Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for CS for SB 1392
Ì601794?Î601794
LEGISLATIVE ACTION
Senate . House
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Senator Brandes moved the following:
1 Senate Amendment to House Amendment (299739) (with title
2 amendment)
3
4 Delete lines 5 - 1025
5 and insert:
6 Section 1. Subsection (5) of section 20.315, Florida
7 Statutes, is amended to read
8 20.315 Department of Corrections.—There is created a
9 Department of Corrections.
10 (5) ANNUAL REPORTING.—The department shall report annually
11 to the Governor, the President of the Senate, and the Speaker of
12 the House of Representatives recounting its activities and
13 making recommendations for improvements to the performance of
14 the department. The annual report must include information
15 published under s. 945.041.
16 Section 2. Subsection (5) of section 23.1225, Florida
17 Statutes, is amended to read:
18 23.1225 Mutual aid agreements.—
19 (5) In the event of a disaster or emergency such that a
20 state of emergency is declared by the Governor pursuant to
21 chapter 252, a mutual aid agreement may be used to increase the
22 presence of law enforcement to aid in traffic and crowd control,
23 emergency response, and evacuation support. The requirement that
24 a requested operational assistance agreement be a written
25 agreement for rendering of assistance in a law enforcement
26 emergency may be waived by the participating agencies for a
27 period of up to 90 days from the declaration of the disaster.
28 (a) When a law enforcement agency lends assistance pursuant
29 to this subsection, all powers, privileges, and immunities
30 listed in s. 23.127, except with regard to interstate mutual aid
31 agreements, apply to the agency or entity, if the law
32 enforcement employees rendering services are being requested and
33 coordinated by the affected local law enforcement executive in
34 charge of law enforcement operations.
35 (b) A listing of such agencies or entities and the officers
36 and employees of such agencies or entities rendering assistance
37 pursuant to this subsection must be maintained by the agency or
38 entity requesting such assistance and filed at the end of the
39 90-day period with the Florida Department of Law Enforcement.
40 Section 3. Subsection (1) of section 57.105, Florida
41 Statutes, is amended to read:
42 57.105 Attorney’s fee; sanctions for raising unsupported
43 claims or defenses; exceptions; service of motions; damages for
44 delay of litigation.—
45 (1) Unless otherwise provided, upon the court’s initiative
46 or motion of any party, the court shall award a reasonable
47 attorney attorney’s fee, including prejudgment interest, to be
48 paid to the prevailing party in equal amounts by the losing
49 party and the losing party’s attorney on any claim or defense at
50 any time during a civil proceeding or action in which the court
51 finds that the losing party or the losing party’s attorney knew
52 or should have known that a claim or defense when initially
53 presented to the court or at any time before trial:
54 (a) Was not supported by the material facts necessary to
55 establish the claim or defense; or
56 (b) Would not be supported by the application of then
57 existing law to those material facts.
58 Section 4. Section 322.75, Florida Statutes, is created to
59 read:
60 322.75 Driver License Reinstatement Days.—
61 (1) Each judicial circuit shall establish a Driver License
62 Reinstatement Days program and designate at least 1 day for
63 reinstating suspended driver licenses. Participants shall
64 include the Department of Highway Safety and Motor Vehicles, the
65 state attorney’s office, the public defender’s office, the
66 circuit and county courts, the clerk of court, and any
67 interested community organization.
68 (2) The clerk of court, in consultation with other
69 participants, shall annually select one or more days for an
70 event at which a person may have his or her driver license
71 reinstated. A person must pay the full license reinstatement
72 fee; however, the clerk may reduce or waive other fees and costs
73 to facilitate reinstatement.
74 (3)(a) A person is eligible for reinstatement under the
75 program if his or her license was suspended due to:
76 1. Driving without a valid driver license;
77 2. Driving with a suspended driver license;
78 3. Failing to make a payment on penalties in collection;
79 4. Failing to appear in court for a traffic violation; or
80 5. Failing to comply with provisions of chapter 318 or this
81 chapter.
82 (b) Notwithstanding paragraphs (4)(a) through (c), a person
83 is eligible for reinstatement under the program if the period of
84 suspension or revocation has elapsed, the person has completed
85 any required course or program as described in paragraph (4)(c),
86 and the person is otherwise eligible for reinstatement.
87 (4) A person is not eligible for reinstatement under the
88 program if his or her driver license is suspended or revoked:
89 (a) Because the person failed to fulfill a court-ordered
90 child support obligation;
91 (b) For a violation of s. 316.193;
92 (c) Because the person has not completed a driver training
93 program, driver improvement course, or alcohol or substance
94 abuse education or evaluation program required under s. 316.192,
95 s. 316.193, s. 322.2616, s. 322.271, or s. 322.264;
96 (d) For a traffic-related felony; or
97 (e) Because the person is a habitual traffic offender under
98 s. 322.264.
99 (5) The clerk of court and the Department of Highway Safety
100 and Motor Vehicles shall verify any information necessary for
101 reinstatement of a driver license under the program.
102 Section 5. Paragraph (f) is added to subsection (2) of
103 section 784.046, Florida Statutes, to read:
104 784.046 Action by victim of repeat violence, sexual
105 violence, or dating violence for protective injunction; dating
106 violence investigations, notice to victims, and reporting;
107 pretrial release violations; public records exemption.—
108 (2) There is created a cause of action for an injunction
109 for protection in cases of repeat violence, there is created a
110 separate cause of action for an injunction for protection in
111 cases of dating violence, and there is created a separate cause
112 of action for an injunction for protection in cases of sexual
113 violence.
114 (f) Notwithstanding any other law, attorney fees may not be
115 awarded in any proceeding under this section.
116 Section 6. Paragraph (d) is added to subsection (2) of
117 section 784.0485, Florida Statutes, to read:
118 784.0485 Stalking; injunction; powers and duties of court
119 and clerk; petition; notice and hearing; temporary injunction;
120 issuance of injunction; statewide verification system;
121 enforcement.—
122 (2)
123 (d) Notwithstanding any other law, attorney fees may not be
124 awarded in any proceeding under this section.
125 Section 7. Paragraphs (c), (d), and (e) of subsection (2)
126 of section 812.014, Florida Statutes, are amended to read:
127 812.014 Theft.—
128 (2)
129 (c) It is grand theft of the third degree and a felony of
130 the third degree, punishable as provided in s. 775.082, s.
131 775.083, or s. 775.084, if the property stolen is:
132 1. Valued at $1,000 $300 or more, but less than $5,000.
133 2. Valued at $5,000 or more, but less than $10,000.
134 3. Valued at $10,000 or more, but less than $20,000.
135 4. A will, codicil, or other testamentary instrument.
136 5. A firearm.
137 6. A motor vehicle, except as provided in paragraph (a).
138 7. Any commercially farmed animal, including any animal of
139 the equine, bovine, or swine class or other grazing animal; a
140 bee colony of a registered beekeeper; and aquaculture species
141 raised at a certified aquaculture facility. If the property
142 stolen is aquaculture species raised at a certified aquaculture
143 facility, then a $10,000 fine shall be imposed.
144 8. Any fire extinguisher.
145 8.9. Any amount of citrus fruit consisting of 2,000 or more
146 individual pieces of fruit.
147 9.10. Taken from a designated construction site identified
148 by the posting of a sign as provided for in s. 810.09(2)(d).
149 10.11. Any stop sign.
150 11.12. Anhydrous ammonia.
151 12.13. Any amount of a controlled substance as defined in
152 s. 893.02. Notwithstanding any other law, separate judgments and
153 sentences for theft of a controlled substance under this
154 subparagraph and for any applicable possession of controlled
155 substance offense under s. 893.13 or trafficking in controlled
156 substance offense under s. 893.135 may be imposed when all such
157 offenses involve the same amount or amounts of a controlled
158 substance.
159
160 However, if the property is stolen within a county that is
161 subject to a state of emergency declared by the Governor under
162 chapter 252, the property is stolen after the declaration of
163 emergency is made, and the perpetration of the theft is
164 facilitated by conditions arising from the emergency, the
165 offender commits a felony of the second degree, punishable as
166 provided in s. 775.082, s. 775.083, or s. 775.084, if the
167 property is valued at $5,000 or more, but less than $10,000, as
168 provided under subparagraph 2., or if the property is valued at
169 $10,000 or more, but less than $20,000, as provided under
170 subparagraph 3. As used in this paragraph, the term “conditions
171 arising from the emergency” means civil unrest, power outages,
172 curfews, voluntary or mandatory evacuations, or a reduction in
173 the presence of or the response time for first responders or
174 homeland security personnel. For purposes of sentencing under
175 chapter 921, a felony offense that is reclassified under this
176 paragraph is ranked one level above the ranking under s.
177 921.0022 or s. 921.0023 of the offense committed.
178 (d) It is grand theft of the third degree and a felony of
179 the third degree, punishable as provided in s. 775.082, s.
180 775.083, or s. 775.084, if the property stolen is valued at
181 $1,000 $100 or more, but less than $5,000 $300, and is taken
182 from a dwelling as defined in s. 810.011(2) or from the
183 unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
184 (e) Except as provided in paragraph (d), if the property
185 stolen is valued at $500 $100 or more, but less than $1,000
186 $300, the offender commits petit theft of the first degree,
187 punishable as a misdemeanor of the first degree, as provided in
188 s. 775.082 or s. 775.083.
189 Section 8. Subsection (8) of section 812.015, Florida
190 Statutes, is amended to read:
191 812.015 Retail and farm theft; transit fare evasion;
192 mandatory fine; alternative punishment; detention and arrest;
193 exemption from liability for false arrest; resisting arrest;
194 penalties.—
195 (8) Except as provided in subsection (9), a person who
196 commits retail theft commits a felony of the third degree,
197 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
198 if the property stolen is valued at $1,000 $300 or more, and the
199 person:
200 (a) Individually, or in concert with one or more other
201 persons, coordinates the activities of one or more individuals
202 in committing the offense, in which case the amount of each
203 individual theft is aggregated to determine the value of the
204 property stolen;
205 (b) Commits theft from more than one location within a 48
206 hour period, in which case the amount of each individual theft
207 is aggregated to determine the value of the property stolen;
208 (c) Acts in concert with one or more other individuals
209 within one or more establishments to distract the merchant,
210 merchant’s employee, or law enforcement officer in order to
211 carry out the offense, or acts in other ways to coordinate
212 efforts to carry out the offense; or
213 (d) Commits the offense through the purchase of merchandise
214 in a package or box that contains merchandise other than, or in
215 addition to, the merchandise purported to be contained in the
216 package or box.
217 Section 9. Paragraph (o) is added to subsection (1) of
218 section 893.135, Florida Statutes, to read:
219 893.135 Trafficking; mandatory sentences; suspension or
220 reduction of sentences; conspiracy to engage in trafficking.—
221 (1) Except as authorized in this chapter or in chapter 499
222 and notwithstanding the provisions of s. 893.13:
223 (o)1. For purposes of this subsection, the term “dosage
224 unit” means an individual tablet, capsule, pill, transdermal
225 patch, sublingual gelatin, or other visually distinctive form,
226 with clear manufacturer marking on each unit, of a commercial
227 drug product approved by the Food and Drug Administration and
228 manufactured and distributed by a pharmaceutical company
229 lawfully doing business in the United States.
230 2. If a controlled substance described in this section is
231 sold, purchased, delivered, or brought into this state by a
232 person in the form of a dosage unit, he or she may only be
233 prosecuted under this paragraph.
234 3. Notwithstanding any other provision of this subsection,
235 a person who knowingly sells, purchases, delivers, or brings
236 into this state, or who is knowingly in actual or constructive
237 possession of, 120 dosage units or more of a controlled
238 substance described in this section, commits a felony of the
239 first degree, which felony shall be known as “trafficking in
240 pharmaceuticals,” punishable as provided in s. 775.082, s.
241 775.083, or s. 775.084. If the quantity involved:
242 a. Is 120 or more dosage units, but less than 500 dosage
243 units, such person shall be sentenced to a mandatory minimum
244 term of imprisonment of 3 years and may be ordered to pay a fine
245 of up to $25,000.
246 b. Is 500 or more dosage units, but less than 1,000 dosage
247 units, such person shall be sentenced to a mandatory minimum
248 term of imprisonment of 7 years and may be ordered to pay a fine
249 of up to $50,000.
250 c. Is 1,000 or more dosage units, such person shall be
251 sentenced to a mandatory minimum term of imprisonment of 15
252 years and may be ordered to pay a fine of up to $100,000.
253 Section 10. Subsection (7) is added to section 893.147,
254 Florida Statutes, to read:
255 893.147 Use, possession, manufacture, delivery,
256 transportation, advertisement, or retail sale of drug
257 paraphernalia, specified machines, and materials.—
258 (7) TABLETING MACHINES, ENCAPSULATING MACHINES, AND
259 CONTROLLED SUBSTANCE COUNTERFEITING MATERIALS.—
260 (a) Except as provided in paragraph (b), it is unlawful for
261 any person to possess, purchase, deliver, sell, or possess with
262 intent to sell or deliver a tableting machine, encapsulating
263 machine or controlled substance counterfeiting material knowing,
264 intending, or having reasonable cause to believe that it will be
265 used to manufacture a controlled substance or counterfeit
266 controlled substance.
267 (b)1. A regulated person may possess, purchase, deliver,
268 sell, or possess with intent to deliver or sell a tableting
269 machine or encapsulating machine as part of a regulated
270 transaction with a regular customer or regular importer, in
271 compliance with 21 U.S.C. s. 830. For purposes of this
272 paragraph, the terms “regulated person,” “regulated
273 transaction,” “regular customer,” and “regular importer” have
274 the same meaning as defined in 21 U.S.C. s. 802.
275 2. A person registered under 21 U.S.C. s. 822 may possess,
276 purchase, deliver, sell, or possess with intent to deliver or
277 sell a tableting machine or encapsulating machine to manufacture
278 a controlled substance pursuant to such registration.
279 3. A person who holds an active, unencumbered license or
280 permit under s. 381.986 or chapter 465 may possess, purchase,
281 deliver, sell, or possess with intent to sell or deliver a
282 tableting machine or encapsulating machine to manufacture a
283 controlled substance, if such person is performing functions in
284 compliance with or under the authority of that license or
285 permit.
286 (c) For the purpose of this subsection, the term:
287 1. “Controlled substance” has the same meaning as provided
288 in s. 893.02(4).
289 2. “Controlled substance counterfeiting material” means a
290 punch, die, plate, stone, or other item designed to print,
291 imprint, or reproduce the trademark, trade name, or other
292 identifying mark, imprint, or device of another or any likeness
293 of any of the foregoing upon a drug or container or labeling
294 thereof so as to render such drug a counterfeit controlled
295 substance.
296 3. “Counterfeit controlled substance” has the same meaning
297 as provided in s. 831.31(2).
298 4. “Encapsulating machine” means manual, semiautomatic, or
299 fully automatic equipment used to fill shells or capsules with
300 any powdered or granular solids or semisolid material to produce
301 coherent solid tablets.
302 5. “Tableting machine” means manual, semiautomatic, or
303 fully automatic equipment use to compact or mold powdered or
304 granular solids or semisolid material to produce coherent solid
305 tablets.
306 (d)1. Except as provided in subparagraph 2., a person who
307 violates this subsection commits a felony of the third degree,
308 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
309 2. Any person who violates this subsection knowing,
310 intending, or having reasonable cause to believe that such
311 action will result in the unlawful manufacture of a controlled
312 substance or counterfeit controlled substance that contains:
313 a. A controlled substance under s. 893.03(1);
314 b. Cocaine;
315 c. Opium or any synthetic or natural salt, compound,
316 derivative, or preparation of opium;
317 d. Methadone;
318 e. Alfentanil;
319 f. Carfentanil;
320 g. Fentanyl;
321 h. Sufentanil; or
322 i. A controlled substance analog, as defined in s.
323 893.0356, of any substance in sub-subparagraphs a. through h.,
324 commits a felony of the second degree, punishable as provided in
325 s. 775.082, s. 775.083, or s. 775.084.
326 Section 11. Section 893.21, Florida Statutes, is amended to
327 read:
328 893.21 Alcohol- and drug-related overdoses; medical
329 assistance; immunity from charge and prosecution.—
330 (1) A person acting in good faith who seeks medical
331 assistance for an individual experiencing, or believed to be
332 experiencing, an alcohol- or a drug-related overdose may not be
333 charged, prosecuted, or penalized pursuant to this chapter for
334 possession of a controlled substance or a violation of s.
335 562.111, if the evidence for possession of a controlled
336 substance was obtained as a result of the person’s seeking
337 medical assistance.
338 (2) A person who experiences, or has a good faith belief
339 that he or she is experiencing, an alcohol- or a drug-related
340 overdose and is in need of medical assistance may not be
341 charged, prosecuted, or penalized pursuant to this chapter for
342 possession of a controlled substance or a violation of s.
343 562.111, if the evidence for such offense possession of a
344 controlled substance was obtained as a result of the person’s
345 seeking the overdose and the need for medical assistance.
346 (3) A person who is experiencing, or has a good faith
347 belief that he or she is experiencing, an alcohol- or a drug
348 related overdose and receives medical assistance, or a person
349 acting in good faith who seeks medical assistance for an
350 individual experiencing, or believed to be experiencing, an
351 alcohol- or a drug-related overdose, may not be penalized for a
352 violation of a condition of pretrial release, probation, or
353 parole if the evidence for such a violation was obtained as a
354 result of the person’s seeking medical assistance.
355 (4)(3) Protection in this section from charge and
356 prosecution for possession offenses under this chapter may not
357 be grounds for suppression of evidence in other criminal
358 prosecutions.
359 Section 12. Section 900.05, Florida Statutes, is created to
360 read:
361 900.05 Criminal justice data collection.—It is the intent
362 of the Legislature to create a model of uniform criminal justice
363 data collection by requiring local and state criminal justice
364 agencies to report complete, accurate, and timely data, and to
365 make such data available to the public. The Legislature finds
366 that it is an important state interest to implement a uniform
367 data collection process and promote criminal justice data
368 transparency.
369 (1) DEFINITIONS.—As used in this section, the term:
370 (a) “Annual felony caseload” means the yearly caseload of
371 each full-time state attorney and assistant state attorney,
372 public defender and assistant public defender, or regional
373 conflict counsel and assistant regional conflict counsel for
374 cases assigned to the circuit criminal division, based on the
375 number of felony cases reported to the Supreme Court under s.
376 25.075. The term does not include the appellate caseload of a
377 public defender, assistant public defender, regional conflict
378 counsel, or assistant regional conflict counsel. Cases reported
379 pursuant to this term must be associated with a case number and
380 each case number must only be reported once regardless of the
381 number of attorney assignments that occur during the course of
382 litigation. The cases reported pursuant to this term is
383 determined by the number of cases assigned to the relevant
384 office as of June 30 each fiscal year and shall be reported once
385 annually in the first reporting period upon the conclusion of
386 the fiscal year.
387 (b) “Annual misdemeanor caseload” means the yearly caseload
388 of each full-time state attorney and assistant state attorney,
389 public defender and assistant public defender, or regional
390 conflict counsel and assistant regional conflict counsel for
391 cases assigned to the county criminal division, based on the
392 number of misdemeanor cases reported to the Supreme Court under
393 s. 25.075. The term does not include the appellate caseload of a
394 public defender, assistant public defender, regional conflict
395 counsel, or assistant regional conflict counsel. Cases reported
396 pursuant to this term must be associated with a case number and
397 each case number must only be reported once regardless of the
398 number of attorney assignments that occur during the course of
399 litigation. The cases reported pursuant to this term is
400 determined by the number of cases assigned to the relevant
401 office as of June 30 each fiscal year and shall be reported once
402 annually in the first reporting period upon the conclusion of
403 the fiscal year.
404 (c) “Attorney assignment date” means the date a court
405 appointed attorney is assigned to the case or, if privately
406 retained, the date an attorney files a notice of appearance with
407 the clerk of court.
408 (d) “Attorney withdrawal date” means the date the court
409 removes court-appointed counsel from a case or, for a privately
410 retained attorney, the date a motion to withdraw is granted by
411 the court.
412 (e) “Case number” means the identification number assigned
413 by the clerk of court to a criminal case.
414 (f) “Case status” means whether a case is open, inactive,
415 closed, or reopened due to a violation of probation or community
416 control.
417 (g) “Charge description” means the statement of the conduct
418 that is alleged to have been violated, the associated statutory
419 section establishing such conduct as criminal, and the
420 misdemeanor or felony classification that is provided for in the
421 statutory section alleged to have been violated.
422 (h) “Charge modifier” means an aggravating circumstance of
423 an alleged crime that enhances or reclassifies a charge to a
424 more serious misdemeanor or felony offense level.
425 (i) “Concurrent or consecutive sentence flag” means an
426 indication that a defendant is serving another sentence
427 concurrently or consecutively in addition to the sentence for
428 which data is being reported.
429 (j) “Daily number of correctional officers” means the
430 number of full-time, part-time, and auxiliary correctional
431 officers who are actively providing supervision, protection,
432 care, custody, and control of inmates in a county detention
433 facility or state correctional institution or facility each day.
434 (k) “Defense attorney type” means whether the attorney is a
435 public defender, regional conflict counsel, or other counsel
436 court-appointed for the defendant; the attorney is privately
437 retained by the defendant; or the defendant is represented pro
438 se.
439 (l) “Disciplinary violation and action” means any conduct
440 performed by an inmate in violation of the rules of a county
441 detention facility or state correctional institution or facility
442 that results in the initiation of disciplinary proceedings by
443 the custodial entity and the consequences of such disciplinary
444 proceedings.
445 (m) “Disposition date” means the date of final judgment,
446 adjudication, adjudication withheld, dismissal, or nolle
447 prosequi for the case and if different dates apply, the
448 disposition dates of each charge.
449 (n) “Domestic violence flag” means an indication that a
450 charge involves domestic violence as defined in s. 741.28.
451 (o) “Gang affiliation flag” means an indication that a
452 defendant is involved in or associated with a criminal gang as
453 defined in s. 874.03.
454 (p) “Gain-time credit earned” means a credit of time
455 awarded to an inmate in a county detention facility in
456 accordance with s. 951.22 or a state correctional institution or
457 facility in accordance with s. 944.275.
458 (q) “Habitual offender flag” means an indication that a
459 defendant is eligible for designation as a habitual felony
460 offender as defined in s. 775.084 or a habitual misdemeanor
461 offender as defined in s. 775.0837.
462 (r) “Habitual violent felony offender flag” means an
463 indication that a defendant is eligible for designation as a
464 habitual violent felony offender as defined in s. 775.084.
465 (s) “Judicial transfer date” means a date on which a
466 defendant’s case is transferred to another court or presiding
467 judge.
468 (t) “Number of contract attorneys representing indigent
469 defendants for the office of the public defender” means the
470 number of attorneys hired on a temporary basis, by contract, to
471 represent indigent clients who were appointed a public defender.
472 (u) “Pretrial release violation flag” means an indication
473 that the defendant has violated the terms of his or her pretrial
474 release.
475 (v) “Prior incarceration within the state” means any prior
476 history of a defendant being incarcerated in a county detention
477 facility or state correctional institution or facility.
478 (w) “Prison releasee reoffender flag” means an indication
479 that a defendant is eligible for designation as a prison
480 releasee reoffender as defined in s. 775.082.
481 (x) “Tentative release date” means the anticipated date
482 that an inmate will be released from incarceration after the
483 application of adjustments for any gain-time earned or credit
484 for time served.
485 (y) “Sexual offender flag” means an indication that a
486 defendant required to register as a sexual predator as defined
487 in s. 775.21 or as a sexual offender as defined in s. 943.0435.
488 (z) “Three-time violent felony offender” means an
489 indication that a defendant is eligible for designation as a
490 three-time violent felony offender as defined in s. 775.084.
491 (aa) “Violent career criminal” means an indication that a
492 defendant is eligible for designation as a violent career
493 criminal as defined in s. 775.084.
494 (2) DATA COLLECTION AND REPORTING.—Beginning January 1,
495 2019, each entity required to collect data under this subsection
496 shall collect the specified data on a monthly basis and report
497 the collected data to the Department of Law Enforcement on a
498 quarterly basis.
499 (a) Clerk of the court.—Each clerk of court shall collect
500 the following data for each criminal case:
501 1. Case number.
502 2. Date that the alleged offense occurred.
503 3. County in which the offense is alleged to have occurred.
504 4. Date the defendant is taken into physical custody by a
505 law enforcement agency or is issued a notice to appear on a
506 criminal charge, if such date is different from the date the
507 offense is alleged to have occurred.
508 5. Date that the criminal prosecution of a defendant is
509 formally initiated through the filing, with the clerk of the
510 court, of an information by the state attorney or an indictment
511 issued by a grand jury.
512 6. Arraignment date.
513 7. Attorney assignment date.
514 8. Attorney withdrawal date.
515 9. Case status.
516 10. Disposition date.
517 11. Information related to each defendant, including:
518 a. Identifying information, including name, date of birth,
519 age, race or ethnicity, and gender.
520 b. Zip code of primary residence.
521 c. Primary language.
522 d. Citizenship.
523 e. Immigration status, if applicable.
524 f. Whether the defendant has been found by a court to be
525 indigent pursuant to s. 27.52.
526 12. Information related to the formal charges filed against
527 the defendant, including:
528 a. Charge description.
529 b. Charge modifier, if applicable.
530 c. Drug type for each drug charge, if known.
531 d. Qualification for a flag designation as defined in this
532 section, including a domestic violence flag, gang affiliation
533 flag, habitual offender flag, habitual violent felony offender
534 flag, pretrial release violation flag, prison releasee
535 reoffender flag, sexual offender flag, three-time violent felony
536 offender flag, or violent career criminal flag.
537 13. Information related to bail or bond and pretrial
538 release determinations, including the dates of any such
539 determinations:
540 a. Pretrial release determination made at a first
541 appearance hearing that occurs within 24 hours of arrest,
542 including all monetary and nonmonetary conditions of release.
543 b. Modification of bail or bond conditions made by a court
544 having jurisdiction to try the defendant or, in the absence of
545 the judge of the trial court, by the circuit court, including
546 modifications to any monetary and nonmonetary conditions of
547 release.
548 c. Cash bail or bond payment, including whether the
549 defendant utilized a bond agent to post a surety bond.
550 d. Date defendant is released on bail, bond, or pretrial
551 release.
552 e. Bail or bond revocation due to a new offense, a failure
553 to appear, or a violation of the terms of bail or bond, if
554 applicable.
555 14. Information related to court dates and dates of motions
556 and appearances, including:
557 a. Date of any court appearance and the type of proceeding
558 scheduled for each date reported.
559 b. Date of any failure to appear in court, if applicable.
560 c. Judicial transfer date, if applicable.
561 d. Trial date.
562 e. Date that a defendant files a notice to participate in
563 discovery.
564 f. Speedy trial motion and hearing dates, if applicable.
565 g. Dismissal motion and hearing dates, if applicable.
566 15. Defense attorney type.
567 16. Information related to sentencing, including:
568 a. Date that a court enters a sentence against a defendant.
569 b. Sentence type and length imposed by the court,
570 including, but not limited to, the total duration of
571 imprisonment in a county detention facility or state
572 correctional institution or facility, and conditions of
573 probation or community control supervision.
574 c. Amount of time served in custody by the defendant
575 awaiting disposition of the reported criminal case that is
576 credited at the time of disposition.
577 d. Total amount of court fees imposed by the court at the
578 disposition of the case.
579 e. Outstanding balance of the defendant’s court fees
580 imposed by the court at disposition of the case.
581 f. Total amount of fines imposed by the court at the
582 disposition of the case.
583 g. Outstanding balance of the defendant’s fines imposed by
584 the court at disposition of the case.
585 h. Restitution amount ordered, including the amount
586 collected by the court and the amount paid to the victim, if
587 applicable.
588 i. Digitized sentencing scoresheet prepared in accordance
589 with s. 921.0024.
590 17. The number of judges or magistrates, or their
591 equivalents, hearing cases in circuit or county criminal
592 divisions of the circuit court. Judges or magistrates, or their
593 equivalents, who solely hear appellate cases from the county
594 criminal division are not to be reported under this
595 subparagraph.
596 (b) State attorney.—Each state attorney shall collect the
597 following data:
598 1. Information related to a human victim of a criminal
599 offense, including:
600 a. Identifying information of the victim, including race or
601 ethnicity, gender, and age.
602 b. Relationship to the offender, if any.
603 2. Number of full-time prosecutors.
604 3. Number of part-time prosecutors.
605 4. Annual felony caseload.
606 5. Annual misdemeanor caseload.
607 6. Any charge referred to the state attorney by a law
608 enforcement agency related to an episode of criminal activity.
609 7. Number of cases in which a no-information was filed.
610 8. Information related to each defendant, including:
611 a. Each charge referred to the state attorney by a law
612 enforcement agency related to an episode of criminal activity.
613 b. Drug type for each drug charge, if applicable.
614 c. Qualification for a flag designation as defined in this
615 section, including a domestic violence flag, gang affiliation
616 flag, habitual offender flag, habitual violent felony offender
617 flag, pretrial release violation flag, prison releasee
618 reoffender flag, sexual offender flag, three-time violent felony
619 offender flag, or violent career criminal flag.
620 d. The complete terms of any plea offer provided to the
621 defendant by the state attorney.
622 (c) Public defender.—Each public defender shall collect the
623 following data for each criminal case:
624 1. Number of full-time public defenders.
625 2. Number of part-time public defenders.
626 3. Number of contract attorneys representing indigent
627 defendants for the office of the public defender.
628 4. Annual felony caseload.
629 5. Annual misdemeanor caseload.
630 6. Number of cases of which the office of the public
631 defender has conflicted off in each fiscal year as of June 30
632 each fiscal year, which is to be reported in the first reporting
633 period upon the conclusion of the fiscal year.
634 (d) Regional conflict counsel.—Each regional conflict
635 counsel shall collect the following data for each criminal case:
636 1. Number of full-time assistant regional conflict counsel
637 handling criminal cases.
638 2. Number of part-time assistant regional conflict counsel
639 handling criminal cases.
640 3. Number of contract attorneys representing indigent
641 defendants in criminal cases for the office of the regional
642 conflict counsel.
643 4. Annual felony caseload.
644 5. Annual misdemeanor caseload.
645 (e) Justice Administrative Commission.—The Justice
646 Administrative Commission shall collect the following data for
647 each criminal case:
648 1. Number of contract or private court-appointed attorneys
649 representing indigent defendants in criminal cases.
650 2. Number of privately retained attorneys where the
651 defendant was declared indigent for costs.
652 3. Number of felony cases handled annually by contract or
653 private court-appointed attorneys representing indigent
654 defendants.
655 4. Number of misdemeanor cases handled annually by contract
656 or private court-appointed attorneys representing indigent
657 defendants.
658 5. Number of felony cases handled annually by privately
659 retained attorneys where the defendant was declared indigent for
660 costs.
661 6. Number of misdemeanor cases handled annually by
662 privately retained attorneys where the defendant was declared
663 indigent for costs.
664 (f) County detention facility.—The administrator of each
665 county detention facility shall collect the following data:
666 1. Maximum capacity for the county detention facility.
667 2. Weekly admissions to the county detention facility for a
668 revocation of probation or community control.
669 3. Daily population of the county detention facility,
670 including the specific number of inmates in the custody of the
671 county that:
672 a. Are awaiting case disposition.
673 b. Have been sentenced by a court to a term of imprisonment
674 in the county detention facility.
675 c. Have been sentenced by a court to a term of imprisonment
676 with the Department of Corrections and who are awaiting
677 transportation to the department.
678 d. Have a federal detainer or are awaiting disposition of a
679 case in federal court.
680 4. Information related to each inmate, including the date a
681 defendant is processed into the county detention facility
682 subsequent to an arrest for a new violation of law or for a
683 violation of probation or community control.
684 5. Total population of the county detention facility at
685 year-end. This data must include the same specified
686 classifications as subparagraph 3.
687 6. Per diem rate for a county detention facility bed.
688 7. Daily number of correctional officers for the county
689 detention facility.
690 8. Annual county detention facility budget. This
691 information only needs to be reported once annually at the
692 beginning of the county’s fiscal year.
693 9. Revenue generated for the county from the temporary
694 incarceration of federal defendants or inmates.
695 (g) Department of Corrections.—The Department of
696 Corrections shall collect the following data:
697 1. Information related to each inmate, including:
698 a. Identifying information, including name, date of birth,
699 race or ethnicity, and identification number assigned by the
700 department.
701 b. Number of children.
702 c. Education level, including any vocational training.
703 d. Date the inmate was admitted to the custody of the
704 department.
705 e. Current institution placement and the security level
706 assigned to the institution.
707 f. Custody level assignment.
708 g. Qualification for a flag designation as defined in this
709 section, including a domestic violence flag, gang affiliation
710 flag, habitual offender flag, habitual violent felony offender
711 flag, pretrial release violation flag, prison releasee
712 reoffender flag, sexual offender flag, three-time violent felony
713 offender flag, or violent career criminal flag.
714 h. County that committed the prisoner to the custody of the
715 department.
716 i. Whether the reason for admission to the department is
717 for a new conviction or a violation of probation, community
718 control, or parole. For an admission for a probation, community
719 control, or parole violation, the department shall report
720 whether the violation was technical or based on a new violation
721 of law.
722 j. Specific statutory citation for which the inmate was
723 committed to the department, including, for an inmate convicted
724 of a drug offense under s. 893.13 or s. 893.135, the weight and
725 the statutory citation for each specific drug involved.
726 k. Length of sentence, including any concurrent or
727 consecutive sentences served.
728 l. Tentative release date.
729 m. Gain time earned in accordance with s. 944.275.
730 n. Prior incarceration within the state.
731 o. Disciplinary violation and action.
732 p. Participation in rehabilitative or educational programs
733 while in the custody of the department.
734 2. Information about each state correctional institution or
735 facility, including:
736 a. Budget for each state correctional institution or
737 facility.
738 b. Daily prison population of all inmates incarcerated in a
739 state correctional institution or facility.
740 c. Daily number of correctional officers for each state
741 correctional institution or facility.
742 3. Information related to persons supervised by the
743 department on probation or community control, including:
744 a. Identifying information for each person supervised by
745 the department on probation or community control, including his
746 or her name, date of birth, race or ethnicity, sex, and
747 department-assigned case number.
748 b. Length of probation or community control sentence
749 imposed and amount of time that has been served on such
750 sentence.
751 c. Projected termination date for probation or community
752 control.
753 d. Revocation of probation or community control due to a
754 violation, including whether the revocation is due to a
755 technical violation of the conditions of supervision or from the
756 commission of a new law violation.
757 4. Per diem rates, reported once annually at the time the
758 most recent per diem rate is published, for:
759 a. Prison bed.
760 b. Probation.
761 c. Community control.
762 (3) DATA PUBLICLY AVAILABLE.—Beginning January 1, 2019, the
763 Department of Law Enforcement shall publish datasets in its
764 possession in a modern, open, electronic format that is machine
765 readable and readily accessible by the public on the
766 department’s website. The published data must be searchable, at
767 a minimum, by each data element, county, circuit, and unique
768 identifier. Data that is in the department’s possession as of
769 January 1, 2019, shall be published in its entirety by July 1,
770 2020. Beginning March 1, 2019, the department shall begin
771 publishing the data received under subsection (2) in the same
772 modern, open, electronic format that is machine-readable and
773 readily accessible to the public on the department’s website.
774 The department shall publish all data received under subsection
775 (2) no later than July 1, 2020.
776 (4) EXCEPTION TO PUBLIC AVAILABILITY.—In an effort to
777 ensure the privacy of the specified information required to be
778 collected under this section, including, but not limited to,
779 protected health information, the Department of Law Enforcement
780 may not publish data in a manner that allows the public to
781 associate such data with a person’s name, social security
782 number, or date of birth. Any data collected and published under
783 this section related to a person shall be solely identifiable by
784 the unique identifier assigned to such person by the department
785 pursuant to s. 943.687. Any information that is exempt or
786 confidential and exempt under other provisions of law that is
787 obtained by a local or state entity under this section retains
788 its exempt or confidential and exempt status when held by the
789 Department of Law Enforcement.
790 (5) NONCOMPLIANCE.—Notwithstanding any other law, an entity
791 required to collect and transmit data under paragraph (2)(a) or
792 paragraph (2)(f) which does not comply with the requirements of
793 this section is ineligible to receive funding from the General
794 Appropriations Act, any state grant program administered by the
795 Department of Law Enforcement, or any other state agency for 3
796 years after the date of noncompliance.
797 Section 13. A pilot project is established in the Sixth
798 Judicial Circuit for the purpose of improving criminal justice
799 data transparency and ensuring that data submitted under s.
800 900.05, Florida Statutes, is accurate, valid, reliable, and
801 structured. The clerk of court, the state attorney, the public
802 defender, or a sheriff in the circuit may enter into a
803 memorandum of understanding with a national, nonpartisan,
804 nonprofit entity that provides data and measurement for county
805 level criminal justice systems to establish the duties and
806 responsibilities of a data fellow, completely funded by the
807 entity, to be embedded with the office or agency. The data
808 fellow shall assist with data extraction, validation, and
809 quality and shall publish such data consistent with the terms of
810 the memorandum. The data fellow shall assist the office or
811 agency in compiling and reporting data pursuant to s. 900.05,
812 Florida Statutes, in compliance with rules established by the
813 Department of Law Enforcement. The pilot project shall expire as
814 provided in the memorandum of understanding.
815 Section 14. For the 2018-2019 fiscal year, nine full-time
816 equivalent positions with associated salary rate of 476,163 are
817 authorized and the recurring sum of $665,884 and the
818 nonrecurring sum of $1,084,116 is appropriated from the General
819 Revenue Fund to the Department of Law Enforcement for the
820 purposes of implementing ss. 900.05(3) and 943.687, Florida
821 Statutes, transitioning to incident-based crime reporting, and
822 collecting and submitting crime statistics that meet the
823 requirements of the Federal Bureau of Investigation under the
824 National Incident-Based Reporting System.
825 Section 15. Section 907.0421, Florida Statutes, is created
826 to read:
827 907.0421 Pretrial release; use of risk assessment
828 instruments.—
829 (1) The Legislature finds that there is a need to use
830 evidence-based methods to identify defendants that can
831 successfully comply with specified pretrial release conditions.
832 The Legislature finds that the use of actuarial instruments that
833 classify offenders according to the likelihood of failure to
834 appear at subsequent hearings or engage in criminal conduct
835 while awaiting trial provides a more consistent and accurate
836 assessment of a defendant’s risk of noncompliance while on
837 pretrial release pending trial. The Legislature also finds that
838 research indicates that using accurate risk and needs assessment
839 instruments ensures successful compliance with pretrial
840 conditions imposed on a defendant and reduces the likelihood of
841 defendants remaining unnecessarily in custody pending trial.
842 (2) The chief judge of each circuit, with the concurrence
843 of the county’s chief correctional officer, the state attorney,
844 and the public defender, may enter an administrative order to
845 administer a risk assessment instrument in preparation of first
846 appearance for use in pretrial release decisions. The risk
847 assessment instrument must be objective, standardized, and based
848 on analysis of empirical data and risk factors relevant to
849 pretrial failure, that evaluates the likelihood of failure to
850 appear in court and the likelihood of rearrest during the
851 pretrial release period, and that is validated on the pretrial
852 population.
853 (3)(a) The risk assessment instrument results must be used
854 as supplemental factors for the court to consider when
855 determining the appropriateness of pretrial release at first
856 appearance or subsequent pretrial release determinations and, if
857 applicable, the conditions of release that are appropriate based
858 on predicted level of risk and pretrial failure. The court shall
859 impose the least-restrictive conditions necessary, based on the
860 results of the risk assessment instrument, to reasonably ensure
861 the defendant’s appearance at subsequent hearings.
862 (b) A court that uses the results from a risk assessment
863 instrument in pretrial release determinations retains sole
864 discretion to impose any pretrial release conditions that it
865 deems necessary to ensure the defendant’s appearance at
866 subsequent hearings.
867 (4) A circuit that intends to use a risk assessment
868 instrument in pretrial release decisions must have such
869 instrument independently validated by the Department of
870 Corrections. A circuit may begin to use such instrument in
871 pretrial release decisions immediately upon validation of and
872 implementation of training all local staff who will administer
873 the risk assessment instrument.
874 (5) Each circuit that establishes an administrative order
875 for the use of risk assessment instruments in pretrial release
876 determinations shall provide an annual report to the Office of
877 Program Policy Analysis and Government Accountability that
878 details the risk assessment instrument used, results of the
879 administration of the risk assessment instrument, including the
880 results of defendants that were both detained in custody
881 awaiting trial and released from custody awaiting trial, the
882 frequency of released defendants that failed to appear at one or
883 more subsequent court hearings, and the level of risk determined
884 in the risk assessment instrument associated with a defendant
885 that failed to appear for any court hearings. The annual report
886 from the circuit must be submitted to OPPAGA by October 1 each
887 year. OPPAGA shall compile the results of the counties reports
888 for inclusion in an independent section of its annual report
889 developed and submitted to the President of the Senate and
890 Speaker of the House of Representatives in accordance with s.
891 907.044.
892 (6) The Department of Corrections may adopt rules to
893 implement the requirement to validate risk assessment
894 instruments used in accordance with this section.
895 Section 16. Paragraph (b) of subsection (4) of section
896 907.043, Florida Statutes, is amended to read:
897 907.043 Pretrial release; citizens’ right to know.—
898 (4)
899 (b) The annual report must contain, but need not be limited
900 to:
901 1. The name, location, and funding sources of the pretrial
902 release program, including the amount of public funds, if any,
903 received by the pretrial release program.
904 2. The operating and capital budget of each pretrial
905 release program receiving public funds.
906 3.a. The percentage of the pretrial release program’s total
907 budget representing receipt of public funds.
908 b. The percentage of the total budget which is allocated to
909 assisting defendants obtain release through a nonpublicly funded
910 program.
911 c. The amount of fees paid by defendants to the pretrial
912 release program.
913 4. The number of persons employed by the pretrial release
914 program.
915 5. The number of defendants assessed and interviewed for
916 pretrial release.
917 6. The number of defendants recommended for pretrial
918 release.
919 7. The number of defendants for whom the pretrial release
920 program recommended against nonsecured release.
921 8. The number of defendants granted nonsecured release
922 after the pretrial release program recommended nonsecured
923 release.
924 9. The number of defendants assessed and interviewed for
925 pretrial release who were declared indigent by the court.
926 10. The number of defendants accepted into a pretrial
927 release program who paid a surety or cash bail or bond.
928 11. The number of defendants for whom a risk assessment
929 tool was used in determining whether they should be released
930 pending the disposition of their cases and the number of
931 defendants for whom a risk assessment tool was not used.
932 12. The specific statutory citation for each criminal
933 charge related to a defendant whose case is accepted into a
934 pretrial release program, including, at a minimum, the number of
935 defendants charged with dangerous crimes as defined in s.
936 907.041; nonviolent felonies; or misdemeanors only. A
937 “nonviolent felony” for purposes of this subparagraph excludes
938 the commission of, an attempt to commit, or a conspiracy to
939 commit any of the following:
940 a. An offense enumerated in s. 775.084(1)(c);
941 b. An offense that requires a person to register as a
942 sexual predator in accordance with s. 775.21 or as a sexual
943 offender in accordance with s. 943.0435;
944 c. Failure to register as a sexual predator in violation of
945 s. 775.21 or as a sexual offender in violation of s. 943.0435;
946 d. Facilitating or furthering terrorism in violation of s.
947 775.31;
948 e. A forcible felony as described in s. 776.08;
949 f. False imprisonment in violation of s. 787.02;
950 g. Burglary of a dwelling or residence in violation of s.
951 810.02(3);
952 h. Abuse, aggravated abuse, and neglect of an elderly
953 person or disabled adult in violation of s. 825.102;
954 i. Abuse, aggravated abuse, and neglect of a child in
955 violation of s. 827.03;
956 j. Poisoning of food or water in violation of s. 859.01;
957 k. Abuse of a dead human body in violation of s. 872.06;
958 l. A capital offense in violation of chapter 893;
959 m. An offense that results in serious bodily injury or
960 death to another human; or
961 n. A felony offense in which the defendant used a weapon or
962 firearm in the commission of the offense.
963 13. The number of defendants accepted into a pretrial
964 release program with no prior criminal conviction.
965 14.10. The name and case number of each person granted
966 nonsecured release who:
967 a. Failed to attend a scheduled court appearance.
968 b. Was issued a warrant for failing to appear.
969 c. Was arrested for any offense while on release through
970 the pretrial release program.
971 15.11. Any additional information deemed necessary by the
972 governing body to assess the performance and cost efficiency of
973 the pretrial release program.
974 Section 17. Subsections (3) through (7) of section
975 921.0024, Florida Statutes, are amended to read:
976 921.0024 Criminal Punishment Code; worksheet computations;
977 scoresheets.—
978 (3) A single digitized scoresheet shall be prepared for
979 each defendant to determine the permissible range for the
980 sentence that the court may impose, except that if the defendant
981 is before the court for sentencing for more than one felony and
982 the felonies were committed under more than one version or
983 revision of the guidelines or the code, separate digitized
984 scoresheets must be prepared. The scoresheet or scoresheets must
985 cover all the defendant’s offenses pending before the court for
986 sentencing. The state attorney shall prepare the digitized
987 scoresheet or scoresheets, which must be presented to the
988 defense counsel for review for accuracy in all cases unless the
989 judge directs otherwise. The defendant’s scoresheet or
990 scoresheets must be approved and signed by the sentencing judge.
991 (4) The Department of Corrections, in consultation with the
992 Office of the State Courts Administrator, state attorneys, and
993 public defenders, must develop and submit the revised digitized
994 Criminal Punishment Code scoresheet to the Supreme Court for
995 approval by June 15 of each year, as necessary. The digitized
996 scoresheet shall have individual, structured data cells for each
997 data field on the scoresheet. Upon the Supreme Court’s approval
998 of the revised digitized scoresheet, the Department of
999 Corrections shall produce and provide sufficient copies of the
1000 revised digitized scoresheets by September 30 of each year, as
1001 necessary. Digitized scoresheets must include individual data
1002 cells to indicate item entries for the scoresheet preparer’s use
1003 in indicating whether any prison sentence imposed includes a
1004 mandatory minimum sentence or the sentence imposed was a
1005 downward departure from the lowest permissible sentence under
1006 the Criminal Punishment Code.
1007 (5) The Department of Corrections shall make available
1008 distribute sufficient copies of the digitized Criminal
1009 Punishment Code scoresheets to those persons charged with the
1010 responsibility for preparing scoresheets.
1011 (6) The clerk of the circuit court shall transmit a
1012 complete and, accurate digitized, and legible copy of the
1013 Criminal Punishment Code scoresheet used in each sentencing
1014 proceeding to the Department of Corrections. Scoresheets must be
1015 electronically transmitted no less frequently than monthly, by
1016 the first of each month, and may be sent collectively.
1017 (7) A digitized sentencing scoresheet must be prepared for
1018 every defendant who is sentenced for a felony offense. A copy of
1019 The individual offender’s digitized Criminal Punishment Code
1020 scoresheet and any attachments thereto prepared pursuant to Rule
1021 3.701, Rule 3.702, or Rule 3.703, Florida Rules of Criminal
1022 Procedure, or any other rule pertaining to the preparation and
1023 submission of felony sentencing scoresheets, must be included
1024 with attached to the copy of the uniform judgment and sentence
1025 form provided to the Department of Corrections.
1026 Section 18. Subsection (1) of section 932.7061, Florida
1027 Statutes, is amended to read:
1028 932.7061 Reporting seized property for forfeiture.—
1029 (1) Every law enforcement agency shall submit an annual
1030 report to the Department of Law Enforcement indicating whether
1031 the agency has seized or forfeited property under the Florida
1032 Contraband Forfeiture Act. A law enforcement agency receiving or
1033 expending forfeited property or proceeds from the sale of
1034 forfeited property in accordance with the Florida Contraband
1035 Forfeiture Act shall submit a completed annual report by
1036 December 1 October 10 documenting the receipts and expenditures.
1037 The report shall be submitted in an electronic form, maintained
1038 by the Department of Law Enforcement in consultation with the
1039 Office of Program Policy Analysis and Government Accountability,
1040 to the entity that has budgetary authority over such agency and
1041 to the Department of Law Enforcement. The annual report must, at
1042 a minimum, specify the type, approximate value, court case
1043 number, type of offense, disposition of property received, and
1044 amount of any proceeds received or expended.
1045 Section 19. Section 934.01, Florida Statutes, is amended to
1046 read:
1047 934.01 Legislative findings.—On the basis of its own
1048 investigations and of published studies, the Legislature makes
1049 the following findings:
1050 (1) Wire communications are normally conducted through the
1051 use of facilities which form part of an intrastate network. The
1052 same facilities are used for interstate and intrastate
1053 communications.
1054 (2) In order to protect effectively the privacy of wire,
1055 and oral, and electronic communications, to protect the
1056 integrity of court and administrative proceedings, and to
1057 prevent the obstruction of intrastate commerce, it is necessary
1058 for the Legislature to define the circumstances and conditions
1059 under which the interception of wire, and oral, and electronic
1060 communications may be authorized and to prohibit any
1061 unauthorized interception of such communications and the use of
1062 the contents thereof in evidence in courts and administrative
1063 proceedings.
1064 (3) Organized criminals make extensive use of wire, and
1065 oral, and electronic communications in their criminal
1066 activities. The interception of such communications to obtain
1067 evidence of the commission of crimes or to prevent their
1068 commission is an indispensable aid to law enforcement and the
1069 administration of justice.
1070 (4) To safeguard the privacy of innocent persons, the
1071 interception of wire, or oral, or electronic communications when
1072 none of the parties to the communication has consented to the
1073 interception should be allowed only when authorized by a court
1074 of competent jurisdiction and should remain under the control
1075 and supervision of the authorizing court. Interception of wire,
1076 and oral, and electronic communications should further be
1077 limited to certain major types of offenses and specific
1078 categories of crime with assurance that the interception is
1079 justified and that the information obtained thereby will not be
1080 misused.
1081 (5) To safeguard the privacy of innocent persons, the
1082 Legislature recognizes that the subjective expectation of
1083 privacy in real-time cell-site location data, real-time precise
1084 global positioning system location data, and historical precise
1085 global positioning system location data that society is now
1086 prepared to accept is objectively reasonable. As such, the law
1087 enforcement collection of the precise location of a person,
1088 cellular phone, or portable electronic communication device
1089 without the consent of the person or owner of the cellular phone
1090 or portable electronic communication device should be allowed
1091 only when authorized by a warrant issued by a court of competent
1092 jurisdiction and should remain under the control and supervision
1093 of the authorizing court.
1094 (6) The Legislature recognizes that the use of portable
1095 electronic communication devices is growing at a rapidly
1096 increasing rate. These devices can store, and encourage the
1097 storing of, an almost limitless amount of personal and private
1098 information. Often linked to the Internet, these devices are
1099 commonly used to access personal and business information and
1100 databases in computers and servers that can be located anywhere
1101 in the world. The user of a portable electronic communication
1102 device has a reasonable and justifiable expectation of privacy
1103 in the information that these devices contain.
1104 (7) The Legislature recognizes that the use of household
1105 electronic devices, including microphone-enabled household
1106 devices, is growing at a rapidly increasing rate. These devices
1107 often contain microphones that listen for and respond to
1108 environmental cues. These household devices are generally
1109 connected to and communicate through the Internet, resulting in
1110 the storage of and accessibility to daily household information
1111 in a device itself or in a remote computing service. Persons
1112 should not have to choose between using household technological
1113 enhancements and conveniences or preserving the right to privacy
1114 in one’s home.
1115 Section 20. Subsection (2) of section 934.02, Florida
1116 Statutes, is amended, and subsections (27) and (28) are added to
1117 that section, to read:
1118 934.02 Definitions.—As used in this chapter:
1119 (2) “Oral communication” means any oral communication
1120 uttered by a person exhibiting an expectation that such
1121 communication is not subject to interception under circumstances
1122 justifying such expectation, including the use of a microphone
1123 enabled household device, and does not mean any public oral
1124 communication uttered at a public meeting or any electronic
1125 communication.
1126 (27) “Microphone-enabled household device” means a device,
1127 sensor, or other physical object within a residence:
1128 (a) Capable of connecting to the Internet, directly or
1129 indirectly, or to another connected device;
1130 (b) Capable of creating, receiving, accessing, processing,
1131 or storing electronic data or communications;
1132 (c) Which communicates with, by any means, another entity
1133 or individual; and
1134 (d) Which contains a microphone designed to listen for and
1135 respond to environmental cues.
1136 (28) “Portable electronic communication device” means an
1137 object capable of being easily transported or conveyed by a
1138 person which is capable of creating, receiving, accessing, or
1139 storing electronic data or communications and which communicates
1140 with, by any means, another device, entity, or individual.
1141 Section 21. Section 934.21, Florida Statutes, is amended to
1142 read:
1143 934.21 Unlawful access to stored communications;
1144 penalties.—
1145 (1) Except as provided in subsection (3), whoever:
1146 (a) Intentionally accesses without authorization a facility
1147 through which an electronic communication service is provided,
1148 or
1149 (b) Intentionally exceeds an authorization to access such
1150 facility,
1151
1152 and thereby obtains, alters, or prevents authorized access to a
1153 wire or electronic communication while it is in electronic
1154 storage in such system shall be punished as provided in
1155 subsection (2).
1156 (2) The punishment for an offense under subsection (1) is
1157 as follows:
1158 (a) If the offense is committed for purposes of commercial
1159 advantage, malicious destruction or damage, or private
1160 commercial gain, the person is:
1161 1. In the case of a first offense under this subsection,
1162 commits guilty of a misdemeanor of the first degree, punishable
1163 as provided in s. 775.082, s. 775.083, or s. 934.41.
1164 2. In the case of any subsequent offense under this
1165 subsection, commits guilty of a felony of the third degree,
1166 punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
1167 s. 934.41.
1168 (b) In any other case, the person commits is guilty of a
1169 misdemeanor of the second degree, punishable as provided in s.
1170 775.082 or s. 775.083.
1171 (3) Subsection (1) does not apply with respect to conduct
1172 authorized:
1173 (a) By the person or entity providing a wire, oral, or
1174 electronic communications service, including through cellular
1175 phones, portable electronic communication devices, or
1176 microphone-enabled household devices;
1177 (b) By a user of a wire, oral, or electronic communications
1178 service, including through cellular phones, portable electronic
1179 communication devices, or microphone-enabled household devices,
1180 with respect to a communication of or intended for that user; or
1181 (c) In s. 934.09 or, s. 934.23;, or s. 934.24
1182 (d) In chapter 933; or
1183 (e) For accessing for a legitimate business purpose
1184 information that is not personally identifiable or that has been
1185 collected in a way that prevents identification of the user of
1186 the device.
1187 Section 22. Section 934.42, Florida Statutes, is amended to
1188 read:
1189 934.42 Mobile tracking device and location tracking
1190 authorization.—
1191 (1) As used in this section, the term:
1192 (a) “Mobile tracking device” means an electronic or
1193 mechanical device which permits the tracking of the movement of
1194 a person or object.
1195 (b) “Real-time location tracking” means:
1196 1. Installation and use of a mobile tracking device on the
1197 object to be tracked;
1198 2. Acquisition of real-time cell-site location data; or
1199 3. Acquisition of real-time precise global positioning
1200 system location data.
1201 (c) “Historical location data” means the acquisition of
1202 historical precise global positioning system location data in
1203 the possession of a provider.
1204 (2)(1) An investigative or law enforcement officer may make
1205 application to a judge of competent jurisdiction for a warrant
1206 an order authorizing or approving real-time location tracking
1207 the installation and use of a mobile tracking device or the
1208 acquisition of historical location data in the possession of the
1209 provider.
1210 (3)(2) An application under subsection (2) (1) of this
1211 section must include:
1212 (a) A statement of the identity of the applicant and the
1213 identity of the law enforcement agency conducting the
1214 investigation.
1215 (b) A statement setting forth a reasonable period of time
1216 that the mobile tracking device may be used or the location data
1217 may be obtained in real-time, not to exceed 45 days after the
1218 date the warrant is issued. The court may, for good cause, grant
1219 one or more extensions for a reasonable period of time, not to
1220 exceed 45 days each. When seeking historical location data, the
1221 applicant must specify a data range for the data sought
1222 certification by the applicant that the information likely to be
1223 obtained is relevant to an ongoing criminal investigation being
1224 conducted by the investigating agency.
1225 (c) A statement of the offense to which the information
1226 likely to be obtained relates.
1227 (d) A statement as to whether it may be necessary to use
1228 and monitor the mobile tracking device outside the jurisdiction
1229 of the court from which authorization is being sought.
1230 (4)(3) Upon application made as provided under subsection
1231 (3) (2), the court, if it finds probable cause that the
1232 certification and finds that the statements required by
1233 subsection (3) (2) have been made in the application, must grant
1234 a warrant shall enter an ex parte order authorizing real-time
1235 location tracking or the acquisition of historical location data
1236 the installation and use of a mobile tracking device. Such
1237 warrant order may authorize the use of the mobile tracking
1238 device within the jurisdiction of the court and outside that
1239 jurisdiction but within the State of Florida if the mobile
1240 tracking device is installed within the jurisdiction of the
1241 court. The warrant must command the officer to complete any
1242 installation authorized by the warrant within a specified period
1243 of time not to exceed 10 calendar days.
1244 (5)(4) A court may not require greater specificity or
1245 additional information beyond that which is required by law and
1246 this section as a requisite for issuing a warrant an order.
1247 (6) Within 10 days after the time period specified in
1248 paragraph (3)(b) has ended, the officer executing a warrant must
1249 return the warrant to the issuing judge. When the warrant is
1250 authorizing historical location data, the officer executing the
1251 warrant must return the warrant to the issuing judge within 10
1252 days after receipt of the records. The officer may do so by
1253 reliable electronic means.
1254 (7) Within 10 days after the time period specified in
1255 paragraph (3)(b) has ended, the officer executing a warrant must
1256 serve a copy of the warrant on the person who, or whose
1257 property, was tracked. When the warrant is authorizing
1258 historical location data, the officer executing the warrant must
1259 serve a copy of the warrant on the person whose data was
1260 obtained within 10 days after receipt of the records. Service
1261 may be accomplished by delivering a copy to the person who, or
1262 whose property, was tracked or data obtained or by leaving a
1263 copy at the person’s residence or usual place of abode with an
1264 individual of suitable age and discretion who resides at that
1265 location and by mailing a copy to the person’s last known
1266 address. Upon a showing of good cause to a court of competent
1267 jurisdiction, the court may grant one or more postponements of
1268 this notice for a period of 90 days each.
1269 (8)(5) The standards established by Florida courts and the
1270 United States Supreme Court for the installation, use, or and
1271 monitoring of mobile tracking devices and the acquisition of
1272 location data shall apply to the installation, use, or
1273 monitoring and use of any device and the acquisition of location
1274 data as authorized by this section.
1275 (6) As used in this section, a “tracking device” means an
1276 electronic or mechanical device which permits the tracking of
1277 the movement of a person or object.
1278 (9)(a) Notwithstanding any other provision of this chapter,
1279 any investigative or law enforcement officer specially
1280 designated by the Governor, the Attorney General, the statewide
1281 prosecutor, or a state attorney acting pursuant to this chapter
1282 who reasonably determines that:
1283 1. An emergency exists which:
1284 a. Involves immediate danger of death or serious physical
1285 injury to any person or the danger of escape of a prisoner; and
1286 b. Requires real-time location tracking before a warrant
1287 authorizing such tracking can, with due diligence, be obtained;
1288 and
1289 2. There are grounds upon which a warrant could be issued
1290 under this chapter to authorize such tracking,
1291
1292 may engage in real-time location tracking if, within 48 hours
1293 after the tracking has occurred or begins to occur, a warrant
1294 approving the tracking is issued in accordance with this
1295 section.
1296 (b) In the absence of an authorizing warrant, such tracking
1297 must immediately terminate when the information sought is
1298 obtained, when the application for the warrant is denied, or
1299 when 48 hours have lapsed since the tracking began, whichever is
1300 earlier.
1301 Section 23. Section 943.687, Florida Statutes, is created
1302 to read:
1303 943.687 Criminal justice data transparency.—In order to
1304 facilitate the availability of comparable and uniform criminal
1305 justice data, the department shall:
1306 (1) Collect, compile, maintain, and manage the data
1307 submitted by local and state entities pursuant to s. 900.05 and
1308 coordinate related activities to collect and submit data. The
1309 department shall create a unique identifier for each criminal
1310 case received from the clerks of court which identifies the
1311 person who is the subject of the criminal case. The unique
1312 identifier must be the same for that person in any court case.
1313 The department must compile all data collected and reported by
1314 local or state entities associated with a person and maintain
1315 all such relevant data under the unique identifier that is
1316 assigned. The unique identifier shall be the sole data element
1317 used to identify an individual in any public forum including an
1318 Internet-based database created under this section. The unique
1319 identifier shall be randomly created and may not include any
1320 portion of the person’s name, social security number, or date of
1321 birth. Any information that is exempt or confidential and exempt
1322 under other provisions of law that is obtained by a local or
1323 state entity under s. 900.05 and required to be published by the
1324 department under this section retains its exempt or confidential
1325 and exempt status when held by the department.
1326 (2) Promote criminal justice data sharing by making such
1327 data received under s. 900.05 comparable, transferable, and
1328 readily usable.
1329 (3) Create and maintain an Internet-based database of
1330 criminal justice data received under s. 900.05 in a modern,
1331 open, electronic format that is machine-readable and readily
1332 accessible through an application program interface. The
1333 database must allow the public to search, at a minimum, by data
1334 element, county, judicial circuit, and unique identifier, in
1335 accordance with s. 900.05(4). The department may not require a
1336 license or charge a fee to access or receive information from
1337 the database.
1338 (4) Develop written agreements with local, state, and
1339 federal agencies to facilitate criminal justice data sharing.
1340 (5) Establish by rule:
1341 (a) Requirements for the entities subject to the
1342 requirements of s. 900.05 to submit data through an application
1343 program interface.
1344 (b) A data catalog defining data objects, describing data
1345 fields, and detailing the meaning of and options for each data
1346 element reported pursuant to s. 900.05.
1347 (c) How data collected pursuant to s. 900.05 is compiled,
1348 processed, structured, used, or shared. The rule shall provide
1349 for the tagging of all information associated with each case
1350 number and unique identifier.
1351 (d) Requirements for implementing and monitoring the
1352 Internet-based database established under subsection (3).
1353 (e) How information contained in the Internet-based
1354 database established under subsection (3) is accessed by the
1355 public.
1356 (6) Consult with local, state, and federal criminal justice
1357 agencies and other public and private users of the database
1358 established under subsection (3) on the data elements collected
1359 under s. 900.05, the use of such data, and adding data elements
1360 to be collected.
1361 (7) Monitor data collection procedures and test data
1362 quality to facilitate the dissemination of accurate, valid,
1363 reliable, and complete criminal justice data.
1364 (8) Develop methods for archiving data, retrieving archived
1365 data, and data editing and verification.
1366 Section 24. Subsection (1) of section 943.13, Florida
1367 Statutes, is amended to read:
1368 943.13 Officers’ minimum qualifications for employment or
1369 appointment.—On or after October 1, 1984, any person employed or
1370 appointed as a full-time, part-time, or auxiliary law
1371 enforcement officer or correctional officer; on or after October
1372 1, 1986, any person employed as a full-time, part-time, or
1373 auxiliary correctional probation officer; and on or after
1374 October 1, 1986, any person employed as a full-time, part-time,
1375 or auxiliary correctional officer by a private entity under
1376 contract to the Department of Corrections, to a county
1377 commission, or to the Department of Management Services shall:
1378 (1) Be at least 19 years of age, except that any person
1379 employed as a full-time, part-time, or auxiliary correctional
1380 officer may be at least 18 years of age.
1381 Section 25. Section 944.145, Florida Statutes, is created
1382 to read:
1383 944.145 Correctional officers under the age of 19.—A
1384 correctional officer who is under the age of 19 years may not
1385 supervise inmates, but may perform all of the other duties
1386 performed by a full-time, part-time, or auxiliary correctional
1387 officer.
1388 Section 26. Subsection (3) of section 944.704, Florida
1389 Statutes, is amended to read:
1390 944.704 Staff who provide transition assistance; duties.
1391 The department shall provide a transition assistance specialist
1392 at each of the major institutions whose duties include, but are
1393 not limited to:
1394 (3) Obtaining job placement information which must include
1395 identifying any job assignment credentialing or industry
1396 certifications for which an inmate is eligible.
1397
1398 The transition assistance specialist may not be a correctional
1399 officer or correctional probation officer as defined in s.
1400 943.10.
1401 Section 27. Present subsections (3), (4), (5), and (6) of
1402 section 944.705, Florida Statutes, are renumbered as subsections
1403 (4), (5), (6), and (10), respectively, and a new subsection (3)
1404 and subsections (7), (8), (9), and (11) are added to that
1405 section, to read:
1406 944.705 Release orientation program.—
1407 (3) Each inmate shall receive a comprehensive community
1408 reentry resource directory organized by the county to which the
1409 inmate is being released. The directory shall include the name,
1410 address, and telephone number of each provider, and a
1411 description of services offered. The directory must also include
1412 the name, address, and telephone number of existing portals of
1413 entry.
1414 (7) The department shall allow a nonprofit faith-based,
1415 business and professional, civic, or community organization to
1416 apply to be registered under this section to provide inmate
1417 reentry services. Reentry services include, but are not limited
1418 to, counseling; providing information on housing and job
1419 placement; money management assistance; and programs addressing
1420 substance abuse, mental health, or co-occurring conditions.
1421 (8) The department shall adopt policies and procedures for
1422 screening, approving, and registering an organization that
1423 applies to be registered to provide inmate reentry services
1424 under subsection (7). The department may deny approval and
1425 registration of an organization or a representative from an
1426 organization if it determines that the organization or
1427 representative does not meet the department’s policies or
1428 procedures.
1429 (9) The department may contract with a public or private
1430 educational institution’s Veteran’s Advocacy Clinic or Veteran’s
1431 Legal Clinic to assist qualified veterans who are inmates in
1432 applying for veteran’s assistance benefits upon release.
1433 (11) The department shall adopt rules to implement this
1434 section.
1435 Section 28. Present subsections (4) and (5) of section
1436 944.801, Florida Statutes, are renumbered as subsections (5) and
1437 (6), respectively, and a new subsection (4) and subsection (7)
1438 are added to that section, to read:
1439 944.801 Education for state prisoners.—
1440 (4) The department may only contract for 100 percent of the
1441 cost to provide educational services under the Correctional
1442 Education Program to state inmates with an appropriate entity,
1443 including a district school board, the Florida Virtual School, a
1444 Florida College System institution, a virtual education provider
1445 approved by the State Board of Education, a charter school
1446 authorized to operate under s. 1002.33, or an entity certified
1447 under s. 445.06. The educational services may include any
1448 educational, career, or workforce education training that is
1449 authorized by the department.
1450 (7) The Correctional Education Program may develop a Prison
1451 Entrepreneurship Program and adopt procedures for admitting
1452 student inmates. If the department elects to develop the
1453 program, it must include at least 180 days of in-prison
1454 education. Program curriculum must include a component on
1455 developing a business plan, procedures for graduation and
1456 certification of successful student inmates, and at least 90
1457 days of transitional and postrelease continuing education
1458 services. Transitional and postrelease continuing education
1459 services may be offered to graduate student inmates on a
1460 voluntary basis and may not be a requirement for completion of
1461 the program. The department shall enter into agreements with
1462 public or private community colleges, junior colleges, colleges,
1463 universities, or other nonprofit entities to implement the
1464 program. The program shall be funded within existing resources.
1465 Section 29. Section 945.041, Florida Statutes, is created
1466 to read:
1467 945.041 Department of Corrections reports.—The department
1468 shall publish on its website and make available to the public
1469 the following information, updated on a quarterly basis:
1470 (1) Inmate admissions by offense type. Burglary offenses
1471 under s. 810.02(2), (3)(a), and (3)(b) must be reported as a
1472 separate category from all other property crimes.
1473 (2) The rates of rearrest, reconviction, reincarceration,
1474 and probation revocation, in this state within a 3-year time
1475 period following an inmate’s release from incarceration.
1476 Section 30. Paragraph (d) is added to subsection (1) of
1477 section 945.091, Florida Statutes, to read:
1478 945.091 Extension of the limits of confinement; restitution
1479 by employed inmates.—
1480 (1) The department may adopt rules permitting the extension
1481 of the limits of the place of confinement of an inmate as to
1482 whom there is reasonable cause to believe that the inmate will
1483 honor his or her trust by authorizing the inmate, under
1484 prescribed conditions and following investigation and approval
1485 by the secretary, or the secretary’s designee, who shall
1486 maintain a written record of such action, to leave the confines
1487 of that place unaccompanied by a custodial agent for a
1488 prescribed period of time to:
1489 (d) Participate in supervised community release as
1490 prescribed by the department by rule. The inmate’s participation
1491 may begin 90 days before his or her provisional or tentative
1492 release date. Such supervised community release must include
1493 electronic monitoring and community control as defined in s.
1494 948.001. The department must administer a risk assessment
1495 instrument to appropriately determine an inmate’s ability to be
1496 released pursuant to this paragraph.
1497 1. If a participating inmate fails to comply with the
1498 conditions prescribed by the department by rule for supervised
1499 community release, the department may terminate the inmate’s
1500 supervised community release and return him or her to the same
1501 or another institution designated by the department. A law
1502 enforcement officer or a probation officer may arrest the inmate
1503 without a warrant in accordance with s. 948.06, if there are
1504 reasonable grounds to believe he or she has violated the terms
1505 and conditions of supervised community release. The law
1506 enforcement officer or probation officer must report the
1507 inmate’s alleged violations to a correctional officer for
1508 disposition of disciplinary charges as prescribed by the
1509 department by rule.
1510 2. An inmate participating in supervised community release
1511 under this paragraph remains eligible to earn or lose gain-time
1512 in accordance with s. 944.275 and department rule, but may not
1513 receive gain-time or other sentence credit in an amount that
1514 would cause his or her sentence to expire, end, or terminate, or
1515 that would result in his or her release, before serving a
1516 minimum of 85 percent of the sentence imposed. The inmate may
1517 not be counted in the population of the prison system and the
1518 inmate’s approved community-based housing location may not be
1519 counted in the capacity figures for the prison system.
1520 Section 31. Present subsections (4), (5), and (6) through
1521 (15) of section 947.005, Florida Statutes, are redesignated as
1522 subsections (5), (6), and (8) through (17), respectively, and
1523 new subsections (4) and (7) are added to that section, to read:
1524 947.005 Definitions.—As used in this chapter, unless the
1525 context clearly indicates otherwise:
1526 (4) “Conditional medical release” means the release from a
1527 state correctional institution or facility under this chapter
1528 for medical or mental health treatment pursuant to s. 947.149.
1529 (7) “Electronic monitoring device” means an electronic or
1530 telecommunications device that is used to track and supervise
1531 the location of a person. Such devices include, but are not
1532 limited to, voice tracking systems, position tracking systems,
1533 position location systems, or biometric tracking systems.
1534 Section 32. Subsection (1) of section 947.149, Florida
1535 Statutes, is amended to read:
1536 947.149 Conditional medical release.—
1537 (1) The commission shall, in conjunction with the
1538 department, establish the conditional medical release program.
1539 An inmate is eligible for consideration for release under the
1540 conditional medical release program when the inmate, because of
1541 an existing medical or physical condition, is determined by the
1542 department to be within one of the following designations:
1543 (a) “Permanently incapacitated inmate,” which means an
1544 inmate who has a condition caused by injury, disease, or illness
1545 which, to a reasonable degree of medical certainty, renders the
1546 inmate permanently and irreversibly physically incapacitated to
1547 the extent that the inmate does not constitute a danger to
1548 herself or himself or others.
1549 (b) “Terminally ill inmate,” which means an inmate who has
1550 a condition caused by injury, disease, or illness which, to a
1551 reasonable degree of medical certainty, renders the inmate
1552 terminally ill to the extent that there can be no recovery and
1553 death is expected within 12 months is imminent, so that the
1554 inmate does not constitute a danger to herself or himself or
1555 others.
1556 Section 33. Subsection (1) of section 948.001, Florida
1557 Statutes, is amended to read:
1558 948.001 Definitions.—As used in this chapter, the term:
1559 (1) “Administrative probation” means a form of no contact,
1560 nonreporting supervision in which an offender who presents a low
1561 risk of harm to the community may, upon satisfactory completion
1562 of half the term of probation, be transferred by the Department
1563 of Corrections to this type of reduced level of supervision, as
1564 provided in s. 948.013.
1565 Section 34. Subsection (1) of section 948.013, Florida
1566 Statutes, is amended to read:
1567 948.013 Administrative probation.—
1568 (1) A court may sentence an offender to administrative
1569 probation if he or she presents a low risk of harm to the
1570 community. The Department of Corrections may transfer an
1571 offender to administrative probation if he or she presents a low
1572 risk of harm to the community and has satisfactorily completed
1573 at least half of the probation term. The department of
1574 Corrections may establish procedures for transferring an
1575 offender to administrative probation. The department may collect
1576 an initial processing fee of up to $50 for each probationer
1577 transferred to administrative probation. The offender is exempt
1578 from further payment for the cost of supervision as required in
1579 s. 948.09.
1580 Section 35. Subsection (3) is added to section 948.03,
1581 Florida Statutes, to read:
1582 948.03 Terms and conditions of probation.—
1583 (3) The Department of Corrections shall include all
1584 conditions of probation for each probationer, as determined by
1585 the court, in the Florida Crime Information Center database.
1586 Section 36. Subsection (1) of section 948.06, Florida
1587 Statutes, is amended, and subsection (9) is added to that
1588 section, to read:
1589 948.06 Violation of probation or community control;
1590 revocation; modification; continuance; failure to pay
1591 restitution or cost of supervision.—
1592 (1)(a) Whenever within the period of probation or community
1593 control there are reasonable grounds to believe that a
1594 probationer or offender in community control has violated his or
1595 her probation or community control in a material respect, any
1596 law enforcement officer who is aware of the probationary or
1597 community control status of the probationer or offender in
1598 community control or any probation officer may arrest or request
1599 any county or municipal law enforcement officer to arrest such
1600 probationer or offender without warrant wherever found and
1601 return him or her to the court granting such probation or
1602 community control.
1603 (b) Any committing trial court judge may issue a warrant,
1604 upon the facts being made known to him or her by affidavit of
1605 one having knowledge of such facts, for the arrest of the
1606 probationer or offender, returnable forthwith before the court
1607 granting such probation or community control. In lieu of issuing
1608 a warrant for arrest, the committing trial court judge may issue
1609 a notice to appear if the probationer or offender in community
1610 control has never been convicted of committing, and is not
1611 currently alleged to have committed, a qualifying offense as
1612 defined in this section.
1613 (c) If a probationer or offender on community control
1614 commits a technical violation, the probation officer must
1615 determine whether he or she is eligible for the alternative
1616 sanctioning program under subsection (9). If the probationer or
1617 offender on community control is eligible, the probation officer
1618 may proceed with the alternative sanctioning program in lieu of
1619 filing an affidavit of violation with the court. For purposes of
1620 this section, the term “technical violation” means an alleged
1621 violation of supervision that is not a new felony offense,
1622 misdemeanor offense, or criminal traffic offense.
1623 (d)(c) If a judge finds reasonable grounds to believe that
1624 a probationer or an offender has violated his or her probation
1625 or community control in a material respect by committing a new
1626 violation of law, the judge may issue a warrant for the arrest
1627 of the person.
1628 (e)(d)1. At a first appearance hearing for an offender who
1629 has been arrested for violating his or her probation or
1630 community control in a material respect by committing a new
1631 violation of law the court:
1632 a. Shall inform the person of the violation.
1633 b. May order the person to be taken before the court that
1634 granted the probation or community control if the person admits
1635 the violation.
1636 2. If the probationer or offender does not admit the
1637 violation at the first appearance hearing, the court:
1638 a. May commit the probationer or offender or may release
1639 the person with or without bail to await further hearing,
1640 notwithstanding s. 907.041, relating to pretrial detention and
1641 release; or
1642 b. May order the probationer or offender to be brought
1643 before the court that granted the probation or community
1644 control.
1645 3. In determining whether to require or set the amount of
1646 bail, and notwithstanding s. 907.041, relating to pretrial
1647 detention and release, the court may consider whether the
1648 probationer or offender is more likely than not to receive a
1649 prison sanction for the violation.
1650
1651 This paragraph does not apply to a probationer or offender on
1652 community control who is subject to the hearing requirements
1653 under subsection (4) or paragraph (8)(e).
1654 (f)(e) Any probation officer, any officer authorized to
1655 serve criminal process, or any peace officer of this state is
1656 authorized to serve and execute such warrant. Any probation
1657 officer is authorized to serve such notice to appear.
1658 (g)(f) Upon the filing of an affidavit alleging a violation
1659 of probation or community control and following issuance of a
1660 warrant for such violation, a warrantless arrest under this
1661 section, or a notice to appear under this section, the
1662 probationary period is tolled until the court enters a ruling on
1663 the violation. Notwithstanding the tolling of probation, the
1664 court shall retain jurisdiction over the offender for any
1665 violation of the conditions of probation or community control
1666 that is alleged to have occurred during the tolling period. The
1667 probation officer is permitted to continue to supervise any
1668 offender who remains available to the officer for supervision
1669 until the supervision expires pursuant to the order of probation
1670 or community control or until the court revokes or terminates
1671 the probation or community control, whichever comes first.
1672 (h)(g) The chief judge of each judicial circuit may direct
1673 the department to use a notification letter of a technical
1674 violation in appropriate cases in lieu of a violation report,
1675 affidavit, and warrant or a notice to appear when the alleged
1676 violation is not a new felony or misdemeanor offense. Such
1677 direction must be in writing and must specify the types of
1678 specific technical violations which are to be reported by a
1679 notification letter of a technical violation, any exceptions to
1680 those violations, and the required process for submission. At
1681 the direction of the chief judge, the department shall send the
1682 notification letter of a technical violation to the court.
1683 (h)1. The chief judge of each judicial circuit, in
1684 consultation with the state attorney, the public defender, and
1685 the department, may establish an alternative sanctioning program
1686 in which the department, after receiving court approval, may
1687 enforce specified sanctions for certain technical violations of
1688 supervision. For purposes of this paragraph, the term “technical
1689 violation” means any alleged violation of supervision that is
1690 not a new felony offense, misdemeanor offense, or criminal
1691 traffic offense.
1692 2. To establish an alternative sanctioning program, the
1693 chief judge must issue an administrative order specifying:
1694 a. Eligibility criteria.
1695 b. The technical violations that are eligible for the
1696 program.
1697 c. The sanctions that may be recommended by a probation
1698 officer for each technical violation.
1699 d. The process for reporting technical violations through
1700 the alternative sanctioning program, including approved forms.
1701 3. If an offender is alleged to have committed a technical
1702 violation of supervision that is eligible for the program, the
1703 offender may:
1704 a. Waive participation in the alternative sanctioning
1705 program, in which case the probation officer may submit a
1706 violation report, affidavit, and warrant to the court in
1707 accordance with this section; or
1708 b. Elect to participate in the alternative sanctioning
1709 program after receiving written notice of an alleged technical
1710 violation and a disclosure of the evidence against the offender,
1711 admit to the technical violation, agree to comply with the
1712 probation officer’s recommended sanction if subsequently ordered
1713 by the court, and agree to waive the right to:
1714 (I) Be represented by legal counsel.
1715 (II) Require the state to prove his or her guilt before a
1716 neutral and detached hearing body.
1717 (III) Subpoena witnesses and present to a judge evidence in
1718 his or her defense.
1719 (IV) Confront and cross-examine adverse witnesses.
1720 (V) Receive a written statement from a factfinder as to the
1721 evidence relied on and the reasons for the sanction imposed.
1722 4. If the offender admits to committing the technical
1723 violation and agrees with the probation officer’s recommended
1724 sanction, the probation officer must, before imposing the
1725 sanction, submit the recommended sanction to the court as well
1726 as documentation reflecting the offender’s admission to the
1727 technical violation and agreement with the recommended sanction.
1728 5. The court may impose the recommended sanction or may
1729 direct the department to submit a violation report, affidavit,
1730 and warrant to the court in accordance with this section.
1731 6. An offender’s participation in an alternative
1732 sanctioning program is voluntary. The offender may elect to
1733 waive or discontinue participation in an alternative sanctioning
1734 program at any time before the issuance of a court order
1735 imposing the recommended sanction.
1736 7. If an offender waives or discontinues participation in
1737 an alternative sanctioning program, the probation officer may
1738 submit a violation report, affidavit, and warrant to the court
1739 in accordance with this section. The offender’s prior admission
1740 to the technical violation may not be used as evidence in
1741 subsequent proceedings.
1742 (i) The court may allow the department to file an
1743 affidavit, notification letter, violation report, or other
1744 report under this section by facsimile or electronic submission.
1745 (9)(a) For a first or second low-risk violation, as defined
1746 in paragraph (b), within the current term of supervision, a
1747 probation officer may offer an eligible probationer one or more
1748 of the following as an alternative sanction:
1749 1. Up to 5 days in the county detention facility;
1750 2. Up to 50 additional community service hours;
1751 3. Counseling or treatment;
1752 4. Support group attendance;
1753 5. Drug testing;
1754 6. Loss of travel or other privileges;
1755 7. Curfew for up to 30 days;
1756 8. House arrest for up to 30 days; or
1757 9. Any other sanction as determined by administrative order
1758 by the chief judge of the circuit.
1759 (b) When committed by a probationer, a low-risk violation
1760 includes:
1761 1. Positive drug or alcohol test result;
1762 2. Failure to report to the probation office;
1763 3. Failure to report a change in address or other required
1764 information;
1765 4. Failure to attend a required class, treatment or
1766 counseling session, or meeting;
1767 5. Failure to submit to a drug or alcohol test;
1768 6. Violation of curfew;
1769 7. Willful nonpayment of any financial obligations that are
1770 required as a condition of probation, including, but not limited
1771 to, making restitution payments or payment of court costs, or a
1772 willful noncompliance with court ordered community service
1773 hours;
1774 8. Leaving the county without permission;
1775 9. Failure to report a change in employment;
1776 10. Associating with a person engaged in criminal activity;
1777 or
1778 11. Any other violation as determined by administrative
1779 order of the chief judge of the circuit.
1780 (c) For a first moderate-risk violation, as defined in
1781 paragraph (d), within the current term of supervision, a
1782 probation officer, with supervisor approval, may offer an
1783 eligible probationer or offender on community control one or
1784 more of the following as an alternative sanction:
1785 1. Up to 21 days in the county detention facility;
1786 2. Curfew for up to 90 days;
1787 3. House arrest for up to 90 days;
1788 4. Electronic monitoring for up to 90 days;
1789 5. Residential treatment for up to 90 days;
1790 6. Any other sanction available for a low-risk violation;
1791 or
1792 7. Any other sanction as determined by administrative order
1793 of the chief judge of the circuit.
1794 (d) A moderate-risk violation includes:
1795 1. A violation listed under paragraph (b) when committed by
1796 an offender on community control;
1797 2. Failure to remain at an approved residence by an
1798 offender on community control;
1799 3. A third or subsequent violation listed under paragraph
1800 (b) by a probationer within the current term of supervision; or
1801 4. Any other violation as determined by administrative
1802 order by the chief judge of the circuit.
1803 (e) A probationer or offender on community control is not
1804 eligible for an alternative sanction if:
1805 1. He or she is a violent felony offender of special
1806 concern, as defined in paragraph (8)(b).
1807 2. The violation is due to the commission of a new felony,
1808 a misdemeanor, or a criminal traffic offense.
1809 3. The violation is absconding.
1810 4. The violation is of a stay-away order or no-contact
1811 order.
1812 5. The violation is not identified as low-risk or moderate
1813 risk under this subsection or by administrative order.
1814 6. He or she has a prior moderate-risk level violation
1815 during the current term of supervision.
1816 7. He or she has three or more prior low-risk level
1817 violations during the current term of supervision.
1818 8. The term of supervision is scheduled to terminate in
1819 less than 90 days.
1820 9. The terms of the sentence prohibit alternative
1821 sanctioning.
1822 (f) If a probationer or offender on community control is
1823 eligible for the alternative sanctioning program, he or she may:
1824 1. Waive participation in the program, in which case the
1825 probation officer may submit a violation report, affidavit, and
1826 warrant to the court; or
1827 2. Elect to participate in the program after receiving
1828 written notice of an alleged technical violation and disclosure
1829 of the evidence against him or her, admit to the technical
1830 violation, agree to comply with the probation officer’s
1831 recommended sanction if subsequently ordered by the court, and
1832 agree to waive the right to:
1833 a. Be represented by legal counsel.
1834 b. Require the state to prove his or her guilt before a
1835 neutral and detached hearing body.
1836 c. Subpoena witnesses and present to a judge evidence in
1837 his or her defense.
1838 d. Confront and cross-examine adverse witnesses.
1839 e. Receive a written statement from a judge as to the
1840 evidence relied on and the reasons for the sanction imposed.
1841 3. If the probationer or offender on community control
1842 admits to committing the technical violation and agrees with the
1843 probation officer’s recommended sanction, the probation officer
1844 must, before imposing the sanction, submit the recommended
1845 sanction to the court with documentation reflecting the
1846 probationer’s admission to the technical violation and agreement
1847 with the recommended sanction.
1848 (g) The court may impose the recommended sanction or direct
1849 the department to submit a violation report, affidavit, and
1850 warrant to the court.
1851 (h) An offender’s participation in the program is
1852 voluntary. The probationer or offender on community control may
1853 waive or discontinue participation in the program at any time
1854 before the court imposes a recommended sanction.
1855 (i) If a probationer or offender on community control
1856 waives or discontinues participation in the program or fails to
1857 complete successfully all alternative sanctions within 90 days
1858 of imposition or within the timeframe specified in the agreed
1859 upon sanction, the probation officer may submit a violation
1860 report, affidavit, and warrant to the court. A prior admission
1861 by the probationer or offender on community control to a
1862 technical violation may not be used as evidence in subsequent
1863 proceedings.
1864 (j) Each judicial circuit shall establish an alternative
1865 sanctioning program as provided in this subsection. The chief
1866 judge of each judicial circuit may, by administrative order,
1867 define additional sanctions or eligibility criteria and specify
1868 the process for reporting technical violations through the
1869 alternative sanctioning program.
1870 Section 37. Section 948.081, Florida Statutes, is created
1871 to read:
1872 948.081 Community court programs.—
1873 (1) Each judicial circuit may establish a community court
1874 program for defendants charged with certain misdemeanor and
1875 third-degree felony offenses. Each community court shall, at a
1876 minimum:
1877 (a) Adopt a nonadversarial approach.
1878 (b) Establish an advisory committee to recommend solutions
1879 and sanctions in each case.
1880 (c) Consider the needs of the victim.
1881 (d) Consider individualized treatment services for the
1882 defendant.
1883 (e) Provide for judicial leadership and interaction.
1884 (f) Monitor the defendant’s compliance.
1885 (2) In the event a county elects to establish a community
1886 court program pursuant to this section, the chief judge of the
1887 judicial circuit shall, by administrative order, specify each
1888 misdemeanor or felony crime eligible for the community court
1889 program. In making such determination, the chief judge shall
1890 consider the particular needs and concerns of the communities
1891 within the judicial circuit.
1892 (3) The Department of Corrections, Department of Juvenile
1893 Justice, Department of Health, Department of Law Enforcement,
1894 Department of Education, law enforcement agencies, and other
1895 government entities involved in the criminal justice system
1896 shall support such community court programs.
1897 (4) A defendant’s entry into a community court program must
1898 be voluntary.
1899 (5) Each community court program shall have a resource
1900 coordinator who:
1901 (a) Coordinates the responsibilities of the participating
1902 agencies and service providers;
1903 (b) Provides case management services;
1904 (c) Monitors compliance by defendants with court
1905 requirements; and
1906 (d) Manages the collection of data for program evaluation
1907 and accountability.
1908 (6) The chief judge of the judicial circuit shall appoint
1909 an advisory committee for each community court. Membership must
1910 include, at a minimum:
1911 (a) The chief judge or a community court judge designated
1912 by the chief judge, who shall serve as chair;
1913 (b) The state attorney;
1914 (c) The public defender; and
1915 (d) The community court resource coordinator.
1916
1917 The committee may also include community stakeholders, treatment
1918 representatives, and other persons the chair deems appropriate.
1919 (7) The advisory committee shall review each defendant’s
1920 case. Each committee member may make recommendations to the
1921 judge, including appropriate sanctions and treatment solutions
1922 for the defendant. The judge shall consider such recommendations
1923 and make the final decision concerning sanctions and treatment
1924 with respect to each defendant.
1925 (8) Each judicial circuit that establishes a community
1926 court program pursuant to this section shall report client-level
1927 and programmatic data to the Office of the State Courts
1928 Administrators annually for program evaluation. Client-level
1929 data include primary offenses resulting in the community court
1930 referral or sentence, treatment compliance, completion status,
1931 reasons for failing to complete the program, offenses committed
1932 during treatment and sanctions imposed, frequency of court
1933 appearances, and units of service. Programmatic data include
1934 referral and screening procedures, eligibility criteria, type
1935 and duration of treatment offered, and residential treatment
1936 resources.
1937 (9) Community court program funding must be secured from
1938 sources other than the state for costs not assumed by the state
1939 under s. 29.004. However, this subsection does not preclude the
1940 use of funds provided for treatment and other services through
1941 state executive branch agencies.
1942 Section 38. Section 948.33, Florida Statutes, is created to
1943 read:
1944 948.33 Prosecution for violation of probation and community
1945 control arrest warrants of state prisoners.—A prisoner in a
1946 state prison in this state who has an unserved violation of
1947 probation or an unserved violation of community control warrant
1948 for his or her arrest may file a state prisoner’s notice of
1949 unserved warrant in the circuit court of the judicial circuit in
1950 which the unserved warrant was issued. The prisoner must also
1951 serve notice on the state attorney of that circuit. The circuit
1952 court shall schedule the notice for a status hearing within 90
1953 days after receipt of the notice. The state prisoner may not be
1954 transported to the status hearing. At the status hearing, the
1955 state attorney shall inform the court as to whether there is an
1956 unserved violation of probation warrant or an unserved violation
1957 of community control warrant for the arrest of the state
1958 prisoner. If a warrant for either violation exists, the court
1959 must enter an order within 30 days after the status hearing for
1960 the transport of the state prisoner to the county jail of the
1961 county that issued the warrant for prosecution of the violation,
1962 and the court shall send the order to the county sheriff for
1963 execution.
1964 Section 39. Section 951.176, Florida Statutes, is amended
1965 to read:
1966 951.176 Provision of education programs for youth.—
1967 (1) Each county may contract with an appropriate entity,
1968 including a district school board, the Florida Virtual School, a
1969 Florida College System institution, a virtual education provider
1970 approved by the State Board of Education, a charter school
1971 authorized to operate under s. 1002.33, or an entity certified
1972 under s. 445.06, to provide educational services for inmates in
1973 county detention facilities. The educational services may
1974 include any educational, career, or workforce education training
1975 that is authorized by the sheriff or chief correctional officer,
1976 or his or her designee.
1977 (2) Minors who have not graduated from high school and
1978 eligible students with disabilities under the age of 22 who have
1979 not graduated with a standard diploma or its equivalent who are
1980 detained in a county or municipal detention facility as defined
1981 in s. 951.23 shall be offered educational services by the local
1982 school district in which the facility is located. These
1983 educational services shall be based upon the estimated length of
1984 time the youth will be in the facility and the youth’s current
1985 level of functioning. School district superintendents or their
1986 designees shall be notified by the county sheriff or chief
1987 correctional officer, or his or her designee, upon the
1988 assignment of a youth under the age of 21 to the facility. A
1989 cooperative agreement with the local school district and
1990 applicable law enforcement units shall be developed to address
1991 the notification requirement and the provision of educational
1992 services to these youth.
1993 Section 40. Section 951.22, Florida Statutes, is amended to
1994 read:
1995 951.22 County detention facilities; contraband articles.—
1996 (1) It is unlawful, except through regular channels as duly
1997 authorized by the sheriff or officer in charge, to introduce
1998 into or possess upon the grounds of any county detention
1999 facility as defined in s. 951.23 or to give to or receive from
2000 any inmate of any such facility wherever said inmate is located
2001 at the time or to take or to attempt to take or send therefrom
2002 any of the following articles which are hereby declared to be
2003 contraband:
2004 (a) for the purposes of this act, to wit: Any written or
2005 recorded communication.;
2006 (b) Any currency or coin.;
2007 (c) Any article of food or clothing.;
2008 (d) Any tobacco products as defined in s. 210.25(12).;
2009 (e) Any cigarette as defined in s. 210.01(1).;
2010 (f) Any cigar.;
2011 (g) Any intoxicating beverage or beverage which causes or
2012 may cause an intoxicating effect.;
2013 (h) Any narcotic, hypnotic, or excitative drug or drug of
2014 any kind or nature, including nasal inhalators, sleeping pills,
2015 barbiturates, and controlled substances as defined in s.
2016 893.02(4).;
2017 (i) Any firearm or any instrumentality customarily used or
2018 which is intended to be used as a dangerous weapon.; and
2019 (j) Any instrumentality of any nature that may be or is
2020 intended to be used as an aid in effecting or attempting to
2021 effect an escape from a county facility.
2022 (k) Any cellular telephone or other portable communication
2023 device intentionally and unlawfully introduced inside the secure
2024 perimeter of a county detention facility without prior
2025 authorization or consent from the sheriff or officer in charge
2026 of such detention facility. As used in this paragraph, the term
2027 “portable communication device” means any device carried, worn,
2028 or stored which is designed or intended to receive or transmit
2029 verbal or written messages, access or store data, or connect
2030 electronically to the Internet or any other electronic device
2031 and which allows communications in any form. Such devices
2032 include, but are not limited to, portable two-way pagers,
2033 handheld radios, cellular telephones, Blackberry-type devices,
2034 personal digital assistants or PDAs, laptop computers, or any
2035 components of these devices which are intended to be used to
2036 assemble such devices. The term also includes any new technology
2037 that is developed for similar purposes. The term does not
2038 include any device having communication capabilities which has
2039 been approved or issued by the sheriff or officer in charge for
2040 investigative or institutional security purposes or for
2041 conducting other official business.
2042 (2) A person who Whoever violates paragraph (1)(a), (b),
2043 (c), (d), (e), (f), or (g) commits a misdemeanor of the first
2044 degree, punishable as provided in s. 775.082 or s. 775.083. A
2045 person who violates paragraph (1)(h), (i), (j), or (k) commits
2046 subsection (1) shall be guilty of a felony of the third degree,
2047 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2048 Section 41. Paragraph (b) of subsection (7) of section
2049 1011.80, Florida Statutes, is amended to read:
2050 1011.80 Funds for operation of workforce education
2051 programs.—
2052 (7)
2053 (b) State funds provided for the operation of postsecondary
2054 workforce programs may not be expended for the education of
2055 state inmates with more than 24 months of time remaining to
2056 serve on their sentence or federal inmates.
2057 Section 42. Subsection (4) of section 1011.81, Florida
2058 Statutes, is amended to read:
2059 1011.81 Florida College System Program Fund.—
2060 (4) State funds provided for the Florida College System
2061 Program Fund may not be expended for the education of state
2062 inmates with more than 24 months of time remaining on their
2063 sentence or federal inmates.
2064 Section 43. Paragraph (e) of subsection (1) of section
2065 1011.84, Florida Statutes, is amended to read:
2066 1011.84 Procedure for determining state financial support
2067 and annual apportionment of state funds to each Florida College
2068 System institution district.—The procedure for determining state
2069 financial support and the annual apportionment to each Florida
2070 College System institution district authorized to operate a
2071 Florida College System institution under the provisions of s.
2072 1001.61 shall be as follows:
2073 (1) DETERMINING THE AMOUNT TO BE INCLUDED IN THE FLORIDA
2074 COLLEGE SYSTEM PROGRAM FUND FOR THE CURRENT OPERATING PROGRAM.—
2075 (e) All state inmate education provided by Florida College
2076 System institutions shall be reported by program, FTE
2077 expenditure, and revenue source. These enrollments,
2078 expenditures, and revenues shall be reported and projected
2079 separately. Instruction of state inmates with more than 24
2080 months of time remaining on their sentence may shall not be
2081 included in the full-time equivalent student enrollment for
2082 funding through the Florida College System Program Fund.
2083 Section 44. Paragraph (b) of subsection (11) of section
2084 320.08058, Florida Statutes, is amended to read:
2085 320.08058 Specialty license plates.—
2086 (11) INVEST IN CHILDREN LICENSE PLATES.—
2087 (b) The proceeds of the Invest in Children license plate
2088 annual use fee must be deposited into the Juvenile Crime
2089 Prevention and Early Intervention Trust Fund within the
2090 Department of Juvenile Justice. Based on the recommendations of
2091 the juvenile justice councils, the department shall use the
2092 proceeds of the fee to fund programs and services that are
2093 designed to prevent juvenile delinquency. The department shall
2094 allocate moneys for programs and services within each county
2095 based on that county’s proportionate share of the license plate
2096 annual use fee collected by the county.
2097 Section 45. The Office of Program Policy Analysis and
2098 Government Accountability shall conduct an analysis of the laws
2099 and procedures pertaining to the transfer of juveniles to adult
2100 courts for criminal prosecution. In conducting the analysis, the
2101 office must consult with representatives from the state
2102 attorneys, the public defenders, the judiciary, the Department
2103 of Corrections, the Department of Juvenile Justice, members of
2104 the private sector with expertise in child development, and
2105 others it deems necessary. By January 1, 2019, the office shall
2106 submit a report of its findings and recommendations to the
2107 Speaker of the House of Representatives, the President of the
2108 Senate, and the Governor. The report must include a review of
2109 current applicable statutes and policies, an analysis of the
2110 statewide use of the laws and procedures, and any
2111 recommendations.
2112 Section 46. Effective July 1, 2019, subsection (18) of
2113 section 985.03, Florida Statutes, is amended to read:
2114 985.03 Definitions.—As used in this chapter, the term:
2115 (18) “Detention care” means the temporary care of a child
2116 in secure or supervised release nonsecure detention, pending a
2117 court adjudication or disposition or execution of a court order.
2118 There are two types of detention care, as follows:
2119 (a) “Secure detention” means temporary custody of the child
2120 while the child is under the physical restriction of a secure
2121 detention center or facility pending adjudication, disposition,
2122 or placement.
2123 (b) “Supervised release Nonsecure detention” means
2124 temporary, nonsecure custody of the child while the child is
2125 released to the custody of the parent, guardian, or custodian in
2126 a physically nonrestrictive environment under the supervision of
2127 the department staff pending adjudication, or disposition,
2128 through programs that or placement. Forms of nonsecure detention
2129 include, but are not limited to, home detention, electronic
2130 monitoring, day reporting centers, evening reporting centers,
2131 and nonsecure shelters. Supervised release Nonsecure detention
2132 may include other requirements imposed by the court.
2133 Section 47. Effective July 1, 2019, subsection (5) of
2134 section 985.037, Florida Statutes, is amended to read:
2135 985.037 Punishment for contempt of court; alternative
2136 sanctions.—
2137 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
2138 position of alternative sanctions coordinator within each
2139 judicial circuit, pursuant to subsection (3). Each alternative
2140 sanctions coordinator shall serve under the direction of the
2141 chief administrative judge of the juvenile division as directed
2142 by the chief judge of the circuit. The alternative sanctions
2143 coordinator shall act as the liaison between the judiciary,
2144 local department officials, district school board employees, and
2145 local law enforcement agencies. The alternative sanctions
2146 coordinator shall coordinate within the circuit community-based
2147 alternative sanctions, including supervised release nonsecure
2148 detention programs, community service projects, and other
2149 juvenile sanctions, in conjunction with the circuit plan
2150 implemented in accordance with s. 790.22(4)(c).
2151 Section 48. Effective July 1, 2019, paragraph (a) of
2152 subsection (1) of section 985.039, Florida Statutes, is amended
2153 to read:
2154 985.039 Cost of supervision; cost of care.—
2155 (1) Except as provided in subsection (3) or subsection (4):
2156 (a) When any child is placed into supervised release
2157 nonsecure detention, probation, or other supervision status with
2158 the department, or is committed to the minimum-risk
2159 nonresidential restrictiveness level, the court shall order the
2160 parent of such child to pay to the department a fee for the cost
2161 of the supervision of such child in the amount of $1 per day for
2162 each day that the child is in such status.
2163 Section 49. Effective July 1, 2019, paragraph (d) of
2164 subsection (1) of section 985.101, Florida Statutes, is amended
2165 to read:
2166 985.101 Taking a child into custody.—
2167 (1) A child may be taken into custody under the following
2168 circumstances:
2169 (d) By a law enforcement officer who has probable cause to
2170 believe that the child is in violation of the conditions of the
2171 child’s probation, supervised release nonsecure detention,
2172 postcommitment probation, or conditional release supervision;
2173 has absconded from nonresidential commitment; or has escaped
2174 from residential commitment.
2175
2176 Nothing in this subsection shall be construed to allow the
2177 detention of a child who does not meet the detention criteria in
2178 part V.
2179 Section 50. Section 901.41, Florida Statutes, is created to
2180 read:
2181 901.41 Prearrest diversion of adults; program.—
2182 (1) LEGISLATIVE INTENT.—The Legislature intends to
2183 encourage local communities and public or private educational
2184 institutions to implement prearrest diversion programs that
2185 afford certain adults who fulfill specified intervention and
2186 community service obligations the opportunity to avoid an arrest
2187 record. The Legislature does not mandate that a particular
2188 prearrest diversion program for adults be adopted, but finds
2189 that the adoption of the model program provided in this section
2190 by local communities and public or private educational
2191 institutions would allow certain adults to avoid an arrest
2192 record, while ensuring that they receive appropriate services
2193 and fulfill their community service obligations. The Legislature
2194 intends that if a community or institution implements a
2195 prearrest diversion program, it share information with other
2196 prearrest diversion programs.
2197 (2) MODEL PREARREST DIVERSION PROGRAM.—The Legislature does
2198 not mandate the adoption of a particular prearrest diversion
2199 program for adults. However, local communities and public or
2200 private educational institutions may adopt a prearrest diversion
2201 program for adults in which:
2202 (a) Law enforcement officers, at their sole discretion, may
2203 issue a civil citation or similar prearrest diversion program
2204 notice to certain adults who commit a qualifying misdemeanor
2205 offense, as specified under subsection (3). A civil citation or
2206 similar prearrest diversion program notice may be issued if the
2207 adult who commits the offense:
2208 1. Admits that he or she committed the offense or does not
2209 contest the offense; and
2210 2. Has not previously been arrested and has not received an
2211 adult civil citation or similar prearrest diversion program
2212 notice, unless the terms of the local adult prearrest diversion
2213 program allows otherwise. If previous program participation is
2214 allowed, the program must establish a limit on the number of
2215 times that an eligible adult may participate.
2216 (b) An adult who receives a civil citation or similar
2217 prearrest diversion program notice shall report for intake as
2218 required by the local prearrest diversion program. Each
2219 participant must be provided appropriate assessment,
2220 intervention, education, and behavioral health care services by
2221 the program and shall perform community service hours as
2222 specified by the program and pay restitution due to the victim.
2223 If the participant does not successfully complete the prearrest
2224 diversion program, the law enforcement officer who issued the
2225 citation or notice must determine whether good cause exists to
2226 arrest him or her for the original misdemeanor offense and, if
2227 the person is arrested, must refer the case to the state
2228 attorney to determine whether prosecution is appropriate or, in
2229 the absence of a finding of good cause, allow the adult to
2230 continue in the program.
2231 (3) PROGRAM DEVELOPMENT; IMPLEMENTATION; OPERATION.—
2232 (a) If a local community or public or private educational
2233 institution elects to develop and implement a prearrest
2234 diversion program, it must involve representatives of
2235 participating law enforcement agencies, a representative of the
2236 program services provider, the public defender, the state
2237 attorney, and the clerk of the circuit court in the coordination
2238 of implementation. These representatives and officials must
2239 adopt policies and procedures that include, but are not limited
2240 to, eligibility criteria, a plan and timeframe for program
2241 implementation and operation, and the determination of the fee,
2242 if any, to be paid by adults participating in the program. In
2243 developing the program’s policies and procedures, which must
2244 include the designation of the misdemeanor offenses that qualify
2245 adults for participation in the program, the representatives
2246 must solicit input from other interested stakeholders. The
2247 program may be operated by an entity such as a law enforcement
2248 agency or a county or municipality, or another entity selected
2249 by the county or municipality.
2250 (b) Upon intake of an adult participating in the prearrest
2251 diversion program, the program operator shall electronically
2252 provide the participant’s personal identifying information to
2253 the clerk of the circuit court for the county in which the
2254 program provides services. The clerk of the circuit court shall
2255 maintain such information in a statewide database, which must
2256 serve as the single point of access for all such information. If
2257 the program imposes a participation fee, the clerk of the
2258 circuit court must receive a reasonable portion, to be
2259 determined by the stakeholders creating the program, for receipt
2260 and maintenance of the required information. The fee shall be
2261 deposited by the clerk of the circuit court into the fine and
2262 forfeiture fund established under s. 142.01.
2263 (4) APPLICABILITY.—This section does not preempt a county
2264 or municipality from enacting noncriminal sanctions for a
2265 violation of an ordinance or other violation, and it does not
2266 preempt a county, a municipality, or a public or private
2267 educational institution from creating its own model for a
2268 prearrest diversion program for adults.
2269 (5) ELIGIBILITY.—A person who commits a violent
2270 misdemeanor, a misdemeanor crime of domestic violence, as
2271 defined in s. 741.28, or a misdemeanor under s. 741.29, s.
2272 741.31, s. 784.046, s. 784.047, s. 784.048, s. 784.0487, or s.
2273 784.049 does not qualify for a civil citation or prearrest
2274 diversion program.
2275 Section 51. Section 943.0582, Florida Statutes, is amended
2276 to read:
2277 943.0582 Prearrest, postarrest, or teen court Diversion
2278 program expunction.—
2279 (1) Notwithstanding any law dealing generally with the
2280 preservation and destruction of public records, the department
2281 shall adopt rules to may provide, by rule adopted pursuant to
2282 chapter 120, for the expunction of a any nonjudicial record of
2283 the arrest of a minor who has successfully completed a prearrest
2284 or postarrest diversion program for a misdemeanor offense minors
2285 as authorized by s. 985.125.
2286 (2)(a) As used in this section, the term:
2287 (a) “Diversion program” means a program under s. 985.12, s.
2288 985.125, s. 985.155, or s. 985.16 or a program to which a
2289 referral is made by a state attorney under s. 985.15.
2290 (b) “Expunction” has the same meaning ascribed in and
2291 effect as s. 943.0585, except that:
2292 1. The provisions of s. 943.0585(4)(a) do not apply, except
2293 that the criminal history record of a person whose record is
2294 expunged pursuant to this section shall be made available only
2295 to criminal justice agencies for the purpose of:
2296 a. Determining eligibility for prearrest, postarrest, or
2297 teen court diversion programs;
2298 b. when the record is sought as part of A criminal
2299 investigation; or
2300 c. Making a prosecutorial decision under s. 985.15 when the
2301 subject of the record is a candidate for employment with a
2302 criminal justice agency. For all other purposes, a person whose
2303 record is expunged under this section may lawfully deny or fail
2304 to acknowledge the arrest and the charge covered by the expunged
2305 record.
2306 2. Records maintained by local criminal justice agencies in
2307 the county in which the arrest occurred that are eligible for
2308 expunction pursuant to this section shall be sealed as the term
2309 is used in s. 943.059.
2310 (b) As used in this section, the term “nonviolent
2311 misdemeanor” includes simple assault or battery when prearrest
2312 or postarrest diversion expunction is approved in writing by the
2313 state attorney for the county in which the arrest occurred.
2314 (3) The department shall expunge the nonjudicial arrest
2315 record of a minor who has successfully completed a prearrest or
2316 postarrest diversion program if that minor:
2317 (a) Submits an application for prearrest or postarrest
2318 diversion expunction, on a form prescribed by the department,
2319 signed by the minor’s parent or legal guardian, or by the minor
2320 if he or she has reached the age of majority at the time of
2321 applying.
2322 (b) Submits to the department, with the application, an
2323 official written statement from the state attorney for the
2324 county in which the arrest occurred certifying that he or she
2325 has successfully completed that county’s prearrest or postarrest
2326 diversion program, that his or her participation in the program
2327 was based on an arrest for a nonviolent misdemeanor, and that he
2328 or she has not otherwise been charged by the state attorney
2329 with, or found to have committed, any criminal offense or
2330 comparable ordinance violation.
2331 (c) Participated in a prearrest or postarrest diversion
2332 program that expressly authorizes or permits such expunction.
2333 (d) Participated in a prearrest or postarrest diversion
2334 program based on an arrest for a nonviolent misdemeanor that
2335 would not qualify as an act of domestic violence as that term is
2336 defined in s. 741.28.
2337 (c)(e) Has never been, before filing the application for
2338 expunction, charged by the state attorney with, or found to have
2339 committed, any criminal offense or comparable ordinance
2340 violation.
2341 (4) The department is authorized to charge a $75 processing
2342 fee for each request received for prearrest or postarrest
2343 diversion program expunction, for placement in the Department of
2344 Law Enforcement Operating Trust Fund, unless such fee is waived
2345 by the executive director.
2346 (4)(5) Expunction or sealing granted under this section
2347 does not prevent the minor who receives such relief from
2348 petitioning for the expunction or sealing of a later criminal
2349 history record as provided for in ss. 943.0583, 943.0585, and
2350 943.059, if the minor is otherwise eligible under those
2351 sections.
2352 Section 52. Section 985.12, Florida Statutes, is amended to
2353 read:
2354 985.12 Civil citation or similar prearrest diversion
2355 programs.—
2356 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
2357 that the creation and implementation of civil citation or
2358 similar prearrest diversion programs at the judicial circuit
2359 level promotes public safety, aids interagency cooperation, and
2360 provides the greatest chance of success for civil citation and
2361 similar prearrest diversion programs. The Legislature further
2362 finds that the widespread use of civil citation and similar
2363 prearrest diversion programs has a positive effect on the
2364 criminal justice system and contributes to an overall reduction
2365 in the crime rate and recidivism in the state. The Legislature
2366 encourages but does not mandate that counties, municipalities,
2367 and public or private educational institutions participate in a
2368 civil citation or similar prearrest diversion program created by
2369 their judicial circuit under this section. There is established
2370 a juvenile civil citation process for the purpose of providing
2371 an efficient and innovative alternative to custody by the
2372 Department of Juvenile Justice for children who commit
2373 nonserious delinquent acts and to ensure swift and appropriate
2374 consequences. The department shall encourage and assist in the
2375 implementation and improvement of civil citation programs or
2376 other similar diversion programs around the state.
2377 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
2378 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION AND OPERATION.—
2379 (a) A The civil citation or similar prearrest diversion
2380 program for misdemeanor offenses shall be established in each
2381 judicial circuit in the state. The at the local level with the
2382 concurrence of the chief judge of the circuit, state attorney
2383 and, public defender of each circuit, the clerk of the court for
2384 each county in the circuit, and representatives of participating
2385 law enforcement agencies in the circuit shall create a civil
2386 citation or similar prearrest diversion program and develop its
2387 policies and procedures. In developing the program’s policies
2388 and procedures, input from other interested stakeholders may be
2389 solicited. The department shall annually develop and provide
2390 guidelines on best practice models for civil citation or similar
2391 prearrest diversion programs to the judicial circuits as a
2392 resource.
2393 (b) Each judicial circuit’s civil citation or similar
2394 prearrest diversion program must specify:
2395 1. The misdemeanor offenses that qualify a juvenile for
2396 participation in the program;
2397 2. The eligibility criteria for the program;
2398 3. The program’s implementation and operation;
2399 4. The program’s requirements, including, but not limited
2400 to, the completion of community service hours, the payment of
2401 restitution, if applicable, and intervention services indicated
2402 by a needs assessment of the juvenile, approved by the
2403 department, such as family counseling, urinalysis monitoring,
2404 and substance abuse and mental health treatment services;
2405 5. A program fee, if any, to be paid by a juvenile
2406 participating in the program. If the program imposes a fee, the
2407 clerk of the court of the applicable county must receive a
2408 reasonable portion of the fee; and
2409 6. That law enforcement officers, at their sole discretion,
2410 may issue a civil citation or similar prearrest diversion
2411 program notice.
2412 (c) The state attorney of each circuit shall operate a
2413 civil citation or similar prearrest diversion program in each
2414 circuit. A sheriff, police department, county, municipality, or
2415 public or private educational institution may continue to
2416 operate an independent civil citation or similar prearrest
2417 diversion program that is in operation as of October 1, 2018, if
2418 the independent program is reviewed by the state attorney of the
2419 applicable circuit and he or she determines that the independent
2420 program is substantially similar to the civil citation or
2421 similar prearrest diversion program developed by the circuit. If
2422 the state attorney determines that the independent program is
2423 not substantially similar to the civil citation or similar
2424 prearrest diversion program developed by the circuit, the
2425 operator of the independent diversion program may revise the
2426 program and the state attorney may conduct an additional review
2427 of the independent program.
2428 (d) A judicial circuit may model an existing sheriff,
2429 police department, county, municipality, or public or private
2430 educational institution’s independent civil citation or similar
2431 prearrest diversion program in developing the civil citation or
2432 similar prearrest diversion program for the circuit.
2433 (e) If a juvenile does not successfully complete the civil
2434 citation or similar prearrest diversion program, the arresting
2435 law enforcement officer shall determine if there is good cause
2436 to arrest the juvenile for the original misdemeanor offense and
2437 refer the case to the state attorney to determine if prosecution
2438 is appropriate or allow the juvenile to continue in the program
2439 and the head of each local law enforcement agency involved. The
2440 program may be operated by an entity such as a law enforcement
2441 agency, the department, a juvenile assessment center, the county
2442 or municipality, or another entity selected by the county or
2443 municipality. An entity operating the civil citation or similar
2444 diversion program must do so in consultation and agreement with
2445 the state attorney and local law enforcement agencies. Under
2446 such a juvenile civil citation or similar diversion program, a
2447 law enforcement officer, upon making contact with a juvenile who
2448 admits having committed a misdemeanor, may choose to issue a
2449 simple warning or inform the child’s guardian or parent of the
2450 child’s infraction, or may issue a civil citation or require
2451 participation in a similar diversion program, and assess up to
2452 50 community service hours, and require participation in
2453 intervention services as indicated by an assessment of the needs
2454 of the juvenile, including family counseling, urinalysis
2455 monitoring, and substance abuse and mental health treatment
2456 services.
2457 (f) A copy of each civil citation or similar prearrest
2458 diversion program notice issued under this section shall be
2459 provided to the department, and the department shall enter
2460 appropriate information into the juvenile offender information
2461 system. Use of the civil citation or similar diversion program
2462 is not limited to first-time misdemeanors and may be used in up
2463 to two subsequent misdemeanors. If an arrest is made, a law
2464 enforcement officer must provide written documentation as to why
2465 an arrest was warranted.
2466 (g) At the conclusion of a juvenile’s civil citation
2467 program or similar prearrest diversion program, the state
2468 attorney or operator of the independent program agency operating
2469 the program shall report the outcome to the department. The
2470 issuance of a civil citation or similar prearrest diversion
2471 program notice is not considered a referral to the department.
2472 (2) The department shall develop guidelines for the civil
2473 citation program which include intervention services that are
2474 based upon proven civil citation or similar diversion programs
2475 within the state.
2476 (h)(3) Upon issuing such a civil citation or similar
2477 prearrest diversion program notice, the law enforcement officer
2478 shall send a copy of to the civil citation or similar prearrest
2479 diversion program notice to county sheriff, state attorney, the
2480 appropriate intake office of the department, or the community
2481 service performance monitor designated by the department, the
2482 parent or guardian of the child, and to the victim.
2483 (4) The child shall report to the community service
2484 performance monitor within 7 working days after the date of
2485 issuance of the citation. The work assignment shall be
2486 accomplished at a rate of not less than 5 hours per week. The
2487 monitor shall advise the intake office immediately upon
2488 reporting by the child to the monitor, that the child has in
2489 fact reported and the expected date upon which completion of the
2490 work assignment will be accomplished.
2491 (5) If the child fails to report timely for a work
2492 assignment, complete a work assignment, or comply with assigned
2493 intervention services within the prescribed time, or if the
2494 juvenile commits a subsequent misdemeanor, the law enforcement
2495 officer shall issue a report alleging the child has committed a
2496 delinquent act, at which point a juvenile probation officer
2497 shall process the original delinquent act as a referral to the
2498 department and refer the report to the state attorney for
2499 review.
2500 (6) At the time of issuance of the citation by the law
2501 enforcement officer, such officer shall advise the child that
2502 the child has the option to refuse the citation and to be
2503 referred to the intake office of the department. That option may
2504 be exercised at any time before completion of the work
2505 assignment.
2506 Section 53. Subsection (3) of section 985.125, Florida
2507 Statutes, is amended to read:
2508 985.125 Prearrest or postarrest diversion programs.—
2509 (3) The prearrest or postarrest diversion program may, upon
2510 agreement of the agencies that establish the program, provide
2511 for the expunction of the nonjudicial arrest record of a minor
2512 who successfully completes such a program pursuant to s.
2513 943.0582.
2514 Section 54. Paragraphs (f) through (j) of subsection (1) of
2515 section 985.145, Florida Statutes, are redesignated as
2516 paragraphs (g) through (k), respectively, and a new paragraph
2517 (f) is added to that subsection, to read:
2518 985.145 Responsibilities of the department during intake;
2519 screenings and assessments.—
2520 (1) The department shall serve as the primary case manager
2521 for the purpose of managing, coordinating, and monitoring the
2522 services provided to the child. Each program administrator
2523 within the Department of Children and Families shall cooperate
2524 with the primary case manager in carrying out the duties and
2525 responsibilities described in this section. In addition to
2526 duties specified in other sections and through departmental
2527 rules, the department shall be responsible for the following:
2528 (f) Prevention web.—For a child who has no prior referral
2529 to the department or no prior or current participation in a
2530 civil citation program, the department shall enter all related
2531 information into the Juvenile Justice Information System
2532 Prevention Web until such time as formal charges are filed. If
2533 formal charges are not filed, the information must remain in the
2534 Juvenile Justice Information System Prevention Web until removed
2535 pursuant to department policies.
2536 Section 55. Section 985.126, Florida Statutes, is created
2537 to read:
2538 985.126 Diversion programs; data collection; denial of
2539 participation or expunged record.—
2540 (1) As used in this section, the term “diversion program”
2541 has the same meaning as provided in s. 943.0582.
2542 (2) Upon issuance of documentation requiring a minor to
2543 participate in a diversion program, before or without an arrest,
2544 the issuing law enforcement officer shall send a copy of such
2545 documentation to the entity designated to operate the diversion
2546 program and to the department, which shall enter such
2547 information into the Juvenile Justice Information System
2548 Prevention Web.
2549 (3)(a) Beginning October 1, 2018, each diversion program
2550 shall submit data to the department which identifies for each
2551 minor participating in the diversion program:
2552 1. The race, ethnicity, gender, and age of that minor.
2553 2. The offense committed, including the specific law
2554 establishing the offense.
2555 3. The judicial circuit and county in which the offense was
2556 committed and the law enforcement agency that had contact with
2557 the minor in connection with the offense.
2558 4. Other demographic information necessary to properly
2559 register a case into the Juvenile Justice Information System
2560 Prevention Web, as specified by the department.
2561 (b) Beginning October 1, 2018, each law enforcement agency
2562 shall submit to the department data that identifies for each
2563 minor who was eligible for a diversion program, but was instead
2564 referred to the department, provided a notice to appear, or
2565 arrested:
2566 1. The data required pursuant to paragraph (a).
2567 2. Information as to whether the minor was offered the
2568 opportunity to participate in a diversion program. If the minor
2569 was:
2570 a. Not offered such opportunity, the reason such offer was
2571 not made.
2572 b. Offered such opportunity, whether the minor or his or
2573 her parent or legal guardian declined to participate in the
2574 diversion program.
2575 (c) The data required pursuant to paragraph (a) shall be
2576 submitted to the department weekly.
2577 (d) The data required pursuant to paragraph (b) shall be
2578 submitted on or with the arrest affidavit or notice to appear.
2579 (4) Beginning January 1, 2019, the department shall compile
2580 and semiannually publish the data required by subsection (3) on
2581 the department’s website in a format that is, at a minimum,
2582 sortable by judicial circuit, county, law enforcement agency,
2583 race, ethnicity, gender, age, and offense committed.
2584 (5) A minor who successfully completes a diversion program
2585 for a first-time misdemeanor offense may lawfully deny or fail
2586 to acknowledge his or her participation in the program and an
2587 expunction of a nonjudicial arrest record under s. 943.0582,
2588 unless the inquiry is made by a criminal justice agency, as
2589 defined in s. 943.045, for a purpose described in s.
2590 943.0582(2)(b)1.
2591 (6) The department shall adopt rules to implement this
2592 section.
2593 Section 56. Effective July 1, 2019, subsections (2), (4),
2594 and (5) of section 985.24, Florida Statutes, are amended to
2595 read:
2596 985.24 Use of detention; prohibitions.—
2597 (2) A child alleged to have committed a delinquent act or
2598 violation of law may not be placed into secure or supervised
2599 release nonsecure detention care for any of the following
2600 reasons:
2601 (a) To allow a parent to avoid his or her legal
2602 responsibility.
2603 (b) To permit more convenient administrative access to the
2604 child.
2605 (c) To facilitate further interrogation or investigation.
2606 (d) Due to a lack of more appropriate facilities.
2607 (4) The department may, within its existing resources,
2608 develop nonsecure, nonresidential evening reporting centers as
2609 an alternative to placing a child in secure detention. Evening
2610 reporting centers may be collocated with a juvenile assessment
2611 center. If established, evening reporting centers shall serve
2612 children and families who are awaiting a child’s court hearing
2613 and, at a minimum, operate during the afternoon and evening
2614 hours to provide a highly structured program of supervision.
2615 Evening reporting centers may also provide academic tutoring,
2616 counseling, family engagement programs, and other activities.
2617 (4)(5) The department shall continue to identify and
2618 develop supervised release detention options alternatives to
2619 secure detention care and shall develop such alternatives and
2620 annually submit them to the Legislature for authorization and
2621 appropriation.
2622 Section 57. Effective July 1, 2019, paragraph (b) of
2623 subsection (2) and subsection (4) of section 985.245, Florida
2624 Statutes, are amended to read:
2625 985.245 Risk assessment instrument.—
2626 (2)
2627 (b) The risk assessment instrument shall take into
2628 consideration, but need not be limited to, pending felony and
2629 misdemeanor offenses, offenses committed pending adjudication,
2630 prior offenses, unlawful possession of a firearm, prior history
2631 of failure to appear, violations of supervision prior offenses,
2632 offenses committed pending adjudication, any unlawful possession
2633 of a firearm, theft of a motor vehicle or possession of a stolen
2634 motor vehicle, and supervision probation status at the time the
2635 child is taken into custody. The risk assessment instrument
2636 shall also take into consideration all statutory mandates for
2637 detention care appropriate aggravating and mitigating
2638 circumstances, and shall be designed to target a narrower
2639 population of children than s. 985.255. The risk assessment
2640 instrument shall also include any information concerning the
2641 child’s history of abuse and neglect. The risk assessment shall
2642 indicate whether detention care is warranted, and, if detention
2643 care is warranted, whether the child should be placed into
2644 secure or supervised release nonsecure detention care.
2645 (4) For a child who is under the supervision of the
2646 department through probation, supervised release nonsecure
2647 detention, conditional release, postcommitment probation, or
2648 commitment and who is charged with committing a new offense, the
2649 risk assessment instrument may be completed and scored based on
2650 the underlying charge for which the child was placed under the
2651 supervision of the department and the new offense.
2652 Section 58. Effective July 1, 2019, paragraph (b) of
2653 subsection (1) of section 985.25, Florida Statutes, is amended
2654 to read:
2655 985.25 Detention intake.—
2656 (1) The department shall receive custody of a child who has
2657 been taken into custody from the law enforcement agency or court
2658 and shall review the facts in the law enforcement report or
2659 probable cause affidavit and make such further inquiry as may be
2660 necessary to determine whether detention care is appropriate.
2661 (b) The department shall base the decision whether to place
2662 the child into detention care on an assessment of risk in
2663 accordance with the risk assessment instrument and procedures
2664 developed by the department under s. 985.245, except that a
2665 child shall be placed in secure detention care until the child’s
2666 detention hearing if the child meets the criteria specified in
2667 s. 985.255(1)(f) or 985.255(1)(j), is charged with possessing or
2668 discharging a firearm on school property in violation of s.
2669 790.115, or has been taken into custody on three or more
2670 separate occasions within a 60-day period.
2671
2672 Under no circumstances shall the department or the state
2673 attorney or law enforcement officer authorize the detention of
2674 any child in a jail or other facility intended or used for the
2675 detention of adults, without an order of the court.
2676 Section 59. Effective July 1, 2019, subsection (1) and
2677 paragraph (a) of subsection (3) of section 985.255, Florida
2678 Statutes, are amended to read:
2679 985.255 Detention criteria; detention hearing.—
2680 (1) Subject to s. 985.25(1), a child taken into custody and
2681 placed into detention care shall be given a hearing within 24
2682 hours after being taken into custody. At the hearing, the court
2683 may order a continued detention status if:
2684 (a) The result of the risk assessment instrument pursuant
2685 to s. 985.245 indicates secure or supervised release detention.
2686 (b) The child is alleged to be an escapee from a
2687 residential commitment program; or an absconder from a
2688 nonresidential commitment program, a probation program, or
2689 conditional release supervision; or is alleged to have escaped
2690 while being lawfully transported to or from a residential
2691 commitment program.
2692 (c)(b) The child is wanted in another jurisdiction for an
2693 offense which, if committed by an adult, would be a felony.
2694 (d)(c) The child is charged with a delinquent act or
2695 violation of law and requests in writing through legal counsel
2696 to be detained for protection from an imminent physical threat
2697 to his or her personal safety.
2698 (d) The child is charged with committing an offense of
2699 domestic violence as defined in s. 741.28 and is detained as
2700 provided in subsection (2).
2701 (e) The child is charged with possession of or discharging
2702 a firearm on school property in violation of s. 790.115 or the
2703 illegal possession of a firearm.
2704 (f) The child is charged with a capital felony, a life
2705 felony, a felony of the first degree, a felony of the second
2706 degree that does not involve a violation of chapter 893, or a
2707 felony of the third degree that is also a crime of violence,
2708 including any such offense involving the use or possession of a
2709 firearm.
2710 (g) The child is charged with any second degree or third
2711 degree felony involving a violation of chapter 893 or any third
2712 degree felony that is not also a crime of violence, and the
2713 child:
2714 1. Has a record of failure to appear at court hearings
2715 after being properly notified in accordance with the Rules of
2716 Juvenile Procedure;
2717 2. Has a record of law violations prior to court hearings;
2718 3. Has already been detained or has been released and is
2719 awaiting final disposition of the case;
2720 4. Has a record of violent conduct resulting in physical
2721 injury to others; or
2722 5. Is found to have been in possession of a firearm.
2723 (h) The child is alleged to have violated the conditions of
2724 the child’s probation or conditional release supervision.
2725 However, a child detained under this paragraph may be held only
2726 in a consequence unit as provided in s. 985.439. If a
2727 consequence unit is not available, the child shall be placed on
2728 nonsecure detention with electronic monitoring.
2729 (e)(i) The child is detained on a judicial order for
2730 failure to appear and has previously willfully failed to appear,
2731 after proper notice:
2732 1. For an adjudicatory hearing on the same case regardless
2733 of the results of the risk assessment instrument; or
2734 2. At two or more court hearings of any nature on the same
2735 case regardless of the results of the risk assessment
2736 instrument.
2737
2738 A child may be held in secure detention for up to 72 hours in
2739 advance of the next scheduled court hearing pursuant to this
2740 paragraph. The child’s failure to keep the clerk of court and
2741 defense counsel informed of a current and valid mailing address
2742 where the child will receive notice to appear at court
2743 proceedings does not provide an adequate ground for excusal of
2744 the child’s nonappearance at the hearings.
2745 (f)(j) The child is a prolific juvenile offender. A child
2746 is a prolific juvenile offender if the child:
2747 1. Is charged with a delinquent act that would be a felony
2748 if committed by an adult;
2749 2. Has been adjudicated or had adjudication withheld for a
2750 felony offense, or delinquent act that would be a felony if
2751 committed by an adult, before the charge under subparagraph 1.;
2752 and
2753 3. In addition to meeting the requirements of subparagraphs
2754 1. and 2., has five or more of any of the following, at least
2755 three of which must have been for felony offenses or delinquent
2756 acts that would have been felonies if committed by an adult:
2757 a. An arrest event for which a disposition, as defined in
2758 s. 985.26, has not been entered;
2759 b. An adjudication; or
2760 c. An adjudication withheld.
2761
2762 As used in this subparagraph, the term “arrest event” means an
2763 arrest or referral for one or more criminal offenses or
2764 delinquent acts arising out of the same episode, act, or
2765 transaction.
2766 (3)(a) The purpose of the detention hearing required under
2767 subsection (1) is to determine the existence of probable cause
2768 that the child has committed the delinquent act or violation of
2769 law that he or she is charged with and the need for continued
2770 detention. Unless a child is detained under paragraph (1)(d) or
2771 paragraph (1)(e), The court shall use the results of the risk
2772 assessment performed by the department and, based on the
2773 criteria in subsection (1), shall determine the need for
2774 continued detention. If the child is a prolific juvenile
2775 offender who is detained under s. 985.26(2)(c), the court shall
2776 use the results of the risk assessment performed by the
2777 department and the criteria in subsection (1) or subsection (2)
2778 only to determine whether the prolific juvenile offender should
2779 be held in secure detention.
2780 Section 60. Paragraph (d) is added to subsection (2) of
2781 section 985.26, Florida Statutes, to read:
2782 985.26 Length of detention.—
2783 (2)
2784 (d) A prolific juvenile offender under s. 985.255(1)(j) who
2785 is taken into custody for a violation of the conditions of his
2786 or her nonsecure detention must be held in secure detention
2787 until a detention hearing is held.
2788 Section 61. Effective July 1, 2019, paragraphs (c) and (d)
2789 of subsection (2) and paragraph (b) of subsection (4) of section
2790 985.26, Florida Statutes, as amended by this act, are amended to
2791 read:
2792 985.26 Length of detention.—
2793 (2)
2794 (c) A prolific juvenile offender under s. 985.255(1)(f)
2795 985.255(1)(j) shall be placed on supervised release nonsecure
2796 detention care with electronic monitoring or in secure detention
2797 care under a special detention order until disposition. If
2798 secure detention care is ordered by the court, it must be
2799 authorized under this part and may not exceed:
2800 1. Twenty-one days unless an adjudicatory hearing for the
2801 case has been commenced in good faith by the court or the period
2802 is extended by the court pursuant to paragraph (b); or
2803 2. Fifteen days after the entry of an order of
2804 adjudication.
2805
2806 As used in this paragraph, the term “disposition” means a
2807 declination to file under s. 985.15(1)(h), the entry of nolle
2808 prosequi for the charges, the filing of an indictment under s.
2809 985.56 or an information under s. 985.557, a dismissal of the
2810 case, or an order of final disposition by the court.
2811 (d) A prolific juvenile offender under s. 985.255(1)(f)
2812 985.255(1)(j) who is taken into custody for a violation of the
2813 conditions of his or her supervised release nonsecure detention
2814 must be held in secure detention until a detention hearing is
2815 held.
2816 (4)
2817 (b) The period for supervised release nonsecure detention
2818 care under this section is tolled on the date that the
2819 department or a law enforcement officer alleges that the child
2820 has violated a condition of the child’s supervised release
2821 nonsecure detention care until the court enters a ruling on the
2822 violation. Notwithstanding the tolling of supervised release
2823 nonsecure detention care, the court retains jurisdiction over
2824 the child for a violation of a condition of supervised release
2825 nonsecure detention care during the tolling period. If the court
2826 finds that a child has violated his or her supervised release
2827 nonsecure detention care, the number of days that the child
2828 served in any type of detention care before commission of the
2829 violation shall be excluded from the time limits under
2830 subsections (2) and (3).
2831 Section 62. Effective July 1, 2019, subsection (1),
2832 paragraph (b) of subsection (3), and paragraph (a) of subsection
2833 (4) of section 985.265, Florida Statutes, are amended to read:
2834 985.265 Detention transfer and release; education; adult
2835 jails.—
2836 (1) If a child is detained under this part, the department
2837 may transfer the child from supervised release nonsecure
2838 detention care to secure detention care only if significantly
2839 changed circumstances warrant such transfer.
2840 (3)
2841 (b) When a juvenile is released from secure detention or
2842 transferred to supervised release nonsecure detention, detention
2843 staff shall immediately notify the appropriate law enforcement
2844 agency, school personnel, and victim if the juvenile is charged
2845 with committing any of the following offenses or attempting to
2846 commit any of the following offenses:
2847 1. Murder, under s. 782.04;
2848 2. Sexual battery, under chapter 794;
2849 3. Stalking, under s. 784.048; or
2850 4. Domestic violence, as defined in s. 741.28.
2851 (4)(a) While a child who is currently enrolled in school is
2852 in supervised release nonsecure detention care, the child shall
2853 continue to attend school unless otherwise ordered by the court.
2854 Section 63. Effective July 1, 2019, paragraph (b) of
2855 subsection (1) of section 985.35, Florida Statutes, is amended
2856 to read:
2857 985.35 Adjudicatory hearings; withheld adjudications;
2858 orders of adjudication.—
2859 (1)
2860 (b) If the child is a prolific juvenile offender under s.
2861 985.255(1)(f) 985.255(1)(j), the adjudicatory hearing must be
2862 held within 45 days after the child is taken into custody unless
2863 a delay is requested by the child.
2864 Section 64. Effective July 1, 2019, subsections (2) and (4)
2865 of section 985.439, Florida Statutes, are amended to read:
2866 985.439 Violation of probation or postcommitment
2867 probation.—
2868 (2) A child taken into custody under s. 985.101 for
2869 violating the conditions of probation shall be screened and
2870 detained or released based on his or her risk assessment
2871 instrument score or postcommitment probation shall be held in a
2872 consequence unit if such a unit is available. The child shall be
2873 afforded a hearing within 24 hours after being taken into
2874 custody to determine the existence of probable cause that the
2875 child violated the conditions of probation or postcommitment
2876 probation. A consequence unit is a secure facility specifically
2877 designated by the department for children who are taken into
2878 custody under s. 985.101 for violating probation or
2879 postcommitment probation, or who have been found by the court to
2880 have violated the conditions of probation or postcommitment
2881 probation. If the violation involves a new charge of
2882 delinquency, the child may be detained under part V in a
2883 facility other than a consequence unit. If the child is not
2884 eligible for detention for the new charge of delinquency, the
2885 child may be held in the consequence unit pending a hearing and
2886 is subject to the time limitations specified in part V.
2887 (4) Upon the child’s admission, or if the court finds after
2888 a hearing that the child has violated the conditions of
2889 probation or postcommitment probation, the court shall enter an
2890 order revoking, modifying, or continuing probation or
2891 postcommitment probation. In each such case, the court shall
2892 enter a new disposition order and, in addition to the sanctions
2893 set forth in this section, may impose any sanction the court
2894 could have imposed at the original disposition hearing. If the
2895 child is found to have violated the conditions of probation or
2896 postcommitment probation, the court may:
2897 (a) Place the child in a consequence unit in that judicial
2898 circuit, if available, for up to 5 days for a first violation
2899 and up to 15 days for a second or subsequent violation.
2900 (a)(b) Place the child in supervised release nonsecure
2901 detention with electronic monitoring. However, this sanction may
2902 be used only if a residential consequence unit is not available.
2903 (b)(c) If the violation of probation is technical in nature
2904 and not a new violation of law, place the child in an
2905 alternative consequence program designed to provide swift and
2906 appropriate consequences to any further violations of probation.
2907 1. Alternative consequence programs shall be established,
2908 within existing resources, at the local level in coordination
2909 with law enforcement agencies, the chief judge of the circuit,
2910 the state attorney, and the public defender.
2911 2. Alternative consequence programs may be operated by an
2912 entity such as a law enforcement agency, the department, a
2913 juvenile assessment center, a county or municipality, or another
2914 entity selected by the department.
2915 3. Upon placing a child in an alternative consequence
2916 program, the court must approve specific consequences for
2917 specific violations of the conditions of probation.
2918 (c)(d) Modify or continue the child’s probation program or
2919 postcommitment probation program.
2920 (d)(e) Revoke probation or postcommitment probation and
2921 commit the child to the department.
2922 Section 65. Effective July 1, 2019, paragraph (a) of
2923 subsection (9) of section 985.601, Florida Statutes, is amended
2924 to read:
2925 985.601 Administering the juvenile justice continuum.—
2926 (9)(a) The department shall operate a statewide, regionally
2927 administered system of detention services for children, in
2928 accordance with a comprehensive plan for the regional
2929 administration of all detention services in the state. The plan
2930 must provide for the maintenance of adequate availability of
2931 detention services for all counties. The plan must cover all the
2932 department’s operating circuits, with each operating circuit
2933 having access to a secure facility and supervised release
2934 nonsecure detention programs, and the plan may be altered or
2935 modified by the Department of Juvenile Justice as necessary.
2936 Section 66. Subsections (3) and (7) of section 985.672,
2937 Florida Statutes, are amended to read:
2938 985.672 Direct-support organization; definition; use of
2939 property; board of directors; audit.—
2940 (3) BOARD OF DIRECTORS.—The Secretary of Juvenile Justice
2941 shall appoint a board of directors of the direct-support
2942 organization. The board members shall be appointed according to
2943 the organization’s bylaws Members of the organization must
2944 include representatives from businesses, representatives from
2945 each of the juvenile justice service districts, and one
2946 representative appointed at large.
2947 (7) REPEAL.—This section is repealed October 1, 2018,
2948 unless reviewed and saved from repeal by the Legislature.
2949 Section 67. Paragraphs (b), (e), and (f) of subsection (3)
2950 of section 921.0022, Florida Statutes, are amended to read:
2951 921.0022 Criminal Punishment Code; offense severity ranking
2952 chart.—
2953 (3) OFFENSE SEVERITY RANKING CHART
2954 (b) LEVEL 2
2955
2956 FloridaStatute FelonyDegree Description
2957 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
2958 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
2959 403.413(6)(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.
2960 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
2961 590.28(1) 3rd Intentional burning of lands.
2962 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
2963 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
2964 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
2965 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
2966 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
2967 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $1,000 $300 or more but less than $5,000.
2968 812.014(2)(d) 3rd Grand theft, 3rd degree; $1,000 $100 or more but less than $5,000 $300, taken from unenclosed curtilage of dwelling.
2969 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
2970 817.234(1)(a)2. 3rd False statement in support of insurance claim.
2971 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
2972 817.52(3) 3rd Failure to redeliver hired vehicle.
2973 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
2974 817.60(5) 3rd Dealing in credit cards of another.
2975 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
2976 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
2977 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
2978 831.01 3rd Forgery.
2979 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
2980 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
2981 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
2982 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
2983 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
2984 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
2985 843.08 3rd False personation.
2986 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.
2987 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
2988
2989 (e) LEVEL 5
2990
2991 FloridaStatute FelonyDegree Description
2992 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
2993 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
2994 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
2995 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
2996 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
2997 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
2998 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
2999 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
3000 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
3001 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
3002 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
3003 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
3004 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
3005 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
3006 790.01(2) 3rd Carrying a concealed firearm.
3007 790.162 2nd Threat to throw or discharge destructive device.
3008 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
3009 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
3010 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
3011 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
3012 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
3013 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
3014 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
3015 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
3016 812.015(8) 3rd Retail theft; property stolen is valued at $1,000 $300 or more and one or more specified acts.
3017 812.019(1) 2nd Stolen property; dealing in or trafficking in.
3018 812.131(2)(b) 3rd Robbery by sudden snatching.
3019 812.16(2) 3rd Owning, operating, or conducting a chop shop.
3020 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
3021 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
3022 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
3023 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
3024 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
3025 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
3026 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
3027 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
3028 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
3029 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
3030 843.01 3rd Resist officer with violence to person; resist arrest with violence.
3031 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
3032 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
3033 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
3034 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
3035 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
3036 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
3037 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
3038 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
3039 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.
3040 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
3041 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
3042 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
3043
3044 (f) LEVEL 6
3045
3046 FloridaStatute FelonyDegree Description
3047 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
3048 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
3049 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
3050 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
3051 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
3052 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
3053 775.0875(1) 3rd Taking firearm from law enforcement officer.
3054 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
3055 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
3056 784.041 3rd Felony battery; domestic battery by strangulation.
3057 784.048(3) 3rd Aggravated stalking; credible threat.
3058 784.048(5) 3rd Aggravated stalking of person under 16.
3059 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
3060 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
3061 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
3062 784.081(2) 2nd Aggravated assault on specified official or employee.
3063 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
3064 784.083(2) 2nd Aggravated assault on code inspector.
3065 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
3066 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
3067 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
3068 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
3069 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
3070 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
3071 794.05(1) 2nd Unlawful sexual activity with specified minor.
3072 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
3073 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
3074 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
3075 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
3076 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
3077 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
3078 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
3079 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
3080 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
3081 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
3082 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
3083 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
3084 825.102(1) 3rd Abuse of an elderly person or disabled adult.
3085 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
3086 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
3087 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
3088 827.03(2)(c) 3rd Abuse of a child.
3089 827.03(2)(d) 3rd Neglect of a child.
3090 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
3091 836.05 2nd Threats; extortion.
3092 836.10 2nd Written threats to kill or do bodily injury.
3093 843.12 3rd Aids or assists person to escape.
3094 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
3095 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
3096 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
3097 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
3098 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
3099 944.40 2nd Escapes.
3100 944.46 3rd Harboring, concealing, aiding escaped prisoners.
3101 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
3102 951.22 (1)(h)-(k)951.22(1) 3rd Introduction of contraband into county detention facility Intoxicating drug, firearm, or weapon introduced into county facility.
3103
3104 Section 68. Paragraph (a) of subsection (1) and paragraph
3105 (c) of subsection (2) of section 985.557, Florida Statutes, are
3106 amended to read:
3107 985.557 Direct filing of an information; discretionary and
3108 mandatory criteria.—
3109 (1) DISCRETIONARY DIRECT FILE.—
3110 (a) With respect to any child who was 14 or 15 years of age
3111 at the time the alleged offense was committed, the state
3112 attorney may file an information when in the state attorney’s
3113 judgment and discretion the public interest requires that adult
3114 sanctions be considered or imposed and when the offense charged
3115 is for the commission of, attempt to commit, or conspiracy to
3116 commit:
3117 1. Arson;
3118 2. Sexual battery;
3119 3. Robbery;
3120 4. Kidnapping;
3121 5. Aggravated child abuse;
3122 6. Aggravated assault;
3123 7. Aggravated stalking;
3124 8. Murder;
3125 9. Manslaughter;
3126 10. Unlawful throwing, placing, or discharging of a
3127 destructive device or bomb;
3128 11. Armed burglary in violation of s. 810.02(2)(b) or
3129 specified burglary of a dwelling or structure in violation of s.
3130 810.02(2)(c), or burglary with an assault or battery in
3131 violation of s. 810.02(2)(a);
3132 12. Aggravated battery;
3133 13. Any lewd or lascivious offense committed upon or in the
3134 presence of a person less than 16 years of age;
3135 14. Carrying, displaying, using, threatening, or attempting
3136 to use a weapon or firearm during the commission of a felony;
3137 15. Grand theft in violation of s. 812.014(2)(a);
3138 16. Possessing or discharging any weapon or firearm on
3139 school property in violation of s. 790.115;
3140 17. Home invasion robbery;
3141 18. Carjacking; or
3142 19. Grand theft of a motor vehicle in violation of s.
3143 812.014(2)(c)5. s. 812.014(2)(c)6. or grand theft of a motor
3144 vehicle valued at $20,000 or more in violation of s.
3145 812.014(2)(b) if the child has a previous adjudication for grand
3146 theft of a motor vehicle in violation of s. 812.014(2)(c)5. s.
3147 812.014(2)(c)6. or s. 812.014(2)(b).
3148 (2) MANDATORY DIRECT FILE.—
3149 (c) The state attorney must file an information if a child,
3150 regardless of the child’s age at the time the alleged offense
3151 was committed, is alleged to have committed an act that would be
3152 a violation of law if the child were an adult, that involves
3153 stealing a motor vehicle, including, but not limited to, a
3154 violation of s. 812.133, relating to carjacking, or s.
3155 812.014(2)(c)5. s. 812.014(2)(c)6., relating to grand theft of a
3156 motor vehicle, and while the child was in possession of the
3157 stolen motor vehicle the child caused serious bodily injury to
3158 or the death of a person who was not involved in the underlying
3159 offense. For purposes of this section, the driver and all
3160 willing passengers in the stolen motor vehicle at the time such
3161 serious bodily injury or death is inflicted shall also be
3162 subject to mandatory transfer to adult court. “Stolen motor
3163 vehicle,” for the purposes of this section, means a motor
3164 vehicle that has been the subject of any criminal wrongful
3165 taking. For purposes of this section, “willing passengers” means
3166 all willing passengers who have participated in the underlying
3167 offense.
3168 Section 69. For the purpose of incorporating the amendment
3169 made by this act to section 812.014, Florida Statutes, in a
3170 reference thereto, subsection (10) of section 95.18, Florida
3171 Statutes, is reenacted to read:
3172 95.18 Real property actions; adverse possession without
3173 color of title.—
3174 (10) A person who occupies or attempts to occupy a
3175 residential structure solely by claim of adverse possession
3176 under this section and offers the property for lease to another
3177 commits theft under s. 812.014.
3178 Section 70. For the purpose of incorporating the amendment
3179 made by this act to section 812.014, Florida Statutes, in a
3180 reference thereto, paragraph (c) of subsection (3) of section
3181 373.6055, Florida Statutes, is reenacted to read:
3182 373.6055 Criminal history checks for certain water
3183 management district employees and others.—
3184 (3)
3185 (c) In addition to other requirements for employment or
3186 access established by any water management district pursuant to
3187 its water management district’s security plan for buildings,
3188 facilities, and structures, each water management district’s
3189 security plan shall provide that:
3190 1. Any person who has within the past 7 years been
3191 convicted, regardless of whether adjudication was withheld, for
3192 a forcible felony as defined in s. 776.08; an act of terrorism
3193 as defined in s. 775.30; planting of a hoax bomb as provided in
3194 s. 790.165; any violation involving the manufacture, possession,
3195 sale, delivery, display, use, or attempted or threatened use of
3196 a weapon of mass destruction or hoax weapon of mass destruction
3197 as provided in s. 790.166; dealing in stolen property; any
3198 violation of s. 893.135; any violation involving the sale,
3199 manufacturing, delivery, or possession with intent to sell,
3200 manufacture, or deliver a controlled substance; burglary;
3201 robbery; any felony violation of s. 812.014; any violation of s.
3202 790.07; any crime an element of which includes use or possession
3203 of a firearm; any conviction for any similar offenses under the
3204 laws of another jurisdiction; or conviction for conspiracy to
3205 commit any of the listed offenses may not be qualified for
3206 initial employment within or authorized regular access to
3207 buildings, facilities, or structures defined in the water
3208 management district’s security plan as restricted access areas.
3209 2. Any person who has at any time been convicted of any of
3210 the offenses listed in subparagraph 1. may not be qualified for
3211 initial employment within or authorized regular access to
3212 buildings, facilities, or structures defined in the water
3213 management district’s security plan as restricted access areas
3214 unless, after release from incarceration and any supervision
3215 imposed as a sentence, the person remained free from a
3216 subsequent conviction, regardless of whether adjudication was
3217 withheld, for any of the listed offenses for a period of at
3218 least 7 years prior to the employment or access date under
3219 consideration.
3220 Section 71. For the purpose of incorporating the amendment
3221 made by this act to section 812.014, Florida Statutes, in a
3222 reference thereto, subsection (3) of section 400.9935, Florida
3223 Statutes, is reenacted to read:
3224 400.9935 Clinic responsibilities.—
3225 (3) A charge or reimbursement claim made by or on behalf of
3226 a clinic that is required to be licensed under this part but
3227 that is not so licensed, or that is otherwise operating in
3228 violation of this part, regardless of whether a service is
3229 rendered or whether the charge or reimbursement claim is paid,
3230 is an unlawful charge and is noncompensable and unenforceable. A
3231 person who knowingly makes or causes to be made an unlawful
3232 charge commits theft within the meaning of and punishable as
3233 provided in s. 812.014.
3234 Section 72. For the purpose of incorporating the amendment
3235 made by this act to section 812.014, Florida Statutes, in a
3236 reference thereto, paragraph (g) of subsection (17) of section
3237 409.910, Florida Statutes, is reenacted to read:
3238 409.910 Responsibility for payments on behalf of Medicaid
3239 eligible persons when other parties are liable.—
3240 (17)
3241 (g) The agency may investigate and request appropriate
3242 officers or agencies of the state to investigate suspected
3243 criminal violations or fraudulent activity related to third
3244 party benefits, including, without limitation, ss. 414.39 and
3245 812.014. Such requests may be directed, without limitation, to
3246 the Medicaid Fraud Control Unit of the Office of the Attorney
3247 General or to any state attorney. Pursuant to s. 409.913, the
3248 Attorney General has primary responsibility to investigate and
3249 control Medicaid fraud.
3250 Section 73. For the purpose of incorporating the amendment
3251 made by this act to section 812.014, Florida Statutes, in a
3252 reference thereto, subsection (4) of section 489.126, Florida
3253 Statutes, is reenacted to read:
3254 489.126 Moneys received by contractors.—
3255 (4) Any person who violates any provision of this section
3256 is guilty of theft and shall be prosecuted and punished under s.
3257 812.014.
3258 Section 74. For the purpose of incorporating the amendment
3259 made by this act to section 812.015, Florida Statutes, in a
3260 reference thereto, subsection (5) of section 538.09, Florida
3261 Statutes, is reenacted to read:
3262 538.09 Registration.—
3263 (5) In addition to the fine provided in subsection (4),
3264 registration under this section may be denied or any
3265 registration granted may be revoked, restricted, or suspended by
3266 the department if the department determines that the applicant
3267 or registrant:
3268 (a) Has violated any provision of this chapter or any rule
3269 or order made pursuant to this chapter;
3270 (b) Has made a material false statement in the application
3271 for registration;
3272 (c) Has been guilty of a fraudulent act in connection with
3273 any purchase or sale or has been or is engaged in or is about to
3274 engage in any practice, purchase, or sale which is fraudulent or
3275 in violation of the law;
3276 (d) Has made a misrepresentation or false statement to, or
3277 concealed any essential or material fact from, any person in
3278 making any purchase or sale;
3279 (e) Is making purchases or sales through any business
3280 associate not registered in compliance with the provisions of
3281 this chapter;
3282 (f) Has, within the preceding 10-year period for new
3283 registrants who apply for registration on or after October 1,
3284 2006, been convicted of, or has entered a plea of guilty or nolo
3285 contendere to, or had adjudication withheld for, a crime against
3286 the laws of this state or any other state or of the United
3287 States which relates to registration as a secondhand dealer or
3288 which involves theft, larceny, dealing in stolen property,
3289 receiving stolen property, burglary, embezzlement, obtaining
3290 property by false pretenses, possession of altered property, any
3291 felony drug offense, any violation of s. 812.015, or any
3292 fraudulent dealing;
3293 (g) Has had a final judgment entered against her or him in
3294 a civil action upon grounds of fraud, embezzlement,
3295 misrepresentation, or deceit; or
3296 (h) Has failed to pay any sales tax owed to the Department
3297 of Revenue.
3298
3299 In the event the department determines to deny an application or
3300 revoke a registration, it shall enter a final order with its
3301 findings on the register of secondhand dealers and their
3302 business associates, if any; and denial, suspension, or
3303 revocation of the registration of a secondhand dealer shall also
3304 deny, suspend, or revoke the registration of such secondhand
3305 dealer’s business associates.
3306 Section 75. For the purpose of incorporating the amendment
3307 made by this act to section 812.014, Florida Statutes, in a
3308 reference thereto, subsection (2) of section 538.23, Florida
3309 Statutes, is reenacted to read:
3310 538.23 Violations and penalties.—
3311 (2) A secondary metals recycler is presumed to know upon
3312 receipt of stolen regulated metals property in a purchase
3313 transaction that the regulated metals property has been stolen
3314 from another if the secondary metals recycler knowingly and
3315 intentionally fails to maintain the information required in s.
3316 538.19 and shall, upon conviction of a violation of s. 812.015,
3317 be punished as provided in s. 812.014(2) or (3).
3318 Section 76. For the purpose of incorporating the amendment
3319 made by this act to section 812.014, Florida Statutes, in a
3320 reference thereto, subsection (10) of section 550.6305, Florida
3321 Statutes, is reenacted to read:
3322 550.6305 Intertrack wagering; guest track payments;
3323 accounting rules.—
3324 (10) All races or games conducted at a permitholder’s
3325 facility, all broadcasts of such races or games, and all
3326 broadcast rights relating thereto are owned by the permitholder
3327 at whose facility such races or games are conducted and
3328 constitute the permitholder’s property as defined in s.
3329 812.012(4). Transmission, reception of a transmission,
3330 exhibition, use, or other appropriation of such races or games,
3331 broadcasts of such races or games, or broadcast rights relating
3332 thereto without the written consent of the permitholder
3333 constitutes a theft of such property under s. 812.014; and in
3334 addition to the penal sanctions contained in s. 812.014, the
3335 permitholder has the right to avail itself of the civil remedies
3336 specified in ss. 772.104, 772.11, and 812.035 in addition to any
3337 other remedies available under applicable state or federal law.
3338 Section 77. For the purpose of incorporating the amendment
3339 made by this act to section 812.014, Florida Statutes, in a
3340 reference thereto, subsection (2) of section 634.319, Florida
3341 Statutes, is reenacted to read:
3342 634.319 Reporting and accounting for funds.—
3343 (2) Any sales representative who, not being entitled
3344 thereto, diverts or appropriates such funds or any portion
3345 thereof to her or his own use is, upon conviction, guilty of
3346 theft, punishable as provided in s. 812.014.
3347 Section 78. For the purpose of incorporating the amendment
3348 made by this act to section 812.014, Florida Statutes, in a
3349 reference thereto, subsection (2) of section 634.421, Florida
3350 Statutes, is reenacted to read:
3351 634.421 Reporting and accounting for funds.—
3352 (2) Any sales representative who, not being entitled
3353 thereto, diverts or appropriates funds or any portion thereof to
3354 her or his own use commits theft as provided in s. 812.014.
3355 Section 79. For the purpose of incorporating the amendment
3356 made by this act to section 812.014, Florida Statutes, in a
3357 reference thereto, subsection (3) of section 636.238, Florida
3358 Statutes, is reenacted to read:
3359 636.238 Penalties for violation of this part.—
3360 (3) A person who collects fees for purported membership in
3361 a discount plan but purposefully fails to provide the promised
3362 benefits commits a theft, punishable as provided in s. 812.014.
3363 Section 80. For the purpose of incorporating the amendment
3364 made by this act to section 812.014, Florida Statutes, in a
3365 reference thereto, subsection (2) of section 642.038, Florida
3366 Statutes, is reenacted to read:
3367 642.038 Reporting and accounting for funds.—
3368 (2) Any sales representative who, not being entitled
3369 thereto, diverts or appropriates such funds or any portion
3370 thereof to his or her own use commits theft as provided in s.
3371 812.014.
3372 Section 81. For the purpose of incorporating the amendment
3373 made by this act to section 812.014, Florida Statutes, in a
3374 reference thereto, subsection (4) of section 705.102, Florida
3375 Statutes, is reenacted to read:
3376 705.102 Reporting lost or abandoned property.—
3377 (4) Any person who unlawfully appropriates such lost or
3378 abandoned property to his or her own use or refuses to deliver
3379 such property when required commits theft as defined in s.
3380 812.014, punishable as provided in s. 775.082, s. 775.083, or s.
3381 775.084.
3382 Section 82. For the purpose of incorporating the amendment
3383 made by this act to section 812.014, Florida Statutes, in a
3384 reference thereto, paragraph (d) of subsection (1) of section
3385 718.111, Florida Statutes, is reenacted to read:
3386 718.111 The association.—
3387 (1) CORPORATE ENTITY.—
3388 (d) As required by s. 617.0830, an officer, director, or
3389 agent shall discharge his or her duties in good faith, with the
3390 care an ordinarily prudent person in a like position would
3391 exercise under similar circumstances, and in a manner he or she
3392 reasonably believes to be in the interests of the association.
3393 An officer, director, or agent shall be liable for monetary
3394 damages as provided in s. 617.0834 if such officer, director, or
3395 agent breached or failed to perform his or her duties and the
3396 breach of, or failure to perform, his or her duties constitutes
3397 a violation of criminal law as provided in s. 617.0834;
3398 constitutes a transaction from which the officer or director
3399 derived an improper personal benefit, either directly or
3400 indirectly; or constitutes recklessness or an act or omission
3401 that was in bad faith, with malicious purpose, or in a manner
3402 exhibiting wanton and willful disregard of human rights, safety,
3403 or property. Forgery of a ballot envelope or voting certificate
3404 used in a condominium association election is punishable as
3405 provided in s. 831.01, the theft or embezzlement of funds of a
3406 condominium association is punishable as provided in s. 812.014,
3407 and the destruction of or the refusal to allow inspection or
3408 copying of an official record of a condominium association that
3409 is accessible to unit owners within the time periods required by
3410 general law in furtherance of any crime is punishable as
3411 tampering with physical evidence as provided in s. 918.13 or as
3412 obstruction of justice as provided in chapter 843. An officer or
3413 director charged by information or indictment with a crime
3414 referenced in this paragraph must be removed from office, and
3415 the vacancy shall be filled as provided in s. 718.112(2)(d)2.
3416 until the end of the officer’s or director’s period of
3417 suspension or the end of his or her term of office, whichever
3418 occurs first. If a criminal charge is pending against the
3419 officer or director, he or she may not be appointed or elected
3420 to a position as an officer or a director of any association and
3421 may not have access to the official records of any association,
3422 except pursuant to a court order. However, if the charges are
3423 resolved without a finding of guilt, the officer or director
3424 must be reinstated for the remainder of his or her term of
3425 office, if any.
3426 Section 83. For the purpose of incorporating the amendment
3427 made by this act to section 812.014, Florida Statutes, in a
3428 reference thereto, subsection (2) of section 812.015, Florida
3429 Statutes, is reenacted to read:
3430 812.015 Retail and farm theft; transit fare evasion;
3431 mandatory fine; alternative punishment; detention and arrest;
3432 exemption from liability for false arrest; resisting arrest;
3433 penalties.—
3434 (2) Upon a second or subsequent conviction for petit theft
3435 from a merchant, farmer, or transit agency, the offender shall
3436 be punished as provided in s. 812.014(3), except that the court
3437 shall impose a fine of not less than $50 or more than $1,000.
3438 However, in lieu of such fine, the court may require the
3439 offender to perform public services designated by the court. In
3440 no event shall any such offender be required to perform fewer
3441 than the number of hours of public service necessary to satisfy
3442 the fine assessed by the court, as provided by this subsection,
3443 at the minimum wage prevailing in the state at the time of
3444 sentencing.
3445 Section 84. For the purpose of incorporating the amendment
3446 made by this act to section 812.014, Florida Statutes, in
3447 references thereto, subsections (1) and (2) of section 812.0155,
3448 Florida Statutes, are reenacted to read:
3449 812.0155 Suspension of driver license following an
3450 adjudication of guilt for theft.—
3451 (1) Except as provided in subsections (2) and (3), the
3452 court may order the suspension of the driver license of each
3453 person adjudicated guilty of any misdemeanor violation of s.
3454 812.014 or s. 812.015, regardless of the value of the property
3455 stolen. Upon ordering the suspension of the driver license of
3456 the person adjudicated guilty, the court shall forward the
3457 driver license of the person adjudicated guilty to the
3458 Department of Highway Safety and Motor Vehicles in accordance
3459 with s. 322.25.
3460 (a) The first suspension of a driver license under this
3461 subsection shall be for a period of up to 6 months.
3462 (b) A second or subsequent suspension of a driver license
3463 under this subsection shall be for 1 year.
3464 (2) The court may revoke, suspend, or withhold issuance of
3465 a driver license of a person less than 18 years of age who
3466 violates s. 812.014 or s. 812.015 as an alternative to
3467 sentencing the person to:
3468 (a) Probation as defined in s. 985.03 or commitment to the
3469 Department of Juvenile Justice, if the person is adjudicated
3470 delinquent for such violation and has not previously been
3471 convicted of or adjudicated delinquent for any criminal offense,
3472 regardless of whether adjudication was withheld.
3473 (b) Probation as defined in s. 985.03, commitment to the
3474 Department of Juvenile Justice, probation as defined in chapter
3475 948, community control, or incarceration, if the person is
3476 convicted as an adult of such violation and has not previously
3477 been convicted of or adjudicated delinquent for any criminal
3478 offense, regardless of whether adjudication was withheld.
3479 Section 85. For the purpose of incorporating the amendment
3480 made by this act to section 812.014, Florida Statutes, in
3481 references thereto, subsections (4), (7), and (8) of section
3482 812.14, Florida Statutes, are reenacted to read:
3483 812.14 Trespass and larceny with relation to utility
3484 fixtures; theft of utility services.—
3485 (4) A person who willfully violates subsection (2) commits
3486 theft, punishable as provided in s. 812.014.
3487 (7) An owner, lessor, or sublessor who willfully violates
3488 subsection (5) commits a misdemeanor of the first degree,
3489 punishable as provided in s. 775.082 or s. 775.083. Prosecution
3490 for a violation of subsection (5) does not preclude prosecution
3491 for theft pursuant to subsection (8) or s. 812.014.
3492 (8) Theft of utility services for the purpose of
3493 facilitating the manufacture of a controlled substance is theft,
3494 punishable as provided in s. 812.014.
3495 Section 86. For the purpose of incorporating the amendment
3496 made by this act to section 812.014, Florida Statutes, in a
3497 reference thereto, subsection (3) of section 893.138, Florida
3498 Statutes, is reenacted to read:
3499 893.138 Local administrative action to abate drug-related,
3500 prostitution-related, or stolen-property-related public
3501 nuisances and criminal gang activity.—
3502 (3) Any pain-management clinic, as described in s. 458.3265
3503 or s. 459.0137, which has been used on more than two occasions
3504 within a 6-month period as the site of a violation of:
3505 (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
3506 relating to assault and battery;
3507 (b) Section 810.02, relating to burglary;
3508 (c) Section 812.014, relating to theft;
3509 (d) Section 812.131, relating to robbery by sudden
3510 snatching; or
3511 (e) Section 893.13, relating to the unlawful distribution
3512 of controlled substances,
3513
3514 may be declared to be a public nuisance, and such nuisance may
3515 be abated pursuant to the procedures provided in this section.
3516 Section 87. For the purpose of incorporating the amendment
3517 made by this act to section 812.014, Florida Statutes, in a
3518 reference thereto, paragraph (b) of subsection (3) of section
3519 943.051, Florida Statutes, is reenacted to read:
3520 943.051 Criminal justice information; collection and
3521 storage; fingerprinting.—
3522 (3)
3523 (b) A minor who is charged with or found to have committed
3524 the following offenses shall be fingerprinted and the
3525 fingerprints shall be submitted electronically to the
3526 department, unless the minor is issued a civil citation pursuant
3527 to s. 985.12:
3528 1. Assault, as defined in s. 784.011.
3529 2. Battery, as defined in s. 784.03.
3530 3. Carrying a concealed weapon, as defined in s. 790.01(1).
3531 4. Unlawful use of destructive devices or bombs, as defined
3532 in s. 790.1615(1).
3533 5. Neglect of a child, as defined in s. 827.03(1)(e).
3534 6. Assault or battery on a law enforcement officer, a
3535 firefighter, or other specified officers, as defined in s.
3536 784.07(2)(a) and (b).
3537 7. Open carrying of a weapon, as defined in s. 790.053.
3538 8. Exposure of sexual organs, as defined in s. 800.03.
3539 9. Unlawful possession of a firearm, as defined in s.
3540 790.22(5).
3541 10. Petit theft, as defined in s. 812.014(3).
3542 11. Cruelty to animals, as defined in s. 828.12(1).
3543 12. Arson, as defined in s. 806.031(1).
3544 13. Unlawful possession or discharge of a weapon or firearm
3545 at a school-sponsored event or on school property, as provided
3546 in s. 790.115.
3547 Section 88. For the purpose of incorporating the amendment
3548 made by this act to section 812.014, Florida Statutes, in a
3549 reference thereto, paragraph (b) of subsection (1) of section
3550 985.11, Florida Statutes, is reenacted to read:
3551 985.11 Fingerprinting and photographing.—
3552 (1)
3553 (b) Unless the child is issued a civil citation or is
3554 participating in a similar diversion program pursuant to s.
3555 985.12, a child who is charged with or found to have committed
3556 one of the following offenses shall be fingerprinted, and the
3557 fingerprints shall be submitted to the Department of Law
3558 Enforcement as provided in s. 943.051(3)(b):
3559 1. Assault, as defined in s. 784.011.
3560 2. Battery, as defined in s. 784.03.
3561 3. Carrying a concealed weapon, as defined in s. 790.01(1).
3562 4. Unlawful use of destructive devices or bombs, as defined
3563 in s. 790.1615(1).
3564 5. Neglect of a child, as defined in s. 827.03(1)(e).
3565 6. Assault on a law enforcement officer, a firefighter, or
3566 other specified officers, as defined in s. 784.07(2)(a).
3567 7. Open carrying of a weapon, as defined in s. 790.053.
3568 8. Exposure of sexual organs, as defined in s. 800.03.
3569 9. Unlawful possession of a firearm, as defined in s.
3570 790.22(5).
3571 10. Petit theft, as defined in s. 812.014.
3572 11. Cruelty to animals, as defined in s. 828.12(1).
3573 12. Arson, resulting in bodily harm to a firefighter, as
3574 defined in s. 806.031(1).
3575 13. Unlawful possession or discharge of a weapon or firearm
3576 at a school-sponsored event or on school property as defined in
3577 s. 790.115.
3578
3579 A law enforcement agency may fingerprint and photograph a child
3580 taken into custody upon probable cause that such child has
3581 committed any other violation of law, as the agency deems
3582 appropriate. Such fingerprint records and photographs shall be
3583 retained by the law enforcement agency in a separate file, and
3584 these records and all copies thereof must be marked “Juvenile
3585 Confidential.” These records are not available for public
3586 disclosure and inspection under s. 119.07(1) except as provided
3587 in ss. 943.053 and 985.04(2), but shall be available to other
3588 law enforcement agencies, criminal justice agencies, state
3589 attorneys, the courts, the child, the parents or legal
3590 custodians of the child, their attorneys, and any other person
3591 authorized by the court to have access to such records. In
3592 addition, such records may be submitted to the Department of Law
3593 Enforcement for inclusion in the state criminal history records
3594 and used by criminal justice agencies for criminal justice
3595 purposes. These records may, in the discretion of the court, be
3596 open to inspection by anyone upon a showing of cause. The
3597 fingerprint and photograph records shall be produced in the
3598 court whenever directed by the court. Any photograph taken
3599 pursuant to this section may be shown by a law enforcement
3600 officer to any victim or witness of a crime for the purpose of
3601 identifying the person who committed such crime.
3602 Section 89. For the purpose of incorporating the amendment
3603 made by this act to section 893.135, Florida Statutes, in a
3604 reference thereto, subsection (2) of section 772.12, Florida
3605 Statutes, is reenacted to read:
3606 772.12 Drug Dealer Liability Act.—
3607 (2) A person, including any governmental entity, has a
3608 cause of action for threefold the actual damages sustained and
3609 is entitled to minimum damages in the amount of $1,000 and
3610 reasonable attorney’s fees and court costs in the trial and
3611 appellate courts, if the person proves by the greater weight of
3612 the evidence that:
3613 (a) The person was injured because of the defendant’s
3614 actions that resulted in the defendant’s conviction for:
3615 1. A violation of s. 893.13, except for a violation of s.
3616 893.13(2)(a) or (b), (3), (5), (6)(a), (b), or (c), (7); or
3617 2. A violation of s. 893.135; and
3618 (b) The person was not injured by reason of his or her
3619 participation in the same act or transaction that resulted in
3620 the defendant’s conviction for any offense described in
3621 subparagraph (a)1.
3622 Section 90. For the purpose of incorporating the amendment
3623 made by this act to section 893.135, Florida Statutes, in
3624 references thereto, paragraph (a) of subsection (2) and
3625 paragraph (a) of subsection (3) of section 775.087, Florida
3626 Statutes, are reenacted to read:
3627 775.087 Possession or use of weapon; aggravated battery;
3628 felony reclassification; minimum sentence.—
3629 (2)(a)1. Any person who is convicted of a felony or an
3630 attempt to commit a felony, regardless of whether the use of a
3631 weapon is an element of the felony, and the conviction was for:
3632 a. Murder;
3633 b. Sexual battery;
3634 c. Robbery;
3635 d. Burglary;
3636 e. Arson;
3637 f. Aggravated battery;
3638 g. Kidnapping;
3639 h. Escape;
3640 i. Aircraft piracy;
3641 j. Aggravated child abuse;
3642 k. Aggravated abuse of an elderly person or disabled adult;
3643 l. Unlawful throwing, placing, or discharging of a
3644 destructive device or bomb;
3645 m. Carjacking;
3646 n. Home-invasion robbery;
3647 o. Aggravated stalking;
3648 p. Trafficking in cannabis, trafficking in cocaine, capital
3649 importation of cocaine, trafficking in illegal drugs, capital
3650 importation of illegal drugs, trafficking in phencyclidine,
3651 capital importation of phencyclidine, trafficking in
3652 methaqualone, capital importation of methaqualone, trafficking
3653 in amphetamine, capital importation of amphetamine, trafficking
3654 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
3655 (GHB), trafficking in 1,4-Butanediol, trafficking in
3656 Phenethylamines, or other violation of s. 893.135(1); or
3657 q. Possession of a firearm by a felon
3658
3659 and during the commission of the offense, such person actually
3660 possessed a “firearm” or “destructive device” as those terms are
3661 defined in s. 790.001, shall be sentenced to a minimum term of
3662 imprisonment of 10 years, except that a person who is convicted
3663 for possession of a firearm by a felon or burglary of a
3664 conveyance shall be sentenced to a minimum term of imprisonment
3665 of 3 years if such person possessed a “firearm” or “destructive
3666 device” during the commission of the offense. However, if an
3667 offender who is convicted of the offense of possession of a
3668 firearm by a felon has a previous conviction of committing or
3669 attempting to commit a felony listed in s. 775.084(1)(b)1. and
3670 actually possessed a firearm or destructive device during the
3671 commission of the prior felony, the offender shall be sentenced
3672 to a minimum term of imprisonment of 10 years.
3673 2. Any person who is convicted of a felony or an attempt to
3674 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
3675 regardless of whether the use of a weapon is an element of the
3676 felony, and during the course of the commission of the felony
3677 such person discharged a “firearm” or “destructive device” as
3678 defined in s. 790.001 shall be sentenced to a minimum term of
3679 imprisonment of 20 years.
3680 3. Any person who is convicted of a felony or an attempt to
3681 commit a felony listed in sub-subparagraphs (a)1.a.-p.,
3682 regardless of whether the use of a weapon is an element of the
3683 felony, and during the course of the commission of the felony
3684 such person discharged a “firearm” or “destructive device” as
3685 defined in s. 790.001 and, as the result of the discharge, death
3686 or great bodily harm was inflicted upon any person, the
3687 convicted person shall be sentenced to a minimum term of
3688 imprisonment of not less than 25 years and not more than a term
3689 of imprisonment of life in prison.
3690 (3)(a)1. Any person who is convicted of a felony or an
3691 attempt to commit a felony, regardless of whether the use of a
3692 firearm is an element of the felony, and the conviction was for:
3693 a. Murder;
3694 b. Sexual battery;
3695 c. Robbery;
3696 d. Burglary;
3697 e. Arson;
3698 f. Aggravated battery;
3699 g. Kidnapping;
3700 h. Escape;
3701 i. Sale, manufacture, delivery, or intent to sell,
3702 manufacture, or deliver any controlled substance;
3703 j. Aircraft piracy;
3704 k. Aggravated child abuse;
3705 l. Aggravated abuse of an elderly person or disabled adult;
3706 m. Unlawful throwing, placing, or discharging of a
3707 destructive device or bomb;
3708 n. Carjacking;
3709 o. Home-invasion robbery;
3710 p. Aggravated stalking; or
3711 q. Trafficking in cannabis, trafficking in cocaine, capital
3712 importation of cocaine, trafficking in illegal drugs, capital
3713 importation of illegal drugs, trafficking in phencyclidine,
3714 capital importation of phencyclidine, trafficking in
3715 methaqualone, capital importation of methaqualone, trafficking
3716 in amphetamine, capital importation of amphetamine, trafficking
3717 in flunitrazepam, trafficking in gamma-hydroxybutyric acid
3718 (GHB), trafficking in 1,4-Butanediol, trafficking in
3719 Phenethylamines, or other violation of s. 893.135(1);
3720
3721 and during the commission of the offense, such person possessed
3722 a semiautomatic firearm and its high-capacity detachable box
3723 magazine or a machine gun as defined in s. 790.001, shall be
3724 sentenced to a minimum term of imprisonment of 15 years.
3725 2. Any person who is convicted of a felony or an attempt to
3726 commit a felony listed in subparagraph (a)1., regardless of
3727 whether the use of a weapon is an element of the felony, and
3728 during the course of the commission of the felony such person
3729 discharged a semiautomatic firearm and its high-capacity box
3730 magazine or a “machine gun” as defined in s. 790.001 shall be
3731 sentenced to a minimum term of imprisonment of 20 years.
3732 3. Any person who is convicted of a felony or an attempt to
3733 commit a felony listed in subparagraph (a)1., regardless of
3734 whether the use of a weapon is an element of the felony, and
3735 during the course of the commission of the felony such person
3736 discharged a semiautomatic firearm and its high-capacity box
3737 magazine or a “machine gun” as defined in s. 790.001 and, as the
3738 result of the discharge, death or great bodily harm was
3739 inflicted upon any person, the convicted person shall be
3740 sentenced to a minimum term of imprisonment of not less than 25
3741 years and not more than a term of imprisonment of life in
3742 prison.
3743 Section 91. For the purpose of incorporating the amendment
3744 made by this act to section 893.135, Florida Statutes, in a
3745 reference thereto, paragraph (f) of subsection (3) of section
3746 810.02, Florida Statutes, is reenacted to read:
3747 810.02 Burglary.—
3748 (3) Burglary is a felony of the second degree, punishable
3749 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
3750 course of committing the offense, the offender does not make an
3751 assault or battery and is not and does not become armed with a
3752 dangerous weapon or explosive, and the offender enters or
3753 remains in a:
3754 (f) Structure or conveyance when the offense intended to be
3755 committed therein is theft of a controlled substance as defined
3756 in s. 893.02. Notwithstanding any other law, separate judgments
3757 and sentences for burglary with the intent to commit theft of a
3758 controlled substance under this paragraph and for any applicable
3759 possession of controlled substance offense under s. 893.13 or
3760 trafficking in controlled substance offense under s. 893.135 may
3761 be imposed when all such offenses involve the same amount or
3762 amounts of a controlled substance.
3763
3764 However, if the burglary is committed within a county that is
3765 subject to a state of emergency declared by the Governor under
3766 chapter 252 after the declaration of emergency is made and the
3767 perpetration of the burglary is facilitated by conditions
3768 arising from the emergency, the burglary is a felony of the
3769 first degree, punishable as provided in s. 775.082, s. 775.083,
3770 or s. 775.084. As used in this subsection, the term “conditions
3771 arising from the emergency” means civil unrest, power outages,
3772 curfews, voluntary or mandatory evacuations, or a reduction in
3773 the presence of or response time for first responders or
3774 homeland security personnel. A person arrested for committing a
3775 burglary within a county that is subject to such a state of
3776 emergency may not be released until the person appears before a
3777 committing magistrate at a first appearance hearing. For
3778 purposes of sentencing under chapter 921, a felony offense that
3779 is reclassified under this subsection is ranked one level above
3780 the ranking under s. 921.0022 or s. 921.0023 of the offense
3781 committed.
3782 Section 92. For the purpose of incorporating the amendment
3783 made by this act to section 893.135, Florida Statutes, in a
3784 reference thereto, paragraph (c) of subsection (2) of section
3785 812.014, Florida Statutes, is reenacted to read:
3786 812.014 Theft.—
3787 (2)
3788 (c) It is grand theft of the third degree and a felony of
3789 the third degree, punishable as provided in s. 775.082, s.
3790 775.083, or s. 775.084, if the property stolen is:
3791 1. Valued at $300 or more, but less than $5,000.
3792 2. Valued at $5,000 or more, but less than $10,000.
3793 3. Valued at $10,000 or more, but less than $20,000.
3794 4. A will, codicil, or other testamentary instrument.
3795 5. A firearm.
3796 6. A motor vehicle, except as provided in paragraph (a).
3797 7. Any commercially farmed animal, including any animal of
3798 the equine, bovine, or swine class or other grazing animal; a
3799 bee colony of a registered beekeeper; and aquaculture species
3800 raised at a certified aquaculture facility. If the property
3801 stolen is aquaculture species raised at a certified aquaculture
3802 facility, then a $10,000 fine shall be imposed.
3803 8. Any fire extinguisher.
3804 9. Any amount of citrus fruit consisting of 2,000 or more
3805 individual pieces of fruit.
3806 10. Taken from a designated construction site identified by
3807 the posting of a sign as provided for in s. 810.09(2)(d).
3808 11. Any stop sign.
3809 12. Anhydrous ammonia.
3810 13. Any amount of a controlled substance as defined in s.
3811 893.02. Notwithstanding any other law, separate judgments and
3812 sentences for theft of a controlled substance under this
3813 subparagraph and for any applicable possession of controlled
3814 substance offense under s. 893.13 or trafficking in controlled
3815 substance offense under s. 893.135 may be imposed when all such
3816 offenses involve the same amount or amounts of a controlled
3817 substance.
3818
3819 However, if the property is stolen within a county that is
3820 subject to a state of emergency declared by the Governor under
3821 chapter 252, the property is stolen after the declaration of
3822 emergency is made, and the perpetration of the theft is
3823 facilitated by conditions arising from the emergency, the
3824 offender commits a felony of the second degree, punishable as
3825 provided in s. 775.082, s. 775.083, or s. 775.084, if the
3826 property is valued at $5,000 or more, but less than $10,000, as
3827 provided under subparagraph 2., or if the property is valued at
3828 $10,000 or more, but less than $20,000, as provided under
3829 subparagraph 3. As used in this paragraph, the term “conditions
3830 arising from the emergency” means civil unrest, power outages,
3831 curfews, voluntary or mandatory evacuations, or a reduction in
3832 the presence of or the response time for first responders or
3833 homeland security personnel. For purposes of sentencing under
3834 chapter 921, a felony offense that is reclassified under this
3835 paragraph is ranked one level above the ranking under s.
3836 921.0022 or s. 921.0023 of the offense committed.
3837 Section 93. For the purpose of incorporating the amendment
3838 made by this act to section 893.135, Florida Statutes, in a
3839 reference thereto, paragraph (d) of subsection (8) of section
3840 893.13, Florida Statutes, is reenacted to read:
3841 893.13 Prohibited acts; penalties.—
3842 (8)
3843 (d) Notwithstanding paragraph (c), if a prescribing
3844 practitioner has violated paragraph (a) and received $1,000 or
3845 more in payment for writing one or more prescriptions or, in the
3846 case of a prescription written for a controlled substance
3847 described in s. 893.135, has written one or more prescriptions
3848 for a quantity of a controlled substance which, individually or
3849 in the aggregate, meets the threshold for the offense of
3850 trafficking in a controlled substance under s. 893.135, the
3851 violation is reclassified as a felony of the second degree and
3852 ranked in level 4 of the Criminal Punishment Code.
3853 Section 94. For the purpose of incorporating the amendment
3854 made by this act to section 893.135, Florida Statutes, in
3855 references thereto, subsections (1) and (2) of section 893.1351,
3856 Florida Statutes, are reenacted to read:
3857 893.1351 Ownership, lease, rental, or possession for
3858 trafficking in or manufacturing a controlled substance.—
3859 (1) A person may not own, lease, or rent any place,
3860 structure, or part thereof, trailer, or other conveyance with
3861 the knowledge that the place, structure, trailer, or conveyance
3862 will be used for the purpose of trafficking in a controlled
3863 substance, as provided in s. 893.135; for the sale of a
3864 controlled substance, as provided in s. 893.13; or for the
3865 manufacture of a controlled substance intended for sale or
3866 distribution to another. A person who violates this subsection
3867 commits a felony of the third degree, punishable as provided in
3868 s. 775.082, s. 775.083, or s. 775.084.
3869 (2) A person may not knowingly be in actual or constructive
3870 possession of any place, structure, or part thereof, trailer, or
3871 other conveyance with the knowledge that the place, structure,
3872 or part thereof, trailer, or conveyance will be used for the
3873 purpose of trafficking in a controlled substance, as provided in
3874 s. 893.135; for the sale of a controlled substance, as provided
3875 in s. 893.13; or for the manufacture of a controlled substance
3876 intended for sale or distribution to another. A person who
3877 violates this subsection commits a felony of the second degree,
3878 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3879 Section 95. For the purpose of incorporating the amendment
3880 made by this act to section 893.135, Florida Statutes, in a
3881 reference thereto, section 903.133, Florida Statutes, is
3882 reenacted to read:
3883 903.133 Bail on appeal; prohibited for certain felony
3884 convictions.—Notwithstanding the provisions of s. 903.132, no
3885 person adjudged guilty of a felony of the first degree for a
3886 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
3887 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
3888 violation of s. 794.011(2) or (3), shall be admitted to bail
3889 pending review either by posttrial motion or appeal.
3890 Section 96. For the purpose of incorporating the amendment
3891 made by this act to section 893.135, Florida Statutes, in a
3892 reference thereto, paragraph (c) of subsection (4) of section
3893 907.041, Florida Statutes, is reenacted to read:
3894 907.041 Pretrial detention and release.—
3895 (4) PRETRIAL DETENTION.—
3896 (c) The court may order pretrial detention if it finds a
3897 substantial probability, based on a defendant’s past and present
3898 patterns of behavior, the criteria in s. 903.046, and any other
3899 relevant facts, that any of the following circumstances exist:
3900 1. The defendant has previously violated conditions of
3901 release and that no further conditions of release are reasonably
3902 likely to assure the defendant’s appearance at subsequent
3903 proceedings;
3904 2. The defendant, with the intent to obstruct the judicial
3905 process, has threatened, intimidated, or injured any victim,
3906 potential witness, juror, or judicial officer, or has attempted
3907 or conspired to do so, and that no condition of release will
3908 reasonably prevent the obstruction of the judicial process;
3909 3. The defendant is charged with trafficking in controlled
3910 substances as defined by s. 893.135, that there is a substantial
3911 probability that the defendant has committed the offense, and
3912 that no conditions of release will reasonably assure the
3913 defendant’s appearance at subsequent criminal proceedings;
3914 4. The defendant is charged with DUI manslaughter, as
3915 defined by s. 316.193, and that there is a substantial
3916 probability that the defendant committed the crime and that the
3917 defendant poses a threat of harm to the community; conditions
3918 that would support a finding by the court pursuant to this
3919 subparagraph that the defendant poses a threat of harm to the
3920 community include, but are not limited to, any of the following:
3921 a. The defendant has previously been convicted of any crime
3922 under s. 316.193, or of any crime in any other state or
3923 territory of the United States that is substantially similar to
3924 any crime under s. 316.193;
3925 b. The defendant was driving with a suspended driver
3926 license when the charged crime was committed; or
3927 c. The defendant has previously been found guilty of, or
3928 has had adjudication of guilt withheld for, driving while the
3929 defendant’s driver license was suspended or revoked in violation
3930 of s. 322.34;
3931 5. The defendant poses the threat of harm to the community.
3932 The court may so conclude, if it finds that the defendant is
3933 presently charged with a dangerous crime, that there is a
3934 substantial probability that the defendant committed such crime,
3935 that the factual circumstances of the crime indicate a disregard
3936 for the safety of the community, and that there are no
3937 conditions of release reasonably sufficient to protect the
3938 community from the risk of physical harm to persons;
3939 6. The defendant was on probation, parole, or other release
3940 pending completion of sentence or on pretrial release for a
3941 dangerous crime at the time the current offense was committed;
3942 7. The defendant has violated one or more conditions of
3943 pretrial release or bond for the offense currently before the
3944 court and the violation, in the discretion of the court,
3945 supports a finding that no conditions of release can reasonably
3946 protect the community from risk of physical harm to persons or
3947 assure the presence of the accused at trial; or
3948 8.a. The defendant has ever been sentenced pursuant to s.
3949 775.082(9) or s. 775.084 as a prison releasee reoffender,
3950 habitual violent felony offender, three-time violent felony
3951 offender, or violent career criminal, or the state attorney
3952 files a notice seeking that the defendant be sentenced pursuant
3953 to s. 775.082(9) or s. 775.084, as a prison releasee reoffender,
3954 habitual violent felony offender, three-time violent felony
3955 offender, or violent career criminal;
3956 b. There is a substantial probability that the defendant
3957 committed the offense; and
3958 c. There are no conditions of release that can reasonably
3959 protect the community from risk of physical harm or ensure the
3960 presence of the accused at trial.
3961 Section 97. For the purpose of incorporating the amendment
3962 made by this act to section 893.135, Florida Statutes, in a
3963 reference thereto, paragraph (b) of subsection (1) of section
3964 921.0024, Florida Statutes, is reenacted to read:
3965 921.0024 Criminal Punishment Code; worksheet computations;
3966 scoresheets.—
3967 (1)
3968 (b) WORKSHEET KEY:
3969
3970 Legal status points are assessed when any form of legal status
3971 existed at the time the offender committed an offense before the
3972 court for sentencing. Four (4) sentence points are assessed for
3973 an offender’s legal status.
3974
3975 Community sanction violation points are assessed when a
3976 community sanction violation is before the court for sentencing.
3977 Six (6) sentence points are assessed for each community sanction
3978 violation and each successive community sanction violation,
3979 unless any of the following apply:
3980 1. If the community sanction violation includes a new
3981 felony conviction before the sentencing court, twelve (12)
3982 community sanction violation points are assessed for the
3983 violation, and for each successive community sanction violation
3984 involving a new felony conviction.
3985 2. If the community sanction violation is committed by a
3986 violent felony offender of special concern as defined in s.
3987 948.06:
3988 a. Twelve (12) community sanction violation points are
3989 assessed for the violation and for each successive violation of
3990 felony probation or community control where:
3991 I. The violation does not include a new felony conviction;
3992 and
3993 II. The community sanction violation is not based solely on
3994 the probationer or offender’s failure to pay costs or fines or
3995 make restitution payments.
3996 b. Twenty-four (24) community sanction violation points are
3997 assessed for the violation and for each successive violation of
3998 felony probation or community control where the violation
3999 includes a new felony conviction.
4000
4001 Multiple counts of community sanction violations before the
4002 sentencing court shall not be a basis for multiplying the
4003 assessment of community sanction violation points.
4004
4005 Prior serious felony points: If the offender has a primary
4006 offense or any additional offense ranked in level 8, level 9, or
4007 level 10, and one or more prior serious felonies, a single
4008 assessment of thirty (30) points shall be added. For purposes of
4009 this section, a prior serious felony is an offense in the
4010 offender’s prior record that is ranked in level 8, level 9, or
4011 level 10 under s. 921.0022 or s. 921.0023 and for which the
4012 offender is serving a sentence of confinement, supervision, or
4013 other sanction or for which the offender’s date of release from
4014 confinement, supervision, or other sanction, whichever is later,
4015 is within 3 years before the date the primary offense or any
4016 additional offense was committed.
4017
4018 Prior capital felony points: If the offender has one or more
4019 prior capital felonies in the offender’s criminal record, points
4020 shall be added to the subtotal sentence points of the offender
4021 equal to twice the number of points the offender receives for
4022 the primary offense and any additional offense. A prior capital
4023 felony in the offender’s criminal record is a previous capital
4024 felony offense for which the offender has entered a plea of nolo
4025 contendere or guilty or has been found guilty; or a felony in
4026 another jurisdiction which is a capital felony in that
4027 jurisdiction, or would be a capital felony if the offense were
4028 committed in this state.
4029
4030 Possession of a firearm, semiautomatic firearm, or machine gun:
4031 If the offender is convicted of committing or attempting to
4032 commit any felony other than those enumerated in s. 775.087(2)
4033 while having in his or her possession: a firearm as defined in
4034 s. 790.001(6), an additional eighteen (18) sentence points are
4035 assessed; or if the offender is convicted of committing or
4036 attempting to commit any felony other than those enumerated in
4037 s. 775.087(3) while having in his or her possession a
4038 semiautomatic firearm as defined in s. 775.087(3) or a machine
4039 gun as defined in s. 790.001(9), an additional twenty-five (25)
4040 sentence points are assessed.
4041
4042 Sentencing multipliers:
4043
4044 Drug trafficking: If the primary offense is drug trafficking
4045 under s. 893.135, the subtotal sentence points are multiplied,
4046 at the discretion of the court, for a level 7 or level 8
4047 offense, by 1.5. The state attorney may move the sentencing
4048 court to reduce or suspend the sentence of a person convicted of
4049 a level 7 or level 8 offense, if the offender provides
4050 substantial assistance as described in s. 893.135(4).
4051
4052 Law enforcement protection: If the primary offense is a
4053 violation of the Law Enforcement Protection Act under s.
4054 775.0823(2), (3), or (4), the subtotal sentence points are
4055 multiplied by 2.5. If the primary offense is a violation of s.
4056 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
4057 are multiplied by 2.0. If the primary offense is a violation of
4058 s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
4059 Protection Act under s. 775.0823(10) or (11), the subtotal
4060 sentence points are multiplied by 1.5.
4061
4062 Grand theft of a motor vehicle: If the primary offense is grand
4063 theft of the third degree involving a motor vehicle and in the
4064 offender’s prior record, there are three or more grand thefts of
4065 the third degree involving a motor vehicle, the subtotal
4066 sentence points are multiplied by 1.5.
4067
4068 Offense related to a criminal gang: If the offender is convicted
4069 of the primary offense and committed that offense for the
4070 purpose of benefiting, promoting, or furthering the interests of
4071 a criminal gang as defined in s. 874.03, the subtotal sentence
4072 points are multiplied by 1.5. If applying the multiplier results
4073 in the lowest permissible sentence exceeding the statutory
4074 maximum sentence for the primary offense under chapter 775, the
4075 court may not apply the multiplier and must sentence the
4076 defendant to the statutory maximum sentence.
4077
4078 Domestic violence in the presence of a child: If the offender is
4079 convicted of the primary offense and the primary offense is a
4080 crime of domestic violence, as defined in s. 741.28, which was
4081 committed in the presence of a child under 16 years of age who
4082 is a family or household member as defined in s. 741.28(3) with
4083 the victim or perpetrator, the subtotal sentence points are
4084 multiplied by 1.5.
4085
4086 Adult-on-minor sex offense: If the offender was 18 years of age
4087 or older and the victim was younger than 18 years of age at the
4088 time the offender committed the primary offense, and if the
4089 primary offense was an offense committed on or after October 1,
4090 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
4091 violation involved a victim who was a minor and, in the course
4092 of committing that violation, the defendant committed a sexual
4093 battery under chapter 794 or a lewd act under s. 800.04 or s.
4094 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
4095 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
4096 800.04; or s. 847.0135(5), the subtotal sentence points are
4097 multiplied by 2.0. If applying the multiplier results in the
4098 lowest permissible sentence exceeding the statutory maximum
4099 sentence for the primary offense under chapter 775, the court
4100 may not apply the multiplier and must sentence the defendant to
4101 the statutory maximum sentence.
4102 Section 98. For the purpose of incorporating the amendment
4103 made by this act to section 932.7061, Florida Statutes, in a
4104 reference thereto, section 932.7062, Florida Statutes, is
4105 reenacted to read:
4106 932.7062 Penalty for noncompliance with reporting
4107 requirements.—A seizing agency that fails to comply with the
4108 reporting requirements in s. 932.7061 is subject to a civil fine
4109 of $5,000, to be determined by the Chief Financial Officer and
4110 payable to the General Revenue Fund. However, such agency is not
4111 subject to the fine if, within 60 days after receipt of written
4112 notification from the Department of Law Enforcement of
4113 noncompliance with the reporting requirements of the Florida
4114 Contraband Forfeiture Act, the agency substantially complies
4115 with those requirements. The Department of Law Enforcement shall
4116 submit any substantial noncompliance to the office of Chief
4117 Financial Officer, which shall be responsible for the
4118 enforcement of this section.
4119 Section 99. For the purpose of incorporating the amendment
4120 made by this act to section 944.704, Florida Statutes, in a
4121 reference thereto, subsection (3) of section 944.026, Florida
4122 Statutes, is reenacted to read:
4123 944.026 Community-based facilities and programs.—
4124 (3)(a) The department shall develop and implement
4125 procedures to diagnose offenders prior to sentencing, for the
4126 purpose of recommending to the sentencing court suitable
4127 candidates for placement in a community-based residential drug
4128 treatment facility or probation and restitution center as
4129 provided in this section. The department shall also develop and
4130 implement procedures to properly identify inmates prior to
4131 release who demonstrate the need for or interest in and
4132 suitability for placement in a community-based substance abuse
4133 transition housing program as provided in this section and
4134 pursuant to ss. 944.4731 and 944.704.
4135 (b) Pretrial intervention programs in appropriate counties
4136 to provide early counseling and supervision services to
4137 specified offenders as provided in s. 948.08.
4138 Section 100. For the purpose of incorporating the amendment
4139 made by this act to section 944.801, Florida Statutes, in a
4140 reference thereto, subsection (2) of section 447.203, Florida
4141 Statutes, is reenacted to read:
4142 447.203 Definitions.—As used in this part:
4143 (2) “Public employer” or “employer” means the state or any
4144 county, municipality, or special district or any subdivision or
4145 agency thereof which the commission determines has sufficient
4146 legal distinctiveness properly to carry out the functions of a
4147 public employer. With respect to all public employees determined
4148 by the commission as properly belonging to a statewide
4149 bargaining unit composed of State Career Service System
4150 employees or Selected Professional Service employees, the
4151 Governor shall be deemed to be the public employer; and the
4152 Board of Governors of the State University System, or the
4153 board’s designee, shall be deemed to be the public employer with
4154 respect to all public employees of each constituent state
4155 university. The board of trustees of a community college shall
4156 be deemed to be the public employer with respect to all
4157 employees of the community college. The district school board
4158 shall be deemed to be the public employer with respect to all
4159 employees of the school district. The Board of Trustees of the
4160 Florida School for the Deaf and the Blind shall be deemed to be
4161 the public employer with respect to the academic and academic
4162 administrative personnel of the Florida School for the Deaf and
4163 the Blind. The Governor shall be deemed to be the public
4164 employer with respect to all employees in the Correctional
4165 Education Program of the Department of Corrections established
4166 pursuant to s. 944.801.
4167 Section 101. For the purpose of incorporating the amendment
4168 made by this act to section 947.149, Florida Statutes, in a
4169 reference thereto, subsection (6) of section 316.1935, Florida
4170 Statutes, is reenacted to read:
4171 316.1935 Fleeing or attempting to elude a law enforcement
4172 officer; aggravated fleeing or eluding.—
4173 (6) Notwithstanding s. 948.01, no court may suspend, defer,
4174 or withhold adjudication of guilt or imposition of sentence for
4175 any violation of this section. A person convicted and sentenced
4176 to a mandatory minimum term of incarceration under paragraph
4177 (3)(b) or paragraph (4)(b) is not eligible for statutory gain
4178 time under s. 944.275 or any form of discretionary early
4179 release, other than pardon or executive clemency or conditional
4180 medical release under s. 947.149, prior to serving the mandatory
4181 minimum sentence.
4182 Section 102. For the purpose of incorporating the amendment
4183 made by this act to section 947.149, Florida Statutes, in a
4184 reference thereto, paragraph (k) of subsection (4) of section
4185 775.084, Florida Statutes, is reenacted to read:
4186 775.084 Violent career criminals; habitual felony offenders
4187 and habitual violent felony offenders; three-time violent felony
4188 offenders; definitions; procedure; enhanced penalties or
4189 mandatory minimum prison terms.—
4190 (4)
4191 (k)1. A defendant sentenced under this section as a
4192 habitual felony offender, a habitual violent felony offender, or
4193 a violent career criminal is eligible for gain-time granted by
4194 the Department of Corrections as provided in s. 944.275(4)(b).
4195 2. For an offense committed on or after October 1, 1995, a
4196 defendant sentenced under this section as a violent career
4197 criminal is not eligible for any form of discretionary early
4198 release, other than pardon or executive clemency, or conditional
4199 medical release granted pursuant to s. 947.149.
4200 3. For an offense committed on or after July 1, 1999, a
4201 defendant sentenced under this section as a three-time violent
4202 felony offender shall be released only by expiration of sentence
4203 and shall not be eligible for parole, control release, or any
4204 form of early release.
4205 Section 103. For the purpose of incorporating the amendment
4206 made by this act to section 947.149, Florida Statutes, in
4207 references thereto, paragraph (b) of subsection (2) and
4208 paragraph (b) of subsection (3) of section 775.087, Florida
4209 Statutes, are reenacted to read:
4210 775.087 Possession or use of weapon; aggravated battery;
4211 felony reclassification; minimum sentence.—
4212 (2)
4213 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
4214 (a)3. does not prevent a court from imposing a longer sentence
4215 of incarceration as authorized by law in addition to the minimum
4216 mandatory sentence, or from imposing a sentence of death
4217 pursuant to other applicable law. Subparagraph (a)1.,
4218 subparagraph (a)2., or subparagraph (a)3. does not authorize a
4219 court to impose a lesser sentence than otherwise required by
4220 law.
4221
4222 Notwithstanding s. 948.01, adjudication of guilt or imposition
4223 of sentence shall not be suspended, deferred, or withheld, and
4224 the defendant is not eligible for statutory gain-time under s.
4225 944.275 or any form of discretionary early release, other than
4226 pardon or executive clemency, or conditional medical release
4227 under s. 947.149, prior to serving the minimum sentence.
4228 (3)
4229 (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph
4230 (a)3. does not prevent a court from imposing a longer sentence
4231 of incarceration as authorized by law in addition to the minimum
4232 mandatory sentence, or from imposing a sentence of death
4233 pursuant to other applicable law. Subparagraph (a)1.,
4234 subparagraph (a)2., or subparagraph (a)3. does not authorize a
4235 court to impose a lesser sentence than otherwise required by
4236 law.
4237
4238 Notwithstanding s. 948.01, adjudication of guilt or imposition
4239 of sentence shall not be suspended, deferred, or withheld, and
4240 the defendant is not eligible for statutory gain-time under s.
4241 944.275 or any form of discretionary early release, other than
4242 pardon or executive clemency, or conditional medical release
4243 under s. 947.149, prior to serving the minimum sentence.
4244 Section 104. For the purpose of incorporating the amendment
4245 made by this act to section 947.149, Florida Statutes, in a
4246 reference thereto, subsection (3) of section 784.07, Florida
4247 Statutes, is reenacted to read:
4248 784.07 Assault or battery of law enforcement officers,
4249 firefighters, emergency medical care providers, public transit
4250 employees or agents, or other specified officers;
4251 reclassification of offenses; minimum sentences.—
4252 (3) Any person who is convicted of a battery under
4253 paragraph (2)(b) and, during the commission of the offense, such
4254 person possessed:
4255 (a) A “firearm” or “destructive device” as those terms are
4256 defined in s. 790.001, shall be sentenced to a minimum term of
4257 imprisonment of 3 years.
4258 (b) A semiautomatic firearm and its high-capacity
4259 detachable box magazine, as defined in s. 775.087(3), or a
4260 machine gun as defined in s. 790.001, shall be sentenced to a
4261 minimum term of imprisonment of 8 years.
4262
4263 Notwithstanding s. 948.01, adjudication of guilt or imposition
4264 of sentence shall not be suspended, deferred, or withheld, and
4265 the defendant is not eligible for statutory gain-time under s.
4266 944.275 or any form of discretionary early release, other than
4267 pardon or executive clemency, or conditional medical release
4268 under s. 947.149, prior to serving the minimum sentence.
4269 Section 105. For the purpose of incorporating the amendment
4270 made by this act to section 947.149, Florida Statutes, in a
4271 reference thereto, subsection (1) of section 790.235, Florida
4272 Statutes, is reenacted to read:
4273 790.235 Possession of firearm or ammunition by violent
4274 career criminal unlawful; penalty.—
4275 (1) Any person who meets the violent career criminal
4276 criteria under s. 775.084(1)(d), regardless of whether such
4277 person is or has previously been sentenced as a violent career
4278 criminal, who owns or has in his or her care, custody,
4279 possession, or control any firearm, ammunition, or electric
4280 weapon or device, or carries a concealed weapon, including a
4281 tear gas gun or chemical weapon or device, commits a felony of
4282 the first degree, punishable as provided in s. 775.082, s.
4283 775.083, or s. 775.084. A person convicted of a violation of
4284 this section shall be sentenced to a mandatory minimum of 15
4285 years’ imprisonment; however, if the person would be sentenced
4286 to a longer term of imprisonment under s. 775.084(4)(d), the
4287 person must be sentenced under that provision. A person
4288 convicted of a violation of this section is not eligible for any
4289 form of discretionary early release, other than pardon,
4290 executive clemency, or conditional medical release under s.
4291 947.149.
4292 Section 106. For the purpose of incorporating the amendment
4293 made by this act to section 947.149, Florida Statutes, in a
4294 reference thereto, subsection (7) of section 794.0115, Florida
4295 Statutes, is reenacted to read:
4296 794.0115 Dangerous sexual felony offender; mandatory
4297 sentencing.—
4298 (7) A defendant sentenced to a mandatory minimum term of
4299 imprisonment under this section is not eligible for statutory
4300 gain-time under s. 944.275 or any form of discretionary early
4301 release, other than pardon or executive clemency, or conditional
4302 medical release under s. 947.149, before serving the minimum
4303 sentence.
4304 Section 107. For the purpose of incorporating the amendment
4305 made by this act to section 947.149, Florida Statutes, in
4306 references thereto, paragraphs (b), (c), and (g) of subsection
4307 (1) and subsection (3) of section 893.135, Florida Statutes, are
4308 reenacted to read:
4309 893.135 Trafficking; mandatory sentences; suspension or
4310 reduction of sentences; conspiracy to engage in trafficking.—
4311 (1) Except as authorized in this chapter or in chapter 499
4312 and notwithstanding the provisions of s. 893.13:
4313 (b)1. Any person who knowingly sells, purchases,
4314 manufactures, delivers, or brings into this state, or who is
4315 knowingly in actual or constructive possession of, 28 grams or
4316 more of cocaine, as described in s. 893.03(2)(a)4., or of any
4317 mixture containing cocaine, but less than 150 kilograms of
4318 cocaine or any such mixture, commits a felony of the first
4319 degree, which felony shall be known as “trafficking in cocaine,”
4320 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4321 If the quantity involved:
4322 a. Is 28 grams or more, but less than 200 grams, such
4323 person shall be sentenced to a mandatory minimum term of
4324 imprisonment of 3 years, and the defendant shall be ordered to
4325 pay a fine of $50,000.
4326 b. Is 200 grams or more, but less than 400 grams, such
4327 person shall be sentenced to a mandatory minimum term of
4328 imprisonment of 7 years, and the defendant shall be ordered to
4329 pay a fine of $100,000.
4330 c. Is 400 grams or more, but less than 150 kilograms, such
4331 person shall be sentenced to a mandatory minimum term of
4332 imprisonment of 15 calendar years and pay a fine of $250,000.
4333 2. Any person who knowingly sells, purchases, manufactures,
4334 delivers, or brings into this state, or who is knowingly in
4335 actual or constructive possession of, 150 kilograms or more of
4336 cocaine, as described in s. 893.03(2)(a)4., commits the first
4337 degree felony of trafficking in cocaine. A person who has been
4338 convicted of the first degree felony of trafficking in cocaine
4339 under this subparagraph shall be punished by life imprisonment
4340 and is ineligible for any form of discretionary early release
4341 except pardon or executive clemency or conditional medical
4342 release under s. 947.149. However, if the court determines that,
4343 in addition to committing any act specified in this paragraph:
4344 a. The person intentionally killed an individual or
4345 counseled, commanded, induced, procured, or caused the
4346 intentional killing of an individual and such killing was the
4347 result; or
4348 b. The person’s conduct in committing that act led to a
4349 natural, though not inevitable, lethal result,
4350
4351 such person commits the capital felony of trafficking in
4352 cocaine, punishable as provided in ss. 775.082 and 921.142. Any
4353 person sentenced for a capital felony under this paragraph shall
4354 also be sentenced to pay the maximum fine provided under
4355 subparagraph 1.
4356 3. Any person who knowingly brings into this state 300
4357 kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
4358 and who knows that the probable result of such importation would
4359 be the death of any person, commits capital importation of
4360 cocaine, a capital felony punishable as provided in ss. 775.082
4361 and 921.142. Any person sentenced for a capital felony under
4362 this paragraph shall also be sentenced to pay the maximum fine
4363 provided under subparagraph 1.
4364 (c)1. A person who knowingly sells, purchases,
4365 manufactures, delivers, or brings into this state, or who is
4366 knowingly in actual or constructive possession of, 4 grams or
4367 more of any morphine, opium, hydromorphone, or any salt,
4368 derivative, isomer, or salt of an isomer thereof, including
4369 heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
4370 (3)(c)4., or 4 grams or more of any mixture containing any such
4371 substance, but less than 30 kilograms of such substance or
4372 mixture, commits a felony of the first degree, which felony
4373 shall be known as “trafficking in illegal drugs,” punishable as
4374 provided in s. 775.082, s. 775.083, or s. 775.084. If the
4375 quantity involved:
4376 a. Is 4 grams or more, but less than 14 grams, such person
4377 shall be sentenced to a mandatory minimum term of imprisonment
4378 of 3 years and shall be ordered to pay a fine of $50,000.
4379 b. Is 14 grams or more, but less than 28 grams, such person
4380 shall be sentenced to a mandatory minimum term of imprisonment
4381 of 15 years and shall be ordered to pay a fine of $100,000.
4382 c. Is 28 grams or more, but less than 30 kilograms, such
4383 person shall be sentenced to a mandatory minimum term of
4384 imprisonment of 25 years and shall be ordered to pay a fine of
4385 $500,000.
4386 2. A person who knowingly sells, purchases, manufactures,
4387 delivers, or brings into this state, or who is knowingly in
4388 actual or constructive possession of, 14 grams or more of
4389 hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as
4390 described in s. 893.03(2)(a)1.g., or any salt thereof, or 14
4391 grams or more of any mixture containing any such substance,
4392 commits a felony of the first degree, which felony shall be
4393 known as “trafficking in hydrocodone,” punishable as provided in
4394 s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
4395 a. Is 14 grams or more, but less than 28 grams, such person
4396 shall be sentenced to a mandatory minimum term of imprisonment
4397 of 3 years and shall be ordered to pay a fine of $50,000.
4398 b. Is 28 grams or more, but less than 50 grams, such person
4399 shall be sentenced to a mandatory minimum term of imprisonment
4400 of 7 years and shall be ordered to pay a fine of $100,000.
4401 c. Is 50 grams or more, but less than 200 grams, such
4402 person shall be sentenced to a mandatory minimum term of
4403 imprisonment of 15 years and shall be ordered to pay a fine of
4404 $500,000.
4405 d. Is 200 grams or more, but less than 30 kilograms, such
4406 person shall be sentenced to a mandatory minimum term of
4407 imprisonment of 25 years and shall be ordered to pay a fine of
4408 $750,000.
4409 3. A person who knowingly sells, purchases, manufactures,
4410 delivers, or brings into this state, or who is knowingly in
4411 actual or constructive possession of, 7 grams or more of
4412 oxycodone, as described in s. 893.03(2)(a)1.o., or any salt
4413 thereof, or 7 grams or more of any mixture containing any such
4414 substance, commits a felony of the first degree, which felony
4415 shall be known as “trafficking in oxycodone,” punishable as
4416 provided in s. 775.082, s. 775.083, or s. 775.084. If the
4417 quantity involved:
4418 a. Is 7 grams or more, but less than 14 grams, such person
4419 shall be sentenced to a mandatory minimum term of imprisonment
4420 of 3 years and shall be ordered to pay a fine of $50,000.
4421 b. Is 14 grams or more, but less than 25 grams, such person
4422 shall be sentenced to a mandatory minimum term of imprisonment
4423 of 7 years and shall be ordered to pay a fine of $100,000.
4424 c. Is 25 grams or more, but less than 100 grams, such
4425 person shall be sentenced to a mandatory minimum term of
4426 imprisonment of 15 years and shall be ordered to pay a fine of
4427 $500,000.
4428 d. Is 100 grams or more, but less than 30 kilograms, such
4429 person shall be sentenced to a mandatory minimum term of
4430 imprisonment of 25 years and shall be ordered to pay a fine of
4431 $750,000.
4432 4.a. A person who knowingly sells, purchases, manufactures,
4433 delivers, or brings into this state, or who is knowingly in
4434 actual or constructive possession of, 4 grams or more of:
4435 (I) Alfentanil, as described in s. 893.03(2)(b)1.;
4436 (II) Carfentanil, as described in s. 893.03(2)(b)6.;
4437 (III) Fentanyl, as described in s. 893.03(2)(b)9.;
4438 (IV) Sufentanil, as described in s. 893.03(2)(b)29.;
4439 (V) A fentanyl derivative, as described in s.
4440 893.03(1)(a)62.;
4441 (VI) A controlled substance analog, as described in s.
4442 893.0356, of any substance described in sub-sub-subparagraphs
4443 (I)-(V); or
4444 (VII) A mixture containing any substance described in sub
4445 sub-subparagraphs (I)-(VI),
4446
4447 commits a felony of the first degree, which felony shall be
4448 known as “trafficking in fentanyl,” punishable as provided in s.
4449 775.082, s. 775.083, or s. 775.084.
4450 b. If the quantity involved under sub-subparagraph a.:
4451 (I) Is 4 grams or more, but less than 14 grams, such person
4452 shall be sentenced to a mandatory minimum term of imprisonment
4453 of 3 years, and shall be ordered to pay a fine of $50,000.
4454 (II) Is 14 grams or more, but less than 28 grams, such
4455 person shall be sentenced to a mandatory minimum term of
4456 imprisonment of 15 years, and shall be ordered to pay a fine of
4457 $100,000.
4458 (III) Is 28 grams or more, such person shall be sentenced
4459 to a mandatory minimum term of imprisonment of 25 years, and
4460 shall be ordered to pay a fine of $500,000.
4461 5. A person who knowingly sells, purchases, manufactures,
4462 delivers, or brings into this state, or who is knowingly in
4463 actual or constructive possession of, 30 kilograms or more of
4464 any morphine, opium, oxycodone, hydrocodone, codeine,
4465 hydromorphone, or any salt, derivative, isomer, or salt of an
4466 isomer thereof, including heroin, as described in s.
4467 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
4468 more of any mixture containing any such substance, commits the
4469 first degree felony of trafficking in illegal drugs. A person
4470 who has been convicted of the first degree felony of trafficking
4471 in illegal drugs under this subparagraph shall be punished by
4472 life imprisonment and is ineligible for any form of
4473 discretionary early release except pardon or executive clemency
4474 or conditional medical release under s. 947.149. However, if the
4475 court determines that, in addition to committing any act
4476 specified in this paragraph:
4477 a. The person intentionally killed an individual or
4478 counseled, commanded, induced, procured, or caused the
4479 intentional killing of an individual and such killing was the
4480 result; or
4481 b. The person’s conduct in committing that act led to a
4482 natural, though not inevitable, lethal result,
4483
4484 such person commits the capital felony of trafficking in illegal
4485 drugs, punishable as provided in ss. 775.082 and 921.142. A
4486 person sentenced for a capital felony under this paragraph shall
4487 also be sentenced to pay the maximum fine provided under
4488 subparagraph 1.
4489 6. A person who knowingly brings into this state 60
4490 kilograms or more of any morphine, opium, oxycodone,
4491 hydrocodone, codeine, hydromorphone, or any salt, derivative,
4492 isomer, or salt of an isomer thereof, including heroin, as
4493 described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
4494 60 kilograms or more of any mixture containing any such
4495 substance, and who knows that the probable result of such
4496 importation would be the death of a person, commits capital
4497 importation of illegal drugs, a capital felony punishable as
4498 provided in ss. 775.082 and 921.142. A person sentenced for a
4499 capital felony under this paragraph shall also be sentenced to
4500 pay the maximum fine provided under subparagraph 1.
4501 (g)1. Any person who knowingly sells, purchases,
4502 manufactures, delivers, or brings into this state, or who is
4503 knowingly in actual or constructive possession of, 4 grams or
4504 more of flunitrazepam or any mixture containing flunitrazepam as
4505 described in s. 893.03(1)(a) commits a felony of the first
4506 degree, which felony shall be known as “trafficking in
4507 flunitrazepam,” punishable as provided in s. 775.082, s.
4508 775.083, or s. 775.084. If the quantity involved:
4509 a. Is 4 grams or more but less than 14 grams, such person
4510 shall be sentenced to a mandatory minimum term of imprisonment
4511 of 3 years, and the defendant shall be ordered to pay a fine of
4512 $50,000.
4513 b. Is 14 grams or more but less than 28 grams, such person
4514 shall be sentenced to a mandatory minimum term of imprisonment
4515 of 7 years, and the defendant shall be ordered to pay a fine of
4516 $100,000.
4517 c. Is 28 grams or more but less than 30 kilograms, such
4518 person shall be sentenced to a mandatory minimum term of
4519 imprisonment of 25 calendar years and pay a fine of $500,000.
4520 2. Any person who knowingly sells, purchases, manufactures,
4521 delivers, or brings into this state or who is knowingly in
4522 actual or constructive possession of 30 kilograms or more of
4523 flunitrazepam or any mixture containing flunitrazepam as
4524 described in s. 893.03(1)(a) commits the first degree felony of
4525 trafficking in flunitrazepam. A person who has been convicted of
4526 the first degree felony of trafficking in flunitrazepam under
4527 this subparagraph shall be punished by life imprisonment and is
4528 ineligible for any form of discretionary early release except
4529 pardon or executive clemency or conditional medical release
4530 under s. 947.149. However, if the court determines that, in
4531 addition to committing any act specified in this paragraph:
4532 a. The person intentionally killed an individual or
4533 counseled, commanded, induced, procured, or caused the
4534 intentional killing of an individual and such killing was the
4535 result; or
4536 b. The person’s conduct in committing that act led to a
4537 natural, though not inevitable, lethal result,
4538
4539 such person commits the capital felony of trafficking in
4540 flunitrazepam, punishable as provided in ss. 775.082 and
4541 921.142. Any person sentenced for a capital felony under this
4542 paragraph shall also be sentenced to pay the maximum fine
4543 provided under subparagraph 1.
4544 (3) Notwithstanding the provisions of s. 948.01, with
4545 respect to any person who is found to have violated this
4546 section, adjudication of guilt or imposition of sentence shall
4547 not be suspended, deferred, or withheld, nor shall such person
4548 be eligible for parole prior to serving the mandatory minimum
4549 term of imprisonment prescribed by this section. A person
4550 sentenced to a mandatory minimum term of imprisonment under this
4551 section is not eligible for any form of discretionary early
4552 release, except pardon or executive clemency or conditional
4553 medical release under s. 947.149, prior to serving the mandatory
4554 minimum term of imprisonment.
4555 Section 108. For the purpose of incorporating the amendment
4556 made by this act to section 947.149, Florida Statutes, in a
4557 reference thereto, subsection (2) of section 921.0024, Florida
4558 Statutes, is reenacted to read:
4559 921.0024 Criminal Punishment Code; worksheet computations;
4560 scoresheets.—
4561 (2) The lowest permissible sentence is the minimum sentence
4562 that may be imposed by the trial court, absent a valid reason
4563 for departure. The lowest permissible sentence is any nonstate
4564 prison sanction in which the total sentence points equals or is
4565 less than 44 points, unless the court determines within its
4566 discretion that a prison sentence, which may be up to the
4567 statutory maximums for the offenses committed, is appropriate.
4568 When the total sentence points exceeds 44 points, the lowest
4569 permissible sentence in prison months shall be calculated by
4570 subtracting 28 points from the total sentence points and
4571 decreasing the remaining total by 25 percent. The total sentence
4572 points shall be calculated only as a means of determining the
4573 lowest permissible sentence. The permissible range for
4574 sentencing shall be the lowest permissible sentence up to and
4575 including the statutory maximum, as defined in s. 775.082, for
4576 the primary offense and any additional offenses before the court
4577 for sentencing. The sentencing court may impose such sentences
4578 concurrently or consecutively. However, any sentence to state
4579 prison must exceed 1 year. If the lowest permissible sentence
4580 under the code exceeds the statutory maximum sentence as
4581 provided in s. 775.082, the sentence required by the code must
4582 be imposed. If the total sentence points are greater than or
4583 equal to 363, the court may sentence the offender to life
4584 imprisonment. An offender sentenced to life imprisonment under
4585 this section is not eligible for any form of discretionary early
4586 release, except executive clemency or conditional medical
4587 release under s. 947.149.
4588 Section 109. For the purpose of incorporating the amendment
4589 made by this act to section 947.149, Florida Statutes, in a
4590 reference thereto, paragraph (b) of subsection (7) of section
4591 944.605, Florida Statutes, is reenacted to read:
4592 944.605 Inmate release; notification; identification card.—
4593 (7)
4594 (b) Paragraph (a) does not apply to inmates who:
4595 1. The department determines have a valid driver license or
4596 state identification card, except that the department shall
4597 provide these inmates with a replacement state identification
4598 card or replacement driver license, if necessary.
4599 2. Have an active detainer, unless the department
4600 determines that cancellation of the detainer is likely or that
4601 the incarceration for which the detainer was issued will be less
4602 than 12 months in duration.
4603 3. Are released due to an emergency release or a
4604 conditional medical release under s. 947.149.
4605 4. Are not in the physical custody of the department at or
4606 within 180 days before release.
4607 5. Are subject to sex offender residency restrictions, and
4608 who, upon release under such restrictions, do not have a
4609 qualifying address.
4610 Section 110. For the purpose of incorporating the amendment
4611 made by this act to section 947.149, Florida Statutes, in a
4612 reference thereto, paragraph (b) of subsection (1) of section
4613 944.70, Florida Statutes, is reenacted to read:
4614 944.70 Conditions for release from incarceration.—
4615 (1)
4616 (b) A person who is convicted of a crime committed on or
4617 after January 1, 1994, may be released from incarceration only:
4618 1. Upon expiration of the person’s sentence;
4619 2. Upon expiration of the person’s sentence as reduced by
4620 accumulated meritorious or incentive gain-time;
4621 3. As directed by an executive order granting clemency;
4622 4. Upon placement in a conditional release program pursuant
4623 to s. 947.1405 or a conditional medical release program pursuant
4624 to s. 947.149; or
4625 5. Upon the granting of control release, including
4626 emergency control release, pursuant to s. 947.146.
4627 Section 111. For the purpose of incorporating the amendment
4628 made by this act to section 947.149, Florida Statutes, in a
4629 reference thereto, paragraph (h) of subsection (1) of section
4630 947.13, Florida Statutes, is reenacted to read:
4631 947.13 Powers and duties of commission.—
4632 (1) The commission shall have the powers and perform the
4633 duties of:
4634 (h) Determining what persons will be released on
4635 conditional medical release under s. 947.149, establishing the
4636 conditions of conditional medical release, and determining
4637 whether a person has violated the conditions of conditional
4638 medical release and taking action with respect to such a
4639 violation.
4640 Section 112. For the purpose of incorporating the amendment
4641 made by this act to section 947.149, Florida Statutes, in
4642 references thereto, subsections (1), (2), and (7) of section
4643 947.141, Florida Statutes, are reenacted to read:
4644 947.141 Violations of conditional release, control release,
4645 or conditional medical release or addiction-recovery
4646 supervision.—
4647 (1) If a member of the commission or a duly authorized
4648 representative of the commission has reasonable grounds to
4649 believe that an offender who is on release supervision under s.
4650 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
4651 the terms and conditions of the release in a material respect,
4652 such member or representative may cause a warrant to be issued
4653 for the arrest of the releasee; if the offender was found to be
4654 a sexual predator, the warrant must be issued.
4655 (2) Upon the arrest on a felony charge of an offender who
4656 is on release supervision under s. 947.1405, s. 947.146, s.
4657 947.149, or s. 944.4731, the offender must be detained without
4658 bond until the initial appearance of the offender at which a
4659 judicial determination of probable cause is made. If the trial
4660 court judge determines that there was no probable cause for the
4661 arrest, the offender may be released. If the trial court judge
4662 determines that there was probable cause for the arrest, such
4663 determination also constitutes reasonable grounds to believe
4664 that the offender violated the conditions of the release. Within
4665 24 hours after the trial court judge’s finding of probable
4666 cause, the detention facility administrator or designee shall
4667 notify the commission and the department of the finding and
4668 transmit to each a facsimile copy of the probable cause
4669 affidavit or the sworn offense report upon which the trial court
4670 judge’s probable cause determination is based. The offender must
4671 continue to be detained without bond for a period not exceeding
4672 72 hours excluding weekends and holidays after the date of the
4673 probable cause determination, pending a decision by the
4674 commission whether to issue a warrant charging the offender with
4675 violation of the conditions of release. Upon the issuance of the
4676 commission’s warrant, the offender must continue to be held in
4677 custody pending a revocation hearing held in accordance with
4678 this section.
4679 (7) If a law enforcement officer has probable cause to
4680 believe that an offender who is on release supervision under s.
4681 947.1405, s. 947.146, s. 947.149, or s. 944.4731 has violated
4682 the terms and conditions of his or her release by committing a
4683 felony offense, the officer shall arrest the offender without a
4684 warrant, and a warrant need not be issued in the case.
4685 Section 113. Except as otherwise expressly provided in this
4686 act, this act shall take effect October 1, 2018.
4687
4688 ================= T I T L E A M E N D M E N T ================
4689 And the title is amended as follows:
4690 Delete lines 1031 - 1190
4691 and insert:
4692 An act relating to public safety; amending s. 20.315,
4693 F.S.; requiring an annual report from the Department
4694 of Corrections to the Governor and the Legislature to
4695 include specified information; amending s. 23.1225,
4696 F.S.; authorizing the use of a mutual aid agreement in
4697 the event of a declared state of emergency for certain
4698 purposes; amending s. 57.105, F.S.; providing that
4699 attorney fees must be awarded and paid to the
4700 prevailing party in certain civil actions unless
4701 otherwise provided; creating s. 322.75, F.S.;
4702 requiring each judicial circuit to establish a Driver
4703 License Reinstatement Days program and designate at
4704 least 1 day for reinstating suspended driver licenses
4705 under certain circumstances; requiring participation
4706 by certain state agencies and that interested
4707 community organizations be included in the program;
4708 providing duties of the clerks of court and the
4709 Department of Highway Safety and Motor Vehicles;
4710 authorizing the clerk of court to reduce or waive
4711 certain fees and costs; providing for program
4712 eligibility; amending ss. 784.046 and 784.0485, F.S.;
4713 prohibiting the awarding of attorney fees in certain
4714 proceedings; amending s. 812.014, F.S.; increasing the
4715 threshold amounts for certain theft offenses; revising
4716 the list of items the theft of which constitutes a
4717 felony of the third degree; amending s. 812.015, F.S.;
4718 increasing threshold amounts for certain theft
4719 offenses; amending s. 893.135, F.S.; defining the term
4720 “dosage unit”; providing applicability; creating a new
4721 offense of “trafficking in pharmaceuticals”; requiring
4722 that a person trafficking in specified drug products
4723 approved by the Food and Drug Administration and
4724 manufactured and distributed lawfully by a
4725 pharmaceutical company be prosecuted under certain
4726 provisions; providing criminal penalties; amending s.
4727 893.147, F.S.; prohibiting the use, possession,
4728 manufacture, delivery, transportation, advertisement,
4729 or retail sale of specified paraphernalia, machines,
4730 and counterfeiting materials; defining terms;
4731 providing exceptions to the prohibition; providing
4732 criminal penalties; amending s. 893.21, F.S.;
4733 prohibiting the charging, prosecution, or penalizing
4734 under specified provisions of a person acting in good
4735 faith who seeks medical assistance for an individual
4736 experiencing, or believed to be experiencing, an
4737 alcohol- or a drug-related overdose; prohibiting the
4738 charging, prosecution, or penalizing under specified
4739 provisions of a person who experiences, or has a good
4740 faith belief that he or she is experiencing, an
4741 alcohol- or a drug-related overdose; prohibiting a
4742 person from being penalized for a violation of a
4743 condition of certain programs if that person in good
4744 faith seeks medical assistance for himself or herself
4745 or an individual experiencing, or believed to be
4746 experiencing, an alcohol- or a drug-related overdose;
4747 prohibiting the protection from charge and prosecution
4748 for certain offenses from being grounds for
4749 suppression of evidence in other criminal
4750 prosecutions; creating s. 900.05, F.S.; providing
4751 legislative intent; defining terms; requiring
4752 specified entities to collect specified data on a
4753 monthly basis, beginning on a certain date; requiring
4754 specified entities to transmit certain collected data
4755 to the Department of Law Enforcement on a quarterly
4756 basis; requiring the Department of Law Enforcement to
4757 compile, maintain, and make publicly accessible such
4758 data on its website beginning on certain dates;
4759 prohibiting certain identifying information from being
4760 publicly accessible; providing that specified entities
4761 are ineligible for a certain time to receive state
4762 funding if they do not comply with data collection and
4763 transmittal requirements; establishing a pilot project
4764 in a specified judicial circuit to improve criminal
4765 justice data transparency and ensure that submitted
4766 data is accurate, valid, reliable, and structured;
4767 authorizing certain persons to enter into a memorandum
4768 of understanding with a national, nonpartisan,
4769 nonprofit entity that meets certain criteria for the
4770 purpose of embedding a data fellow in the office or
4771 agency; establishing data fellow duties and
4772 responsibilities; providing for the expiration of the
4773 pilot project; providing an appropriation; creating s.
4774 907.0421, F.S.; providing legislative findings;
4775 authorizing the chief judge of each circuit, with
4776 concurrence of specified persons, to enter an
4777 administrative order for the use of a risk assessment
4778 instrument in pretrial release determinations;
4779 requiring the risk assessment instrument results to be
4780 used as supplemental factors for the court’s
4781 evaluation of appropriate pretrial release conditions;
4782 requiring the court to impose the least restrictive
4783 conditions necessary to reasonably ensure the
4784 defendant’s appearance at subsequent hearings;
4785 providing that a court retains sole discretion to
4786 determine the appropriateness of pretrial release and
4787 any necessary pretrial release conditions; requiring a
4788 circuit that uses a risk assessment instrument under
4789 this section to have the instrument validated by the
4790 Department of Corrections; authorizing the circuit to
4791 implement the risk assessment instrument upon
4792 validation; requiring implementation to include proper
4793 training of any local staff that will administer the
4794 risk assessment instrument; requiring each circuit
4795 that enters an administrative order to use risk
4796 assessment instruments in pretrial determinations to
4797 submit a report annually by a certain date to OPPAGA;
4798 requiring OPPAGA to compile the reports and include
4799 such information in a specified report sent to the
4800 President of the Senate and Speaker of the House of
4801 Representatives; authorizing the department to adopt
4802 rules; amending s. 907.043, F.S.; requiring each
4803 pretrial release program to include specified
4804 additional information in its annual report; amending
4805 s. 921.0024, F.S.; requiring scoresheets prepared for
4806 all criminal defendants to be digitized; requiring the
4807 Department of Corrections to develop and submit
4808 revised digitized scoresheets to the Supreme Court for
4809 approval; requiring digitized scoresheets to include
4810 individual data cells for each field on the
4811 scoresheet; requiring the clerk of court to
4812 electronically transmit the digitized scoresheet used
4813 in each sentencing proceeding to the Department of
4814 Corrections; amending s. 932.7061, F.S.; revising the
4815 deadline for submitting an annual report by law
4816 enforcement agencies concerning property seized or
4817 forfeited under the Florida Contraband Forfeiture Act;
4818 amending s. 934.01, F.S.; revising and providing
4819 legislative findings; amending s. 934.02, F.S.;
4820 redefining the term “oral communication”; defining the
4821 terms “microphone-enabled household device” and
4822 “portable electronic communication device”; amending
4823 s. 934.21, F.S.; revising the exceptions to conduct
4824 that constitutes unlawful access to stored
4825 communications; conforming a provision to changes made
4826 by the act; amending s. 934.42, F.S.; defining the
4827 terms “mobile tracking device,” “real-time location
4828 tracking,” and “historical location data”; authorizing
4829 an investigative or law enforcement officer to apply
4830 to a judge of competent jurisdiction for a warrant,
4831 rather than an order, authorizing real-time location
4832 tracking or acquisition of historical location data;
4833 requiring an application for a warrant to include a
4834 statement of a reasonable period of time that the
4835 mobile tracking device may be used or the location
4836 data may be obtained in real time, not to exceed a
4837 specified limit; authorizing a court to grant
4838 extensions that do not individually exceed a specified
4839 limit, for good cause; deleting a provision requiring
4840 a certification to be included in the application;
4841 providing that the court, if it finds probable cause
4842 and finds the required statements in the application,
4843 must grant a warrant; specifying that the warrant may
4844 authorize real-time location tracking or acquisition
4845 of historical location data; providing the warrant may
4846 authorize the use of the mobile tracking device as
4847 specified; requiring the warrant to command the
4848 officer to complete any installation authorized by the
4849 warrant within a certain timeframe; providing
4850 requirements for the return of the warrant to the
4851 judge and service of a copy of the warrant on the
4852 person who was tracked or whose property was tracked;
4853 specifying how a warrant authorizing historical
4854 location data must be returned and served; authorizing
4855 a court, for good cause, to postpone the notice
4856 requirement for a specified time period; deleting the
4857 definition of “tracking device”; requiring that the
4858 standards established by Florida courts for the
4859 installation, use, or monitoring of mobile tracking
4860 devices and the acquisition of location data apply to
4861 the installation, use, or monitoring of any devices
4862 and the acquisition of location data as authorized;
4863 authorizing any investigative or law enforcement
4864 officer who is specially designated by certain persons
4865 and who makes specified determinations to engage in
4866 real-time location tracking if a warrant is later
4867 obtained as specified; providing requirements for
4868 engaging in real-time location tracking; specifying
4869 when real-time location tracking must terminate;
4870 creating s. 943.687, F.S.; requiring the Department of
4871 Law Enforcement to collect, compile, maintain, and
4872 manage certain data; requiring the Department of Law
4873 Enforcement to make that data comparable,
4874 transferable, and readily usable; requiring the
4875 department to create a unique identifier for each
4876 criminal case received from the clerks of court;
4877 requiring the department to compile all data collected
4878 and reported by local or state entities associated
4879 with a person and to maintain all such relevant data
4880 under the unique identifier assigned; requiring the
4881 unique identifier to be the sole data element used to
4882 identify an individual in any public forum; requiring
4883 the department to create and maintain a certain
4884 Internet-based database; providing requirements for
4885 data searchability and sharing; requiring the
4886 department to adopt certain rules; requiring the
4887 department to monitor data collection procedures and
4888 test data quality; providing for data archiving,
4889 editing, retrieval, and verification; amending s.
4890 943.13, F.S.; requiring that certain correctional
4891 officers be at least 18 years of age; creating s.
4892 944.145, F.S.; prohibiting a correctional officer who
4893 is under 19 years of age from supervising inmates;
4894 authorizing a correctional officer who is under 19
4895 years of age to perform all other tasks performed by a
4896 full-time, part-time, or auxiliary correctional
4897 officer; amending s. 944.704, F.S.; requiring
4898 transition assistance staff to include information
4899 about job assignment credentialing and industry
4900 certification in job placement information given to an
4901 inmate; amending s. 944.705, F.S.; requiring the
4902 Department of Corrections to provide a comprehensive
4903 community reentry resource directory to each inmate
4904 prior to release; requiring the department to allow
4905 nonprofit faith-based, business and professional,
4906 civic, and community organizations to apply to be
4907 registered to provide inmate reentry services;
4908 requiring the department to adopt policies for
4909 screening, approving, and registering such
4910 organizations; authorizing the department to contract
4911 with public or private educational institutions to
4912 assist veterans who are inmates in applying for
4913 certain benefits; requiring the department to adopt
4914 rules; amending s. 944.801, F.S.; specifying that the
4915 department may only contract for 100 percent of the
4916 cost to prove educational services under certain
4917 programs; authorizing the department to develop a
4918 Prison Entrepreneurship Program and adopt procedures
4919 for student inmate admission; specifying requirements
4920 for the program; requiring the department to enter
4921 into agreements with certain entities to carry out
4922 duties associated with the program; authorizing the
4923 department to contract with certain entities to
4924 provide education services for the Correctional
4925 Education Program; creating s. 945.041, F.S.;
4926 requiring the Department of Corrections to publish on
4927 its website inmate admissions based on offense type
4928 and the rates of rearrest, reconviction,
4929 reincacertaion, and probation revocation within a
4930 specified period after release from incarceration;
4931 requiring that the information be updated quarterly;
4932 amending s. 945.091, F.S.; authorizing the department
4933 to extend the limits of confinement to allow an inmate
4934 to participate in supervised community release,
4935 subject to certain requirements, as prescribed by the
4936 department by rule; requiring the department to
4937 administer a risk assessment instrument to determine
4938 an inmate’s appropriateness for release on electronic
4939 monitoring; authorizing the department to terminate an
4940 inmate’s participation under certain circumstances;
4941 authorizing a law enforcement or probation officer to
4942 arrest such an inmate without a warrant in accordance
4943 with specified authority; requiring the law
4944 enforcement or probation officer to report alleged
4945 violations to a correctional officer for disposition
4946 of disciplinary charges as prescribed by the
4947 department by rule; providing that participating
4948 inmates remain eligible to earn or lose gain-time, but
4949 not in an amount that results in an inmate being
4950 released prior to serving 85 percent of the sentence
4951 imposed; providing that such inmates may not be
4952 counted in the population of the prison system and
4953 that their approved community-based housing location
4954 may not be counted in the capacity figures for the
4955 prison system; amending s. 947.005, F.S.; defining the
4956 terms “conditional medical release” and “electronic
4957 monitoring device”; amending s. 947.149, F.S.;
4958 redefining the term “terminally ill inmate”; amending
4959 s. 948.001, F.S.; revising the definition of the term
4960 “administrative probation”; amending s. 948.013, F.S.;
4961 authorizing the court to sentence an offender to
4962 administrative probation in certain circumstances;
4963 authorizing the Department of Corrections to transfer
4964 an offender to administrative probation in certain
4965 circumstances; amending s. 948.03, F.S.; requiring the
4966 Department of Corrections to include conditions of
4967 probation in the Florida Crime Information Center
4968 database; amending s. 948.06, F.S.; requiring each
4969 judicial circuit to establish an alternative
4970 sanctioning program; defining low- and moderate-risk
4971 level technical violations of probation; establishing
4972 permissible sanctions for low- and moderate-risk
4973 violations of probation under the program;
4974 establishing eligibility criteria; authorizing a
4975 probationer who allegedly committed a technical
4976 violation to waive participation in or elect to
4977 participate in the program, admit to the violation,
4978 agree to comply with the recommended sanction, and
4979 agree to waive certain rights; requiring a probation
4980 officer to submit the recommended sanction and certain
4981 documentation to the court if the probationer admits
4982 to committing the violation; authorizing the court to
4983 impose the recommended sanction or direct the
4984 department to submit a violation report, affidavit,
4985 and warrant to the court; specifying that a
4986 probationer’s participation in the program is
4987 voluntary; authorizing a probation officer to submit a
4988 violation report, affidavit, and warrant to the court
4989 in certain circumstances; creating s. 948.081, F.S.;
4990 authorizing each judicial circuit to establish
4991 community court programs for defendants changed with
4992 certain offenses; providing requirements for community
4993 courts; requiring the chief judge in a participating
4994 county to specify eligible offenses taking into
4995 consideration the community’s needs and concerns;
4996 requiring that certain agencies and entities support
4997 community court programs; providing that a defendant’s
4998 entry into a community court program is voluntary;
4999 requiring that programs have a resource coordinator
5000 charged with certain responsibilities; requiring the
5001 appointment of advisory committees with at least a
5002 specified membership; requiring the advisory committee
5003 to review cases and authorizing members to make
5004 recommendations to the judge; requiring the judge to
5005 consider such recommendations; requiring programs to
5006 report certain data; requiring that funding be secured
5007 from sources other than the state for certain costs;
5008 creating s. 948.33, F.S.; authorizing a prisoner in a
5009 state prison who has an unserved violation of
5010 probation or an unserved violation of community
5011 control warrant to file a notice of unserved warrant
5012 in the circuit court where the warrant was issued and
5013 to serve notice on the state attorney; requiring the
5014 circuit court to schedule a status hearing within a
5015 certain timeframe after receiving notice; specifying
5016 procedures and requirements for the status hearing;
5017 providing for prosecution of the violation; requiring
5018 that if the court enters an order, it send the order
5019 to the county sheriff; amending s. 951.176, F.S.;
5020 authorizing counties to contract with certain entities
5021 to provide educational services for inmates in county
5022 detention facilities; amending s. 951.22, F.S.;
5023 prohibiting introduction into, or possession of any
5024 cellular telephone or other portable communication
5025 device on, the grounds of any county detention
5026 facility,; defining the term “portable communication
5027 device”; providing criminal penalties; amending ss.
5028 1011.80 and 1011.81, F.S.; revising provisions
5029 prohibiting state funds for the operation of
5030 postsecondary workforce programs and funds for the
5031 Florida College System Program Fund, respectively,
5032 from being used for the education of certain state
5033 inmates; amending s. 1011.84, F.S.; conforming a
5034 provision to changes made by the act; amending s.
5035 320.08058, F.S.; allowing the Department of Highway
5036 Safety and Motor Vehicles to distribute proceeds from
5037 the Invest in Children license plate annual use fee on
5038 a statewide basis; requiring the Office of Program
5039 Policy Analysis and Government Accountability (OPPAGA)
5040 to conduct an analysis of the laws and procedures
5041 pertaining to the transfer of juveniles to adult
5042 courts for criminal prosecution; requiring OPPAGA to
5043 consult with specified representatives in conducting
5044 the analysis; requiring OPPAGA to submit by a certain
5045 date submit a report to the Legislature and the
5046 Governor; providing requirements for the report;
5047 providing requirements of the report; amending s.
5048 985.03, F.S.; replacing the term “nonsecure detention”
5049 with the term “supervised release detention”; defining
5050 the term “supervised release detention”; amending ss.
5051 985.037, 985.039, and 985.101, F.S.; conforming
5052 provisions to changes made by the act; creating s.
5053 901.41, F.S.; providing legislative intent;
5054 encouraging local communities and public or private
5055 educational institutions to implement prearrest
5056 diversion programs for certain offenders; encouraging
5057 prearrest diversion programs to share information with
5058 other prearrest diversion programs; authorizing local
5059 communities and public or private educational
5060 institutions to adopt prearrest diversion programs;
5061 authorizing law enforcement officers, at their sole
5062 discretion, to issue a civil citation or similar
5063 prearrest diversion program notice under specified
5064 circumstances to adults who commit certain misdemeanor
5065 offenses; requiring an adult who receives a civil
5066 citation or similar prearrest diversion program notice
5067 to report for intake as required by the prearrest
5068 diversion program; requiring that the prearrest
5069 diversion program provide specified services to adults
5070 who participate, as appropriate; requiring that an
5071 adult who is issued a civil citation or similar
5072 prearrest diversion program notice fulfill a community
5073 service requirement; requiring the adult to pay
5074 restitution to a victim; requiring law enforcement
5075 officers to determine whether there is good cause to
5076 arrest participants who do not successfully complete a
5077 prearrest diversion program and, if so, to refer the
5078 case to the state attorney, or, in the absence of good
5079 cause, to allow the participant to continue in the
5080 program; requiring representatives of specified
5081 entities to create the prearrest diversion program;
5082 requiring the entities to develop policies and
5083 procedures for the development and operation of the
5084 program, including designation of the misdemeanor
5085 offenses that qualify persons for participation, and
5086 to solicit input from other interested stakeholders;
5087 authorizing specified entities to operate programs;
5088 requiring prearrest diversion program operators to
5089 electronically provide participants’ personal
5090 identifying information to the clerk of the circuit
5091 court; specifying requirements for the clerks’
5092 handling and maintenance of certain information;
5093 requiring that a portion of any participation fee go
5094 to the appropriate clerk of the circuit court;
5095 requiring fees received by the clerks of the circuit
5096 court to be deposited in a certain fund; providing
5097 applicability; specifying that persons who commit
5098 certain offenses are ineligible for such programs;
5099 amending s. 943.0582, F.S.; requiring, rather than
5100 authorizing, the Department of Law Enforcement to
5101 adopt rules for the expunction of certain nonjudicial
5102 records of the arrest of a minor upon successful
5103 completion by the minor of certain diversion programs;
5104 defining the term “diversion program; redefining
5105 terms; revising the circumstances under which the
5106 department must expunge certain nonjudicial arrest
5107 records; deleting the department’s authority to charge
5108 a processing fee for the expunction; amending s.
5109 985.12, F.S.; providing legislative findings and
5110 intent; deleting provisions establishing a juvenile
5111 civil citation process with a certain purpose;
5112 requiring the establishment of a civil citation or
5113 similar prearrest diversion program in each judicial
5114 circuit, rather than at the local level, with the
5115 concurrence of specified persons; requiring that the
5116 state attorney and public defender of each circuit,
5117 the clerk of the court for each county in the circuit,
5118 and representatives of participating law enforcement
5119 agencies create a civil citation or similar prearrest
5120 diversion program and develop its policies and
5121 procedures; authorizing such entities to solicit
5122 stakeholders for input in developing the program’s
5123 policies and procedures; requiring the Department of
5124 Juvenile Justice to annually develop and provide
5125 guidelines on civil citation or similar prearrest
5126 diversion programs to the judicial circuits; providing
5127 requirements for the civil citation or similar
5128 prearrest diversion program; requiring the state
5129 attorney of each judicial circuit to operate the civil
5130 citation or similar prearrest diversion program;
5131 providing an exception; providing construction;
5132 requiring the arresting law enforcement officer to
5133 make a determination if a juvenile does not
5134 successfully complete the civil citation or similar
5135 prearrest diversion program; deleting provisions
5136 relating to the operation of and requirements for a
5137 civil citation or similar prearrest diversion program;
5138 requiring that a copy of each civil citation or
5139 similar prearrest diversion program notice be provided
5140 to the Department of Juvenile Justice; conforming
5141 provisions to changes made by the act; deleting
5142 provisions relating to requirements for a civil
5143 citation or similar prearrest diversion program;
5144 amending s. 985.125, F.S.; conforming a provision to
5145 changes made by the act; amending s. 985.145, F.S.;
5146 requiring the department to enter certain information
5147 into the Juvenile Justice Information System
5148 Prevention Web until formal charges are filed;
5149 requiring the department to retain such records
5150 according to its policies in the Prevention Web if
5151 formal charges are not filed; creating s. 985.126,
5152 F.S.; defining the term “diversion program”; requiring
5153 a diversion program to submit, beginning on a certain
5154 date, to the department specified data relating to
5155 diversion programs; requiring a law enforcement agency
5156 to submit, beginning on a certain date, to the
5157 department specified data about diversion programs;
5158 requiring the department to compile and publish,
5159 beginning on a certain date, such data in a specified
5160 manner; authorizing a minor to deny or fail to
5161 acknowledge his or her expunction of a certain
5162 nonjudicial arrest record under certain circumstances
5163 unless an exception applies; requiring the department
5164 to adopt rules; amending s. 985.24, F.S.; deleting
5165 provisions authorizing the Department of Juvenile
5166 Justice to develop evening reporting centers;
5167 conforming provisions to changes made by the act;
5168 amending s. 985.245, F.S.; revising risk assessment
5169 instrument considerations; conforming provisions to
5170 changes made by the act; amending s. 985.25, F.S.;
5171 deleting a provision requiring mandatory detention for
5172 children taken into custody on three or more separate
5173 occasions within a 60-day period; amending s. 985.255,
5174 F.S.; revising the circumstances under which a
5175 continued detention status may be ordered; amending s.
5176 985.26, F.S.; requiring the Department of Juvenile
5177 Justice to hold a prolific juvenile offender in secure
5178 detention pending a detention hearing following a
5179 violation of nonsecure detention; amending s. 985.26,
5180 F.S.; revising the definition of the term
5181 “disposition”; conforming provisions to changes made
5182 by the act; amending ss. 985.265 and 985.35, F.S.;
5183 conforming provisions to changes made by the act;
5184 amending s. 985.439, F.S.; deleting an authorization
5185 for placement of a child in a consequence unit in
5186 certain circumstances; allowing a child who violates
5187 conditions of probation to be detained or released
5188 based on the results of the detention risk assessment
5189 instrument; conforming provisions to changes made by
5190 the act; amending s. 985.601, F.S.; conforming
5191 provisions to changes made by the act; amending s.
5192 985.672, F.S.; requiring the board of directors of the
5193 department’s direct-support organization to be
5194 appointed according to the organization’s bylaws;
5195 deleting the scheduled repeal of provisions governing
5196 the direct-support organization established by the
5197 department; amending s. 921.0022, F.S.; conforming
5198 provisions to changes made by the act; conforming a
5199 cross-reference; amending s. 985.557, F.S.; conforming
5200 cross-references; reenacting ss. 95.18(10),
5201 373.6055(3)(c), 400.9935(3), 409.910(17)(g),
5202 489.126(4), 538.09(5), 538.23(2), 550.6305(10),
5203 634.319(2), 634.421(2), 636.238(3), 642.038(2),
5204 705.102(4), 718.111(1)(d), 812.015(2), 812.0155(1) and
5205 (2), 812.14(4), (7), and (8), 893.138(3),
5206 943.051(3)(b), and 985.11(1)(b), F.S., relating to
5207 adverse possession without color of title, criminal
5208 history checks for certain water management district
5209 employees and others, clinic responsibilities,
5210 responsibility for payments on behalf of Medicaid
5211 eligible persons when other parties are liable, moneys
5212 received by contractors, secondhand dealer
5213 registration, secondary metals recycler violations and
5214 penalties, intertrack wagering, diversion or
5215 appropriation of funds by warranty association sales
5216 representatives, collection of fees for purported
5217 membership in discount plan organizations, diversion
5218 or appropriation of funds by legal expense insurance
5219 sales representatives, reporting lost or abandoned
5220 property, condominium associations, retail and farm
5221 theft, suspension of driver license following an
5222 adjudication of guilt for theft, trespass and larceny
5223 with relation to utility fixtures and theft of utility
5224 services, local administrative action to abate drug
5225 related, prostitution-related, or stolen-property
5226 related public nuisances and criminal gang activity,
5227 fingerprinting of certain minors, and fingerprinting
5228 and photographing of certain children, respectively,
5229 to incorporate the amendment made to s. 812.014, F.S.,
5230 in references thereto; reenacting s. 932.7062, F.S.,
5231 relating to a penalty for noncompliance with reporting
5232 requirements, to incorporate the amendment made to s.
5233 932.7061, F.S., in a reference thereto; reenacting s.
5234 944.026(3), F.S., relating to community-based
5235 facilities and programs, to incorporate the amendment
5236 made to s. 944.704, F.S., in a reference thereto;
5237 reenacting s. 447.203(3), F.S., relating to
5238 definitions, to incorporate the amendment made to s.
5239 944.801, F.S., in a reference thereto; reenacting ss.
5240 316.1935(6), 772.12(2), 775.084(4)(k), 775.087(2)(b)
5241 and(3)(b), 784.07(3), 790.235(1), 794.0115(7),
5242 893.135(1)(b), (c), and (g) and (3), 921.0024(2),
5243 944.605(7)(b), 944.70(1)(b), 947.13(1)(h), and
5244 947.141(1), (2), and (7), F.S., all relating to
5245 authorized conditional medical release granted under
5246 s. 947.149, F.S., to incorporate the amendment made to
5247 s. 947.149, F.S., in references thereto; providing
5248 effective dates.