July 10, 2020
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       Florida Senate - 2010                                    SB 2364
       
       
       
       By Senator Dockery
       
       
       
       
       15-01672-10                                           20102364__
    1                        A bill to be entitled                      
    2         An act relating to criminal statutes; amending s.
    3         775.0877, F.S., relating to the criminal transmission
    4         of HIV; conforming a reference; amending s. 775.25,
    5         F.S., relating to prosecutions for acts or omissions;
    6         clarifying a cross-reference to a former statute;
    7         amending s. 784.07, F.S.; deleting a reference to
    8         “intake officer”; amending s. 815.03, F.S., relating
    9         to computer-related crimes; correcting a cross
   10         reference; amending s. 817.554, F.S., relating to
   11         fraudulently offering tour or travel-related services;
   12         correcting cross-references; amending s. 828.17, F.S.,
   13         relating to arrest without warrant; removing an
   14         obsolete reference; amending ss. 831.16 and 831.17,
   15         F.S.; clarifying references and penalties applicable
   16         to the offense of possessing counterfeit coins;
   17         amending s. 831.27, F.S., relating to counterfeit
   18         currency; correcting a reference; amending s. 831.30,
   19         F.S., relating to fraud in obtaining drugs; correcting
   20         a cross-reference; amending s. 838.021, F.S.;
   21         clarifying provisions prohibiting harm or threats of
   22         harm against a public servant; reenacting s. 847.0125,
   23         F.S., relating to the retail display of materials
   24         harmful to minors; amending s. 860.13, F.S., relating
   25         to the operation of an aircraft while intoxicated or
   26         in a reckless manner; correcting a reference; amending
   27         s. 865.09, F.S., relating to fictitious name
   28         registration; correcting a reference; amending s.
   29         877.22, F.S., relating to a provision prohibiting a
   30         minor from being in certain places and establishments;
   31         correcting a cross-reference; amending ss. 893.02 and
   32         893.10, F.S., relating to drug abuse prevention and
   33         control; correcting a cross-reference; deleting an
   34         obsolete provision; amending s. 914.24, F.S., relating
   35         to civil action to restrain harassment of a victim or
   36         witness; clarifying a cross-reference; amending ss.
   37         916.12 and 916.3012, F.S., relating to mental
   38         competence to proceed; clarifying provisions; amending
   39         s. 918.0155, F.S., relating to the disposition of
   40         certain cases involving a child; removing obsolete
   41         provisions; amending s. 921.0022, F.S., relating to
   42         the offense severity ranking chart of the Criminal
   43         Punishment Code; conforming references; reenacting s.
   44         921.141(5)(a), F.S., relating to the sentence of death
   45         or life imprisonment for capital felonies; amending s.
   46         921.20, F.S., relating to the classification of
   47         prisoners; correcting a cross-reference; amending s.
   48         932.704, F.S., relating to forfeiture proceedings;
   49         removing obsolete provisions; amending s. 933.18,
   50         F.S., relating to search warrants; correcting a
   51         reference; amending s. 933.40, F.S., relating to
   52         agriculture warrants; correcting terminology; amending
   53         s. 934.03, F.S., relating to the interception of
   54         electronic communications; clarifying a reference to
   55         the term “public utility”; amending s. 938.15, F.S.,
   56         relating to criminal justice education; clarifying a
   57         reference; amending s. 943.051, F.S., relating to
   58         criminal justice information; clarifying a reference
   59         to a former statute; amending s. 943.053, F.S.,
   60         relating to the dissemination of criminal justice
   61         information; clarifying a reference; amending s.
   62         943.0581, F.S., relating to administrative expunction;
   63         clarifying provisions; reenacting s. 943.0582(3)(a)
   64         and (5), F.S., relating to expunction of prearrest,
   65         postarrest, or teen court diversion program
   66         information; reenacting s. 943.135(4)(b), F.S.,
   67         relating to requirements for continued employment as a
   68         law enforcement officer; amending s. 944.023, F.S.,
   69         relating to the comprehensive correctional master
   70         plan; correcting a cross-reference; amending s.
   71         944.474, F.S., relating to drug and alcohol testing of
   72         correctional employees; correcting a cross-reference;
   73         amending s. 944.708, F.S., relating to the adoption of
   74         rules by the Department of Corrections; correcting a
   75         reference; amending s. 944.801, F.S., relating to the
   76         Correctional Education Program; correcting a
   77         reference; reenacting s. 947.06, F.S., relating to
   78         meetings of the Parole Commission; amending s. 947.16,
   79         F.S., relating to eligibility for parole; correcting a
   80         cross-reference; amending s. 949.071, F.S., relating
   81         to parole and probation; correcting a reference;
   82         amending s. 951.23, F.S., relating to county and
   83         municipal detention facilities; correcting a cross
   84         reference; amending s. 951.231, F.S., relating to
   85         county residential probation programs; correcting a
   86         cross-reference; amending s. 957.07, F.S., relating to
   87         the Department of Corrections; correcting a reference;
   88         amending s. 960.003, F.S., relating to HIV testing of
   89         persons charged with or convicted of crimes;
   90         correcting a cross-reference; amending s. 984.225,
   91         F.S., relating to juvenile offenders; correcting
   92         cross-references; amending s. 985.486, F.S., relating
   93         to residential treatment programs for juveniles;
   94         correcting cross-references; amending s. 985.632,
   95         F.S., relating to quality assurance in the Department
   96         of Juvenile Justice; removing obsolete provisions;
   97         reenacting s. 985.686(2)(b), F.S., relating to shared
   98         county and state responsibility for juvenile
   99         detention; providing an effective date.
  100  
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. Subsection (1) of section 775.0877, Florida
  104  Statutes, is amended to read:
  105         775.0877 Criminal transmission of HIV; procedures;
  106  penalties.—
  107         (1) In any case in which a person has been convicted of or
  108  has pled nolo contendere or guilty to, regardless of whether
  109  adjudication is withheld, any of the following offenses, or the
  110  attempt thereof, which offense or attempted offense involves the
  111  transmission of body fluids from one person to another:
  112         (a) Section 794.011, relating to sexual battery,
  113         (b) Section 826.04, relating to incest,
  114         (c) Section 800.04(1), (2), and (3), relating to lewd or
  115  lascivious offenses committed upon or in the presence of
  116  persons, lascivious, or indecent assault or act upon any person
  117  less than 16 years of age,
  118         (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
  119  relating to assault,
  120         (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
  121  relating to aggravated assault,
  122         (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
  123  relating to battery,
  124         (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
  125  relating to aggravated battery,
  126         (h) Section 827.03(1), relating to child abuse,
  127         (i) Section 827.03(2), relating to aggravated child abuse,
  128         (j) Section 825.102(1), relating to abuse of an elderly
  129  person or disabled adult,
  130         (k) Section 825.102(2), relating to aggravated abuse of an
  131  elderly person or disabled adult,
  132         (l) Section 827.071, relating to sexual performance by
  133  person less than 18 years of age,
  134         (m) Sections 796.03, 796.07, and 796.08, relating to
  135  prostitution, or
  136         (n) Section 381.0041(11)(b), relating to donation of blood,
  137  plasma, organs, skin, or other human tissue,
  138  
  139  the court shall order the offender to undergo HIV testing, to be
  140  performed under the direction of the Department of Health in
  141  accordance with s. 381.004, unless the offender has undergone
  142  HIV testing voluntarily or pursuant to procedures established in
  143  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  144  rule providing for HIV testing of criminal offenders or inmates,
  145  subsequent to her or his arrest for an offense enumerated in
  146  paragraphs (a)-(n) for which she or he was convicted or to which
  147  she or he pled nolo contendere or guilty. The results of an HIV
  148  test performed on an offender pursuant to this subsection are
  149  not admissible in any criminal proceeding arising out of the
  150  alleged offense.
  151         Section 2. Section 775.25, Florida Statutes, is amended to
  152  read:
  153         775.25 Prosecutions for acts or omissions.—A sexual
  154  predator or sexual offender who commits any act or omission in
  155  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
  156  944.607, or former s. 947.177 may be prosecuted for the act or
  157  omission in the county in which the act or omission was
  158  committed, the county of the last registered address of the
  159  sexual predator or sexual offender, or the county in which the
  160  conviction occurred for the offense or offenses that meet the
  161  criteria for designating a person as a sexual predator or sexual
  162  offender. In addition, a sexual predator may be prosecuted for
  163  any such act or omission in the county in which he or she was
  164  designated a sexual predator.
  165         Section 3. Subsection (2) of section 784.07, Florida
  166  Statutes, is amended to read:
  167         784.07 Assault or battery of law enforcement officers,
  168  firefighters, emergency medical care providers, public transit
  169  employees or agents, or other specified officers;
  170  reclassification of offenses; minimum sentences.—
  171         (2) Whenever any person is charged with knowingly
  172  committing an assault or battery upon a law enforcement officer,
  173  a firefighter, an emergency medical care provider, a traffic
  174  accident investigation officer as described in s. 316.640, a
  175  nonsworn law enforcement agency employee who is certified as an
  176  agency inspector, blood alcohol analyst, or a breath test
  177  operator while such employee is in uniform and engaged in
  178  processing, testing, evaluating, analyzing, or transporting a
  179  person who is detained or under arrest for DUI, a law
  180  enforcement explorer, a traffic infraction enforcement officer
  181  as described in s. 316.640, a parking enforcement specialist as
  182  defined in s. 316.640, a person licensed as a security officer
  183  as defined in s. 493.6101 and wearing a uniform that bears at
  184  least one patch or emblem that is visible at all times that
  185  clearly identifies the employing agency and that clearly
  186  identifies the person as a licensed security officer, or a
  187  security officer employed by the board of trustees of a
  188  community college, while the officer, firefighter, emergency
  189  medical care provider, intake officer, traffic accident
  190  investigation officer, traffic infraction enforcement officer,
  191  inspector, analyst, operator, law enforcement explorer, parking
  192  enforcement specialist, public transit employee or agent, or
  193  security officer is engaged in the lawful performance of his or
  194  her duties, the offense for which the person is charged shall be
  195  reclassified as follows:
  196         (a) In the case of assault, from a misdemeanor of the
  197  second degree to a misdemeanor of the first degree.
  198         (b) In the case of battery, from a misdemeanor of the first
  199  degree to a felony of the third degree.
  200         (c) In the case of aggravated assault, from a felony of the
  201  third degree to a felony of the second degree. Notwithstanding
  202  any other provision of law, any person convicted of aggravated
  203  assault upon a law enforcement officer shall be sentenced to a
  204  minimum term of imprisonment of 3 years.
  205         (d) In the case of aggravated battery, from a felony of the
  206  second degree to a felony of the first degree. Notwithstanding
  207  any other provision of law, any person convicted of aggravated
  208  battery of a law enforcement officer shall be sentenced to a
  209  minimum term of imprisonment of 5 years.
  210         Section 4. Subsection (11) of section 815.03, Florida
  211  Statutes, is amended to read:
  212         815.03 Definitions.—As used in this chapter, unless the
  213  context clearly indicates otherwise:
  214         (11) “Property” means anything of value as defined in s.
  215  812.012 812.011 and includes, but is not limited to, financial
  216  instruments, information, including electronically produced data
  217  and computer software and programs in either machine-readable or
  218  human-readable form, and any other tangible or intangible item
  219  of value.
  220         Section 5. Subsection (4) of section 817.554, Florida
  221  Statutes, is amended to read:
  222         817.554 Fraudulently offering for sale tour or travel
  223  related services.—
  224         (4) Any individual or group which meets the standards of
  225  organized fraud as defined in s. 817.034 817.036 shall be
  226  punished as provided in s. 817.034 817.036.
  227         Section 6. Section 828.17, Florida Statutes, is amended to
  228  read:
  229         828.17 Officer to arrest without warrant.—Any sheriff or
  230  any other peace officer of the state, or any police officer of
  231  any city or town of the state, shall arrest without warrant any
  232  person found violating any of the provisions of ss. 828.04,
  233  828.08, 828.12, and 828.13-828.16, and the officer making the
  234  arrest shall hold the offender until a warrant can be procured,
  235  and he or she shall use proper diligence to procure such
  236  warrant.
  237         Section 7. Section 831.16, Florida Statutes, is amended to
  238  read:
  239         831.16 Having fewer less than 10 counterfeit coins in
  240  possession, with intent to utter.—Whoever has in his or her
  241  possession any number of pieces fewer less than 10 of the
  242  counterfeit coin mentioned in s. 831.15 the preceding section,
  243  knowing the same to be counterfeit, with intent to utter or pass
  244  the same as true, or who utters, passes or tenders in payment as
  245  true any such counterfeit coin, knowing the same to be false and
  246  counterfeit, commits a felony of the third degree, punishable as
  247  provided in s. 775.082, s. 775.083, or s. 775.084 shall be
  248  punished by imprisonment in the state prison not exceeding 10
  249  years, or in the county jail not exceeding 12 months, or by fine
  250  not exceeding $1,000.
  251         Section 8. Section 831.17, Florida Statutes, is amended to
  252  read:
  253         831.17 Violation of s. 831.16; second conviction.—Whoever
  254  having been convicted of either of the offenses mentioned in s.
  255  831.16 the preceding section, is again convicted of either of
  256  the same offenses, committed after the former conviction, and
  257  whoever is at the same term of the court convicted upon three
  258  distinct charges of said offenses, commits a felony of the
  259  second degree, punishable as provided in s. 775.082, s. 775.083,
  260  or s. 775.084 shall be deemed a common utterer of counterfeit
  261  coin and punished by imprisonment in the state prison not
  262  exceeding 20 years.
  263         Section 9. Section 831.27, Florida Statutes, is amended to
  264  read:
  265         831.27 Issuing notes.—Whoever issues any note, bill, order
  266  or check, other than foreign bills of exchange and notes or
  267  bills of some bank or company incorporated by the laws of this
  268  state, or by the laws of the United States, or by the laws of
  269  Canada either of the British provinces in North America, with
  270  intent that the same shall be circulated as currency, shall be
  271  guilty of a misdemeanor of the second degree, punishable as
  272  provided in s. 775.083.
  273         Section 10. Section 831.30, Florida Statutes, is amended to
  274  read:
  275         831.30 Medicinal drugs; fraud in obtaining.—Whoever:
  276         (1) Falsely makes, alters, or forges any prescription, as
  277  defined in s. 465.003 465.031(2), for a medicinal drug other
  278  than a drug controlled by chapter 893;
  279         (2) Knowingly causes such prescription to be falsely made,
  280  altered, forged, or counterfeited; or
  281         (3) Passes, utters or publishes such prescription or
  282  otherwise knowingly holds out such false or forged prescription
  283  as true,
  284  
  285  with intent to obtain such drug, shall be guilty of a
  286  misdemeanor of the second degree, punishable as provided in s.
  287  775.082 or s. 775.083. A second or subsequent conviction shall
  288  constitute a misdemeanor of the first degree, punishable as
  289  provided in s. 775.082 or s. 775.083.
  290         Section 11. Subsection (1) of section 838.021, Florida
  291  Statutes, is amended to read:
  292         838.021 Corruption by threat against public servant.—
  293         (1) It is unlawful to harm or threaten to Whoever
  294  unlawfully harms or threatens unlawful harm to any public
  295  servant, to his or her immediate family, or to any other person
  296  with whose welfare the public servant is interested, with the
  297  intent or purpose:
  298         (a) To influence the performance of any act or omission
  299  which the person believes to be, or the public servant
  300  represents as being, within the official discretion of the
  301  public servant, in violation of a public duty, or in performance
  302  of a public duty.
  303         (b) To cause or induce the public servant to use or exert,
  304  or procure the use or exertion of, any influence upon or with
  305  any other public servant regarding any act or omission which the
  306  person believes to be, or the public servant represents as
  307  being, within the official discretion of the public servant, in
  308  violation of a public duty, or in performance of a public duty.
  309         Section 12. Section 847.0125, Florida Statutes, is
  310  reenacted to read:
  311         847.0125 Retail display of materials harmful to minors
  312  prohibited.—
  313         (1) “KNOWINGLY” DEFINED.—As used in this section,
  314  “knowingly” means having general knowledge of, reason to know,
  315  or a belief or ground for belief which warrants further
  316  inspection or inquiry of both:
  317         (a) The character and content of any material described
  318  herein which is reasonably susceptible of examination by the
  319  defendant, and
  320         (b) The age of the minor; however, an honest mistake shall
  321  constitute an excuse from liability hereunder if the defendant
  322  made a reasonable bona fide attempt to ascertain the true age of
  323  such minor.
  324         (2) OFFENSES AND PENALTIES.—
  325         (a) It is unlawful for anyone offering for sale in a retail
  326  establishment open to the general public any book, magazine, or
  327  other printed material, the cover of which depicts material
  328  which is harmful to minors, to knowingly exhibit such book,
  329  magazine, or material in such establishment in such a way that
  330  it is on open display to, or within the convenient reach of,
  331  minors who may frequent the retail establishment. Such items
  332  shall, however, be displayed, either individually or
  333  collectively, behind an opaque covering which conceals the book,
  334  magazine, or other printed material.
  335         (b) It is unlawful for anyone offering for sale in a retail
  336  establishment open to the general public any book, magazine, or
  337  other printed material, the content of which exploits, is
  338  devoted to, or is principally made up of descriptions or
  339  depictions of material which is harmful to minors, to knowingly
  340  exhibit such book, magazine, or material in such establishment
  341  in such a way that it is within the convenient reach of minors
  342  who may frequent the retail establishment.
  343         (c) A violation of any provision of this section
  344  constitutes a misdemeanor of the first degree, punishable as
  345  provided in s. 775.082 or s. 775.083.
  346         Section 13. Subsection (4) of section 860.13, Florida
  347  Statutes, is amended to read:
  348         860.13 Operation of aircraft while intoxicated or in
  349  careless or reckless manner; penalty.—
  350         (4) It shall be the duty of any court in which there is a
  351  conviction for violation of this statute to report such
  352  conviction to the Federal Aviation Administration Civil
  353  Aeronautics Administration for its guidance and information with
  354  respect to the pilot’s certificate.
  355         Section 14. Subsection (11) of section 865.09, Florida
  356  Statutes, is amended to read:
  357         865.09 Fictitious name registration.—
  358         (11) FORMS.—Registration, cancellation, and renewal shall
  359  be made on forms prescribed by the Department of State, which
  360  may include the uniform business report, pursuant to s. 606.06,
  361  as a means of satisfying the requirement of this section part.
  362         Section 15. Subsection (4) of section 877.22, Florida
  363  Statutes, is amended to read:
  364         877.22 Minors prohibited in public places and
  365  establishments during certain hours; penalty; procedure.—
  366         (4) If a minor violates a curfew and is taken into custody,
  367  the minor shall be transported immediately to a police station
  368  or to a facility operated by a religious, charitable, or civic
  369  organization that conducts a curfew program in cooperation with
  370  a local law enforcement agency. After recording pertinent
  371  information about the minor, the law enforcement agency shall
  372  attempt to contact the parent of the minor and, if successful,
  373  shall request that the parent take custody of the minor and
  374  shall release the minor to the parent. If the law enforcement
  375  agency is not able to contact the minor’s parent within 2 hours
  376  after the minor is taken into custody, or if the parent refuses
  377  to take custody of the minor, the law enforcement agency may
  378  transport the minor to her or his residence or proceed as
  379  authorized under part V II of chapter 39.
  380         Section 16. Subsection (21) of section 893.02, Florida
  381  Statutes, is amended to read:
  382         893.02 Definitions.—The following words and phrases as used
  383  in this chapter shall have the following meanings, unless the
  384  context otherwise requires:
  385         (21) “Prescription” means and includes an order for drugs
  386  or medicinal supplies written, signed, or transmitted by word of
  387  mouth, telephone, telegram, or other means of communication by a
  388  duly licensed practitioner licensed by the laws of the state to
  389  prescribe such drugs or medicinal supplies, issued in good faith
  390  and in the course of professional practice, intended to be
  391  filled, compounded, or dispensed by another person licensed by
  392  the laws of the state to do so, and meeting the requirements of
  393  s. 893.04. The term also includes an order for drugs or
  394  medicinal supplies so transmitted or written by a physician,
  395  dentist, veterinarian, or other practitioner licensed to
  396  practice in a state other than Florida, but only if the
  397  pharmacist called upon to fill such an order determines, in the
  398  exercise of his or her professional judgment, that the order was
  399  issued pursuant to a valid patient-physician relationship, that
  400  it is authentic, and that the drugs or medicinal supplies so
  401  ordered are considered necessary for the continuation of
  402  treatment of a chronic or recurrent illness. However, if the
  403  physician writing the prescription is not known to the
  404  pharmacist, the pharmacist shall obtain proof to a reasonable
  405  certainty of the validity of said prescription. A prescription
  406  order for a controlled substance shall not be issued on the same
  407  prescription blank with another prescription order for a
  408  controlled substance which is named or described in a different
  409  schedule, nor shall any prescription order for a controlled
  410  substance be issued on the same prescription blank as a
  411  prescription order for a medicinal drug, as defined in s.
  412  465.003(8) 465.031(5), which does not fall within the definition
  413  of a controlled substance as defined in this act.
  414         Section 17. Subsection (2) of section 893.10, Florida
  415  Statutes, is amended, and subsections (3) and (4) of that
  416  section are redesignated as subsections (2) and (3),
  417  respectively, to read:
  418         893.10 Burden of proof; photograph or video recording of
  419  evidence.—
  420         (2) In the case of a person charged under s. 893.14(1) with
  421  the possession of a controlled substance, the label required
  422  under s. 893.04(1) or s. 893.05(2) is admissible in evidence and
  423  prima facie evidence that such substance was obtained pursuant
  424  to a valid prescription form or dispensed by a practitioner
  425  while acting in the course of his or her professional practice.
  426         Section 18. Paragraph (a) of subsection (2) of section
  427  914.24, Florida Statutes, is amended to read:
  428         914.24 Civil action to restrain harassment of a victim or
  429  witness.—
  430         (2)(a) A circuit court, upon motion of the state attorney,
  431  shall issue a protective order prohibiting the harassment of a
  432  victim or witness in a criminal case if the court, after a
  433  hearing, finds by a preponderance of the evidence that
  434  harassment of an identified victim or witness in a criminal case
  435  exists or that such order is necessary to prevent and restrain
  436  an offense under s. 914.22, other than an offense consisting of
  437  misleading conduct, or to prevent and restrain an offense under
  438  s. 914.23.
  439         Section 19. Subsection (3) of section 916.12, Florida
  440  Statutes, is amended to read:
  441         916.12 Mental competence to proceed.—
  442         (3) In considering the issue of competence to proceed, an
  443  examining expert shall first consider and specifically include
  444  in his or her report the defendant’s capacity to:
  445         (a) Appreciate the charges or allegations against the
  446  defendant.
  447         (b) Appreciate the range and nature of possible penalties,
  448  if applicable, that may be imposed in the proceedings against
  449  the defendant.
  450         (c) Understand the adversarial nature of the legal process.
  451         (d) Disclose to counsel facts pertinent to the proceedings
  452  at issue.
  453         (e) Manifest appropriate courtroom behavior.
  454         (f) Testify relevantly.
  455  
  456  (g)In addition, an examining expert shall include in his or her
  457  report any other factor deemed relevant by the expert.
  458         Section 20. Subsection (3) of section 916.3012, Florida
  459  Statutes, is amended to read:
  460         916.3012 Mental competence to proceed.—
  461         (3) In considering the issue of competence to proceed, the
  462  examining experts shall first consider and specifically include
  463  in their report the defendant’s capacity to:
  464         (a) Appreciate the charges or allegations against the
  465  defendant.
  466         (b) Appreciate the range and nature of possible penalties,
  467  if applicable, that may be imposed in the proceedings against
  468  the defendant.
  469         (c) Understand the adversarial nature of the legal process.
  470         (d) Disclose to counsel facts pertinent to the proceedings
  471  at issue.
  472         (e) Manifest appropriate courtroom behavior.
  473         (f) Testify relevantly.
  474  
  475  (g)In addition, the examining experts shall consider and
  476  include in their report any other factor deemed relevant by the
  477  experts.
  478         Section 21. Section 918.0155, Florida Statutes, is amended
  479  to read:
  480         918.0155 Expeditious disposition of particular criminal
  481  cases involving a child under age 16.—Every criminal case
  482  prosecuted under chapter 782, chapter 784, chapter 787, chapter
  483  794, chapter 796, chapter 800, chapter 827, or chapter 847 which
  484  involves the abuse of a child or unlawful sexual contact or acts
  485  performed in the presence of, with, or upon a child under the
  486  age of 16 shall be heard and disposed of as expeditiously as
  487  possible. The Legislature requests the Supreme Court to adopt
  488  emergency rules regarding the expeditious handling of the
  489  matters enumerated in this section.
  490         Section 22. Paragraphs (b) and (d) of subsection (3) of
  491  section 921.0022, Florida Statutes, are amended to read:
  492         921.0022 Criminal Punishment Code; offense severity ranking
  493  chart.—
  494         (3) OFFENSE SEVERITY RANKING CHART
  495         (b) LEVEL 2
  496  FloridaStatute    FelonyDegree                Description                
  497  379.2431(1)(e)3.  3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
  498  379.2431(1)(e)4.  3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
  499  403.413(5)(c)     3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
  500  517.07            3rd     Registration of securities and furnishing of prospectus required.
  501  590.28(1)         3rd     Willful, malicious, or Intentional burning of lands.
  502  784.05(3)         3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
  503  787.04(1)         3rd     In violation of court order, take, entice, etc., minor beyond state limits.
  504  806.13(1)(b)3.    3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
  505  810.061(2)        3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
  506  810.09(2)(e)      3rd     Trespassing on posted commercial horticulture property.
  507  812.014(2)(c)1.   3rd     Grand theft, 3rd degree; $300 or more but less than $5,000.
  508  812.014(2)(d)     3rd     Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
  509  812.015(7)        3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
  510  817.234(1)(a)2.   3rd     False statement in support of insurance claim.
  511  817.481(3)(a)     3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
  512  817.52(3)         3rd     Failure to redeliver hired vehicle.        
  513  817.54            3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
  514  817.60(5)         3rd     Dealing in credit cards of another.        
  515  817.60(6)(a)      3rd     Forgery; purchase goods, services with false card.
  516  817.61            3rd     Fraudulent use of credit cards over $100 or more within 6 months.
  517  826.04            3rd     Knowingly marries or has sexual intercourse with person to whom related.
  518  831.01            3rd     Forgery.                                   
  519  831.02            3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
  520  831.07            3rd     Forging bank bills, checks, drafts, or promissory notes.
  521  831.08            3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
  522  831.09            3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
  523  831.11            3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
  524  832.05(3)(a)      3rd     Cashing or depositing item with intent to defraud.
  525  843.08            3rd     Falsely impersonating an officer.          
  526  893.13(2)(a)2.    3rd     Purchase 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.
  527  893.147(2)        3rd     Manufacture or delivery of drug paraphernalia.
  528  
  529         (d) LEVEL 4
  530  FloridaStatute    FelonyDegree                Description                
  531  316.1935(3)(a)    2nd     Driving 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.
  532  499.0051(1)       3rd     Failure to maintain or deliver pedigree papers.
  533  499.0051(2)       3rd     Failure to authenticate pedigree papers.   
  534  499.0051(6)       2nd     Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  535  784.07(2)(b)      3rd     Battery of law enforcement officer, firefighter, intake officer, etc.
  536  784.074(1)(c)     3rd     Battery of sexually violent predators facility staff.
  537  784.075           3rd     Battery on detention or commitment facility staff.
  538  784.078           3rd     Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  539  784.08(2)(c)      3rd     Battery on a person 65 years of age or older.
  540  784.081(3)        3rd     Battery on specified official or employee. 
  541  784.082(3)        3rd     Battery by detained person on visitor or other detainee.
  542  784.083(3)        3rd     Battery on code inspector.                 
  543  784.085           3rd     Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  544  787.03(1)         3rd     Interference with custody; wrongly takes minor from appointed guardian.
  545  787.04(2)         3rd     Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  546  787.04(3)         3rd     Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  547  790.115(1)        3rd     Exhibiting firearm or weapon within 1,000 feet of a school.
  548  790.115(2)(b)     3rd     Possessing electric weapon or device, destructive device, or other weapon on school property.
  549  790.115(2)(c)     3rd     Possessing firearm on school property.     
  550  800.04(7)(c)      3rd     Lewd or lascivious exhibition; offender less than 18 years.
  551  810.02(4)(a)      3rd     Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  552  810.02(4)(b)      3rd     Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  553  810.06            3rd     Burglary; possession of tools.             
  554  810.08(2)(c)      3rd     Trespass on property, armed with firearm or dangerous weapon.
  555  812.014(2)(c)3.   3rd     Grand theft, 3rd degree $10,000 or more but less than $20,000.
  556  812.014(2)(c)4.-10.3rd     Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
  557  812.0195(2)       3rd     Dealing in stolen property by use of the Internet; property stolen $300 or more.
  558  817.563(1)        3rd     Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  559  817.568(2)(a)     3rd     Fraudulent use of personal identification information.
  560  817.625(2)(a)     3rd     Fraudulent use of scanning device or reencoder.
  561  828.125(1)        2nd     Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  562  837.02(1)         3rd     Perjury in official proceedings.           
  563  837.021(1)        3rd     Make contradictory statements in official proceedings.
  564  838.022           3rd     Official misconduct.                       
  565  839.13(2)(a)      3rd     Falsifying records of an individual in the care and custody of a state agency.
  566  839.13(2)(c)      3rd     Falsifying records of the Department of Children and Family Services.
  567  843.021           3rd     Possession of a concealed handcuff key by a person in custody.
  568  843.025           3rd     Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  569  843.15(1)(a)      3rd     Failure to appear while on bail for felony (bond estreature or bond jumping).
  570  847.0135(5)(c)    3rd     Lewd or lascivious exhibition using computer; offender less than 18 years.
  571  874.05(1)         3rd     Encouraging or recruiting another to join a criminal gang.
  572  893.13(2)(a)1.    2nd     Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
  573  914.14(2)         3rd     Witnesses accepting bribes.                
  574  914.22(1)         3rd     Force, threaten, etc., witness, victim, or informant.
  575  914.23(2)         3rd     Retaliation against a witness, victim, or informant, no bodily injury.
  576  918.12            3rd     Tampering with jurors.                     
  577  934.215           3rd     Use of two-way communications device to facilitate commission of a crime.
  578         Section 23. Paragraph (a) of subsection (5) of section
  579  921.141, Florida Statutes, is reenacted to read:
  580         921.141 Sentence of death or life imprisonment for capital
  581  felonies; further proceedings to determine sentence.—
  582         (5) AGGRAVATING CIRCUMSTANCES.—Aggravating circumstances
  583  shall be limited to the following:
  584         (a) The capital felony was committed by a person previously
  585  convicted of a felony and under sentence of imprisonment or
  586  placed on community control or on felony probation.
  587         Section 24. Section 921.20, Florida Statutes, is amended to
  588  read:
  589         921.20 Classification summary; Parole Commission.—As soon
  590  as possible after a prisoner has been placed in the custody of
  591  the Department of Corrections, the classification board shall
  592  furnish a classification summary to the Parole Commission for
  593  use as provided in s. 945.25 947.14. The summary shall include
  594  the criminal, personal, social, and environmental background and
  595  other relevant factors considered in classifying the prisoner
  596  for a penal environment best suited for the prisoner’s rapid
  597  rehabilitation.
  598         Section 25. Paragraph (a) of subsection (11) of section
  599  932.704, Florida Statutes, is amended to read:
  600         932.704 Forfeiture proceedings.—
  601         (11)(a) The Department of Law Enforcement, in consultation
  602  with the Florida Sheriffs Association and the Florida Police
  603  Chiefs Association, shall develop guidelines and training
  604  procedures to be used by state and local law enforcement
  605  agencies and state attorneys in implementing the Florida
  606  Contraband Forfeiture Act. Each state or local law enforcement
  607  agency that files civil forfeiture actions under the Florida
  608  Contraband Forfeiture Act shall file, by December 31, 1995, a
  609  certificate signed by the agency head or his or her designee,
  610  which represents that the agency’s policies and procedures are
  611  in compliance with the guidelines. Each state or local law
  612  enforcement agency that seizes property for the purpose of
  613  forfeiture shall periodically review seizures of assets made by
  614  the agency’s law enforcement officers, settlements, and
  615  forfeiture proceedings initiated by the agency, to determine
  616  whether such seizures, settlements, and forfeitures comply with
  617  the Florida Contraband Forfeiture Act and the guidelines adopted
  618  under this subsection. The determination of whether an agency
  619  will file a civil forfeiture action must be the sole
  620  responsibility of the head of the agency or his or her designee.
  621         Section 26. Subsection (7) of section 933.18, Florida
  622  Statutes, is amended to read:
  623         933.18 When warrant may be issued for search of private
  624  dwelling.—No search warrant shall issue under this chapter or
  625  under any other law of this state to search any private dwelling
  626  occupied as such unless:
  627         (7) One or more of the following misdemeanor child abuse
  628  offenses is being committed there:
  629         (a) Interference with custody, in violation of s. 787.03.
  630         (b) Commission of an unnatural and lascivious act with a
  631  child, in violation of s. 800.02.
  632         (c) Exposure of sexual organs to a child, in violation of
  633  s. 800.03. If, during a search pursuant to a warrant issued
  634  under this section, a child is discovered and appears to be in
  635  imminent danger, the law enforcement officer conducting such
  636  search may remove the child from the private dwelling and take
  637  the child into protective custody pursuant to chapter 39. The
  638  term “private dwelling” shall be construed to include the room
  639  or rooms used and occupied, not transiently but solely as a
  640  residence, in an apartment house, hotel, boardinghouse, or
  641  lodginghouse. No warrant shall be issued for the search of any
  642  private dwelling under any of the conditions hereinabove
  643  mentioned except on sworn proof by affidavit of some creditable
  644  witness that he or she has reason to believe that one of said
  645  conditions exists, which affidavit shall set forth the facts on
  646  which such reason for belief is based.
  647         Section 27. Subsections (5) and (8) of section 933.40,
  648  Florida Statutes, are amended to read:
  649         933.40 Agriculture warrants.—
  650         (5) Agriculture warrants may be signed by any person
  651  competent to issue search warrants under s. 933.01, either
  652  manually, by signature stamp, or by electronic signature. The
  653  trial court judge or magistrate, upon examination of the
  654  application and proofs submitted, if satisfied that probable
  655  cause exists for the issuing of one or more agriculture
  656  warrants, shall issue such agriculture warrants with his or her
  657  signature and office affixed thereto. Such agriculture warrants
  658  may be served and executed by employees of the department, with
  659  the assistance of third parties supervised by department
  660  employees, and shall authorize department employees with such
  661  assistance to undertake all actions authorized by the warrant.
  662         (8) An agriculture warrant shall be effective for 60 days
  663  and shall authorize multiple executions of the warrant prior to
  664  its expiration. An agriculture warrant may be extended or
  665  renewed by the trial court judge or magistrate who signed and
  666  issued the original warrant upon satisfaction of such official
  667  that probable cause continues to exist for the reissuance of the
  668  warrant. Such warrant must be returned to the issuing official
  669  prior to the expiration date specified in the warrant or within
  670  the extended or renewed time.
  671         Section 28. Paragraph (g) of subsection (2) of section
  672  934.03, Florida Statutes, is amended to read:
  673         934.03 Interception and disclosure of wire, oral, or
  674  electronic communications prohibited.—
  675         (2)(g) It is lawful under ss. 934.03-934.09 for an employee
  676  of:
  677         1. An ambulance service licensed pursuant to s. 401.25, a
  678  fire station employing firefighters as defined by s. 633.30, a
  679  public utility as defined by ss. 365.01 and 366.02, a law
  680  enforcement agency as defined by s. 934.02(10), or any other
  681  entity with published emergency telephone numbers;
  682         2. An agency operating an emergency telephone number “911”
  683  system established pursuant to s. 365.171; or
  684         3. The central abuse hotline operated pursuant to s.
  685  39.201,
  686  
  687  to intercept and record incoming wire communications; however,
  688  such employee may intercept and record incoming wire
  689  communications on designated “911” telephone numbers and
  690  published nonemergency telephone numbers staffed by trained
  691  dispatchers at public safety answering points only. It is also
  692  lawful for such employee to intercept and record outgoing wire
  693  communications to the numbers from which such incoming wire
  694  communications were placed when necessary to obtain information
  695  required to provide the emergency services being requested. For
  696  the purpose of this paragraph, the term “public utility” is
  697  defined as provided in s. 366.02 and also includes a person,
  698  partnership, association, or corporation now or hereafter owning
  699  or operating in the state equipment or facilities for conveying
  700  or transmitting messages or communications by telephone or
  701  telegraph to the public for compensation.
  702         Section 29. Subsection (2) of section 938.15, Florida
  703  Statutes, is amended to read:
  704         938.15 Criminal justice education for local government.—In
  705  addition to the costs provided for in s. 938.01, municipalities
  706  and counties may assess an additional $2 for expenditures for
  707  criminal justice education degree programs and training courses,
  708  including basic recruit training, for their respective officers
  709  and employing agency support personnel, provided such education
  710  degree programs and training courses are approved by the
  711  employing agency administrator, on a form provided by the
  712  commission, for local funding.
  713         (2) The Criminal Justice Standards and Training Commission
  714  may inspect and copy the documentation of independent audits
  715  conducted of the municipalities and counties which make such
  716  assessments to ensure that such assessments have been made and
  717  that expenditures are in conformance with the requirements of
  718  this subsection and with other applicable procedures.
  719         Section 30. Subsection (3) of section 943.051, Florida
  720  Statutes, is amended to read:
  721         943.051 Criminal justice information; collection and
  722  storage; fingerprinting.—
  723         (3)(a) A minor who is charged with or found to have
  724  committed an offense that would be a felony if committed by an
  725  adult shall be fingerprinted and the fingerprints shall be
  726  submitted to the department in the manner prescribed by rule.
  727         (b) A minor who is charged with or found to have committed
  728  the following offenses shall be fingerprinted and the
  729  fingerprints shall be submitted to the department:
  730         1. Assault, as defined in s. 784.011.
  731         2. Battery, as defined in s. 784.03.
  732         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  733         4. Unlawful use of destructive devices or bombs, as defined
  734  in s. 790.1615(1).
  735         5. Negligent treatment of children, as defined in former s.
  736  827.05.
  737         6. Assault or battery on a law enforcement officer, a
  738  firefighter, or other specified officers, as defined in s.
  739  784.07(2)(a) and (b).
  740         7. Open carrying of a weapon, as defined in s. 790.053.
  741         8. Exposure of sexual organs, as defined in s. 800.03.
  742         9. Unlawful possession of a firearm, as defined in s.
  743  790.22(5).
  744         10. Petit theft, as defined in s. 812.014(3).
  745         11. Cruelty to animals, as defined in s. 828.12(1).
  746         12. Arson, as defined in s. 806.031(1).
  747         13. Unlawful possession or discharge of a weapon or firearm
  748  at a school-sponsored event or on school property as defined in
  749  s. 790.115.
  750         Section 31. Subsection (6) of section 943.053, Florida
  751  Statutes, is amended to read:
  752         943.053 Dissemination of criminal justice information;
  753  fees.—
  754         (6) Notwithstanding any other provision of law, the
  755  department shall provide to the Florida Department of Revenue
  756  Child Support Enforcement access to Florida criminal records
  757  which are not exempt from disclosure under chapter 119, and to
  758  such information as may be lawfully available from other states
  759  via the National Law Enforcement Telecommunications System, for
  760  the purpose of locating subjects who owe or potentially owe
  761  support, as defined in s. 409.2554, or to whom such obligation
  762  is owed pursuant to Title IV-D of the Social Security Act. Such
  763  information may be provided to child support enforcement
  764  authorities in other states for these specific purposes.
  765         Section 32. Subsection (6) of section 943.0581, Florida
  766  Statutes, is amended to read:
  767         943.0581 Administrative expunction.—
  768         (6) An application or endorsement under this section is not
  769  admissible as evidence in any judicial or administrative
  770  proceeding and may not or otherwise be construed in any way as
  771  an admission of liability in connection with an arrest.
  772         Section 33. Paragraph (a) of subsections (3) and subsection
  773  (5) of section 943.0582, Florida Statutes, are reenacted to
  774  read:
  775         943.0582 Prearrest, postarrest, or teen court diversion
  776  program expunction.—
  777         (3) The department shall expunge the nonjudicial arrest
  778  record of a minor who has successfully completed a prearrest or
  779  postarrest diversion program if that minor:
  780         (a) Submits an application for prearrest or postarrest
  781  diversion expunction, on a form prescribed by the department,
  782  signed by the minor’s parent or legal guardian, or by the minor
  783  if he or she has reached the age of majority at the time of
  784  applying.
  785         (5) This section operates retroactively to permit the
  786  expunction of any nonjudicial record of the arrest of a minor
  787  who has successfully completed a prearrest or postarrest
  788  diversion program on or after July 1, 2000; however, in the case
  789  of a minor whose completion of the program occurred before the
  790  effective date of this section, the application for prearrest or
  791  postarrest diversion expunction must be submitted within 6
  792  months after the effective date of this section.
  793         Section 34. Paragraph (b) of subsection (4) of section
  794  943.135, Florida Statutes, is reenacted to read:
  795         943.135 Requirements for continued employment.—
  796         (4)
  797         (b) Any person who qualifies under paragraph (a) may, for
  798  purposes of meeting the minimum mandatory continuing training or
  799  education requirements of this section, at the option of an
  800  employing agency, associate with that agency for the sole
  801  purpose of securing continuing training or education as required
  802  by this section and for allowing the agency to report completion
  803  of the education or training to the Criminal Justice Standards
  804  and Training Commission. The employing agency with which the
  805  person has associated shall submit proof of completion of any
  806  education or training so obtained for purposes of demonstrating
  807  compliance with this section and shall indicate that the person
  808  for whom the credits are reported has secured the training under
  809  the special status authorized by this section. An employing
  810  agency may require any person so associated to attend continuing
  811  training or education at the person’s own expense and may
  812  determine the courses or training that a person is to attend
  813  while associated with the agency. Any person who is permitted to
  814  associate with an employing agency for purposes of obtaining and
  815  reporting education or continuing training credits while serving
  816  in an elected or appointed public office shall not be considered
  817  to be employed by the employing agency or considered by the
  818  association with the employing agency to maintain an office
  819  under s. 5(a), Art. II of the State Constitution.
  820         Section 35. Subsection (5) of section 944.023, Florida
  821  Statutes, is amended to read:
  822         944.023 Comprehensive correctional master plan.—
  823         (5) The comprehensive correctional master plan shall
  824  project by year the total operating and capital outlay costs
  825  necessary for constructing a sufficient number of prison beds to
  826  avoid a deficiency in prison beds. Included in the master plan
  827  which projects operating and capital outlay costs shall be a
  828  siting plan which shall assess, rank, and designate appropriate
  829  sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
  830  include an assessment of the department’s current capability for
  831  providing the degree of security necessary to ensure public
  832  safety and should reflect the levels of security needed for the
  833  forecasted admissions of various types of offenders based upon
  834  sentence lengths and severity of offenses. The plan shall also
  835  provide construction options for targeting violent and habitual
  836  offenders for incarceration while providing specific
  837  alternatives for the various categories of lesser offenders.
  838         Section 36. Subsection (2) of section 944.474, Florida
  839  Statutes, is amended to read:
  840         944.474 Legislative intent; employee wellness program; drug
  841  and alcohol testing.—
  842         (2) Under no circumstances shall employees of the
  843  department test positive for illegal use of controlled
  844  substances. An employee of the department may not be under the
  845  influence of alcohol while on duty. In order to ensure that
  846  these prohibitions are adhered to by all employees of the
  847  department and notwithstanding s. 112.0455, the department may
  848  develop a program for the random drug testing of all employees.
  849  The department may randomly evaluate employees for the
  850  contemporaneous use or influence of alcohol through the use of
  851  alcohol tests and observation methods. Notwithstanding s.
  852  112.0455(5)(a), the department may develop a program for the
  853  reasonable suspicion drug testing of employees who are in
  854  safety-sensitive or special risk positions, as defined in s.
  855  112.0455(5), for the controlled substances listed in s.
  856  893.03(3)(d). The reasonable suspicion drug testing authorized
  857  by this subsection shall be conducted in accordance with s.
  858  112.0455, but may also include testing upon reasonable suspicion
  859  based on violent acts or violent behavior of an employee who is
  860  on or off duty. The department shall adopt rules pursuant to ss.
  861  120.536(1) and 120.54 that are necessary to administer this
  862  subsection.
  863         Section 37. Section 944.708, Florida Statutes, is amended
  864  to read:
  865         944.708 Rules.—The Department of Corrections and the Agency
  866  for Workforce Innovation Department of Labor and Employment
  867  Security shall adopt promulgate rules to implement the
  868  provisions of ss. 944.701-944.707.
  869         Section 38. Paragraph (h) of subsection (3) of section
  870  944.801, Florida Statutes, is amended to read:
  871         944.801 Education for state prisoners.—
  872         (3) The responsibilities of the Correctional Education
  873  Program shall be to:
  874         (h) Develop a written procedure for selecting programs to
  875  add to or delete from the vocational curriculum. The procedure
  876  shall include labor market analyses which demonstrate the
  877  projected demand for certain occupations and the projected
  878  supply of potential employees. In conducting these analyses, the
  879  department shall evaluate the feasibility of adding vocational
  880  education programs which have been identified by the Agency for
  881  Workforce Innovation Department of Labor and Employment Security
  882  or a regional coordinating council as being in undersupply in
  883  this state. The department shall periodically reevaluate the
  884  vocational education programs in major institutions to determine
  885  which of the programs support and provide relevant skills to
  886  inmates who could be assigned to a correctional work program
  887  that is operated as a Prison Industry Enhancement Program.
  888         Section 39. Section 947.06, Florida Statutes, is reenacted
  889  to read:
  890         947.06 Meeting; when commission may act.—The commission
  891  shall meet at regularly scheduled intervals and from time to
  892  time as may otherwise be determined by the chair. The making of
  893  recommendations to the Governor and Cabinet in matters relating
  894  to modifications of acts and decisions of the chair as provided
  895  in s. 947.04(1) shall be by a majority vote of the commission.
  896  No prisoner shall be placed on parole except as provided in ss.
  897  947.172 and 947.174 by a panel of no fewer than two
  898  commissioners appointed by the chair. All matters relating to
  899  the granting, denying, or revoking of parole shall be decided in
  900  a meeting at which the public shall have the right to be
  901  present. Victims of the crime committed by the inmate shall be
  902  permitted to make an oral statement or submit a written
  903  statement regarding their views as to the granting, denying, or
  904  revoking of parole. Persons not members or employees of the
  905  commission or victims of the crime committed by the inmate may
  906  be permitted to participate in deliberations concerning the
  907  granting and revoking of paroles only upon the prior written
  908  approval of the chair of the commission. To facilitate the
  909  ability of victims and other persons to attend commission
  910  meetings, the commission shall meet in various counties
  911  including, but not limited to, Broward, Duval, Escambia,
  912  Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
  913  location chosen being as close as possible to the location where
  914  the parole-eligible inmate committed the offense for which the
  915  parole-eligible inmate was sentenced. The commission shall adopt
  916  rules governing the oral participation of victims and the
  917  submission of written statements by victims.
  918         Section 40. Paragraph (a) of subsection (4) of section
  919  947.16, Florida Statutes, is amended to read:
  920         947.16 Eligibility for parole; initial parole interviews;
  921  powers and duties of commission.—
  922         (4) A person who has become eligible for an initial parole
  923  interview and who may, according to the objective parole
  924  guidelines of the commission, be granted parole shall be placed
  925  on parole in accordance with the provisions of this law; except
  926  that, in any case of a person convicted of murder, robbery,
  927  burglary of a dwelling or burglary of a structure or conveyance
  928  in which a human being is present, aggravated assault,
  929  aggravated battery, kidnapping, sexual battery or attempted
  930  sexual battery, incest or attempted incest, an unnatural and
  931  lascivious act or an attempted unnatural and lascivious act,
  932  lewd and lascivious behavior, assault or aggravated assault when
  933  a sexual act is completed or attempted, battery or aggravated
  934  battery when a sexual act is completed or attempted, arson, or
  935  any felony involving the use of a firearm or other deadly weapon
  936  or the use of intentional violence, at the time of sentencing
  937  the judge may enter an order retaining jurisdiction over the
  938  offender for review of a commission release order. This
  939  jurisdiction of the trial court judge is limited to the first
  940  one-third of the maximum sentence imposed. When any person is
  941  convicted of two or more felonies and concurrent sentences are
  942  imposed, then the jurisdiction of the trial court judge as
  943  provided herein applies to the first one-third of the maximum
  944  sentence imposed for the highest felony of which the person was
  945  convicted. When any person is convicted of two or more felonies
  946  and consecutive sentences are imposed, then the jurisdiction of
  947  the trial court judge as provided herein applies to one-third of
  948  the total consecutive sentences imposed.
  949         (a) In retaining jurisdiction for the purposes of this act,
  950  the trial court judge shall state the justification with
  951  individual particularity, and such justification shall be made a
  952  part of the court record. A copy of such justification shall be
  953  delivered to the department together with the commitment issued
  954  by the court pursuant to s. 944.17 944.16.
  955         Section 41. Subsection (2) of section 949.071, Florida
  956  Statutes, is amended to read:
  957         949.071 Definition of “state” as used in s. 949.07; further
  958  declaration relating to interstate compacts.—
  959         (2) It is hereby recognized and further declared that
  960  pursuant to the consent and authorization contained in s. 112
  961  111(b) of Title 4 of the United States Code as added by Pub. L.
  962  No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
  963  party to the Interstate Compact for Adult Offender Supervision,
  964  with any additional jurisdiction legally joining in the compact
  965  when such jurisdiction enacts the compact in accordance with the
  966  terms thereof.
  967         Section 42. Subsection (9) of section 951.23, Florida
  968  Statutes, is amended to read:
  969         951.23 County and municipal detention facilities;
  970  definitions; administration; standards and requirements.—
  971         (9) INMATE COMMISSARY AND WELFARE FUND.—
  972         (a) A commissary may be operated in the detention facility.
  973  If a commissary is established, then an inmate welfare fund
  974  shall also be established. The officer in charge will establish
  975  a procedure for providing commissary or canteen facilities or
  976  access to canteen items for the benefit of the inmate. The
  977  commissary or canteen shall not sell food that competes with the
  978  detention facility food program. It is recommended that inmates
  979  routinely carry no money and that a check-off system from their
  980  account be implemented. If money is permitted, a limit shall be
  981  set and all money in possession in excess of that limit shall be
  982  confiscated and deposited immediately in the inmate welfare
  983  fund, if there is one, unless it is needed as evidence in a
  984  trial or disciplinary hearing. If a detention facility does not
  985  have an inmate welfare fund, confiscated moneys shall be
  986  receipted and placed in the inmate’s personal property or inmate
  987  bank account. A shopping list shall be developed and printed for
  988  the information of all inmates with the prices and special
  989  conditions governing each sale shown clearly on such a list.
  990  Valuable items purchased by inmates shall be added to their
  991  personal property list after purchase and marked for
  992  identification.
  993         (b) Canteen prices shall be set so as not to exceed the
  994  fair market value for comparable products sold in the community
  995  where the facility is located.
  996         (c) Expenses involved in the commissary operation,
  997  including compensation for commissary employees and gratuities
  998  for inmates who may assist such employees, may be paid from the
  999  profit.
 1000         (d) Profits from the commissary shall be used for overall
 1001  inmate welfare, and an inmate welfare fund committee shall
 1002  recommend what expenditures are to be made. Activities of the
 1003  committee shall be reviewed by the officer in charge who shall
 1004  have final authority on expenditures. It is recommended that the
 1005  jail chaplain be a member of the committee.
 1006         (e) The officer in charge shall be responsible for an audit
 1007  of the fiscal management of the commissary by a disinterested
 1008  party on an annual basis, which shall include certification of
 1009  compliance with the pricing requirements of paragraph (1)(b)
 1010  above. Appropriate transaction records and stock inventory shall
 1011  be kept current.
 1012         Section 43. Paragraph (c) of subsection (1) of section
 1013  951.231, Florida Statutes, is amended to read:
 1014         951.231 County residential probation program.—
 1015         (1) Any prisoner who has been sentenced under s. 921.18 to
 1016  serve a sentence in a county residential probation center as
 1017  described in s. 951.23 shall:
 1018         (c) Participate in and complete the program required by s.
 1019  958.045 958.04(4), if required by the supervisor of the center.
 1020         Section 44. Subsection (4) of section 957.07, Florida
 1021  Statutes, is amended to read:
 1022         957.07 Cost-saving requirements.—
 1023         (4) The Department of Corrections shall provide a report
 1024  detailing the state cost to design, finance, acquire, lease,
 1025  construct, and operate a facility similar to the private
 1026  correctional facility on a per diem basis. This report shall be
 1027  provided to the Auditor General in sufficient time that it may
 1028  be certified to the Department of Management Services commission
 1029  to be included in the request for proposals.
 1030         Section 45. Subsection (3) of section 960.003, Florida
 1031  Statutes, is amended to read:
 1032         960.003 HIV testing for persons charged with or alleged by
 1033  petition for delinquency to have committed certain offenses;
 1034  disclosure of results to victims.—
 1035         (3) DISCLOSURE OF RESULTS.—
 1036         (a) The results of the test shall be disclosed no later
 1037  than 2 weeks after the court receives such results, under the
 1038  direction of the Department of Health, to the person charged
 1039  with or alleged by petition for delinquency to have committed or
 1040  to the person convicted of or adjudicated delinquent for any
 1041  offense enumerated in s. 775.0877(1)(a)-(n), which involves the
 1042  transmission of body fluids from one person to another, and,
 1043  upon request, to the victim or the victim’s legal guardian, or
 1044  the parent or legal guardian of the victim if the victim is a
 1045  minor, and to public health agencies pursuant to s. 775.0877. If
 1046  the alleged offender is a juvenile, the test results shall also
 1047  be disclosed to the parent or guardian. When the victim is a
 1048  victim as described in paragraph (2)(b), the test results must
 1049  also be disclosed no later than 2 weeks after the court receives
 1050  such results, to the person charged with or alleged by petition
 1051  for delinquency to have committed or to the person convicted of
 1052  or adjudicated delinquent for any offense enumerated in s.
 1053  775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the
 1054  offense involves the transmission of bodily fluids from one
 1055  person to another, and, upon request, to the victim or the
 1056  victim’s legal guardian, or the parent or legal guardian of the
 1057  victim, and to public health agencies pursuant to s. 775.0877.
 1058  Otherwise, HIV test results obtained pursuant to this section
 1059  are confidential and exempt from the provisions of s. 119.07(1)
 1060  and s. 24(a), Art. I of the State Constitution and shall not be
 1061  disclosed to any other person except as expressly authorized by
 1062  law or court order.
 1063         (b) At the time that the results are disclosed to the
 1064  victim or the victim’s legal guardian, or to the parent or legal
 1065  guardian of a victim if the victim is a minor, the same
 1066  immediate opportunity for face-to-face counseling which must be
 1067  made available under s. 381.004(3)(e) to those who undergo HIV
 1068  testing shall also be afforded to the victim or the victim’s
 1069  legal guardian, or to the parent or legal guardian of the victim
 1070  if the victim is a minor.
 1071         Section 46. Subsections (6) and (7) of section 984.225,
 1072  Florida Statutes, are amended to read:
 1073         984.225 Powers of disposition; placement in a staff-secure
 1074  shelter.—
 1075         (6) The department is deemed to have exhausted the
 1076  reasonable remedies offered under this chapter if, at the end of
 1077  the commitment period, the parent, guardian, or legal custodian
 1078  continues to refuse to allow the child to remain at home or
 1079  creates unreasonable conditions for the child’s return. If, at
 1080  the end of the commitment period, the child is not reunited with
 1081  his or her parent, guardian, or custodian due solely to the
 1082  continued refusal of the parent, guardian, or custodian to
 1083  provide food, clothing, shelter, and parental support, the child
 1084  is considered to be threatened with harm as a result of such
 1085  acts or omissions, and the court shall direct that the child be
 1086  handled in every respect as a dependent child. Jurisdiction
 1087  shall be transferred to the Department of Children and Family
 1088  Services and the child’s care shall be governed under the
 1089  relevant provisions parts II and III of chapter 39.
 1090         (7) The court shall review the child’s commitment once
 1091  every 45 days as provided in s. 984.20. The court shall
 1092  determine if the parent, guardian, or custodian has reasonably
 1093  participated in and financially contributed to the child’s
 1094  counseling and treatment program. The court shall also determine
 1095  whether the department’s efforts to reunite the family have been
 1096  reasonable. If the court finds an inadequate level of support or
 1097  participation by the parent, guardian, or custodian prior to the
 1098  end of the commitment period, the court shall direct that the
 1099  child be handled in every respect as a dependent child.
 1100  Jurisdiction shall be transferred to the Department of Children
 1101  and Family Services and the child’s care shall be governed under
 1102  the relevant provisions parts II and III of chapter 39.
 1103         Section 47. Section 985.486, Florida Statutes, is amended
 1104  to read:
 1105         985.486 Intensive residential treatment programs for
 1106  offenders less than 13 years of age; prerequisite for
 1107  commitment.—No child who is eligible for commitment to an
 1108  intensive residential treatment program for offenders less than
 1109  13 years of age under s. 985.483 as established in s.
 1110  985.483(1), may be committed to any intensive residential
 1111  treatment program for offenders less than 13 years of age under
 1112  s. 985.483 as established in s. 985.483, unless such program has
 1113  been established by the department through existing resources or
 1114  specific appropriation, for such program.
 1115         Section 48. Paragraph (a) of subsection (4) and subsection
 1116  (7) of section 985.632, Florida Statutes, are amended to read:
 1117         985.632 Quality assurance and cost-effectiveness.—
 1118         (4)(a) The Department of Juvenile Justice, in consultation
 1119  with the Office of Economic and Demographic Research, and
 1120  contract service providers, shall develop a cost-effectiveness
 1121  model and apply the model to each commitment program. Program
 1122  recidivism rates shall be a component of the model. The cost
 1123  effectiveness model shall compare program costs to client
 1124  outcomes and program outputs. It is the intent of the
 1125  Legislature that continual development efforts take place to
 1126  improve the validity and reliability of the cost-effectiveness
 1127  model and to integrate the standard methodology developed under
 1128  s. 985.401(4) for interpreting program outcome evaluations.
 1129         (7) No later than November 1, 2001, the department shall
 1130  submit a proposal to the Legislature concerning funding
 1131  incentives and disincentives for the department and for
 1132  providers under contract with the department. The
 1133  recommendations for funding incentives and disincentives shall
 1134  be based upon both quality assurance performance and cost
 1135  effectiveness performance. The proposal should strive to achieve
 1136  consistency in incentives and disincentives for both department
 1137  operated and contractor-provided programs. The department may
 1138  include recommendations for the use of liquidated damages in the
 1139  proposal; however, the department is not presently authorized to
 1140  contract for liquidated damages in non-hardware-secure
 1141  facilities until January 1, 2002.
 1142         Section 49. Paragraph (b) of subsection (2) of section
 1143  985.686, Florida Statutes, is reenacted to read:
 1144         985.686 Shared county and state responsibility for juvenile
 1145  detention.—
 1146         (2) As used in this section, the term:
 1147         (b) “Fiscally constrained county” means a county within a
 1148  rural area of critical economic concern as designated by the
 1149  Governor pursuant to s. 288.0656 or each county for which the
 1150  value of a mill will raise no more than $5 million in revenue,
 1151  based on the certified school taxable value certified pursuant
 1152  to s. 1011.62(4)(a)1.a., from the previous July 1.
 1153         Section 50. This act shall take effect July 1, 2010.

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