December 01, 2020
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       Florida Senate - 2010                             CS for SB 2364
       By the Committee on Criminal Justice; and Senator Dockery
       591-03787-10                                          20102364c1
    1                        A bill to be entitled                      
    2         An act relating to criminal justice; amending s.
    3         775.0877, F.S.; revising obsolete references; amending
    4         s. 775.25, F.S.; clarifying a reference to a repealed
    5         section; amending s. 784.07, F.S.; removing an
    6         outdated reference to certain employees in relation to
    7         assault and battery of specified persons; amending s.
    8         831.16, F.S.; clarifying a cross-reference; clarifying
    9         that it is a third-degree felony for a person to
   10         knowingly have in his or her possession fewer than 10
   11         counterfeit coins with the intent to utter or pass
   12         such coins; amending s. 831.17, F.S.; clarifying a
   13         cross-reference; clarifying that certain subsequent
   14         violations of s. 831.16, F.S., are punishable as a
   15         second-degree felony; amending s. 831.18, F.S.;
   16         clarifying that the offense of making or possessing
   17         instruments for forging bills is punishable as a
   18         third-degree felony; amending s. 831.21, F.S.;
   19         clarifying that the offense of forging or
   20         counterfeiting a doctor’s certificate of examination
   21         is punishable as a third-degree felony; amending s.
   22         831.27, F.S.; correcting a reference relating to the
   23         offense of issuing notes; amending s. 838.021, F.S.;
   24         correcting grammatical errors; reenacting s. 847.0125,
   25         F.S., relating to retail display of materials harmful
   26         to minors; amending s. 860.13, F.S.; correcting an
   27         obsolete reference; amending s. 865.09, F.S.;
   28         correcting a reference; amending s. 893.10, F.S.;
   29         removing obsolete language relating to evidence in
   30         possession of controlled substances cases; reenacting
   31         s. 914.24(2)(a), F.S., relating to victim and witness
   32         protection orders; amending ss. 916.12 and 916.3012,
   33         F.S.; revising and clarifying provisions; amending s.
   34         918.0155, F.S.; deleting obsolete language directing
   35         the Legislature to request the Supreme Court to adopt
   36         emergency rules; amending s. 921.0022, F.S.;
   37         correcting references in the offense severity ranking
   38         chart; reenacting s. 921.141(5)(a), F.S., relating to
   39         sentence of death or life imprisonment for capital
   40         felonies; amending s. 932.704, F.S.; deleting an
   41         obsolete provision relating to the deadline for
   42         certifying compliance with the Contraband Forfeiture
   43         Act; amending s. 933.18, F.S.; correcting a reference
   44         in relation to when a warrant may be issued to search
   45         a dwelling; amending s. 933.40, F.S.; replacing
   46         obsolete references to “magistrate” with references to
   47         “trial court judge”; amending s. 934.03, F.S.;
   48         deleting an obsolete cross-reference; defining the
   49         term “public utility”; amending s. 938.15, F.S.;
   50         clarifying that the term “commission” refers to the
   51         Criminal Justice Standards and Training Commission;
   52         amending s. 943.051, F.S.; clarifying a reference to a
   53         repealed section; amending s. 943.053, F.S.; removing
   54         an obsolete reference; amending s. 943.0581, F.S.;
   55         clarifying provisions; reenacting s. 943.0582(3)(a)
   56         and (5), F.S., relating to prearrest, postarrest, or
   57         teen court diversion program expunction; reenacting s.
   58         943.135(4)(b), F.S., relating to requirements for
   59         continued employment; amending s. 944.053, F.S.;
   60         updating obsolete provisions; reenacting s. 944.28(1),
   61         F.S., relating to gain-time; amending ss. 944.708,
   62         944.801, and 945.10, F.S.; replacing obsolete
   63         references to the Department of Labor and Employment
   64         Security with references to the Agency for Workforce
   65         Innovation; reenacting s. 947.06, F.S., relating to
   66         when the Florida Parole Commission may meet and act;
   67         amending s. 949.071, F.S.; correcting a federal
   68         statutory citation; amending s. 957.07, F.S.;
   69         replacing an obsolete reference to the Correctional
   70         Privatization Commission with a reference to the
   71         Department of Management Services; amending s.
   72         985.486, F.S.; correcting references concerning
   73         intensive residential treatment programs for offenders
   74         less than 13 years of age; amending s. 985.632, F.S.;
   75         removing a reference to a repealed provision; removing
   76         obsolete provisions; reenacting s. 985.686(2)(b),
   77         F.S., relating to county and state responsibility for
   78         juvenile detention; amending ss. 815.03, 817.554,
   79         828.17, 831.30, 877.22, 893.02, 921.20, 944.023,
   80         944.474, 947.16, 951.23, 951.231, 960.003, and
   81         984.225, F.S.; correcting cross-references; providing
   82         an effective date.
   84  Be It Enacted by the Legislature of the State of Florida:
   86         Section 1. Paragraph (c) of subsection (1) of section
   87  775.0877, Florida Statutes, is amended to read:
   88         775.0877 Criminal transmission of HIV; procedures;
   89  penalties.—
   90         (1) In any case in which a person has been convicted of or
   91  has pled nolo contendere or guilty to, regardless of whether
   92  adjudication is withheld, any of the following offenses, or the
   93  attempt thereof, which offense or attempted offense involves the
   94  transmission of body fluids from one person to another:
   95         (c) Section 800.04(1), (2), and (3), relating to lewd or
   96  lascivious offenses committed upon or in the presence of persons
   97  lewd, lascivious, or indecent assault or act upon any person
   98  less than 16 years of age,
  100  the court shall order the offender to undergo HIV testing, to be
  101  performed under the direction of the Department of Health in
  102  accordance with s. 381.004, unless the offender has undergone
  103  HIV testing voluntarily or pursuant to procedures established in
  104  s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
  105  rule providing for HIV testing of criminal offenders or inmates,
  106  subsequent to her or his arrest for an offense enumerated in
  107  paragraphs (a)-(n) for which she or he was convicted or to which
  108  she or he pled nolo contendere or guilty. The results of an HIV
  109  test performed on an offender pursuant to this subsection are
  110  not admissible in any criminal proceeding arising out of the
  111  alleged offense.
  112         Section 2. Section 775.25, Florida Statutes, is amended to
  113  read:
  114         775.25 Prosecutions for acts or omissions.—A sexual
  115  predator or sexual offender who commits any act or omission in
  116  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
  117  944.607, or former s. 947.177 may be prosecuted for the act or
  118  omission in the county in which the act or omission was
  119  committed, the county of the last registered address of the
  120  sexual predator or sexual offender, or the county in which the
  121  conviction occurred for the offense or offenses that meet the
  122  criteria for designating a person as a sexual predator or sexual
  123  offender. In addition, a sexual predator may be prosecuted for
  124  any such act or omission in the county in which he or she was
  125  designated a sexual predator.
  126         Section 3. Subsection (2) of section 784.07, Florida
  127  Statutes, is amended to read:
  128         784.07 Assault or battery of law enforcement officers,
  129  firefighters, emergency medical care providers, public transit
  130  employees or agents, or other specified officers;
  131  reclassification of offenses; minimum sentences.—
  132         (2) Whenever any person is charged with knowingly
  133  committing an assault or battery upon a law enforcement officer,
  134  a firefighter, an emergency medical care provider, a traffic
  135  accident investigation officer as described in s. 316.640, a
  136  nonsworn law enforcement agency employee who is certified as an
  137  agency inspector, a blood alcohol analyst, or a breath test
  138  operator while such employee is in uniform and engaged in
  139  processing, testing, evaluating, analyzing, or transporting a
  140  person who is detained or under arrest for DUI, a law
  141  enforcement explorer, a traffic infraction enforcement officer
  142  as described in s. 316.640, a parking enforcement specialist as
  143  defined in s. 316.640, a person licensed as a security officer
  144  as defined in s. 493.6101 and wearing a uniform that bears at
  145  least one patch or emblem that is visible at all times that
  146  clearly identifies the employing agency and that clearly
  147  identifies the person as a licensed security officer, or a
  148  security officer employed by the board of trustees of a
  149  community college, while the officer, firefighter, emergency
  150  medical care provider, intake officer, traffic accident
  151  investigation officer, traffic infraction enforcement officer,
  152  inspector, analyst, operator, law enforcement explorer, parking
  153  enforcement specialist, public transit employee or agent, or
  154  security officer is engaged in the lawful performance of his or
  155  her duties, the offense for which the person is charged shall be
  156  reclassified as follows:
  157         (a) In the case of assault, from a misdemeanor of the
  158  second degree to a misdemeanor of the first degree.
  159         (b) In the case of battery, from a misdemeanor of the first
  160  degree to a felony of the third degree.
  161         (c) In the case of aggravated assault, from a felony of the
  162  third degree to a felony of the second degree. Notwithstanding
  163  any other provision of law, any person convicted of aggravated
  164  assault upon a law enforcement officer shall be sentenced to a
  165  minimum term of imprisonment of 3 years.
  166         (d) In the case of aggravated battery, from a felony of the
  167  second degree to a felony of the first degree. Notwithstanding
  168  any other provision of law, any person convicted of aggravated
  169  battery of a law enforcement officer shall be sentenced to a
  170  minimum term of imprisonment of 5 years.
  171         Section 4. Subsection (11) of section 815.03, Florida
  172  Statutes, is amended to read:
  173         815.03 Definitions.—As used in this chapter, unless the
  174  context clearly indicates otherwise:
  175         (11) “Property” means anything of value as defined in s.
  176  812.012 812.011 and includes, but is not limited to, financial
  177  instruments, information, including electronically produced data
  178  and computer software and programs in either machine-readable or
  179  human-readable form, and any other tangible or intangible item
  180  of value.
  181         Section 5. Subsection (4) of section 817.554, Florida
  182  Statutes, is amended to read:
  183         817.554 Fraudulently offering for sale tour or travel
  184  related services.—
  185         (4) Any individual or group which meets the standards of
  186  organized fraud as defined in s. 817.034 817.036 shall be
  187  punished as provided in s. 817.034 817.036.
  188         Section 6. Section 828.17, Florida Statutes, is amended to
  189  read:
  190         828.17 Officer to arrest without warrant.—Any sheriff or
  191  any other peace officer of the state, or any police officer of
  192  any city or town of the state, shall arrest without warrant any
  193  person found violating any of the provisions of ss. 828.04,
  194  828.08, 828.12, and 828.13-828.16, and the officer making the
  195  arrest shall hold the offender until a warrant can be procured,
  196  and he or she shall use proper diligence to procure such
  197  warrant.
  198         Section 7. Section 831.16, Florida Statutes, is amended to
  199  read:
  200         831.16 Having fewer less than 10 counterfeit coins in
  201  possession, with intent to utter.—Whoever has in his or her
  202  possession any number of pieces fewer less than 10 of the
  203  counterfeit coin mentioned in s. 831.15 the preceding section,
  204  knowing the same to be counterfeit, with intent to utter or pass
  205  the same as true, or who utters, passes or tenders in payment as
  206  true any such counterfeit coin, knowing the same to be false and
  207  counterfeit, commits a felony of the third degree, punishable as
  208  provided in s. 775.082, s. 775.083, or s. 775.084 shall be
  209  punished by imprisonment in the state prison not exceeding 10
  210  years, or in the county jail not exceeding 12 months, or by fine
  211  not exceeding $1,000.
  212         Section 8. Section 831.17, Florida Statutes, is amended to
  213  read:
  214         831.17 Violation of s. 831.16; second conviction.—Whoever
  215  having been convicted of either of the offenses mentioned in s.
  216  831.16 the preceding section, is again convicted of either of
  217  the same offenses, committed after the former conviction, and
  218  whoever is at the same term of the court convicted upon three
  219  distinct charges of said offenses, commits a felony of the
  220  second degree, punishable as provided in s. 775.082, s. 775.083,
  221  or s. 775.084 shall be deemed a common utterer of counterfeit
  222  coin and punished by imprisonment in the state prison not
  223  exceeding 20 years.
  224         Section 9. Section 831.18, Florida Statutes, is amended to
  225  read:
  226         831.18 Making or possessing instruments for forging bills.
  227  Whoever engraves, makes, or amends, or begins to engrave, make,
  228  or amend, any plate, block, press, or other tool, instrument, or
  229  implement, or makes or provides any paper or other material,
  230  adapted and designed for the making of a false and counterfeit
  231  note, certificate, or other bill of credit, purporting to be
  232  issued by lawful authority for a debt of this state, or a false
  233  or counterfeit note or bill, in the similitude of the notes or
  234  bills issued by any bank or banking company established in this
  235  state, or within the United States, or in any foreign province,
  236  state, or government; and whoever has in his or her possession
  237  any such plate or block engraved in any part, or any press or
  238  other tool, instrument, or any paper or other material adapted
  239  and designed as aforesaid, with intent to issue the same, or to
  240  cause or permit the same to be used in forging or making any
  241  such false and counterfeit certificates, bills, or notes,
  242  commits a felony of the third degree, punishable as provided in
  243  s. 775.082, s. 775.083, or s. 775.084 shall be punished by
  244  imprisonment in the state prison not exceeding 10 years, or by
  245  fine not exceeding $1,000.
  246         Section 10. Section 831.21, Florida Statutes, is amended to
  247  read:
  248         831.21 Forging or counterfeiting doctor’s certificate of
  249  examination.—Whoever falsely makes, alters, forges, or
  250  counterfeits any doctor’s certificate or record of examination
  251  to an application for a policy of insurance, or knowing such
  252  doctor’s certificate or record of examination to be falsely
  253  made, altered, forged, or counterfeited, passes shall pass,
  254  utters, utter or publishes publish such certificate as true,
  255  with intent to injure or defraud any person, commits a felony of
  256  the third degree, punishable as provided in s. 775.082, s.
  257  775.083, or s. 775.084 shall be deemed guilty of forgery, and
  258  upon conviction thereof shall be punished by imprisonment in the
  259  state penitentiary not exceeding 5 years, or by fine not
  260  exceeding $500.
  261         Section 11. Section 831.27, Florida Statutes, is amended to
  262  read:
  263         831.27 Issuing notes.—Whoever issues any note, bill, order,
  264  or check, other than foreign bills of exchange and notes or
  265  bills of some bank or company incorporated by the laws of this
  266  state, or by the laws of the United States, or by the laws of
  267  Canada either of the British provinces in North America, with
  268  intent that the same shall be circulated as currency, commits
  269  shall be guilty of a misdemeanor of the second degree,
  270  punishable as provided in s. 775.083.
  271         Section 12. Section 831.30, Florida Statutes, is amended to
  272  read:
  273         831.30 Medicinal drugs; fraud in obtaining.—Whoever:
  274         (1) Falsely makes, alters, or forges any prescription, as
  275  defined in s. 465.003 465.031(2), for a medicinal drug other
  276  than a drug controlled by chapter 893;
  277         (2) Knowingly causes such prescription to be falsely made,
  278  altered, forged, or counterfeited; or
  279         (3) Passes, utters, or publishes such prescription or
  280  otherwise knowingly holds out such false or forged prescription
  281  as true,
  283  with intent to obtain such drug commits, shall be guilty of a
  284  misdemeanor of the second degree, punishable as provided in s.
  285  775.082 or s. 775.083. A second or subsequent conviction
  286  constitutes shall constitute a misdemeanor of the first degree,
  287  punishable as provided in s. 775.082 or s. 775.083.
  288         Section 13. Subsection (1) of section 838.021, Florida
  289  Statutes, is amended to read:
  290         838.021 Corruption by threat against public servant.—
  291         (1) It is unlawful to harm Whoever unlawfully harms or
  292  threaten to threatens unlawful harm to any public servant, to
  293  his or her immediate family, or to any other person with whose
  294  welfare the public servant is interested, with the intent to or
  295  purpose:
  296         (a) To Influence the performance of any act or omission
  297  that which the person believes to be, or that the public servant
  298  represents as being, within the official discretion of the
  299  public servant, in violation of a public duty, or in performance
  300  of a public duty.
  301         (b) To Cause or induce the public servant to use or exert,
  302  or procure the use or exertion of, any influence upon or with
  303  any other public servant regarding any act or omission that
  304  which the person believes to be, or that the public servant
  305  represents as being, within the official discretion of the
  306  public servant, in violation of a public duty, or in performance
  307  of a public duty.
  308         Section 14. Section 847.0125, Florida Statutes, is
  309  reenacted to read:
  310         847.0125 Retail display of materials harmful to minors
  311  prohibited.—
  312         (1) “KNOWINGLY” DEFINED.—As used in this section,
  313  “knowingly” means having general knowledge of, reason to know,
  314  or a belief or ground for belief which warrants further
  315  inspection or inquiry of both:
  316         (a) The character and content of any material described
  317  herein which is reasonably susceptible of examination by the
  318  defendant, and
  319         (b) The age of the minor; however, an honest mistake shall
  320  constitute an excuse from liability hereunder if the defendant
  321  made a reasonable bona fide attempt to ascertain the true age of
  322  such minor.
  323         (2) OFFENSES AND PENALTIES.—
  324         (a) It is unlawful for anyone offering for sale in a retail
  325  establishment open to the general public any book, magazine, or
  326  other printed material, the cover of which depicts material
  327  which is harmful to minors, to knowingly exhibit such book,
  328  magazine, or material in such establishment in such a way that
  329  it is on open display to, or within the convenient reach of,
  330  minors who may frequent the retail establishment. Such items
  331  shall, however, be displayed, either individually or
  332  collectively, behind an opaque covering which conceals the book,
  333  magazine, or other printed material.
  334         (b) It is unlawful for anyone offering for sale in a retail
  335  establishment open to the general public any book, magazine, or
  336  other printed material, the content of which exploits, is
  337  devoted to, or is principally made up of descriptions or
  338  depictions of material which is harmful to minors, to knowingly
  339  exhibit such book, magazine, or material in such establishment
  340  in such a way that it is within the convenient reach of minors
  341  who may frequent the retail establishment.
  342         (c) A violation of any provision of this section
  343  constitutes a misdemeanor of the first degree, punishable as
  344  provided in s. 775.082 or s. 775.083.
  345         Section 15. Subsection (4) of section 860.13, Florida
  346  Statutes, is amended to read:
  347         860.13 Operation of aircraft while intoxicated or in
  348  careless or reckless manner; penalty.—
  349         (4) It shall be the duty of any court in which there is a
  350  conviction for violation of this statute to report such
  351  conviction to the Federal Aviation Civil Aeronautics
  352  Administration for its guidance and information with respect to
  353  the pilot’s certificate.
  354         Section 16. Subsection (11) of section 865.09, Florida
  355  Statutes, is amended to read:
  356         865.09 Fictitious name registration.—
  357         (11) FORMS.—Registration, cancellation, and renewal shall
  358  be made on forms prescribed by the Department of State, which
  359  may include the uniform business report, pursuant to s. 606.06,
  360  as a means of satisfying the requirement of this section part.
  361         Section 17. Subsection (4) of section 877.22, Florida
  362  Statutes, is amended to read:
  363         877.22 Minors prohibited in public places and
  364  establishments during certain hours; penalty; procedure.—
  365         (4) If a minor violates a curfew and is taken into custody,
  366  the minor shall be transported immediately to a police station
  367  or to a facility operated by a religious, charitable, or civic
  368  organization that conducts a curfew program in cooperation with
  369  a local law enforcement agency. After recording pertinent
  370  information about the minor, the law enforcement agency shall
  371  attempt to contact the parent of the minor and, if successful,
  372  shall request that the parent take custody of the minor and
  373  shall release the minor to the parent. If the law enforcement
  374  agency is not able to contact the minor’s parent within 2 hours
  375  after the minor is taken into custody, or if the parent refuses
  376  to take custody of the minor, the law enforcement agency may
  377  transport the minor to her or his residence or proceed as
  378  authorized under part V II of chapter 39.
  379         Section 18. Subsection (21) of section 893.02, Florida
  380  Statutes, is amended to read:
  381         893.02 Definitions.—The following words and phrases as used
  382  in this chapter shall have the following meanings, unless the
  383  context otherwise requires:
  384         (21) “Prescription” means and includes an order for drugs
  385  or medicinal supplies written, signed, or transmitted by word of
  386  mouth, telephone, telegram, or other means of communication by a
  387  duly licensed practitioner licensed by the laws of the state to
  388  prescribe such drugs or medicinal supplies, issued in good faith
  389  and in the course of professional practice, intended to be
  390  filled, compounded, or dispensed by another person licensed by
  391  the laws of the state to do so, and meeting the requirements of
  392  s. 893.04. The term also includes an order for drugs or
  393  medicinal supplies so transmitted or written by a physician,
  394  dentist, veterinarian, or other practitioner licensed to
  395  practice in a state other than Florida, but only if the
  396  pharmacist called upon to fill such an order determines, in the
  397  exercise of his or her professional judgment, that the order was
  398  issued pursuant to a valid patient-physician relationship, that
  399  it is authentic, and that the drugs or medicinal supplies so
  400  ordered are considered necessary for the continuation of
  401  treatment of a chronic or recurrent illness. However, if the
  402  physician writing the prescription is not known to the
  403  pharmacist, the pharmacist shall obtain proof to a reasonable
  404  certainty of the validity of said prescription. A prescription
  405  order for a controlled substance shall not be issued on the same
  406  prescription blank with another prescription order for a
  407  controlled substance which is named or described in a different
  408  schedule, nor shall any prescription order for a controlled
  409  substance be issued on the same prescription blank as a
  410  prescription order for a medicinal drug, as defined in s.
  411  465.003(8) 465.031(5), which does not fall within the definition
  412  of a controlled substance as defined in this act.
  413         Section 19. Subsections (3) and (4) of section 893.10,
  414  Florida Statutes, are renumbered as subsections (2) and (3),
  415  respectively, and present subsection (2) of that section is
  416  amended to read:
  417         893.10 Burden of proof; photograph or video recording of
  418  evidence.—
  419         (2) In the case of a person charged under s. 893.14(1) with
  420  the possession of a controlled substance, the label required
  421  under s. 893.04(1) or s. 893.05(2) is admissible in evidence and
  422  prima facie evidence that such substance was obtained pursuant
  423  to a valid prescription form or dispensed by a practitioner
  424  while acting in the course of his or her professional practice.
  425         Section 20. Paragraph (a) of subsection (2) of section
  426  914.24, Florida Statutes, is reenacted to read:
  427         914.24 Civil action to restrain harassment of a victim or
  428  witness.—
  429         (2)(a) A circuit court, upon motion of the state attorney,
  430  shall issue a protective order prohibiting the harassment of a
  431  victim or witness in a criminal case if the court, after a
  432  hearing, finds by a preponderance of the evidence that
  433  harassment of an identified victim or witness in a criminal case
  434  exists or that such order is necessary to prevent and restrain
  435  an offense under s. 914.22, other than an offense consisting of
  436  misleading conduct, or to prevent and restrain an offense under
  437  s. 914.23.
  438         Section 21. Subsection (3) of section 916.12, Florida
  439  Statutes, is amended to read:
  440         916.12 Mental competence to proceed.—
  441         (3) In considering the issue of competence to proceed, an
  442  examining expert shall first consider and specifically include
  443  in his or her report the defendant’s capacity to:
  444         (a) Appreciate the charges or allegations against the
  445  defendant.
  446         (b) Appreciate the range and nature of possible penalties,
  447  if applicable, that may be imposed in the proceedings against
  448  the defendant.
  449         (c) Understand the adversarial nature of the legal process.
  450         (d) Disclose to counsel facts pertinent to the proceedings
  451  at issue.
  452         (e) Manifest appropriate courtroom behavior.
  453         (f) Testify relevantly.
  455         (g)In addition, an examining expert shall consider and
  456  include in his or her report any other factor deemed relevant by
  457  the expert.
  458         Section 22. 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, an
  462  the examining expert experts shall first consider and
  463  specifically include in his or her their report the defendant’s
  464  capacity to:
  465         (a) Appreciate the charges or allegations against the
  466  defendant.
  467         (b) Appreciate the range and nature of possible penalties,
  468  if applicable, that may be imposed in the proceedings against
  469  the defendant.
  470         (c) Understand the adversarial nature of the legal process.
  471         (d) Disclose to counsel facts pertinent to the proceedings
  472  at issue.
  473         (e) Manifest appropriate courtroom behavior.
  474         (f) Testify relevantly.
  476         (g)In addition, an examining expert shall consider and
  477  include in his or her report any other factor deemed relevant by
  478  the expert experts.
  479         Section 23. Section 918.0155, Florida Statutes, is amended
  480  to read:
  481         918.0155 Expeditious disposition of particular criminal
  482  cases involving a child under age 16.—Every criminal case
  483  prosecuted under chapter 782, chapter 784, chapter 787, chapter
  484  794, chapter 796, chapter 800, chapter 827, or chapter 847 which
  485  involves the abuse of a child or unlawful sexual contact or acts
  486  performed in the presence of, with, or upon a child under the
  487  age of 16 shall be heard and disposed of as expeditiously as
  488  possible. The Legislature requests the Supreme Court to adopt
  489  emergency rules regarding the expeditious handling of the
  490  matters enumerated in this section.
  491         Section 24. Paragraphs (b) and (d) of subsection (3) of
  492  section 921.0022, Florida Statutes, are amended to read
  493  	921.0022 Criminal Punishment Code; offense severity ranking
  494  chart.—
  496         (b) LEVEL 2
  498  Florida Statute   Felony DegreeDescription                                 
  562   	(d) LEVEL 4 	
  564  Florida Statute    Felony DegreeDescription                                
  661         Section 25. Paragraph (a) of subsection (5) of section
  662  921.141, Florida Statutes, is reenacted to read:
  663         921.141 Sentence of death or life imprisonment for capital
  664  felonies; further proceedings to determine sentence.—
  665         (5) AGGRAVATING CIRCUMSTANCES.—Aggravating circumstances
  666  shall be limited to the following:
  667         (a) The capital felony was committed by a person previously
  668  convicted of a felony and under sentence of imprisonment or
  669  placed on community control or on felony probation.
  670         Section 26. Section 921.20, Florida Statutes, is amended to
  671  read:
  672         921.20 Classification summary; Parole Commission.—As soon
  673  as possible after a prisoner has been placed in the custody of
  674  the Department of Corrections, the classification board shall
  675  furnish a classification summary to the Parole Commission for
  676  use as provided in s. 945.25 947.14. The summary shall include
  677  the criminal, personal, social, and environmental background and
  678  other relevant factors considered in classifying the prisoner
  679  for a penal environment best suited for the prisoner’s rapid
  680  rehabilitation.
  681         Section 27. Paragraph (a) of subsection (11) of section
  682  932.704, Florida Statutes, is amended to read:
  683         932.704 Forfeiture proceedings.—
  684         (11)(a) The Department of Law Enforcement, in consultation
  685  with the Florida Sheriffs Association and the Florida Police
  686  Chiefs Association, shall develop guidelines and training
  687  procedures to be used by state and local law enforcement
  688  agencies and state attorneys in implementing the Florida
  689  Contraband Forfeiture Act. Each state or local law enforcement
  690  agency that files civil forfeiture actions under the Florida
  691  Contraband Forfeiture Act shall file, by December 31, 1995, a
  692  certificate signed by the agency head or his or her designee,
  693  which represents that the agency’s policies and procedures are
  694  in compliance with the guidelines. Each state or local law
  695  enforcement agency that seizes property for the purpose of
  696  forfeiture shall periodically review seizures of assets made by
  697  the agency’s law enforcement officers, settlements, and
  698  forfeiture proceedings initiated by the agency, to determine
  699  whether such seizures, settlements, and forfeitures comply with
  700  the Florida Contraband Forfeiture Act and the guidelines adopted
  701  under this subsection. The determination of whether an agency
  702  will file a civil forfeiture action must be the sole
  703  responsibility of the head of the agency or his or her designee.
  704         Section 28. Subsection (7) of section 933.18, Florida
  705  Statutes, is amended to read:
  706         933.18 When warrant may be issued for search of private
  707  dwelling.—No search warrant shall issue under this chapter or
  708  under any other law of this state to search any private dwelling
  709  occupied as such unless:
  710         (7) One or more of the following misdemeanor child abuse
  711  offenses is being committed there:
  712         (a) Interference with custody, in violation of s. 787.03.
  713         (b) Commission of an unnatural and lascivious act with a
  714  child, in violation of s. 800.02.
  715         (c) Exposure of sexual organs to a child, in violation of
  716  s. 800.03. If, during a search pursuant to a warrant issued
  717  under this section, a child is discovered and appears to be in
  718  imminent danger, the law enforcement officer conducting such
  719  search may remove the child from the private dwelling and take
  720  the child into protective custody pursuant to chapter 39. The
  721  term “private dwelling” shall be construed to include the room
  722  or rooms used and occupied, not transiently but solely as a
  723  residence, in an apartment house, hotel, boardinghouse, or
  724  lodginghouse. No warrant shall be issued for the search of any
  725  private dwelling under any of the conditions hereinabove
  726  mentioned except on sworn proof by affidavit of some creditable
  727  witness that he or she has reason to believe that one of said
  728  conditions exists, which affidavit shall set forth the facts on
  729  which such reason for belief is based.
  730         Section 29. Subsections (5) and (8) of section 933.40,
  731  Florida Statutes, are amended to read:
  732         933.40 Agriculture warrants.—
  733         (5) Agriculture warrants may be signed by any person
  734  competent to issue search warrants under s. 933.01, either
  735  manually, by signature stamp, or by electronic signature. The
  736  trial court judge or magistrate, upon examination of the
  737  application and proofs submitted, if satisfied that probable
  738  cause exists for the issuing of one or more agriculture
  739  warrants, shall issue such agriculture warrants with his or her
  740  signature and office affixed thereto. Such agriculture warrants
  741  may be served and executed by employees of the department, with
  742  the assistance of third parties supervised by department
  743  employees, and shall authorize department employees with such
  744  assistance to undertake all actions authorized by the warrant.
  745         (8) An agriculture warrant shall be effective for 60 days
  746  and shall authorize multiple executions of the warrant prior to
  747  its expiration. An agriculture warrant may be extended or
  748  renewed by the trial court judge or magistrate who signed and
  749  issued the original warrant upon his or her satisfaction of such
  750  official that probable cause continues to exist for the
  751  reissuance of the warrant. Such warrant must be returned to the
  752  issuing official prior to the expiration date specified in the
  753  warrant or within the extended or renewed time.
  754         Section 30. Paragraph (g) of subsection (2) of section
  755  934.03, Florida Statutes, is amended to read:
  756         934.03 Interception and disclosure of wire, oral, or
  757  electronic communications prohibited.—
  758         (2)
  759         (g) It is lawful under ss. 934.03-934.09 for an employee
  760  of:
  761         1. An ambulance service licensed pursuant to s. 401.25, a
  762  fire station employing firefighters as defined by s. 633.30, a
  763  public utility as defined by ss. 365.01 and 366.02, a law
  764  enforcement agency as defined by s. 934.02(10), or any other
  765  entity with published emergency telephone numbers;
  766         2. An agency operating an emergency telephone number “911”
  767  system established pursuant to s. 365.171; or
  768         3. The central abuse hotline operated pursuant to s.
  769  39.201,
  771  to intercept and record incoming wire communications; however,
  772  such employee may intercept and record incoming wire
  773  communications on designated “911” telephone numbers and
  774  published nonemergency telephone numbers staffed by trained
  775  dispatchers at public safety answering points only. It is also
  776  lawful for such employee to intercept and record outgoing wire
  777  communications to the numbers from which such incoming wire
  778  communications were placed when necessary to obtain information
  779  required to provide the emergency services being requested. For
  780  the purpose of this paragraph, the term “public utility” has the
  781  same meaning as provided in s. 366.02 and includes a person,
  782  partnership, association, or corporation now or hereafter owning
  783  or operating equipment or facilities in the state for conveying
  784  or transmitting messages or communications by telephone or
  785  telegraph to the public for compensation.
  786         Section 31. Section 938.15, Florida Statutes, is amended to
  787  read:
  788         938.15 Criminal justice education for local government.—In
  789  addition to the costs provided for in s. 938.01, municipalities
  790  and counties may assess an additional $2 for expenditures for
  791  criminal justice education degree programs and training courses,
  792  including basic recruit training, for their respective officers
  793  and employing agency support personnel, provided such education
  794  degree programs and training courses are approved by the
  795  employing agency administrator, on a form provided by the
  796  Criminal Justice Standards and Training Commission, for local
  797  funding.
  798         (1) Workshops, meetings, conferences, and conventions
  799  shall, on a form approved by the Criminal Justice Standards and
  800  Training Commission for use by the employing agency, be
  801  individually approved by the employing agency administrator
  802  prior to attendance. The form shall include, but not be limited
  803  to, a demonstration by the employing agency of the purpose of
  804  the workshop, meeting, conference, or convention; the direct
  805  relationship of the training to the officer’s job; the direct
  806  benefits the officer and agency will receive; and all
  807  anticipated costs.
  808         (2) The Criminal Justice Standards and Training Commission
  809  may inspect and copy the documentation of independent audits
  810  conducted of the municipalities and counties which make such
  811  assessments to ensure that such assessments have been made and
  812  that expenditures are in conformance with the requirements of
  813  this subsection and with other applicable procedures.
  814         Section 32. Paragraph (b) of subsection (3) of section
  815  943.051, Florida Statutes, is amended to read:
  816         943.051 Criminal justice information; collection and
  817  storage; fingerprinting.—
  818         (3)
  819         (b) A minor who is charged with or found to have committed
  820  the following offenses shall be fingerprinted and the
  821  fingerprints shall be submitted to the department:
  822         1. Assault, as defined in s. 784.011.
  823         2. Battery, as defined in s. 784.03.
  824         3. Carrying a concealed weapon, as defined in s. 790.01(1).
  825         4. Unlawful use of destructive devices or bombs, as defined
  826  in s. 790.1615(1).
  827         5. Negligent treatment of children, as defined in former s.
  828  827.05.
  829         6. Assault or battery on a law enforcement officer, a
  830  firefighter, or other specified officers, as defined in s.
  831  784.07(2)(a) and (b).
  832         7. Open carrying of a weapon, as defined in s. 790.053.
  833         8. Exposure of sexual organs, as defined in s. 800.03.
  834         9. Unlawful possession of a firearm, as defined in s.
  835  790.22(5).
  836         10. Petit theft, as defined in s. 812.014(3).
  837         11. Cruelty to animals, as defined in s. 828.12(1).
  838         12. Arson, as defined in s. 806.031(1).
  839         13. Unlawful possession or discharge of a weapon or firearm
  840  at a school-sponsored event or on school property as defined in
  841  s. 790.115.
  842         Section 33. Subsection (6) of section 943.053, Florida
  843  Statutes, is reenacted to read:
  844         943.053 Dissemination of criminal justice information;
  845  fees.—
  846         (6) Notwithstanding any other provision of law, the
  847  department shall provide to the Florida Department of Revenue
  848  Child Support Enforcement access to Florida criminal records
  849  which are not exempt from disclosure under chapter 119, and to
  850  such information as may be lawfully available from other states
  851  via the National Law Enforcement Telecommunications System, for
  852  the purpose of locating subjects who owe or potentially owe
  853  support, as defined in s. 409.2554, or to whom such obligation
  854  is owed pursuant to Title IV-D of the Social Security Act. Such
  855  information may be provided to child support enforcement
  856  authorities in other states for these specific purposes.
  857         Section 34. Subsection (6) of section 943.0581, Florida
  858  Statutes, is amended to read:
  859         943.0581 Administrative expunction.—
  860         (6) An application or endorsement under this section is not
  861  admissible as evidence in any judicial or administrative
  862  proceeding and may not or otherwise be construed in any way as
  863  an admission of liability in connection with an arrest.
  864         Section 35. Paragraph (a) of subsection (3) and subsection
  865  (5) of section 943.0582, Florida Statutes, are reenacted to
  866  read:
  867         943.0582 Prearrest, postarrest, or teen court diversion
  868  program expunction.—
  869         (3) The department shall expunge the nonjudicial arrest
  870  record of a minor who has successfully completed a prearrest or
  871  postarrest diversion program if that minor:
  872         (a) Submits an application for prearrest or postarrest
  873  diversion expunction, on a form prescribed by the department,
  874  signed by the minor’s parent or legal guardian, or by the minor
  875  if he or she has reached the age of majority at the time of
  876  applying.
  877         (5) This section operates retroactively to permit the
  878  expunction of any nonjudicial record of the arrest of a minor
  879  who has successfully completed a prearrest or postarrest
  880  diversion program on or after July 1, 2000; however, in the case
  881  of a minor whose completion of the program occurred before the
  882  effective date of this section, the application for prearrest or
  883  postarrest diversion expunction must be submitted within 6
  884  months after the effective date of this section.
  885         Section 36. Paragraph (b) of subsection (4) of section
  886  943.135, Florida Statutes, is reenacted to read:
  887         943.135 Requirements for continued employment.—
  888         (4)
  889         (b) Any person who qualifies under paragraph (a) may, for
  890  purposes of meeting the minimum mandatory continuing training or
  891  education requirements of this section, at the option of an
  892  employing agency, associate with that agency for the sole
  893  purpose of securing continuing training or education as required
  894  by this section and for allowing the agency to report completion
  895  of the education or training to the Criminal Justice Standards
  896  and Training Commission. The employing agency with which the
  897  person has associated shall submit proof of completion of any
  898  education or training so obtained for purposes of demonstrating
  899  compliance with this section and shall indicate that the person
  900  for whom the credits are reported has secured the training under
  901  the special status authorized by this section. An employing
  902  agency may require any person so associated to attend continuing
  903  training or education at the person’s own expense and may
  904  determine the courses or training that a person is to attend
  905  while associated with the agency. Any person who is permitted to
  906  associate with an employing agency for purposes of obtaining and
  907  reporting education or continuing training credits while serving
  908  in an elected or appointed public office shall not be considered
  909  to be employed by the employing agency or considered by the
  910  association with the employing agency to maintain an office
  911  under s. 5(a), Art. II of the State Constitution.
  912         Section 37. Subsection (5) of section 944.023, Florida
  913  Statutes, is amended to read:
  914         944.023 Comprehensive correctional master plan.—
  915         (5) The comprehensive correctional master plan shall
  916  project by year the total operating and capital outlay costs
  917  necessary for constructing a sufficient number of prison beds to
  918  avoid a deficiency in prison beds. Included in the master plan
  919  which projects operating and capital outlay costs shall be a
  920  siting plan which shall assess, rank, and designate appropriate
  921  sites pursuant to s. 944.095(2)(a)-(k). The master plan shall
  922  include an assessment of the department’s current capability for
  923  providing the degree of security necessary to ensure public
  924  safety and should reflect the levels of security needed for the
  925  forecasted admissions of various types of offenders based upon
  926  sentence lengths and severity of offenses. The plan shall also
  927  provide construction options for targeting violent and habitual
  928  offenders for incarceration while providing specific
  929  alternatives for the various categories of lesser offenders.
  930         Section 38. Subsection (4) of section 944.053, Florida
  931  Statutes, is amended to read:
  932         944.053 Forestry Work Camps.—
  933         (4) Forestry Work Camps shall house minimum custody inmates
  934  and medium custody inmates who are not serving a sentence for,
  935  or who have not been previously convicted of, sexual battery
  936  pursuant to s. 794.011 or any sexual offense specified in s.
  937  917.012(1), unless they have successfully completed a treatment
  938  program pursuant to s. 917.012.
  939         Section 39. Subsection (1) of section 944.28, Florida
  940  Statutes, is reenacted to read:
  941         944.28 Forfeiture of gain-time and the right to earn gain
  942  time in the future.—
  943         (1) If a prisoner is convicted of escape, or if the
  944  clemency, conditional release as described in chapter 947,
  945  probation or community control as described in chapter 948,
  946  provisional release as described in s. 944.277, parole, or
  947  control release as described in s. 947.146 granted to the
  948  prisoner is revoked, the department may, without notice or
  949  hearing, declare a forfeiture of all gain-time earned according
  950  to the provisions of law by such prisoner prior to such escape
  951  or his or her release under such clemency, conditional release,
  952  probation, community control, provisional release, control
  953  release, or parole.
  954         Section 40. Subsection (2) of section 944.474, Florida
  955  Statutes, is amended to read:
  956         944.474 Legislative intent; employee wellness program; drug
  957  and alcohol testing.—
  958         (2) Under no circumstances shall employees of the
  959  department test positive for illegal use of controlled
  960  substances. An employee of the department may not be under the
  961  influence of alcohol while on duty. In order to ensure that
  962  these prohibitions are adhered to by all employees of the
  963  department and notwithstanding s. 112.0455, the department may
  964  develop a program for the random drug testing of all employees.
  965  The department may randomly evaluate employees for the
  966  contemporaneous use or influence of alcohol through the use of
  967  alcohol tests and observation methods. Notwithstanding s.
  968  112.0455(5)(a), the department may develop a program for the
  969  reasonable suspicion drug testing of employees who are in
  970  safety-sensitive or special risk positions, as defined in s.
  971  112.0455(5), for the controlled substances listed in s.
  972  893.03(3)(d). The reasonable suspicion drug testing authorized
  973  by this subsection shall be conducted in accordance with s.
  974  112.0455, but may also include testing upon reasonable suspicion
  975  based on violent acts or violent behavior of an employee who is
  976  on or off duty. The department shall adopt rules pursuant to ss.
  977  120.536(1) and 120.54 that are necessary to administer this
  978  subsection.
  979         Section 41. Section 944.708, Florida Statutes, is amended
  980  to read:
  981         944.708 Rules.—The Department of Corrections and the Agency
  982  for Workforce Innovation Department of Labor and Employment
  983  Security shall adopt promulgate rules to implement the
  984  provisions of ss. 944.701-944.707.
  985         Section 42. Paragraph (h) of subsection (3) of section
  986  944.801, Florida Statutes, is amended to read:
  987         944.801 Education for state prisoners.—
  988         (3) The responsibilities of the Correctional Education
  989  Program shall be to:
  990         (h) Develop a written procedure for selecting programs to
  991  add to or delete from the vocational curriculum. The procedure
  992  shall include labor market analyses which demonstrate the
  993  projected demand for certain occupations and the projected
  994  supply of potential employees. In conducting these analyses, the
  995  department shall evaluate the feasibility of adding vocational
  996  education programs which have been identified by the Agency for
  997  Workforce Innovation Department of Labor and Employment Security
  998  or a regional coordinating council as being in undersupply in
  999  this state. The department shall periodically reevaluate the
 1000  vocational education programs in major institutions to determine
 1001  which of the programs support and provide relevant skills to
 1002  inmates who could be assigned to a correctional work program
 1003  that is operated as a Prison Industry Enhancement Program.
 1004         Section 43. Paragraph (d) of subsection (3) of section
 1005  945.10, Florida Statutes, is amended to read:
 1006         945.10 Confidential information.—
 1007         (3) Due to substantial concerns regarding institutional
 1008  security and unreasonable and excessive demands on personnel and
 1009  resources if an inmate or an offender has unlimited or routine
 1010  access to records of the Department of Corrections, an inmate or
 1011  an offender who is under the jurisdiction of the department may
 1012  not have unrestricted access to the department’s records or to
 1013  information contained in the department’s records. However,
 1014  except as to another inmate’s or offender’s records, the
 1015  department may permit limited access to its records if an inmate
 1016  or an offender makes a written request and demonstrates an
 1017  exceptional need for information contained in the department’s
 1018  records and the information is otherwise unavailable.
 1019  Exceptional circumstances include, but are not limited to:
 1020         (d) The requested records contain information required to
 1021  process an application or claim by the inmate or offender with
 1022  the Internal Revenue Service, the Social Security
 1023  Administration, the Agency for Workforce Innovation Department
 1024  of Labor and Employment Security, or any other similar
 1025  application or claim with a state agency or federal agency.
 1026         Section 44. Section 947.06, Florida Statutes, is reenacted
 1027  to read:
 1028         947.06 Meeting; when commission may act.—The commission
 1029  shall meet at regularly scheduled intervals and from time to
 1030  time as may otherwise be determined by the chair. The making of
 1031  recommendations to the Governor and Cabinet in matters relating
 1032  to modifications of acts and decisions of the chair as provided
 1033  in s. 947.04(1) shall be by a majority vote of the commission.
 1034  No prisoner shall be placed on parole except as provided in ss.
 1035  947.172 and 947.174 by a panel of no fewer than two
 1036  commissioners appointed by the chair. All matters relating to
 1037  the granting, denying, or revoking of parole shall be decided in
 1038  a meeting at which the public shall have the right to be
 1039  present. Victims of the crime committed by the inmate shall be
 1040  permitted to make an oral statement or submit a written
 1041  statement regarding their views as to the granting, denying, or
 1042  revoking of parole. Persons not members or employees of the
 1043  commission or victims of the crime committed by the inmate may
 1044  be permitted to participate in deliberations concerning the
 1045  granting and revoking of paroles only upon the prior written
 1046  approval of the chair of the commission. To facilitate the
 1047  ability of victims and other persons to attend commission
 1048  meetings, the commission shall meet in various counties
 1049  including, but not limited to, Broward, Duval, Escambia,
 1050  Hillsborough, Leon, Miami-Dade, Orange, and Palm Beach, with the
 1051  location chosen being as close as possible to the location where
 1052  the parole-eligible inmate committed the offense for which the
 1053  parole-eligible inmate was sentenced. The commission shall adopt
 1054  rules governing the oral participation of victims and the
 1055  submission of written statements by victims.
 1056         Section 45. Paragraph (a) of subsection (4) of section
 1057  947.16, Florida Statutes, is amended to read:
 1058         947.16 Eligibility for parole; initial parole interviews;
 1059  powers and duties of commission.—
 1060         (4) A person who has become eligible for an initial parole
 1061  interview and who may, according to the objective parole
 1062  guidelines of the commission, be granted parole shall be placed
 1063  on parole in accordance with the provisions of this law; except
 1064  that, in any case of a person convicted of murder, robbery,
 1065  burglary of a dwelling or burglary of a structure or conveyance
 1066  in which a human being is present, aggravated assault,
 1067  aggravated battery, kidnapping, sexual battery or attempted
 1068  sexual battery, incest or attempted incest, an unnatural and
 1069  lascivious act or an attempted unnatural and lascivious act,
 1070  lewd and lascivious behavior, assault or aggravated assault when
 1071  a sexual act is completed or attempted, battery or aggravated
 1072  battery when a sexual act is completed or attempted, arson, or
 1073  any felony involving the use of a firearm or other deadly weapon
 1074  or the use of intentional violence, at the time of sentencing
 1075  the judge may enter an order retaining jurisdiction over the
 1076  offender for review of a commission release order. This
 1077  jurisdiction of the trial court judge is limited to the first
 1078  one-third of the maximum sentence imposed. When any person is
 1079  convicted of two or more felonies and concurrent sentences are
 1080  imposed, then the jurisdiction of the trial court judge as
 1081  provided herein applies to the first one-third of the maximum
 1082  sentence imposed for the highest felony of which the person was
 1083  convicted. When any person is convicted of two or more felonies
 1084  and consecutive sentences are imposed, then the jurisdiction of
 1085  the trial court judge as provided herein applies to one-third of
 1086  the total consecutive sentences imposed.
 1087         (a) In retaining jurisdiction for the purposes of this act,
 1088  the trial court judge shall state the justification with
 1089  individual particularity, and such justification shall be made a
 1090  part of the court record. A copy of such justification shall be
 1091  delivered to the department together with the commitment issued
 1092  by the court pursuant to s. 944.17 944.16.
 1093         Section 46. Subsection (2) of section 949.071, Florida
 1094  Statutes, is amended to read:
 1095         949.071 Definition of “state” as used in s. 949.07; further
 1096  declaration relating to interstate compacts.—
 1097         (2) It is hereby recognized and further declared that
 1098  pursuant to the consent and authorization contained in s. 112
 1099  111(b) of Title 4 of the United States Code as added by Pub. L.
 1100  No. 970-84th Congress, Ch. 941-2d Session, this state shall be a
 1101  party to the Interstate Compact for Adult Offender Supervision,
 1102  with any additional jurisdiction legally joining in the compact
 1103  when such jurisdiction enacts the compact in accordance with the
 1104  terms thereof.
 1105         Section 47. Paragraph (e) of subsection (9) of section
 1106  951.23, Florida Statutes, is amended to read:
 1107         951.23 County and municipal detention facilities;
 1108  definitions; administration; standards and requirements.—
 1110         (e) The officer in charge shall be responsible for an audit
 1111  of the fiscal management of the commissary by a disinterested
 1112  party on an annual basis, which shall include certification of
 1113  compliance with the pricing requirements of paragraph (1)(b)
 1114  above. Appropriate transaction records and stock inventory shall
 1115  be kept current.
 1116         Section 48. Paragraph (c) of subsection (1) of section
 1117  951.231, Florida Statutes, is amended to read:
 1118         951.231 County residential probation program.—
 1119         (1) Any prisoner who has been sentenced under s. 921.18 to
 1120  serve a sentence in a county residential probation center as
 1121  described in s. 951.23 shall:
 1122         (c) Participate in and complete the program required by s.
 1123  958.045 958.04(4), if required by the supervisor of the center.
 1124         Section 49. Subsection (4) of section 957.07, Florida
 1125  Statutes, is amended to read:
 1126         957.07 Cost-saving requirements.—
 1127         (4) The Department of Corrections shall provide a report
 1128  detailing the state cost to design, finance, acquire, lease,
 1129  construct, and operate a facility similar to the private
 1130  correctional facility on a per diem basis. This report shall be
 1131  provided to the Auditor General in sufficient time that it may
 1132  be certified to the Department of Management Services commission
 1133  to be included in the request for proposals.
 1134         Section 50. Paragraph (b) of subsection (3) of section
 1135  960.003, Florida Statutes, is amended to read:
 1136         960.003 HIV testing for persons charged with or alleged by
 1137  petition for delinquency to have committed certain offenses;
 1138  disclosure of results to victims.—
 1139         (3) DISCLOSURE OF RESULTS.—
 1140         (b) At the time that the results are disclosed to the
 1141  victim or the victim’s legal guardian, or to the parent or legal
 1142  guardian of a victim if the victim is a minor, the same
 1143  immediate opportunity for face-to-face counseling which must be
 1144  made available under s. 381.004(3)(e) to those who undergo HIV
 1145  testing shall also be afforded to the victim or the victim’s
 1146  legal guardian, or to the parent or legal guardian of the victim
 1147  if the victim is a minor.
 1148         Section 51. Subsections (6) and (7) of section 984.225,
 1149  Florida Statutes, are amended to read:
 1150         984.225 Powers of disposition; placement in a staff-secure
 1151  shelter.—
 1152         (6) The department is deemed to have exhausted the
 1153  reasonable remedies offered under this chapter if, at the end of
 1154  the commitment period, the parent, guardian, or legal custodian
 1155  continues to refuse to allow the child to remain at home or
 1156  creates unreasonable conditions for the child’s return. If, at
 1157  the end of the commitment period, the child is not reunited with
 1158  his or her parent, guardian, or custodian due solely to the
 1159  continued refusal of the parent, guardian, or custodian to
 1160  provide food, clothing, shelter, and parental support, the child
 1161  is considered to be threatened with harm as a result of such
 1162  acts or omissions, and the court shall direct that the child be
 1163  handled in every respect as a dependent child. Jurisdiction
 1164  shall be transferred to the Department of Children and Family
 1165  Services, and the child’s care shall be governed under the
 1166  relevant provisions parts II and III of chapter 39.
 1167         (7) The court shall review the child’s commitment once
 1168  every 45 days as provided in s. 984.20. The court shall
 1169  determine whether if the parent, guardian, or custodian has
 1170  reasonably participated in and financially contributed to the
 1171  child’s counseling and treatment program. The court shall also
 1172  determine whether the department’s efforts to reunite the family
 1173  have been reasonable. If the court finds an inadequate level of
 1174  support or participation by the parent, guardian, or custodian
 1175  prior to the end of the commitment period, the court shall
 1176  direct that the child be handled in every respect as a dependent
 1177  child. Jurisdiction shall be transferred to the Department of
 1178  Children and Family Services, and the child’s care shall be
 1179  governed under the relevant provisions parts II and III of
 1180  chapter 39.
 1181         Section 52. Section 985.486, Florida Statutes, is amended
 1182  to read:
 1183         985.486 Intensive residential treatment programs for
 1184  offenders less than 13 years of age; prerequisite for
 1185  commitment.—No child who is eligible for commitment to an
 1186  intensive residential treatment program for offenders less than
 1187  13 years of age under as established in s. 985.483(1), may be
 1188  committed to any intensive residential treatment program for
 1189  offenders less than 13 years of age under as established in s.
 1190  985.483, unless such program has been established by the
 1191  department through existing resources or specific appropriation,
 1192  for such program.
 1193         Section 53. Paragraph (a) of subsection (4) and subsection
 1194  (7) of section 985.632, Florida Statutes, are amended to read:
 1195         985.632 Quality assurance and cost-effectiveness.—
 1196         (4)(a) The department of Juvenile Justice, in consultation
 1197  with the Office of Economic and Demographic Research, and
 1198  contract service providers, shall develop a cost-effectiveness
 1199  model and apply the model to each commitment program. Program
 1200  recidivism rates shall be a component of the model. The cost
 1201  effectiveness model shall compare program costs to client
 1202  outcomes and program outputs. It is the intent of the
 1203  Legislature that continual development efforts take place to
 1204  improve the validity and reliability of the cost-effectiveness
 1205  model and to integrate the standard methodology developed under
 1206  s. 985.401(4) for interpreting program outcome evaluations.
 1207         (7) No later than November 1, 2001, the department shall
 1208  submit a proposal to the Legislature concerning funding
 1209  incentives and disincentives for the department and for
 1210  providers under contract with the department. The
 1211  recommendations for funding incentives and disincentives shall
 1212  be based upon both quality assurance performance and cost
 1213  effectiveness performance. The proposal should strive to achieve
 1214  consistency in incentives and disincentives for both department
 1215  operated and contractor-provided programs. The department may
 1216  include recommendations for the use of liquidated damages in the
 1217  proposal; however, the department is not presently authorized to
 1218  contract for liquidated damages in non-hardware-secure
 1219  facilities until January 1, 2002.
 1220         Section 54. Paragraph (b) of subsection (2) of section
 1221  985.686, Florida Statutes, is reenacted to read:
 1222         985.686 Shared county and state responsibility for juvenile
 1223  detention.—
 1224         (2) As used in this section, the term:
 1225         (b) “Fiscally constrained county” means a county within a
 1226  rural area of critical economic concern as designated by the
 1227  Governor pursuant to s. 288.0656 or each county for which the
 1228  value of a mill will raise no more than $5 million in revenue,
 1229  based on the certified school taxable value certified pursuant
 1230  to s. 1011.62(4)(a)1.a., from the previous July 1.
 1231         Section 55. This act shall take effect July 1, 2010.

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