July 10, 2020
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_h7131__
HB 7131

1
A bill to be entitled
2An act relating to criminal justice; amending s. 775.0877,
3F.S.; revising obsolete references; amending s. 775.25,
4F.S.; clarifying a reference to a repealed section;
5amending s. 784.07, F.S.; removing an outdated reference
6to certain employees in relation to assault and battery of
7specified persons; amending s. 831.16, F.S.; clarifying a
8cross-reference; clarifying that it is a third degree
9felony for a person to knowingly have in his or her
10possession fewer than 10 counterfeit coins with the intent
11to utter or pass such coins; amending s. 831.17, F.S.;
12clarifying a cross-reference; clarifying that certain
13subsequent violations of s. 831.16, F.S., are punishable
14as a second degree felony; amending s. 831.18, F.S.;
15clarifying that the offense of making or possessing
16instruments for forging bills is punishable as a third
17degree felony; amending s. 831.21, F.S.; clarifying that
18the offense of forging or counterfeiting a doctor's
19certificate of examination is punishable as a third degree
20felony; amending s. 831.27, F.S.; correcting a reference
21relating to the offense of issuing notes; amending s.
22838.021, F.S.; correcting grammatical errors; reenacting
23s. 847.0125, F.S., relating to retail display of materials
24harmful to minors; amending s. 860.13, F.S.; correcting an
25obsolete reference; amending s. 865.09, F.S.; correcting a
26reference; amending s. 893.10, F.S.; removing obsolete
27language relating to evidence in possession of controlled
28substances cases; reenacting s. 914.24(2)(a), F.S.,
29relating to victim and witness protection orders; amending
30ss. 916.12 and 916.3012, F.S.; revising and clarifying
31provisions; amending s. 918.0155, F.S.; deleting obsolete
32language directing the Legislature to request the Supreme
33Court to adopt emergency rules; amending s. 921.0022,
34F.S.; correcting references in the offense severity
35ranking chart; reenacting s. 921.141(5)(a), F.S., relating
36to sentence of death or life imprisonment for capital
37felonies; amending s. 932.704, F.S.; deleting an obsolete
38provision relating to the deadline for certifying
39compliance with the Contraband Forfeiture Act; amending s.
40933.18, F.S.; correcting a reference in relation to when a
41warrant may be issued to search a dwelling; amending s.
42933.40, F.S.; replacing obsolete references to
43"magistrate" with references to "trial court judge";
44amending s. 934.03, F.S.; deleting an obsolete cross-
45reference; defining the term "public utility"; amending s.
46938.15, F.S.; clarifying that the term "commission" refers
47to the Criminal Justice Standards and Training Commission;
48amending s. 943.051, F.S.; clarifying a reference to a
49repealed section; amending s. 943.053, F.S.; removing an
50obsolete reference; amending s. 943.0581, F.S.; clarifying
51provisions; reenacting s. 943.0582(3)(a) and (5), F.S.,
52relating to prearrest, postarrest, or teen court diversion
53program expunction; reenacting s. 943.135(4)(b), F.S.,
54relating to requirements for continued employment;
55amending s. 944.053, F.S.; updating obsolete provisions;
56reenacting s. 944.28(1), F.S., relating to gain-time;
57amending ss. 944.708, 944.801, and 945.10, F.S.; replacing
58obsolete references to the Department of Labor and
59Employment Security with references to the Agency for
60Workforce Innovation; reenacting s. 947.06, F.S., relating
61to when the Florida Parole Commission may meet and act;
62amending s. 949.071, F.S.; correcting a federal statutory
63citation; amending s. 957.07, F.S.; replacing an obsolete
64reference to the Correctional Privatization Commission
65with a reference to the Department of Management Services;
66amending s. 985.486, F.S.; correcting references
67concerning intensive residential treatment programs for
68offenders less than 13 years of age; amending s. 985.632,
69F.S.; removing a reference to a repealed provision;
70removing obsolete provisions; reenacting s. 985.686(2)(b),
71F.S., relating to county and state responsibility for
72juvenile detention; amending ss. 815.03, 817.554, 828.17,
73831.30, 877.22, 893.02, 921.20, 944.023, 944.474, 947.16,
74951.23, 951.231, 960.003, and 984.225, F.S.; correcting
75cross-references; providing an effective date.
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  Paragraph (c) of subsection (1) of section
80775.0877, Florida Statutes, is amended to read:
81     775.0877  Criminal transmission of HIV; procedures;
82penalties.-
83     (1)  In any case in which a person has been convicted of or
84has pled nolo contendere or guilty to, regardless of whether
85adjudication is withheld, any of the following offenses, or the
86attempt thereof, which offense or attempted offense involves the
87transmission of body fluids from one person to another:
88     (c)  Section 800.04(1), (2), and (3), relating to lewd or
89lascivious offenses committed upon or in the presence of persons
90lewd, lascivious, or indecent assault or act upon any person
91less than 16 years of age,
92
93the court shall order the offender to undergo HIV testing, to be
94performed under the direction of the Department of Health in
95accordance with s. 381.004, unless the offender has undergone
96HIV testing voluntarily or pursuant to procedures established in
97s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
98rule providing for HIV testing of criminal offenders or inmates,
99subsequent to her or his arrest for an offense enumerated in
100paragraphs (a)-(n) for which she or he was convicted or to which
101she or he pled nolo contendere or guilty. The results of an HIV
102test performed on an offender pursuant to this subsection are
103not admissible in any criminal proceeding arising out of the
104alleged offense.
105     Section 2.  Section 775.25, Florida Statutes, is amended to
106read:
107     775.25  Prosecutions for acts or omissions.-A sexual
108predator or sexual offender who commits any act or omission in
109violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
110944.607, or former s. 947.177 may be prosecuted for the act or
111omission in the county in which the act or omission was
112committed, the county of the last registered address of the
113sexual predator or sexual offender, or the county in which the
114conviction occurred for the offense or offenses that meet the
115criteria for designating a person as a sexual predator or sexual
116offender. In addition, a sexual predator may be prosecuted for
117any such act or omission in the county in which he or she was
118designated a sexual predator.
119     Section 3.  Subsection (2) of section 784.07, Florida
120Statutes, is amended to read:
121     784.07  Assault or battery of law enforcement officers,
122firefighters, emergency medical care providers, public transit
123employees or agents, or other specified officers;
124reclassification of offenses; minimum sentences.-
125     (2)  Whenever any person is charged with knowingly
126committing an assault or battery upon a law enforcement officer,
127a firefighter, an emergency medical care provider, a traffic
128accident investigation officer as described in s. 316.640, a
129nonsworn law enforcement agency employee who is certified as an
130agency inspector, a blood alcohol analyst, or a breath test
131operator while such employee is in uniform and engaged in
132processing, testing, evaluating, analyzing, or transporting a
133person who is detained or under arrest for DUI, a law
134enforcement explorer, a traffic infraction enforcement officer
135as described in s. 316.640, a parking enforcement specialist as
136defined in s. 316.640, a person licensed as a security officer
137as defined in s. 493.6101 and wearing a uniform that bears at
138least one patch or emblem that is visible at all times that
139clearly identifies the employing agency and that clearly
140identifies the person as a licensed security officer, or a
141security officer employed by the board of trustees of a
142community college, while the officer, firefighter, emergency
143medical care provider, intake officer, traffic accident
144investigation officer, traffic infraction enforcement officer,
145inspector, analyst, operator, law enforcement explorer, parking
146enforcement specialist, public transit employee or agent, or
147security officer is engaged in the lawful performance of his or
148her duties, the offense for which the person is charged shall be
149reclassified as follows:
150     (a)  In the case of assault, from a misdemeanor of the
151second degree to a misdemeanor of the first degree.
152     (b)  In the case of battery, from a misdemeanor of the
153first degree to a felony of the third degree.
154     (c)  In the case of aggravated assault, from a felony of
155the third degree to a felony of the second degree.
156Notwithstanding any other provision of law, any person convicted
157of aggravated assault upon a law enforcement officer shall be
158sentenced to a minimum term of imprisonment of 3 years.
159     (d)  In the case of aggravated battery, from a felony of
160the second degree to a felony of the first degree.
161Notwithstanding any other provision of law, any person convicted
162of aggravated battery of a law enforcement officer shall be
163sentenced to a minimum term of imprisonment of 5 years.
164     Section 4.  Subsection (11) of section 815.03, Florida
165Statutes, is amended to read:
166     815.03  Definitions.-As used in this chapter, unless the
167context clearly indicates otherwise:
168     (11)  "Property" means anything of value as defined in s.
169812.012 812.011 and includes, but is not limited to, financial
170instruments, information, including electronically produced data
171and computer software and programs in either machine-readable or
172human-readable form, and any other tangible or intangible item
173of value.
174     Section 5.  Subsection (4) of section 817.554, Florida
175Statutes, is amended to read:
176     817.554  Fraudulently offering for sale tour or travel-
177related services.-
178     (4)  Any individual or group which meets the standards of
179organized fraud as defined in s. 817.034 817.036 shall be
180punished as provided in s. 817.034 817.036.
181     Section 6.  Section 828.17, Florida Statutes, is amended to
182read:
183     828.17  Officer to arrest without warrant.-Any sheriff or
184any other peace officer of the state, or any police officer of
185any city or town of the state, shall arrest without warrant any
186person found violating any of the provisions of ss. 828.04,
187828.08, 828.12, and 828.13-828.16, and the officer making the
188arrest shall hold the offender until a warrant can be procured,
189and he or she shall use proper diligence to procure such
190warrant.
191     Section 7.  Section 831.16, Florida Statutes, is amended to
192read:
193     831.16  Having fewer less than 10 counterfeit coins in
194possession, with intent to utter.-Whoever has in his or her
195possession any number of pieces fewer less than 10 of the
196counterfeit coin mentioned in s. 831.15 the preceding section,
197knowing the same to be counterfeit, with intent to utter or pass
198the same as true, or who utters, passes or tenders in payment as
199true any such counterfeit coin, knowing the same to be false and
200counterfeit, commits a felony of the third degree, punishable as
201provided in s. 775.082, s. 775.083, or s. 775.084 shall be
202punished by imprisonment in the state prison not exceeding 10
203years, or in the county jail not exceeding 12 months, or by fine
204not exceeding $1,000.
205     Section 8.  Section 831.17, Florida Statutes, is amended to
206read:
207     831.17  Violation of s. 831.16; second conviction.-Whoever
208having been convicted of either of the offenses mentioned in s.
209831.16 the preceding section, is again convicted of either of
210the same offenses, committed after the former conviction, and
211whoever is at the same term of the court convicted upon three
212distinct charges of said offenses, commits a felony of the
213second degree, punishable as provided in s. 775.082, s. 775.083,
214or s. 775.084 shall be deemed a common utterer of counterfeit
215coin and punished by imprisonment in the state prison not
216exceeding 20 years.
217     Section 9.  Section 831.18, Florida Statutes, is amended to
218read:
219     831.18  Making or possessing instruments for forging
220bills.-Whoever engraves, makes, or amends, or begins to engrave,
221make, or amend, any plate, block, press, or other tool,
222instrument, or implement, or makes or provides any paper or
223other material, adapted and designed for the making of a false
224and counterfeit note, certificate, or other bill of credit,
225purporting to be issued by lawful authority for a debt of this
226state, or a false or counterfeit note or bill, in the similitude
227of the notes or bills issued by any bank or banking company
228established in this state, or within the United States, or in
229any foreign province, state, or government; and whoever has in
230his or her possession any such plate or block engraved in any
231part, or any press or other tool, instrument, or any paper or
232other material adapted and designed as aforesaid, with intent to
233issue the same, or to cause or permit the same to be used in
234forging or making any such false and counterfeit certificates,
235bills, or notes, commits a felony of the third degree,
236punishable as provided in s. 775.082, s. 775.083, or s. 775.084
237shall be punished by imprisonment in the state prison not
238exceeding 10 years, or by fine not exceeding $1,000.
239     Section 10.  Section 831.21, Florida Statutes, is amended
240to read:
241     831.21  Forging or counterfeiting doctor's certificate of
242examination.-Whoever falsely makes, alters, forges, or
243counterfeits any doctor's certificate or record of examination
244to an application for a policy of insurance, or knowing such
245doctor's certificate or record of examination to be falsely
246made, altered, forged, or counterfeited, passes shall pass,
247utters, utter or publishes publish such certificate as true,
248with intent to injure or defraud any person, commits a felony of
249the third degree, punishable as provided in s. 775.082, s.
250775.083, or s. 775.084 shall be deemed guilty of forgery, and
251upon conviction thereof shall be punished by imprisonment in the
252state penitentiary not exceeding 5 years, or by fine not
253exceeding $500.
254     Section 11.  Section 831.27, Florida Statutes, is amended
255to read:
256     831.27  Issuing notes.-Whoever issues any note, bill,
257order, or check, other than foreign bills of exchange and notes
258or bills of some bank or company incorporated by the laws of
259this state, or by the laws of the United States, or by the laws
260of Canada either of the British provinces in North America, with
261intent that the same shall be circulated as currency, commits
262shall be guilty of a misdemeanor of the second degree,
263punishable as provided in s. 775.083.
264     Section 12.  Section 831.30, Florida Statutes, is amended
265to read:
266     831.30  Medicinal drugs; fraud in obtaining.-Whoever:
267     (1)  Falsely makes, alters, or forges any prescription, as
268defined in s. 465.003 465.031(2), for a medicinal drug other
269than a drug controlled by chapter 893;
270     (2)  Knowingly causes such prescription to be falsely made,
271altered, forged, or counterfeited; or
272     (3)  Passes, utters, or publishes such prescription or
273otherwise knowingly holds out such false or forged prescription
274as true,
275
276with intent to obtain such drug commits, shall be guilty of a
277misdemeanor of the second degree, punishable as provided in s.
278775.082 or s. 775.083. A second or subsequent conviction
279constitutes shall constitute a misdemeanor of the first degree,
280punishable as provided in s. 775.082 or s. 775.083.
281     Section 13.  Subsection (1) of section 838.021, Florida
282Statutes, is amended to read:
283     838.021  Corruption by threat against public servant.-
284     (1)  It is unlawful to harm Whoever unlawfully harms or
285threaten to threatens unlawful harm to any public servant, to
286his or her immediate family, or to any other person with whose
287welfare the public servant is interested, with the intent to or
288purpose:
289     (a)  To Influence the performance of any act or omission
290that which the person believes to be, or that the public servant
291represents as being, within the official discretion of the
292public servant, in violation of a public duty, or in performance
293of a public duty.
294     (b)  To Cause or induce the public servant to use or exert,
295or procure the use or exertion of, any influence upon or with
296any other public servant regarding any act or omission that
297which the person believes to be, or that the public servant
298represents as being, within the official discretion of the
299public servant, in violation of a public duty, or in performance
300of a public duty.
301     Section 14.  Section 847.0125, Florida Statutes, is
302reenacted to read:
303     847.0125  Retail display of materials harmful to minors
304prohibited.-
305     (1)  "KNOWINGLY" DEFINED.-As used in this section,
306"knowingly" means having general knowledge of, reason to know,
307or a belief or ground for belief which warrants further
308inspection or inquiry of both:
309     (a)  The character and content of any material described
310herein which is reasonably susceptible of examination by the
311defendant, and
312     (b)  The age of the minor; however, an honest mistake shall
313constitute an excuse from liability hereunder if the defendant
314made a reasonable bona fide attempt to ascertain the true age of
315such minor.
316     (2)  OFFENSES AND PENALTIES.-
317     (a)  It is unlawful for anyone offering for sale in a
318retail establishment open to the general public any book,
319magazine, or other printed material, the cover of which depicts
320material which is harmful to minors, to knowingly exhibit such
321book, magazine, or material in such establishment in such a way
322that it is on open display to, or within the convenient reach
323of, minors who may frequent the retail establishment. Such items
324shall, however, be displayed, either individually or
325collectively, behind an opaque covering which conceals the book,
326magazine, or other printed material.
327     (b)  It is unlawful for anyone offering for sale in a
328retail establishment open to the general public any book,
329magazine, or other printed material, the content of which
330exploits, is devoted to, or is principally made up of
331descriptions or depictions of material which is harmful to
332minors, to knowingly exhibit such book, magazine, or material in
333such establishment in such a way that it is within the
334convenient reach of minors who may frequent the retail
335establishment.
336     (c)  A violation of any provision of this section
337constitutes a misdemeanor of the first degree, punishable as
338provided in s. 775.082 or s. 775.083.
339     Section 15.  Subsection (4) of section 860.13, Florida
340Statutes, is amended to read:
341     860.13  Operation of aircraft while intoxicated or in
342careless or reckless manner; penalty.-
343     (4)  It shall be the duty of any court in which there is a
344conviction for violation of this statute to report such
345conviction to the Federal Aviation Civil Aeronautics
346Administration for its guidance and information with respect to
347the pilot's certificate.
348     Section 16.  Subsection (11) of section 865.09, Florida
349Statutes, is amended to read:
350     865.09  Fictitious name registration.-
351     (11)  FORMS.-Registration, cancellation, and renewal shall
352be made on forms prescribed by the Department of State, which
353may include the uniform business report, pursuant to s. 606.06,
354as a means of satisfying the requirement of this section part.
355     Section 17.  Subsection (4) of section 877.22, Florida
356Statutes, is amended to read:
357     877.22  Minors prohibited in public places and
358establishments during certain hours; penalty; procedure.-
359     (4)  If a minor violates a curfew and is taken into
360custody, the minor shall be transported immediately to a police
361station or to a facility operated by a religious, charitable, or
362civic organization that conducts a curfew program in cooperation
363with a local law enforcement agency. After recording pertinent
364information about the minor, the law enforcement agency shall
365attempt to contact the parent of the minor and, if successful,
366shall request that the parent take custody of the minor and
367shall release the minor to the parent. If the law enforcement
368agency is not able to contact the minor's parent within 2 hours
369after the minor is taken into custody, or if the parent refuses
370to take custody of the minor, the law enforcement agency may
371transport the minor to her or his residence or proceed as
372authorized under part V II of chapter 39.
373     Section 18.  Subsection (21) of section 893.02, Florida
374Statutes, is amended to read:
375     893.02  Definitions.-The following words and phrases as
376used in this chapter shall have the following meanings, unless
377the context otherwise requires:
378     (21)  "Prescription" means and includes an order for drugs
379or medicinal supplies written, signed, or transmitted by word of
380mouth, telephone, telegram, or other means of communication by a
381duly licensed practitioner licensed by the laws of the state to
382prescribe such drugs or medicinal supplies, issued in good faith
383and in the course of professional practice, intended to be
384filled, compounded, or dispensed by another person licensed by
385the laws of the state to do so, and meeting the requirements of
386s. 893.04. The term also includes an order for drugs or
387medicinal supplies so transmitted or written by a physician,
388dentist, veterinarian, or other practitioner licensed to
389practice in a state other than Florida, but only if the
390pharmacist called upon to fill such an order determines, in the
391exercise of his or her professional judgment, that the order was
392issued pursuant to a valid patient-physician relationship, that
393it is authentic, and that the drugs or medicinal supplies so
394ordered are considered necessary for the continuation of
395treatment of a chronic or recurrent illness. However, if the
396physician writing the prescription is not known to the
397pharmacist, the pharmacist shall obtain proof to a reasonable
398certainty of the validity of said prescription. A prescription
399order for a controlled substance shall not be issued on the same
400prescription blank with another prescription order for a
401controlled substance which is named or described in a different
402schedule, nor shall any prescription order for a controlled
403substance be issued on the same prescription blank as a
404prescription order for a medicinal drug, as defined in s.
405465.003(8) 465.031(5), which does not fall within the definition
406of a controlled substance as defined in this act.
407     Section 19.  Subsections (3) and (4) of section 893.10,
408Florida Statutes, are renumbered as subsections (2) and (3),
409respectively, and present subsection (2) of that section is
410amended to read:
411     893.10  Burden of proof; photograph or video recording of
412evidence.-
413     (2)  In the case of a person charged under s. 893.14(1)
414with the possession of a controlled substance, the label
415required under s. 893.04(1) or s. 893.05(2) is admissible in
416evidence and prima facie evidence that such substance was
417obtained pursuant to a valid prescription form or dispensed by a
418practitioner while acting in the course of his or her
419professional practice.
420     Section 20.  Paragraph (a) of subsection (2) of section
421914.24, Florida Statutes, is reenacted to read:
422     914.24  Civil action to restrain harassment of a victim or
423witness.-
424     (2)(a)  A circuit court, upon motion of the state attorney,
425shall issue a protective order prohibiting the harassment of a
426victim or witness in a criminal case if the court, after a
427hearing, finds by a preponderance of the evidence that
428harassment of an identified victim or witness in a criminal case
429exists or that such order is necessary to prevent and restrain
430an offense under s. 914.22, other than an offense consisting of
431misleading conduct, or to prevent and restrain an offense under
432s. 914.23.
433     Section 21.  Subsection (3) of section 916.12, Florida
434Statutes, is amended to read:
435     916.12  Mental competence to proceed.-
436     (3)  In considering the issue of competence to proceed, an
437examining expert shall first consider and specifically include
438in his or her report the defendant's capacity to:
439     (a)  Appreciate the charges or allegations against the
440defendant.
441     (b)  Appreciate the range and nature of possible penalties,
442if applicable, that may be imposed in the proceedings against
443the defendant.
444     (c)  Understand the adversarial nature of the legal
445process.
446     (d)  Disclose to counsel facts pertinent to the proceedings
447at issue.
448     (e)  Manifest appropriate courtroom behavior.
449     (f)  Testify relevantly.
450
451     (g)  In addition, an examining expert shall consider and
452include in his or her report any other factor deemed relevant by
453the expert.
454     Section 22.  Subsection (3) of section 916.3012, Florida
455Statutes, is amended to read:
456     916.3012  Mental competence to proceed.-
457     (3)  In considering the issue of competence to proceed, an
458the examining expert experts shall first consider and
459specifically include in his or her their report the defendant's
460capacity to:
461     (a)  Appreciate the charges or allegations against the
462defendant.
463     (b)  Appreciate the range and nature of possible penalties,
464if applicable, that may be imposed in the proceedings against
465the defendant.
466     (c)  Understand the adversarial nature of the legal
467process.
468     (d)  Disclose to counsel facts pertinent to the proceedings
469at issue.
470     (e)  Manifest appropriate courtroom behavior.
471     (f)  Testify relevantly.
472
473     (g)  In addition, an examining expert shall consider and
474include in his or her report any other factor deemed relevant by
475the expert experts.
476     Section 23.  Section 918.0155, Florida Statutes, is amended
477to read:
478     918.0155  Expeditious disposition of particular criminal
479cases involving a child under age 16.-Every criminal case
480prosecuted under chapter 782, chapter 784, chapter 787, chapter
481794, chapter 796, chapter 800, chapter 827, or chapter 847 which
482involves the abuse of a child or unlawful sexual contact or acts
483performed in the presence of, with, or upon a child under the
484age of 16 shall be heard and disposed of as expeditiously as
485possible. The Legislature requests the Supreme Court to adopt
486emergency rules regarding the expeditious handling of the
487matters enumerated in this section.
488     Section 24.  Paragraphs (b) and (d) of subsection (3) of
489section 921.0022, Florida Statutes, are amended to read:
490     921.0022  Criminal Punishment Code; offense severity
491ranking chart.-
492     (3)  OFFENSE SEVERITY RANKING CHART
493     (b)  LEVEL 2
 
Florida StatuteFelony DegreeDescription
494
 
379.2431(1)(e)3.3rdPossession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
495
 
379.2431(1)(e)4.3rdPossession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
496
 
403.413(5)(c)3rdDumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
497
 
517.073rdRegistration of securities and furnishing of prospectus required.
498
 
590.28(1)3rdWillful, malicious, or Intentional burning of lands.
499
 
784.05(3)3rdStoring or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
500
 
787.04(1)3rdIn violation of court order, take, entice, etc., minor beyond state limits.
501
 
806.13(1)(b)3.3rdCriminal mischief; damage $1,000 or more to public communication or any other public service.
502
 
810.061(2)3rdImpairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
503
 
810.09(2)(e)3rdTrespassing on posted commercial horticulture property.
504
 
812.014(2)(c)1.3rdGrand theft, 3rd degree; $300 or more but less than $5,000.
505
 
812.014(2)(d)3rdGrand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
506
 
812.015(7)3rdPossession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
507
 
817.234(1)(a)2.3rdFalse statement in support of insurance claim.
508
 
817.481(3)(a)3rdObtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
509
 
817.52(3)3rdFailure to redeliver hired vehicle.
510
 
817.543rdWith intent to defraud, obtain mortgage note, etc., by false representation.
511
 
817.60(5)3rdDealing in credit cards of another.
512
 
817.60(6)(a)3rdForgery; purchase goods, services with false card.
513
 
817.613rdFraudulent use of credit cards over $100 or more within 6 months.
514
 
826.043rdKnowingly marries or has sexual intercourse with person to whom related.
515
 
831.013rdForgery.
516
 
831.023rdUttering forged instrument; utters or publishes alteration with intent to defraud.
517
 
831.073rdForging bank bills, checks, drafts, or promissory notes.
518
 
831.083rdPossessing 10 or more forged notes, bills, checks, or drafts.
519
 
831.093rdUttering forged notes, bills, checks, drafts, or promissory notes.
520
 
831.113rdBringing into the state forged bank bills, checks, drafts, or notes.
521
 
832.05(3)(a)3rdCashing or depositing item with intent to defraud.
522
 
843.083rdFalsely impersonating an officer.
523
 
893.13(2)(a)2.3rdPurchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
524
 
893.147(2)3rdManufacture or delivery of drug paraphernalia.
525       (d)  LEVEL 4      
 
Florida StatuteFelony DegreeDescription
526
 
316.1935(3)(a)2ndDriving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
527
 
499.0051(1)3rdFailure to maintain or deliver pedigree papers.
528
 
499.0051(2)3rdFailure to authenticate pedigree papers.
529
 
499.0051(6)2ndKnowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
530
 
784.07(2)(b)3rdBattery of law enforcement officer, firefighter, intake officer, etc.
531
 
784.074(1)(c)3rdBattery of sexually violent predators facility staff.
532
 
784.0753rdBattery on detention or commitment facility staff.
533
 
784.0783rdBattery of facility employee by throwing, tossing, or expelling certain fluids or materials.
534
 
784.08(2)(c)3rdBattery on a person 65 years of age or older.
535
 
784.081(3)3rdBattery on specified official or employee.
536
 
784.082(3)3rdBattery by detained person on visitor or other detainee.
537
 
784.083(3)3rdBattery on code inspector.
538
 
784.0853rdBattery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
539
 
787.03(1)3rdInterference with custody; wrongly takes minor from appointed guardian.
540
 
787.04(2)3rdTake, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
541
 
787.04(3)3rdCarrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
542
 
790.115(1)3rdExhibiting firearm or weapon within 1,000 feet of a school.
543
 
790.115(2)(b)3rdPossessing electric weapon or device, destructive device, or other weapon on school property.
544
 
790.115(2)(c)3rdPossessing firearm on school property.
545
 
800.04(7)(c)3rdLewd or lascivious exhibition; offender less than 18 years.
546
 
810.02(4)(a)3rdBurglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
547
 
810.02(4)(b)3rdBurglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
548
 
810.063rdBurglary; possession of tools.
549
 
810.08(2)(c)3rdTrespass on property, armed with firearm or dangerous weapon.
550
 
812.014(2)(c)3.3rdGrand theft, 3rd degree $10,000 or more but less than $20,000.
551
 
812.014(2)(c)4.-10.3rdGrand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
552
 
812.0195(2)3rdDealing in stolen property by use of the Internet; property stolen $300 or more.
553
 
817.563(1)3rdSell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
554
 
817.568(2)(a)3rdFraudulent use of personal identification information.
555
 
817.625(2)(a)3rdFraudulent use of scanning device or reencoder.
556
 
828.125(1)2ndKill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
557
 
837.02(1)3rdPerjury in official proceedings.
558
 
837.021(1)3rdMake contradictory statements in official proceedings.
559
 
838.0223rdOfficial misconduct.
560
 
839.13(2)(a)3rdFalsifying records of an individual in the care and custody of a state agency.
561
 
839.13(2)(c)3rdFalsifying records of the Department of Children and Family Services.
562
 
843.0213rdPossession of a concealed handcuff key by a person in custody.
563
 
843.0253rdDeprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
564
 
843.15(1)(a)3rdFailure to appear while on bail for felony (bond estreature or bond jumping).
565
 
847.0135(5)(c)3rdLewd or lascivious exhibition using computer; offender less than 18 years.
566
 
874.05(1)3rdEncouraging or recruiting another to join a criminal gang.
567
 
893.13(2)(a)1.2ndPurchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
568
 
914.14(2)3rdWitnesses accepting bribes.
569
 
914.22(1)3rdForce, threaten, etc., witness, victim, or informant.
570
 
914.23(2)3rdRetaliation against a witness, victim, or informant, no bodily injury.
571
 
918.123rdTampering with jurors.
572
 
934.2153rdUse of two-way communications device to facilitate commission of a crime.
573
574     Section 25.  Paragraph (a) of subsection (5) of section
575921.141, Florida Statutes, is reenacted to read:
576     921.141  Sentence of death or life imprisonment for capital
577felonies; further proceedings to determine sentence.-
578     (5)  AGGRAVATING CIRCUMSTANCES.-Aggravating circumstances
579shall be limited to the following:
580     (a)  The capital felony was committed by a person
581previously convicted of a felony and under sentence of
582imprisonment or placed on community control or on felony
583probation.
584     Section 26.  Section 921.20, Florida Statutes, is amended
585to read:
586     921.20  Classification summary; Parole Commission.-As soon
587as possible after a prisoner has been placed in the custody of
588the Department of Corrections, the classification board shall
589furnish a classification summary to the Parole Commission for
590use as provided in s. 945.25 947.14. The summary shall include
591the criminal, personal, social, and environmental background and
592other relevant factors considered in classifying the prisoner
593for a penal environment best suited for the prisoner's rapid
594rehabilitation.
595     Section 27.  Paragraph (a) of subsection (11) of section
596932.704, Florida Statutes, is amended to read:
597     932.704  Forfeiture proceedings.-
598     (11)(a)  The Department of Law Enforcement, in consultation
599with the Florida Sheriffs Association and the Florida Police
600Chiefs Association, shall develop guidelines and training
601procedures to be used by state and local law enforcement
602agencies and state attorneys in implementing the Florida
603Contraband Forfeiture Act. Each state or local law enforcement
604agency that files civil forfeiture actions under the Florida
605Contraband Forfeiture Act shall file, by December 31, 1995, a
606certificate signed by the agency head or his or her designee,
607which represents that the agency's policies and procedures are
608in compliance with the guidelines. Each state or local law
609enforcement agency that seizes property for the purpose of
610forfeiture shall periodically review seizures of assets made by
611the agency's law enforcement officers, settlements, and
612forfeiture proceedings initiated by the agency, to determine
613whether such seizures, settlements, and forfeitures comply with
614the Florida Contraband Forfeiture Act and the guidelines adopted
615under this subsection. The determination of whether an agency
616will file a civil forfeiture action must be the sole
617responsibility of the head of the agency or his or her designee.
618     Section 28.  Subsection (7) of section 933.18, Florida
619Statutes, is amended to read:
620     933.18  When warrant may be issued for search of private
621dwelling.-No search warrant shall issue under this chapter or
622under any other law of this state to search any private dwelling
623occupied as such unless:
624     (7)  One or more of the following misdemeanor child abuse
625offenses is being committed there:
626     (a)  Interference with custody, in violation of s. 787.03.
627     (b)  Commission of an unnatural and lascivious act with a
628child, in violation of s. 800.02.
629     (c)  Exposure of sexual organs to a child, in violation of
630s. 800.03.  If, during a search pursuant to a warrant issued
631under this section, a child is discovered and appears to be in
632imminent danger, the law enforcement officer conducting such
633search may remove the child from the private dwelling and take
634the child into protective custody pursuant to chapter 39. The
635term "private dwelling" shall be construed to include the room
636or rooms used and occupied, not transiently but solely as a
637residence, in an apartment house, hotel, boardinghouse, or
638lodginghouse. No warrant shall be issued for the search of any
639private dwelling under any of the conditions hereinabove
640mentioned except on sworn proof by affidavit of some creditable
641witness that he or she has reason to believe that one of said
642conditions exists, which affidavit shall set forth the facts on
643which such reason for belief is based.
644     Section 29.  Subsections (5) and (8) of section 933.40,
645Florida Statutes, are amended to read:
646     933.40  Agriculture warrants.-
647     (5)  Agriculture warrants may be signed by any person
648competent to issue search warrants under s. 933.01, either
649manually, by signature stamp, or by electronic signature. The
650trial court judge or magistrate, upon examination of the
651application and proofs submitted, if satisfied that probable
652cause exists for the issuing of one or more agriculture
653warrants, shall issue such agriculture warrants with his or her
654signature and office affixed thereto. Such agriculture warrants
655may be served and executed by employees of the department, with
656the assistance of third parties supervised by department
657employees, and shall authorize department employees with such
658assistance to undertake all actions authorized by the warrant.
659     (8)  An agriculture warrant shall be effective for 60 days
660and shall authorize multiple executions of the warrant prior to
661its expiration. An agriculture warrant may be extended or
662renewed by the trial court judge or magistrate who signed and
663issued the original warrant upon his or her satisfaction of such
664official that probable cause continues to exist for the
665reissuance of the warrant. Such warrant must be returned to the
666issuing official prior to the expiration date specified in the
667warrant or within the extended or renewed time.
668     Section 30.  Paragraph (g) of subsection (2) of section
669934.03, Florida Statutes, is amended to read:
670     934.03  Interception and disclosure of wire, oral, or
671electronic communications prohibited.-
672     (2)
673     (g)  It is lawful under ss. 934.03-934.09 for an employee
674of:
675     1.  An ambulance service licensed pursuant to s. 401.25, a
676fire station employing firefighters as defined by s. 633.30, a
677public utility as defined by ss. 365.01 and 366.02, a law
678enforcement agency as defined by s. 934.02(10), or any other
679entity with published emergency telephone numbers;
680     2.  An agency operating an emergency telephone number "911"
681system established pursuant to s. 365.171; or
682     3.  The central abuse hotline operated pursuant to s.
68339.201,
684
685to intercept and record incoming wire communications; however,
686such employee may intercept and record incoming wire
687communications on designated "911" telephone numbers and
688published nonemergency telephone numbers staffed by trained
689dispatchers at public safety answering points only. It is also
690lawful for such employee to intercept and record outgoing wire
691communications to the numbers from which such incoming wire
692communications were placed when necessary to obtain information
693required to provide the emergency services being requested. For
694the purpose of this paragraph, the term "public utility" has the
695same meaning as provided in s. 366.02 and includes a person,
696partnership, association, or corporation now or hereafter owning
697or operating equipment or facilities in the state for conveying
698or transmitting messages or communications by telephone or
699telegraph to the public for compensation.
700     Section 31.  Section 938.15, Florida Statutes, is amended
701to read:
702     938.15  Criminal justice education for local government.-In
703addition to the costs provided for in s. 938.01, municipalities
704and counties may assess an additional $2 for expenditures for
705criminal justice education degree programs and training courses,
706including basic recruit training, for their respective officers
707and employing agency support personnel, provided such education
708degree programs and training courses are approved by the
709employing agency administrator, on a form provided by the
710Criminal Justice Standards and Training Commission, for local
711funding.
712     (1)  Workshops, meetings, conferences, and conventions
713shall, on a form approved by the Criminal Justice Standards and
714Training Commission for use by the employing agency, be
715individually approved by the employing agency administrator
716prior to attendance. The form shall include, but not be limited
717to, a demonstration by the employing agency of the purpose of
718the workshop, meeting, conference, or convention; the direct
719relationship of the training to the officer's job; the direct
720benefits the officer and agency will receive; and all
721anticipated costs.
722     (2)  The Criminal Justice Standards and Training Commission
723may inspect and copy the documentation of independent audits
724conducted of the municipalities and counties which make such
725assessments to ensure that such assessments have been made and
726that expenditures are in conformance with the requirements of
727this subsection and with other applicable procedures.
728     Section 32.  Paragraph (b) of subsection (3) of section
729943.051, Florida Statutes, is amended to read:
730     943.051  Criminal justice information; collection and
731storage; fingerprinting.-
732     (3)
733     (b)  A minor who is charged with or found to have committed
734the following offenses shall be fingerprinted and the
735fingerprints shall be submitted to the department:
736     1.  Assault, as defined in s. 784.011.
737     2.  Battery, as defined in s. 784.03.
738     3.  Carrying a concealed weapon, as defined in s.
739790.01(1).
740     4.  Unlawful use of destructive devices or bombs, as
741defined in s. 790.1615(1).
742     5.  Negligent treatment of children, as defined in former
743s. 827.05.
744     6.  Assault or battery on a law enforcement officer, a
745firefighter, or other specified officers, as defined in s.
746784.07(2)(a) and (b).
747     7.  Open carrying of a weapon, as defined in s. 790.053.
748     8.  Exposure of sexual organs, as defined in s. 800.03.
749     9.  Unlawful possession of a firearm, as defined in s.
750790.22(5).
751     10.  Petit theft, as defined in s. 812.014(3).
752     11.  Cruelty to animals, as defined in s. 828.12(1).
753     12.  Arson, as defined in s. 806.031(1).
754     13.  Unlawful possession or discharge of a weapon or
755firearm at a school-sponsored event or on school property as
756defined in s. 790.115.
757     Section 33.  Subsection (6) of section 943.053, Florida
758Statutes, is reenacted to read:
759     943.053  Dissemination of criminal justice information;
760fees.-
761     (6)  Notwithstanding any other provision of law, the
762department shall provide to the Florida Department of Revenue
763Child Support Enforcement access to Florida criminal records
764which are not exempt from disclosure under chapter 119, and to
765such information as may be lawfully available from other states
766via the National Law Enforcement Telecommunications System, for
767the purpose of locating subjects who owe or potentially owe
768support, as defined in s. 409.2554, or to whom such obligation
769is owed pursuant to Title IV-D of the Social Security Act. Such
770information may be provided to child support enforcement
771authorities in other states for these specific purposes.
772     Section 34.  Subsection (6) of section 943.0581, Florida
773Statutes, is amended to read:
774     943.0581  Administrative expunction.-
775     (6)  An application or endorsement under this section is
776not admissible as evidence in any judicial or administrative
777proceeding and may not or otherwise be construed in any way as
778an admission of liability in connection with an arrest.
779     Section 35.  Paragraph (a) of subsection (3) and subsection
780(5) of section 943.0582, Florida Statutes, are reenacted to
781read:
782     943.0582  Prearrest, postarrest, or teen court diversion
783program expunction.-
784     (3)  The department shall expunge the nonjudicial arrest
785record of a minor who has successfully completed a prearrest or
786postarrest diversion program if that minor:
787     (a)  Submits an application for prearrest or postarrest
788diversion expunction, on a form prescribed by the department,
789signed by the minor's parent or legal guardian, or by the minor
790if he or she has reached the age of majority at the time of
791applying.
792     (5)  This section operates retroactively to permit the
793expunction of any nonjudicial record of the arrest of a minor
794who has successfully completed a prearrest or postarrest
795diversion program on or after July 1, 2000; however, in the case
796of a minor whose completion of the program occurred before the
797effective date of this section, the application for prearrest or
798postarrest diversion expunction must be submitted within 6
799months after the effective date of this section.
800     Section 36.  Paragraph (b) of subsection (4) of section
801943.135, Florida Statutes, is reenacted to read:
802     943.135  Requirements for continued employment.-
803     (4)
804     (b)  Any person who qualifies under paragraph (a) may, for
805purposes of meeting the minimum mandatory continuing training or
806education requirements of this section, at the option of an
807employing agency, associate with that agency for the sole
808purpose of securing continuing training or education as required
809by this section and for allowing the agency to report completion
810of the education or training to the Criminal Justice Standards
811and Training Commission. The employing agency with which the
812person has associated shall submit proof of completion of any
813education or training so obtained for purposes of demonstrating
814compliance with this section and shall indicate that the person
815for whom the credits are reported has secured the training under
816the special status authorized by this section. An employing
817agency may require any person so associated to attend continuing
818training or education at the person's own expense and may
819determine the courses or training that a person is to attend
820while associated with the agency. Any person who is permitted to
821associate with an employing agency for purposes of obtaining and
822reporting education or continuing training credits while serving
823in an elected or appointed public office shall not be considered
824to be employed by the employing agency or considered by the
825association with the employing agency to maintain an office
826under s. 5(a), Art. II of the State Constitution.
827     Section 37.  Subsection (5) of section 944.023, Florida
828Statutes, is amended to read:
829     944.023  Comprehensive correctional master plan.-
830     (5)  The comprehensive correctional master plan shall
831project by year the total operating and capital outlay costs
832necessary for constructing a sufficient number of prison beds to
833avoid a deficiency in prison beds. Included in the master plan
834which projects operating and capital outlay costs shall be a
835siting plan which shall assess, rank, and designate appropriate
836sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
837include an assessment of the department's current capability for
838providing the degree of security necessary to ensure public
839safety and should reflect the levels of security needed for the
840forecasted admissions of various types of offenders based upon
841sentence lengths and severity of offenses. The plan shall also
842provide construction options for targeting violent and habitual
843offenders for incarceration while providing specific
844alternatives for the various categories of lesser offenders.
845     Section 38.  Subsection (4) of section 944.053, Florida
846Statutes, is amended to read:
847     944.053  Forestry Work Camps.-
848     (4)  Forestry Work Camps shall house minimum custody
849inmates and medium custody inmates who are not serving a
850sentence for, or who have not been previously convicted of,
851sexual battery pursuant to s. 794.011 or any sexual offense
852specified in s. 917.012(1), unless they have successfully
853completed a treatment program pursuant to s. 917.012.
854     Section 39.  Subsection (1) of section 944.28, Florida
855Statutes, is reenacted to read:
856     944.28  Forfeiture of gain-time and the right to earn gain-
857time in the future.-
858     (1)  If a prisoner is convicted of escape, or if the
859clemency, conditional release as described in chapter 947,
860probation or community control as described in chapter 948,
861provisional release as described in s. 944.277, parole, or
862control release as described in s. 947.146 granted to the
863prisoner is revoked, the department may, without notice or
864hearing, declare a forfeiture of all gain-time earned according
865to the provisions of law by such prisoner prior to such escape
866or his or her release under such clemency, conditional release,
867probation, community control, provisional release, control
868release, or parole.
869     Section 40.  Subsection (2) of section 944.474, Florida
870Statutes, is amended to read:
871     944.474  Legislative intent; employee wellness program;
872drug and alcohol testing.-
873     (2)  Under no circumstances shall employees of the
874department test positive for illegal use of controlled
875substances. An employee of the department may not be under the
876influence of alcohol while on duty. In order to ensure that
877these prohibitions are adhered to by all employees of the
878department and notwithstanding s. 112.0455, the department may
879develop a program for the random drug testing of all employees.
880The department may randomly evaluate employees for the
881contemporaneous use or influence of alcohol through the use of
882alcohol tests and observation methods. Notwithstanding s.
883112.0455(5)(a), the department may develop a program for the
884reasonable suspicion drug testing of employees who are in
885safety-sensitive or special risk positions, as defined in s.
886112.0455(5), for the controlled substances listed in s.
887893.03(3)(d). The reasonable suspicion drug testing authorized
888by this subsection shall be conducted in accordance with s.
889112.0455, but may also include testing upon reasonable suspicion
890based on violent acts or violent behavior of an employee who is
891on or off duty. The department shall adopt rules pursuant to ss.
892120.536(1) and 120.54 that are necessary to administer this
893subsection.
894     Section 41.  Section 944.708, Florida Statutes, is amended
895to read:
896     944.708  Rules.-The Department of Corrections and the
897Agency for Workforce Innovation Department of Labor and
898Employment Security shall adopt promulgate rules to implement
899the provisions of ss. 944.701-944.707.
900     Section 42.  Paragraph (h) of subsection (3) of section
901944.801, Florida Statutes, is amended to read:
902     944.801  Education for state prisoners.-
903     (3)  The responsibilities of the Correctional Education
904Program shall be to:
905     (h)  Develop a written procedure for selecting programs to
906add to or delete from the vocational curriculum. The procedure
907shall include labor market analyses which demonstrate the
908projected demand for certain occupations and the projected
909supply of potential employees. In conducting these analyses, the
910department shall evaluate the feasibility of adding vocational
911education programs which have been identified by the Agency for
912Workforce Innovation Department of Labor and Employment Security
913or a regional coordinating council as being in undersupply in
914this state. The department shall periodically reevaluate the
915vocational education programs in major institutions to determine
916which of the programs support and provide relevant skills to
917inmates who could be assigned to a correctional work program
918that is operated as a Prison Industry Enhancement Program.
919     Section 43.  Paragraph (d) of subsection (3) of section
920945.10, Florida Statutes, is amended to read:
921     945.10  Confidential information.-
922     (3)  Due to substantial concerns regarding institutional
923security and unreasonable and excessive demands on personnel and
924resources if an inmate or an offender has unlimited or routine
925access to records of the Department of Corrections, an inmate or
926an offender who is under the jurisdiction of the department may
927not have unrestricted access to the department's records or to
928information contained in the department's records. However,
929except as to another inmate's or offender's records, the
930department may permit limited access to its records if an inmate
931or an offender makes a written request and demonstrates an
932exceptional need for information contained in the department's
933records and the information is otherwise unavailable.
934Exceptional circumstances include, but are not limited to:
935     (d)  The requested records contain information required to
936process an application or claim by the inmate or offender with
937the Internal Revenue Service, the Social Security
938Administration, the Agency for Workforce Innovation Department
939of Labor and Employment Security, or any other similar
940application or claim with a state agency or federal agency.
941     Section 44.  Section 947.06, Florida Statutes, is reenacted
942to read:
943     947.06  Meeting; when commission may act.-The commission
944shall meet at regularly scheduled intervals and from time to
945time as may otherwise be determined by the chair. The making of
946recommendations to the Governor and Cabinet in matters relating
947to modifications of acts and decisions of the chair as provided
948in s. 947.04(1) shall be by a majority vote of the commission.
949No prisoner shall be placed on parole except as provided in ss.
950947.172 and 947.174 by a panel of no fewer than two
951commissioners appointed by the chair. All matters relating to
952the granting, denying, or revoking of parole shall be decided in
953a meeting at which the public shall have the right to be
954present. Victims of the crime committed by the inmate shall be
955permitted to make an oral statement or submit a written
956statement regarding their views as to the granting, denying, or
957revoking of parole. Persons not members or employees of the
958commission or victims of the crime committed by the inmate may
959be permitted to participate in deliberations concerning the
960granting and revoking of paroles only upon the prior written
961approval of the chair of the commission. To facilitate the
962ability of victims and other persons to attend commission
963meetings, the commission shall meet in various counties
964including, but not limited to, Broward, Duval, Escambia,
965Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
966location chosen being as close as possible to the location where
967the parole-eligible inmate committed the offense for which the
968parole-eligible inmate was sentenced. The commission shall adopt
969rules governing the oral participation of victims and the
970submission of written statements by victims.
971     Section 45.  Paragraph (a) of subsection (4) of section
972947.16, Florida Statutes, is amended to read:
973     947.16  Eligibility for parole; initial parole interviews;
974powers and duties of commission.-
975     (4)  A person who has become eligible for an initial parole
976interview and who may, according to the objective parole
977guidelines of the commission, be granted parole shall be placed
978on parole in accordance with the provisions of this law; except
979that, in any case of a person convicted of murder, robbery,
980burglary of a dwelling or burglary of a structure or conveyance
981in which a human being is present, aggravated assault,
982aggravated battery, kidnapping, sexual battery or attempted
983sexual battery, incest or attempted incest, an unnatural and
984lascivious act or an attempted unnatural and lascivious act,
985lewd and lascivious behavior, assault or aggravated assault when
986a sexual act is completed or attempted, battery or aggravated
987battery when a sexual act is completed or attempted, arson, or
988any felony involving the use of a firearm or other deadly weapon
989or the use of intentional violence, at the time of sentencing
990the judge may enter an order retaining jurisdiction over the
991offender for review of a commission release order. This
992jurisdiction of the trial court judge is limited to the first
993one-third of the maximum sentence imposed. When any person is
994convicted of two or more felonies and concurrent sentences are
995imposed, then the jurisdiction of the trial court judge as
996provided herein applies to the first one-third of the maximum
997sentence imposed for the highest felony of which the person was
998convicted. When any person is convicted of two or more felonies
999and consecutive sentences are imposed, then the jurisdiction of
1000the trial court judge as provided herein applies to one-third of
1001the total consecutive sentences imposed.
1002     (a)  In retaining jurisdiction for the purposes of this
1003act, the trial court judge shall state the justification with
1004individual particularity, and such justification shall be made a
1005part of the court record. A copy of such justification shall be
1006delivered to the department together with the commitment issued
1007by the court pursuant to s. 944.17 944.16.
1008     Section 46.  Subsection (2) of section 949.071, Florida
1009Statutes, is amended to read:
1010     949.071  Definition of "state" as used in s. 949.07;
1011further declaration relating to interstate compacts.-
1012     (2)  It is hereby recognized and further declared that
1013pursuant to the consent and authorization contained in s. 112
1014111(b) of Title 4 of the United States Code as added by Pub. L.
1015No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
1016party to the Interstate Compact for Adult Offender Supervision,
1017with any additional jurisdiction legally joining in the compact
1018when such jurisdiction enacts the compact in accordance with the
1019terms thereof.
1020     Section 47.  Paragraph (e) of subsection (9) of section
1021951.23, Florida Statutes, is amended to read:
1022     951.23  County and municipal detention facilities;
1023definitions; administration; standards and requirements.-
1024     (9)  INMATE COMMISSARY AND WELFARE FUND.-
1025     (e)  The officer in charge shall be responsible for an
1026audit of the fiscal management of the commissary by a
1027disinterested party on an annual basis, which shall include
1028certification of compliance with the pricing requirements of
1029paragraph (1)(b) above. Appropriate transaction records and
1030stock inventory shall be kept current.
1031     Section 48.  Paragraph (c) of subsection (1) of section
1032951.231, Florida Statutes, is amended to read:
1033     951.231  County residential probation program.-
1034     (1)  Any prisoner who has been sentenced under s. 921.18 to
1035serve a sentence in a county residential probation center as
1036described in s. 951.23 shall:
1037     (c)  Participate in and complete the program required by s.
1038958.045 958.04(4), if required by the supervisor of the center.
1039     Section 49.  Subsection (4) of section 957.07, Florida
1040Statutes, is amended to read:
1041     957.07  Cost-saving requirements.-
1042     (4)  The Department of Corrections shall provide a report
1043detailing the state cost to design, finance, acquire, lease,
1044construct, and operate a facility similar to the private
1045correctional facility on a per diem basis. This report shall be
1046provided to the Auditor General in sufficient time that it may
1047be certified to the Department of Management Services commission
1048to be included in the request for proposals.
1049     Section 50.  Paragraph (b) of subsection (3) of section
1050960.003, Florida Statutes, is amended to read:
1051     960.003  HIV testing for persons charged with or alleged by
1052petition for delinquency to have committed certain offenses;
1053disclosure of results to victims.-
1054     (3)  DISCLOSURE OF RESULTS.-
1055     (b)  At the time that the results are disclosed to the
1056victim or the victim's legal guardian, or to the parent or legal
1057guardian of a victim if the victim is a minor, the same
1058immediate opportunity for face-to-face counseling which must be
1059made available under s. 381.004(3)(e) to those who undergo HIV
1060testing shall also be afforded to the victim or the victim's
1061legal guardian, or to the parent or legal guardian of the victim
1062if the victim is a minor.
1063     Section 51.  Subsections (6) and (7) of section 984.225,
1064Florida Statutes, are amended to read:
1065     984.225  Powers of disposition; placement in a staff-secure
1066shelter.-
1067     (6)  The department is deemed to have exhausted the
1068reasonable remedies offered under this chapter if, at the end of
1069the commitment period, the parent, guardian, or legal custodian
1070continues to refuse to allow the child to remain at home or
1071creates unreasonable conditions for the child's return. If, at
1072the end of the commitment period, the child is not reunited with
1073his or her parent, guardian, or custodian due solely to the
1074continued refusal of the parent, guardian, or custodian to
1075provide food, clothing, shelter, and parental support, the child
1076is considered to be threatened with harm as a result of such
1077acts or omissions, and the court shall direct that the child be
1078handled in every respect as a dependent child. Jurisdiction
1079shall be transferred to the Department of Children and Family
1080Services, and the child's care shall be governed under the
1081relevant provisions parts II and III of chapter 39.
1082     (7)  The court shall review the child's commitment once
1083every 45 days as provided in s. 984.20. The court shall
1084determine whether if the parent, guardian, or custodian has
1085reasonably participated in and financially contributed to the
1086child's counseling and treatment program. The court shall also
1087determine whether the department's efforts to reunite the family
1088have been reasonable. If the court finds an inadequate level of
1089support or participation by the parent, guardian, or custodian
1090prior to the end of the commitment period, the court shall
1091direct that the child be handled in every respect as a dependent
1092child. Jurisdiction shall be transferred to the Department of
1093Children and Family Services, and the child's care shall be
1094governed under the relevant provisions parts II and III of
1095chapter 39.
1096     Section 52.  Section 985.486, Florida Statutes, is amended
1097to read:
1098     985.486  Intensive residential treatment programs for
1099offenders less than 13 years of age; prerequisite for
1100commitment.-No child who is eligible for commitment to an
1101intensive residential treatment program for offenders less than
110213 years of age under as established in s. 985.483(1), may be
1103committed to any intensive residential treatment program for
1104offenders less than 13 years of age under as established in s.
1105985.483, unless such program has been established by the
1106department through existing resources or specific appropriation,
1107for such program.
1108     Section 53.  Paragraph (a) of subsection (4) and subsection
1109(7) of section 985.632, Florida Statutes, are amended to read:
1110     985.632  Quality assurance and cost-effectiveness.-
1111     (4)(a)  The department of Juvenile Justice, in consultation
1112with the Office of Economic and Demographic Research, and
1113contract service providers, shall develop a cost-effectiveness
1114model and apply the model to each commitment program. Program
1115recidivism rates shall be a component of the model. The cost-
1116effectiveness model shall compare program costs to client
1117outcomes and program outputs. It is the intent of the
1118Legislature that continual development efforts take place to
1119improve the validity and reliability of the cost-effectiveness
1120model and to integrate the standard methodology developed under
1121s. 985.401(4) for interpreting program outcome evaluations.
1122     (7)  No later than November 1, 2001, the department shall
1123submit a proposal to the Legislature concerning funding
1124incentives and disincentives for the department and for
1125providers under contract with the department. The
1126recommendations for funding incentives and disincentives shall
1127be based upon both quality assurance performance and cost-
1128effectiveness performance. The proposal should strive to achieve
1129consistency in incentives and disincentives for both department-
1130operated and contractor-provided programs. The department may
1131include recommendations for the use of liquidated damages in the
1132proposal; however, the department is not presently authorized to
1133contract for liquidated damages in non-hardware-secure
1134facilities until January 1, 2002.
1135     Section 54.  Paragraph (b) of subsection (2) of section
1136985.686, Florida Statutes, is reenacted to read:
1137     985.686  Shared county and state responsibility for
1138juvenile detention.-
1139     (2)  As used in this section, the term:
1140     (b)  "Fiscally constrained county" means a county within a
1141rural area of critical economic concern as designated by the
1142Governor pursuant to s. 288.0656 or each county for which the
1143value of a mill will raise no more than $5 million in revenue,
1144based on the certified school taxable value certified pursuant
1145to s. 1011.62(4)(a)1.a., from the previous July 1.
1146     Section 55.  This act shall take effect July 1, 2010.


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