self-help group, such as Narcotics Anonymous,
1945Alcoholics Anonymous, or Cocaine Anonymous, if available.
1946     (e)  If the person has been previously convicted of four
1947felony violations of s. 893.13(2)(a)2., (5)(b), or (6)(a),
1948adjudication may not be withheld and the offender may be placed
1949on probation for not less than 36 months, as a condition of
1950which the court shall require the offender to reside at a
1951community residential drug punishment center for 360 days. The
1952offender must comply with all rules and regulations of the
1953center and must pay a fee for the costs of room and board and
1954residential supervision. Placement of an offender into a
1955community residential drug punishment center is subject to
1956budgetary considerations and availability of bed space. If the
1957court requires the offender to reside at a community residential
1958drug punishment center, the court shall also require the
1959offender to comply with one or more of the other following terms
1960and conditions:
1961     1.  Pay a fine of not less than $2,000 nor more than $5,000
1962pursuant to s. 775.083(1)(c).
1963     2.  Enter, regularly attend, and successfully complete a
1964prescribed substance abuse treatment program provided by a
1965treatment resource licensed pursuant to chapter 397 or by a
1966hospital licensed pursuant to chapter 395, as specified by the
1967court. In addition, the court may refer the offender to a
1968licensed agency for substance abuse evaluation and, if
1969appropriate, substance abuse treatment subject to the ability of
1970the offender to pay for such evaluation and treatment. If such
1971referral is made, the offender must comply and must pay for the
1972reasonable cost of the evaluation and treatment.
1973     3.  Perform at least 250 hours of public service.
1974     4.  Submit to routine and random drug testing which may be
1975conducted during the probationary period, with the reasonable
1976costs thereof borne by the offender.
1977     5.  Participate, at his or her own expense, in an
1978appropriate self-help group, such as Narcotics Anonymous,
1979Alcoholics Anonymous, or Cocaine Anonymous, if available.
1980     (f)  An offender who violates probation imposed pursuant to
1981this section shall be sentenced in accordance with s. 921.002.
1982     Section 24.  This act shall take effect July 1, 2004, and
1983shall apply to offenses committed on or after that date.


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