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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to harm to minors; providing a short 2
title; creating s. 501.173, F.S.; defining terms; 3
requiring manufacturers of tablets or smartphones to 4
manufacture such devices so that a filter meeting 5
certain requirements is enabled upon activation of the 6
device in this state; subjecting such manufacturers to 7
civil and criminal liability for certain acts of 8
noncompliance; providing an exception; providing civil 9
liability for individuals who enable a password to 10
remove the required filter on a device in the 11
possession of a minor under certain circumstances; 12
authorizing the Attorney General to enforce the act; 13
providing damages; authorizing a parent or legal 14
guardian to bring a civil action against certain 15
parties who violate the act under certain 16
circumstances; providing criminal penalties; amending 17
s. 787.025, F.S.; increasing criminal penalties for 18
adults who intentionally lure or entice, or who 19
attempt to lure or entice, children under the age of 20
12 into a structure, dwelling, or conveyance for other 21
than a lawful purpose; increasing criminal penalties 22
for committing a second or subsequent offense; 23
increasing criminal penalties for persons with 24
specified previous convictions who commit such 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
offense; creating s. 827.12, F.S.; defining the terms 26
"inappropriate relationship" and "sexual excitement"; 27
prohibiting persons who are of at least a specified 28
age from knowingly engaging in any communication that 29
is part of a pattern of communication or behavior that 30
meets specified criteria; prohibiting persons who are 31
of at least a specified age from knowingly using 32
specified devices to seduce, solicit, lure, or entice 33
minors to, or attempt to, share specified images or 34
recorded images; providing criminal penalties; 35
providing enhanced criminal penalties; providing 36
applicability; amending s. 921.0022, F.S.; ranking 37
offenses on the offense severity ranking chart of the 38
Criminal Punishment Code; amending ss. 943.0435, 39
944.606, and 944.607, F.S.; revising the definition of 40
the term "sexual offender"; reenacting ss. 61.13 (2)(c) 41
and (9)(c), 68.07(3)(i) and (6), 92.55(1)(b), 42
98.0751(2)(b), 394.9125(2), 397.487(10)(b), 43
435.07(4)(b), 775.0862(2), 900.05(2)(cc), 44
903.046(2)(m), 903.133, 907.043(4)(b), 921.1425(7)(d), 45
934.255(2)(a), 938.10(1), 943.0584(2), 943.0595(2)(a), 46
944.607(4)(a) and (9), 947.1405(12), 948.013(2)(b), 47
948.05(2)(f), 948.06(4), 948.30(4), 985.4815(9), and 48
1012.467(2)(b), F.S., relating to support of children, 49
parenting and time-sharing, and powers of court; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
change of name; special protections in proceedings 51
involving a victim or witness younger than 18 years of 52
age, a person with intellectual disability, or a 53
sexual offense victim; restoration of voting rights 54
and termination of ineligibility subsequent to a 55
felony conviction; state attorneys and the authority 56
to refer a person for civil commitment; voluntary 57
certification of recovery residences; exemptions from 58
disqualification; sexual offenses against students by 59
authority figures and reclassification; criminal 60
justice data collection; purpose of and criteria f or 61
bail determination; bail on appeal, prohibited for 62
certain felony convictions; pretrial release and 63
citizens' right to know; sentences of death or life 64
imprisonment for capital sexual battery and further 65
proceedings to determine sentence; subpoenas in 66
investigations of sexual offenses; additional court 67
cost imposed in cases of certain crimes; criminal 68
history records ineligible for court -ordered 69
expunction or court-ordered sealing; automatic sealing 70
of criminal history records and confidentiality of 71
related court records; notification to the Department 72
of Law Enforcement of information on sexual offenders; 73
conditional release program; administrative probation; 74
court to admonish or commend probationer or offender 75
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in community control and graduated incentiv es; 76
violation of probation or community control, 77
revocation, modification, continuance, and failure to 78
pay restitution or cost of supervision; additional 79
terms and conditions of probation or community control 80
for certain sex offenses; notification to depar tment 81
of information on juvenile sexual offenders; and 82
noninstructional contractors who are permitted access 83
to school grounds when students are present and 84
background screening requirements, respectively, to 85
incorporate the amendment made to s. 943.0435, F.S., 86
in references thereto; reenacting s. 944.608(7), F.S., 87
relating to notification to the department of 88
information on career offenders, to incorporate the 89
amendment made to s. 944.607, F.S., in a reference 90
thereto; reenacting s. 943.0435(3) and (4)(a), F.S., 91
relating to sexual offenders required to register with 92
the department and penalties, to incorporate the 93
amendments made to s. 944.606 and 944.607, F.S., in 94
references thereto; reenacting ss. 320.02(4), 95
322.141(3), 322.19(1) and (2), 775.13(4), 96
775.21(5)(d), (6)(f), and (10)(d), 775.261(3)(b), 97
948.06(4), and 948.063, F.S., relating to registration 98
required, applications for registration, and forms; 99
color or markings of certain licenses or 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identification cards; change of address or name; 101
registration of convicted felons, exemptions, and 102
penalties; the Florida Sexual Predators Act; the 103
Florida Career Offender Registration Act; violation of 104
probation or community control, revocation, 105
modification, continuance, and failure to pay 106
restitution or cost of sup ervision; and violations of 107
probation or community control by designated sexual 108
offenders and sexual predators, respectively, to 109
incorporate the amendments made by this act to ss. 110
943.0435 and 944.607, F.S., in references thereto; 111
reenacting ss. 775.24(2), 775.25, 943.0436(2), 948.31, 112
and 985.04(6)(b), relating to the duty of the court to 113
uphold laws governing sexual predators and sexual 114
offenders; prosecutions for acts or omissions; the 115
duty of the court to uphold laws governing sexual 116
predators and sexual offenders; evaluation and 117
treatment of sexual predators and offenders on 118
probation or community control; and oaths, records, 119
confidential information, respectively, to incorporate 120
the amendments made to ss. 943.0435, 944.606, and 121
944.607, F.S., in referen ces thereto; providing an 122
effective date. 123
124
Be It Enacted by the Legislature of the State of Florida: 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
126
Section 1. This act may be cited as the "Protect Our 127
Children Act." 128
Section 2. Section 501.173, Florida Statutes, is created 129
to read: 130
501.173 Device filtering of content harmful to minors. — 131
(1) DEFINITIONS.—As used in this section, the term: 132
(a) "Activate" means the process of powering on a device 133
and associating it with a new user account. 134
(b) "Device" means a tablet or smartphone manuf actured on 135
or after January 1, 2025. 136
(c) "Filter" means software installed on a device which is 137
capable of preventing the device from accessing or displaying 138
material that is harmful to minors through the Internet or 139
through an application owned and cont rolled by the manufacturer 140
and installed on the device. 141
(d) "Harmful to minors" has the same meaning as in s. 142
847.001. 143
(e) "Internet" means the global information system 144
logically linked together by a globally unique address space 145
based on the Internet protocol (IP), or its subsequent 146
extensions, which is able to support communications using the 147
transmission control protocol/Internet protocol suite, or its 148
subsequent extensions, or other IP -compatible protocols, and 149
which provides, uses, or makes access ible, either publicly or 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
privately, high-level services layered on communications and 151
related infrastructure. 152
(f) "Manufacturer" means a person that: 153
1. Is engaged in the business of manufacturing a device; 154
and 155
2. Has a registered agent in this state in accordance with 156
part I of chapter 607. 157
(g) "Minor" means an individual under the age of 18 who is 158
not emancipated, married, or a member of the Armed Forces of the 159
United States. 160
(h) "Smartphone" means an electronic device that combines 161
a cellular phone with a handheld computer, typically offering 162
Internet access, data storage, texting, and e -mail capabilities. 163
(i) "Tablet" means an Internet -ready device equipped with 164
an operating system, a touchscreen display, and a rechargeable 165
battery which has the ability to support access to a cellular 166
network. 167
(2) FILTER REQUIRED. —Beginning on January 1, 2025, a 168
manufacturer shall manufacture a device that, when activated in 169
this state, automatically enables a filter that does all of the 170
following: 171
(a) Prevents the user from accessing or downloading 172
material that is harmful to minors on any of the following: 173
1. A mobile data network. 174
2. An application owned and controlled by the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
manufacturer. 176
3. A wired Internet network. 177
4. A wireless Internet netw ork. 178
(b) Notifies the user of the device when the filter blocks 179
the device from downloading an application or accessing an 180
Internet website. 181
(c) Gives a user with a password the opportunity to 182
unblock a filtered application or website. 183
(d) Reasonably precludes a user other than a user with a 184
password the opportunity to deactivate, modify, or uninstall the 185
filter. 186
(3) MANUFACTURER LIABILITY. — 187
(a) Beginning January 1, 2025, a manufacturer of a device 188
is subject to civil and criminal liability if: 189
1. The device is activated in this state; 190
2. The device does not, upon activation, enable a filter 191
that complies with the requirements described in subsection (2); 192
and 193
3. A minor accesses material that is harmful to minors on 194
the device. 195
(b) Notwithstanding paragraph (a), this section does not 196
apply to a manufacturer that makes a good faith effort to 197
provide a device that, upon activation of the device in this 198
state, automatically enables a generally accepted and 199
commercially reasonable filter in acco rdance with this section 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and industry standards. 201
(4) INDIVIDUAL LIABILITY. —With the exception of a minor's 202
parent or legal guardian, any person may be liable in a civil 203
action for enabling the password to remove the filter on a 204
device in the possession o f a minor if the minor accesses 205
content that is harmful to minors on the device. 206
(5) PROCEEDINGS BY THE ATTORNEY GENERAL. — 207
(a) If the Attorney General has reason to believe a person 208
violated or is violating this section, the Attorney General, 209
acting in the public interest, may do any of the following: 210
1. Enjoin an action that constitutes a violation of this 211
section by issuing a temporary restraining order or preliminary 212
or permanent injunction. 213
2. Bring an action to recover from the alleged violator a 214
civil penalty not to exceed $5,000 per violation and not to 215
exceed a total of $50,000 in aggregate, as determined by the 216
court. 217
3. Bring an action to recover from the alleged violator 218
the Attorney General's reasonable expenses, investigative costs, 219
and attorney fees. 220
4. Bring an action to obtain other appropriate relief as 221
provided for under this section. 222
(b) The Attorney General, in addition to other powers 223
conferred upon him or her by this subsection, may issue 224
subpoenas to any person and conduct hearings in aid of any 225
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investigation or inquiry. 226
(c) The Attorney General may seek the revocation of any 227
license or certificate authorizing a manufacturer to engage in 228
business in this state. 229
(d) For purposes of assessing a penalty under this 230
section, a manufacturer is considered to have committed a 231
separate violation for each device manufactured on or after 232
January 1, 2025, which violates this section. 233
(6) CIVIL ACTION BY THE PARENT OR LEGAL GUARDIAN. — 234
(a) Any parent or legal guardian of a minor who accesses 235
content that is harmful to minors in violation of this section 236
may bring a private cause of action in any court of competent 237
jurisdiction against a manufacturer that failed to comply with 238
this section. A prevailing plaintiff may recover any of the 239
following: 240
1. Actual damages or, in the discretion of the court when 241
actual damages are difficult to ascertain due to the nature of 242
the injury, liquidated damages in the amount of $50,000 for each 243
violation. 244
2. When a violation is found to be know ing and willful, 245
punitive damages in an amount determined by the court. 246
3. Nominal damages. 247
4. Such other relief as the court deems appropriate, 248
including court costs and expenses. 249
5. For a prevailing plaintiff, the collection of attorney 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fees against a violating manufacturer. 251
(b) This section does not preclude the bringing of a class 252
action lawsuit against a manufacturer when its conduct in 253
violation of this section is knowing and willful. 254
(c) Any parent or legal guardian of a child may bring an 255
action in a court of competent jurisdiction against any person 256
who is not the parent or legal guardian of the child and who 257
enables the password to remove the filter from a device in the 258
possession of the child which results in the child's exposure to 259
content that is harmful to minors. 260
(7) CRIMINAL PENALTIES. — 261
(a) Beginning on January 1, 2025, a person, with the 262
exception of a parent or legal guardian, may not enable the 263
password to remove the filter on a device in the possession of a 264
minor. 265
(b) A person who violates paragraph (a) is subject to a 266
fine not to exceed $5,000 for a first offense and not to exceed 267
$50,000 for a second offense. However, a person who violates 268
paragraph (a) for a second or subsequent time within 1 year of 269
the first violation c ommits a misdemeanor of the first degree, 270
punishable as provided in s. 775.082 or s. 775.083. 271
Section 3. Subsection (2) of section 787.025, Florida 272
Statutes, is amended to read: 273
787.025 Luring or enticing a child. — 274
(2)(a) A person 18 years of age o r older who intentionally 275
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lures or entices, or attempts to lure or entice, a child under 276
the age of 12 into a structure, dwelling, or conveyance for 277
other than a lawful purpose commits a felony misdemeanor of the 278
third first degree, punishable as provided in s. 775.082, or s. 279
775.083, or s. 775.084. 280
(b) A person 18 years of age or older who, having been 281
previously convicted of a violation of paragraph (a), 282
intentionally lures or entices, or attempts to lure or entice, a 283
child under the age of 12 into a st ructure, dwelling, or 284
conveyance for other than a lawful purpose commits a felony of 285
the second third degree, punishable as provided in s. 775.082, 286
s. 775.083, or s. 775.084. 287
(c) A person 18 years of age or older who, having been 288
previously convicted of a violation of chapter 794, s. 800.04, 289
or s. 847.0135(5), or a violation of a similar law of another 290
jurisdiction, intentionally lures or entices, or attempts to 291
lure or entice, a child under the age of 12 into a structure, 292
dwelling, or conveyance for othe r than a lawful purpose commits 293
a felony of the second third degree, punishable as provided in 294
s. 775.082, s. 775.083, or s. 775.084. 295
Section 4. Section 827.12, Florida Statutes, is created to 296
read: 297
827.12 Harmful communication with a minor; penalty .— 298
(1) As used in this section, the term: 299
(a) "Inappropriate relationship" means a relationship in 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which a person 18 years of age or older engages in communication 301
with a minor which is explicit and includes detailed verbal 302
descriptions or narrative ac counts of sexual conduct as defined 303
in s. s. 847.001 or sexual excitement for the purpose of sexual 304
excitement of either party using a computer online service, 305
Internet service, local bulletin board service, or any other 306
means or device capable of electron ic data storage or 307
transmission. 308
(b) "Sexual excitement" has the same meaning as in s. 309
847.001. 310
(2)(a) A person 18 years of age or older may not knowingly 311
engage in any communication that is part of a pattern of 312
communication or behavior that is: 313
1. Designed to maintain an inappropriate relationship with 314
a minor or another person believed by the person to be a minor; 315
or 316
2. Harmful to minors as defined in s. 847.001. 317
(b) A person 18 years of age or older may not knowingly 318
use a computer online serv ice, Internet service, local bulletin 319
board service, or any other means or device capable of 320
electronic data storage or transmission to seduce, solicit, 321
lure, or entice, or attempt to seduce, solicit, lure, or entice, 322
a minor or another person believed by the person to be a minor 323
to share an image or a recorded image depicting nudity of the 324
minor for the sexual excitement of either party. As used in this 325
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paragraph, nudity has the same meaning as in s. 847.001. 326
(c) A person who violates this subsection com mits the 327
offense of harmful communication with a minor. 328
(3)(a) Except as provided in paragraph (b), a person who 329
violates this section commits a felony of the third degree, 330
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 331
(b) A person who violates this section with a minor who is 332
younger than 12 years of age commits a felony of the second 333
degree, punishable as provided in s. 775.082, s. 775.083, or s. 334
775.084. 335
(4) This section does not apply to any act of medical 336
diagnosis, treatment, or educational conversations by a parent, 337
caregiver, or educator for the purposes of sexual education, and 338
not intended to elicit sexual excitement. 339
Section 5. Paragraphs (c) and (e) of subsection (3) of 340
section 921.0022, Florida Statutes, are amended to read: 341
921.0022 Criminal Punishment Code; offense severity 342
ranking chart.— 343
(3) OFFENSE SEVERITY RANKING CHART 344
(c) LEVEL 3 345
346
Florida
Statute
Felony
Degree Description
347
119.10(2)(b) 3rd Unlawful use of
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confidential information
from police reports.
348
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
349
316.193(2)(b) 3rd Felony DUI, 3rd
conviction.
350
316.1935(2) 3rd Fleeing or attempting to
elude law enforcement
officer in patrol vehicle
with siren and lights
activated.
351
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
352
319.33(1)(a) 3rd Alter or forge any
certificate of title to a
motor vehicle or mobile
home.
353
319.33(1)(c) 3rd Procure or pass title
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on stolen vehicle.
354
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
355
327.35(2)(b) 3rd Felony BUI.
356
328.05(2) 3rd Possess, sell, or
counterfeit fictitious,
stolen, or fraudulent titles
or bills of sale of vessels.
357
328.07(4) 3rd Manufacture, exchange, or
possess vessel with
counterfeit or wrong ID
number.
358
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
359
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
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destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in violation
of the Marine Turtle Protection
Act.
360
379.2431
(1)(e)6.
3rd Possessing any marine turtle
species or hatchling, or
parts thereof, or the nest
of any marine turtle species
described in the Marine
Turtle Protection Act.
361
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine
Turtle Protection Act.
362
400.9935(4)(a)
or (b)
3rd Operating a clinic, or
offering services
requiring licensure,
without a license.
363
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400.9935(4)(e) 3rd Filing a false license
application or other
required information or
failing to report
information.
364
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such
a report.
365
501.001(2)(b) 2nd Tampers with a consumer
product or the container using
materially false/misleading
information.
366
624.401(4)(a) 3rd Transacting insurance
without a certificate of
authority.
367
624.401(4)(b)1. 3rd Transacting insurance
without a certificate
of authority; premium
collected less than
$20,000.
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368
626.902(1)(a) &
(b)
3rd Representing an
unauthorized insurer.
369
697.08 3rd Equity skimming.
370
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
371
794.053 3rd Lewd or lascivious written
solicitation of a person 16 or
17 years of age by a person 24
years of age or older.
372
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
373
806.10(2) 3rd Interferes with or assaults
firefighter in performance
of duty.
374
810.09(2)(c) 3rd Trespass on property
other than structure or
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conveyance armed with
firearm or dangerous
weapon.
375
812.014(2)(c)2. 3rd Grand theft; $5,000
or more but less
than $10,000.
376
812.0145(2)(c) 3rd Theft from person
65 years of age or
older; $300 or more
but less than
$10,000.
377
812.015(8)(b) 3rd Retail theft with
intent to sell;
conspires with others.
378
812.081(2) 3rd Theft of a trade
secret.
379
815.04(4)(b) 2nd Computer offense
devised to defraud or
obtain property.
380
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817.034(4)(a)3. 3rd Engages in scheme to
defraud (Florida
Communications Fraud Act),
property valued at less
than $20,000.
381
817.233 3rd Burning to defraud
insurer.
382
817.234
(8)(b) & (c)
3rd Unlawful solicitation of persons
involved in motor vehicle
accidents.
383
817.234(11)(a) 3rd Insurance fraud;
property value less
than $20,000.
384
817.236 3rd Filing a false motor vehicle
insurance application.
385
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
386
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817.413(2) 3rd Sale of used goods
of $1,000 or more
as new.
387
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing
great bodily harm,
permanent disfigurement, or
permanent disability.
388
827.12(3)(a) 3rd Harmful communication with a
minor who is 12 years of age
or older.
389
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment
instrument with intent to
defraud.
390
831.29 2nd Possession of instruments for
counterfeiting driver licenses or
identification cards.
391
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
836.13(2) 3rd Person who promotes an
altered sexual depiction of
an identifiable person
without consent.
392
838.021(3)(b) 3rd Threatens unlawful
harm to public
servant.
393
860.15(3) 3rd Overcharging for repairs and
parts.
394
870.01(2) 3rd Riot.
395
870.01(4) 3rd Inciting a riot.
396
893.13(1)(a)2. 3rd Sell, manufacture, or
deliver cannabis (or other
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3.,
(2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
drugs).
397
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.13(1)(d)2. 2nd Sell, manufacture, or
deliver s. 893.03(1)(c),
(2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8.,
(2)(c)9., (2)(c)10., (3),
or (4) drugs within 1,000
feet of university.
398
893.13(1)(f)2. 2nd Sell, manufacture, or
deliver s. 893.03(1)(c),
(2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8.,
(2)(c)9., (2)(c)10., (3),
or (4) drugs within 1,000
feet of public housing
facility.
399
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other
controlled substances.
400
893.13(6)(a) 3rd Possession of any
controlled substance
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other than felony
possession of cannabis.
401
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding
previous receipt of or
prescription for a
controlled substance.
402
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
403
893.13(7)(a)10. 3rd Affix false or forged
label to package of
controlled substance.
404
893.13(7)(a)11. 3rd Furnish false or
fraudulent material
information on any
document or record
required by chapter
893.
405
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations
in or related to the
practitioner's practice.
406
893.13(8)(a)2. 3rd Employ a trick or scheme in
the practitioner's practice
to assist a patient, other
person, or owner of an
animal in obtaining a
controlled substance.
407
893.13(8)(a)3. 3rd Knowingly write a
prescription for a
controlled substance for
a fictitious person.
408
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or
an animal if the sole
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purpose of writing the
prescription is a monetary
benefit for the
practitioner.
409
918.13(1) 3rd Tampering with or
fabricating physical
evidence.
410
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
411
944.47(1)(c) 2nd Possess contraband while
upon the grounds of a
correctional institution.
412
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
413
(e) LEVEL 5 414
415
Florida
Statute
Felony
Degree Description
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
416
316.027(2)(a) 3rd Accidents involving
personal injuries
other than serious
bodily injury, failure
to stop; leaving
scene.
417
316.1935(4)(a) 2nd Aggravated fleeing or
eluding.
418
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
419
322.34(6) 3rd Careless operation of
motor vehicle with
suspended license,
resulting in death or
serious bodily injury.
420
327.30(5) 3rd Vessel accidents
involving personal
injury; leaving scene.
421
379.365(2)(c)1. 3rd Violation of rules relating
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
422
379.367(4) 3rd Willful molestation of a
commercial harvester's
spiny lobster trap, line,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or buoy.
423
379.407(5)(b)3. 3rd Possession of 100 or
more undersized spiny
lobsters.
424
381.0041(11)(b) 3rd Donate blood,
plasma, or organs
knowing HIV
positive.
425
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
426
440.105(5) 2nd Unlawful solicitation for
the purpose of making
workers' compensation
claims.
427
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose
of avoiding or reducing
workers' compensation
premiums.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
428
624.401(4)(b)2. 2nd Transacting insurance
without a certificate
or authority; premium
collected $20,000 or
more but less than
$100,000.
429
626.902(1)(c) 2nd Representing an
unauthorized insurer;
repeat offender.
430
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
431
790.162 2nd Threat to throw or discharge
destructive device.
432
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of
firearms in violent manner.
433
790.221(1) 2nd Possession of short-
barreled shotgun or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
machine gun.
434
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
435
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
436
800.04(6)(c) 3rd Lewd or lascivious
conduct; offender less
than 18 years of age.
437
800.04(7)(b) 2nd Lewd or lascivious
exhibition; offender 18
years of age or older.
438
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with
intent to damage any
structure or property.
439
812.0145(2)(b) 2nd Theft from person
65 years of age or
older; $10,000 or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
more but less than
$50,000.
440
812.015
(8)(a) & (c)-(e)
3rd Retail theft; property
stolen is valued at $750 or
more and one or more
specified acts.
441
812.015(8)(f) 3rd Retail theft; multiple
thefts within
specified period.
442
812.019(1) 2nd Stolen property; dealing in
or trafficking in.
443
812.081(3) 2nd Trafficking in trade
secrets.
444
812.131(2)(b) 3rd Robbery by sudden
snatching.
445
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
446
817.034(4)(a)2. 2nd Communications fraud,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
value $20,000 to $50,000.
447
827.12(3)(b) 2nd Harmful communication with a
minor younger than 12 years
of age.
448
817.234(11)(b) 2nd Insurance fraud;
property value
$20,000 or more but
less than $100,000.
449
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 entit y.
450
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of personal identification
information of 10 or more
persons.
451
817.611(2)(a) 2nd Traffic in or possess 5
to 14 counterfeit credit
cards or related
documents.
452
817.625(2)(b) 2nd Second or subsequent
fraudulent use of
scanning device,
skimming device, or
reencoder.
453
825.1025(4) 3rd Lewd or lascivious
exhibition in the
presence of an elderly
person or disabled adult.
454
827.071(4) 2nd Possess with intent to
promote any photographic
material, motion picture,
etc., which includes child
pornography.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
456
828.12(2) 3rd Tortures any animal with
intent to inflict
intense pain, serious
physical injury, or
death.
457
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
458
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.
459
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
843.01(1) 3rd Resist officer with
violence to person;
resist arrest with
violence.
460
847.0135(5)(b) 2nd Lewd or lascivious
exhibition using
computer; offender 18
years or older.
461
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
462
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
463
874.05(1)(b) 2nd Encouraging or recruiting
another to join a
criminal gang; second or
subsequent offense.
464
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of
age to join a criminal
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
gang.
465
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)5. drugs).
466
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)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (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.
467
893.13(1)(d)1. 1st Sell, manufacture, or
deliver cocaine (or other
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b), or
(2)(c)5. drugs) within
1,000 feet of university.
468
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)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
within 1,000 feet of
property used for
religious services or a
specified business site.
469
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)5. drugs) within
1,000 feet of public
housing facility.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
470
893.13(4)(b) 2nd Use or hire of minor;
deliver to minor other
controlled substance.
471
893.1351(1) 3rd Ownership, lease, or rental
for trafficking in or
manufacturing of controlled
substance.
472
Section 6. Paragraph (h) of subsection (1) of section 473
943.0435, Florida Statutes, is amended to read: 474
943.0435 Sexual offenders required to register with the 475
department; penalty. — 476
(1) As used in this section, the term: 477
(h)1. "Sexual offender" means a person who meets the 478
criteria in sub-subparagraph a., sub -subparagraph b., sub -479
subparagraph c., or sub -subparagraph d., as follows: 480
a.(I) Has been convicted of committing, or attempting, 481
soliciting, or conspiring to commit, any of the criminal 482
offenses proscribed in the following statutes in this state or 483
similar offenses in another jurisdiction: s. 393.135(2); s. 484
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 485
the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 486
s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 487
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 488
810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 847.0133; s. 489
847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 490
847.0145; s. 895.03, if the court makes a written finding that 491
the racketeering activity involved at least one sexual offense 492
listed in this sub-sub-subparagraph or at least one offense 493
listed in this sub-sub-subparagraph with sexual intent or 494
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 495
committed in this state which has been redesignated from a 496
former statute number to one of those listed in this sub -sub-497
subparagraph; and 498
(II) Has been released on or after October 1, 1997, from a 499
sanction imposed for any conviction of an offense described in 500
sub-sub-subparagraph (I) and does not otherwise meet the 501
criteria for registration as a sexual offender under chapt er 944 502
or chapter 985. For purposes of this sub -sub-subparagraph, a 503
sanction imposed in this state or in any other jurisdiction 504
means probation, community control, parole, conditional release, 505
control release, or incarceration in a state prison, federal 506
prison, private correctional facility, or local detention 507
facility. If no sanction is imposed, the person is deemed to be 508
released upon conviction; 509
b. Establishes or maintains a residence in this state and 510
who has not been designated as a sexual predator b y a court of 511
this state but who has been designated as a sexual predator, as 512
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a sexually violent predator, or by another sexual offender 513
designation in another state or jurisdiction and was, as a 514
result of such designation, subjected to registration or 515
community or public notification, or both, or would be if the 516
person were a resident of that state or jurisdiction, without 517
regard to whether the person otherwise meets the criteria for 518
registration as a sexual offender; 519
c. Establishes or maintains a residence in this state who 520
is in the custody or control of, or under the supervision of, 521
any other state or jurisdiction as a result of a conviction for 522
committing, or attempting, soliciting, or conspiring to commit, 523
any of the criminal offenses proscribed in the following 524
statutes or similar offense in another jurisdiction: s. 525
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 526
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 527
(d), (f), or (g); former s. 787.0 6(3)(h); s. 794.011, excluding 528
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 529
s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 530
847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 531
847.0138; s. 847.0145; s. 895.0 3, if the court makes a written 532
finding that the racketeering activity involved at least one 533
sexual offense listed in this sub -subparagraph or at least one 534
offense listed in this sub -subparagraph with sexual intent or 535
motive; s. 916.1075(2); or s. 985.701( 1); or any similar offense 536
committed in this state which has been redesignated from a 537
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
former statute number to one of those listed in this sub -538
subparagraph; or 539
d. On or after July 1, 2007, has been adjudicated 540
delinquent for committing, or attempting, so liciting, or 541
conspiring to commit, any of the criminal offenses proscribed in 542
the following statutes in this state or similar offenses in 543
another jurisdiction when the juvenile was 14 years of age or 544
older at the time of the offense: 545
(I) Section 794.011, excluding s. 794.011(10); 546
(II) Section 800.04(4)(a)2. where the victim is under 12 547
years of age or where the court finds sexual activity by the use 548
of force or coercion; 549
(III) Section 800.04(5)(c)1. where the court finds 550
molestation involving unclothe d genitals; 551
(IV) Section 800.04(5)(d) where the court finds the use of 552
force or coercion and unclothed genitals; or 553
(V) Any similar offense committed in this state which has 554
been redesignated from a former statute number to one of those 555
listed in this sub-subparagraph. 556
2. For all qualifying offenses listed in sub -subparagraph 557
1.d., the court shall make a written finding of the age of the 558
offender at the time of the offense. 559
560
For each violation of a qualifying offense listed in this 561
subsection, except for a violation of s. 794.011, the court 562
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall make a written finding of the age of the victim at the 563
time of the offense. For a violation of s. 800.04(4), the court 564
shall also make a written finding indicating whether the offense 565
involved sexual activity and indicating whether the offense 566
involved force or coercion. For a violation of s. 800.04(5), the 567
court shall also make a written finding that the offense did or 568
did not involve unclothed genitals or genital area and that the 569
offense did or did not invol ve the use of force or coercion. 570
Section 7. Paragraph (f) of subsection (1) of section 571
944.606, Florida Statutes, is amended to read: 572
944.606 Sexual offenders; notification upon release. — 573
(1) As used in this section, the term: 574
(f) "Sexual offende r" means a person who has been 575
convicted of committing, or attempting, soliciting, or 576
conspiring to commit, any of the criminal offenses proscribed in 577
the following statutes in this state or similar offenses in 578
another jurisdiction: s. 393.135(2); s. 394.4 593(2); s. 787.01, 579
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 580
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 581
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 582
former s. 796.035; s. 800.04; s. 810.145(8); s. 82 5.1025; s. 583
827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 584
847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 585
if the court makes a written finding that the racketeering 586
activity involved at least one sexual offense listed in this 587
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paragraph or at least one offense listed in this paragraph with 588
sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 589
any similar offense committed in this state which has been 590
redesignated from a former statute number to one of those listed 591
in this subsection, when the department has received verified 592
information regarding such conviction; an offender's 593
computerized criminal history record is not, in and of itself, 594
verified information. 595
Section 8. Paragraph (f) of subsection (1) of section 596
944.607, Florida Statutes, is amended to read: 597
944.607 Notification to Department of Law Enforcement of 598
information on sexual offenders. — 599
(1) As used in this section, the term: 600
(f) "Sexual offender" means a person who is in the custody 601
or control of, or und er the supervision of, the department or is 602
in the custody of a private correctional facility: 603
1. On or after October 1, 1997, as a result of a 604
conviction for committing, or attempting, soliciting, or 605
conspiring to commit, any of the criminal offenses pr oscribed in 606
the following statutes in this state or similar offenses in 607
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 608
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 609
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 610
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 611
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 612
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 613
847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 614
if the court makes a written finding that the racketeering 615
activity involved at least one sexual offense listed in this 616
subparagraph or at least one offense listed in this subparagraph 617
with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 618
or any similar offense committed in this state which has been 619
redesignated from a former statute number to one of those listed 620
in this paragraph; or 621
2. Who establishes or maintains a residence in this state 622
and who has not been designated as a sexual predator by a co urt 623
of this state but who has been designated as a sexual predator, 624
as a sexually violent predator, or by another sexual offender 625
designation in another state or jurisdiction and was, as a 626
result of such designation, subjected to registration or 627
community or public notification, or both, or would be if the 628
person were a resident of that state or jurisdiction, without 629
regard as to whether the person otherwise meets the criteria for 630
registration as a sexual offender. 631
Section 9. For the purpose of incorpor ating the amendment 632
made by this act to section 943.0435, Florida Statutes, in 633
references thereto, paragraph (c) of subsection (2) and 634
paragraph (c) of subsection (9) of section 61.13, Florida 635
Statutes, are reenacted to read: 636
61.13 Support of children; p arenting and time-sharing; 637
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powers of court.— 638
(2) 639
(c) The court shall determine all matters relating to 640
parenting and time-sharing of each minor child of the parties in 641
accordance with the best interests of the child and in 642
accordance with the Uniform Ch ild Custody Jurisdiction and 643
Enforcement Act, except that modification of a parenting plan 644
and time-sharing schedule requires a showing of a substantial 645
and material change of circumstances. 646
1. It is the public policy of this state that each minor 647
child has frequent and continuing contact with both parents 648
after the parents separate or the marriage of the parties is 649
dissolved and to encourage parents to share the rights and 650
responsibilities, and joys, of childrearing. Unless otherwise 651
provided in this sec tion or agreed to by the parties, there is a 652
rebuttable presumption that equal time -sharing of a minor child 653
is in the best interests of the minor child. To rebut this 654
presumption, a party must prove by a preponderance of the 655
evidence that equal time -sharing is not in the best interests of 656
the minor child. Except when a time -sharing schedule is agreed 657
to by the parties and approved by the court, the court must 658
evaluate all of the factors set forth in subsection (3) and make 659
specific written findings of fact when creating or modifying a 660
time-sharing schedule. 661
2. The court shall order that the parental responsibility 662
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for a minor child be shared by both parents unless the court 663
finds that shared parental responsibility would be detrimental 664
to the child. In determining detriment to the child, the court 665
shall consider: 666
a. Evidence of domestic violence, as defined in s. 741.28; 667
b. Whether either parent has or has had reasonable cause 668
to believe that he or she or his or her minor child or children 669
are or have been in imminent danger of becoming victims of an 670
act of domestic violence as defined in s. 741.28 or sexual 671
violence as defined in s. 784.046(1)(c) by the other parent 672
against the parent or against the child or children whom the 673
parents share in common re gardless of whether a cause of action 674
has been brought or is currently pending in the court; 675
c. Whether either parent has or has had reasonable cause 676
to believe that his or her minor child or children are or have 677
been in imminent danger of becoming victi ms of an act of abuse 678
as defined in s. 39.01(2), abandonment as defined in s. 679
39.01(1), or neglect as defined in s. 39.01(50) by the other 680
parent against the child or children whom the parents share in 681
common regardless of whether a cause of action has bee n brought 682
or is currently pending in the court; and 683
d. Any other relevant factors. 684
3. The following evidence creates a rebuttable presumption 685
that shared parental responsibility is detrimental to the child: 686
a. A parent has been convicted of a misdemeanor of the 687
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first degree or higher involving domestic violence, as defined 688
in s. 741.28 and chapter 775; 689
b. A parent meets the criteria of s. 39.806(1)(d); or 690
c. A parent has been convicted of or had adjudica tion 691
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 692
at the time of the offense: 693
(I) The parent was 18 years of age or older. 694
(II) The victim was under 18 years of age or the parent 695
believed the victim to be under 18 years of age. 696
697
If the presumption is not rebutted after the convicted parent is 698
advised by the court that the presumption exists, shared 699
parental responsibility, including time -sharing with the child, 700
and decisions made regarding the child, may not be granted to 701
the convicted parent. However, the convicted parent is not 702
relieved of any obligation to provide financial support. If the 703
court determines that shared parental responsibility would be 704
detrimental to the child, it may order sole parental 705
responsibility and make such arrangements for time -sharing as 706
specified in the parenting plan as will best protect the child 707
or abused spouse from further harm. Whether or not there is a 708
conviction of any offense of domestic violence or child abuse or 709
the existence of an injunction fo r protection against domestic 710
violence, the court shall consider evidence of domestic violence 711
or child abuse as evidence of detriment to the child. 712
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4. In ordering shared parental responsibility, the court 713
may consider the expressed desires of the parent s and may grant 714
to one party the ultimate responsibility over specific aspects 715
of the child's welfare or may divide those responsibilities 716
between the parties based on the best interests of the child. 717
Areas of responsibility may include education, health c are, and 718
any other responsibilities that the court finds unique to a 719
particular family. 720
5. The court shall order sole parental responsibility for 721
a minor child to one parent, with or without time -sharing with 722
the other parent if it is in the best interes ts of the minor 723
child. 724
6. There is a rebuttable presumption against granting 725
time-sharing with a minor child if a parent has been convicted 726
of or had adjudication withheld for an offense enumerated in s. 727
943.0435(1)(h)1.a., and at the time of the offense : 728
a. The parent was 18 years of age or older. 729
b. The victim was under 18 years of age or the parent 730
believed the victim to be under 18 years of age. 731
732
A parent may rebut the presumption upon a specific finding in 733
writing by the court that the parent pos es no significant risk 734
of harm to the child and that time -sharing is in the best 735
interests of the minor child. If the presumption is rebutted, 736
the court must consider all time -sharing factors in subsection 737
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(3) when developing a time -sharing schedule. 738
7. Access to records and information pertaining to a minor 739
child, including, but not limited to, medical, dental, and 740
school records, may not be denied to either parent. Full rights 741
under this subparagraph apply to either parent unless a court 742
order specifically revokes these rights, including any 743
restrictions on these rights as provided in a domestic violence 744
injunction. A parent having rights under this subparagraph has 745
the same rights upon request as to form, substance, and manner 746
of access as are available to the other parent of a child, 747
including, without limitation, the right to in -person 748
communication with medical, dental, and education providers. 749
(9) 750
(c) A court may not order visitation at a recovery 751
residence if any resident of the recovery residenc e is currently 752
required to register as a sexual predator under s. 775.21 or as 753
a sexual offender under s. 943.0435. 754
Section 10. For the purpose of incorporating the amendment 755
made by this act to section 943.0435, Florida Statutes, in 756
references thereto, paragraph (i) of subsection (3) and 757
subsection (6) of section 68.07, Florida Statutes, are reenacted 758
to read: 759
68.07 Change of name. — 760
(3) Each petition shall be verified and show: 761
(i) Whether the petitioner has ever been required to 762
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register as a sexual predator under s. 775.21 or as a sexual 763
offender under s. 943.0435. 764
(6) The clerk of the court must, within 5 business days 765
after the filing of the final judgment, send a report of the 766
judgment to the Department of Law Enforcement on a form to be 767
furnished by that department. If the petitioner is required to 768
register as a sexual predator or a sexual offender pursuant to 769
s. 775.21 or s. 943.0435, the clerk of court shall 770
electronically notify the Department of Law Enforcement of the 771
name change, in a manner prescribed by that department, within 2 772
business days after the filing of the final judgment. The 773
Department of Law Enforcement must send a copy of the report to 774
the Department of Highway Safety and Motor Vehicles, which may 775
be delivered by electron ic transmission. The report must contain 776
sufficient information to identify the petitioner, including the 777
results of the criminal history records check if applicable, the 778
new name of the petitioner, and the file number of the judgment. 779
The Department of Hi ghway Safety and Motor Vehicles shall 780
monitor the records of any sexual predator or sexual offender 781
whose name has been provided to it by the Department of Law 782
Enforcement. If the sexual predator or sexual offender does not 783
obtain a replacement driver lice nse or identification card 784
within the required time as specified in s. 775.21 or s. 785
943.0435, the Department of Highway Safety and Motor Vehicles 786
shall notify the Department of Law Enforcement. The Department 787
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of Law Enforcement shall notify applicable law enforcement 788
agencies of the predator's or offender's failure to comply with 789
registration requirements. Any information retained by the 790
Department of Law Enforcement and the Department of Highway 791
Safety and Motor Vehicles may be revised or supplemented by s aid 792
departments to reflect changes made by the final judgment. With 793
respect to a person convicted of a felony in another state or of 794
a federal offense, the Department of Law Enforcement must send 795
the report to the respective state's office of law enforceme nt 796
records or to the office of the Federal Bureau of Investigation. 797
The Department of Law Enforcement may forward the report to any 798
other law enforcement agency it believes may retain information 799
related to the petitioner. 800
Section 11. For the purpose o f incorporating the amendment 801
made by this act to section 943.0435, Florida Statutes, in a 802
reference thereto, paragraph (b) of subsection (1) of section 803
92.55, Florida Statutes, is reenacted to read: 804
92.55 Special protections in proceedings involving vic tim 805
or witness under 18, person with intellectual disability, or 806
sexual offense victim. — 807
(1) For purposes of this section, the term: 808
(b) "Sexual offense" means any offense specified in s. 809
775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 810
Section 12. For the purpose of incorporating the amendment 811
made by this act to section 943.0435, Florida Statutes, in a 812
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reference thereto, paragraph (b) of subsection (2) of section 813
98.0751, Florida Statutes, is reenacted to read: 814
98.0751 Restoration of voting rights; termination of 815
ineligibility subsequent to a felony conviction. — 816
(2) For purposes of this section, the term: 817
(b) "Felony sexual offense" means any of the following: 818
1. Any felony offense that serves as a predicate to 819
registration as a sexual offender in accordance with s. 820
943.0435; 821
2. Section 491.0112; 822
3. Section 784.049(3)(b); 823
4. Section 794.08; 824
5. Section 796.08; 825
6. Section 800.101; 826
7. Section 826.04; 827
8. Section 847.012; 828
9. Section 872.06(2); 829
10. Section 944.35(3)(b)2.; 830
11. Section 951.221(1); or 831
12. Any similar offense committed in another jurisdiction 832
which would be an offense listed in this paragraph if it had 833
been committed in violation of the laws of this state. 834
Section 13. For the purpose of incorporating the amendment 835
made by this act to section 943.0435, Florida Statutes, in a 836
reference thereto, subsection (2) of section 394.9125, Florida 837
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Statutes, is reenacted to read: 838
394.9125 State attorney; authority to refer a person for 839
civil commitment.— 840
(2) A state attorne y may refer a person to the department 841
for civil commitment proceedings if the person: 842
(a) Is required to register as a sexual offender pursuant 843
to s. 943.0435; 844
(b) Has previously been convicted of a sexually violent 845
offense as defined in s. 394.912(9) (a)-(h); and 846
(c) Has been sentenced to a term of imprisonment in a 847
county or municipal jail for any criminal offense. 848
Section 14. For the purpose of incorporating the amendment 849
made by this act to section 943.0435, Florida Statutes, in a 850
reference thereto, paragraph (b) of subsection (10) of section 851
397.487, Florida Statutes, is reenacted to read: 852
397.487 Voluntary certification of recovery residences. — 853
(10) 854
(b) A certified recovery residence may not allow a minor 855
child to visit a parent who is a resident of the recovery 856
residence at any time if any resident of the recovery residence 857
is currently required to register as a sexual predator under s. 858
775.21 or as a sexual offender under s. 943.0435. 859
Section 15. For the purpose of incorporating the amendment 860
made by this act to section 943.0435, Florida Statutes, in a 861
reference thereto, paragraph (b) of subsection (4) of section 862
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435.07, Florida Statutes, as amended by chapter 2023 -220, Laws 863
of Florida, is reenacted to read: 864
435.07 Exemptions from disqualification.—Unless otherwise 865
provided by law, the provisions of this section apply to 866
exemptions from disqualification for disqualifying offenses 867
revealed pursuant to background screenings required under this 868
chapter, regardless of whether those disq ualifying offenses are 869
listed in this chapter or other laws. 870
(4) 871
(b) Disqualification from employment or affiliation under 872
this chapter may not be removed from, nor may an exemption be 873
granted to, any person who is a: 874
1. Sexual predator as designated pursuant to s. 775.21; 875
2. Career offender pursuant to s. 775.261; or 876
3. Sexual offender pursuant to s. 943.0435, unless the 877
requirement to register as a sexual offender has been removed 878
pursuant to s. 943.04354. 879
Section 16. For the purpose of incor porating the amendment 880
made by this act to section 943.0435, Florida Statutes, in a 881
reference thereto, subsection (2) of section 775.0862, Florida 882
Statutes, is reenacted to read: 883
775.0862 Sexual offenses against students by authority 884
figures; reclassific ation.— 885
(2) The felony degree of a violation of an offense listed 886
in s. 943.0435(1)(h)1.a., unless the offense is a violation of 887
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s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified 888
as provided in this section if the offense is committed by an 889
authority figure of a school against a student of the school. 890
Section 17. For the purpose of incorporating the amendment 891
made by this act to section 943.0435, Florida Statutes, in a 892
reference thereto, paragraph (cc) of subsection (2) of section 893
900.05, Florida Statutes, is reenacted to read: 894
900.05 Criminal justice data collection. — 895
(2) DEFINITIONS.—As used in this section, the term: 896
(cc) "Sexual offender flag" means an indication that a 897
defendant was required to register as a sexual predator as 898
defined in s. 775.21 or as a sexual offender as defined in s. 899
943.0435. 900
Section 18. For the purpose of incorporating the amendment 901
made by this act to section 943.0435, Florida Statutes, in a 902
reference thereto, paragraph (m) of subsection (2) of sectio n 903
903.046, Florida Statutes, is reenacted to read: 904
903.046 Purpose of and criteria for bail determination. — 905
(2) When determining whether to release a defendant on 906
bail or other conditions, and what that bail or those conditions 907
may be, the court shall consider: 908
(m) Whether the defendant, other than a defendant whose 909
only criminal charge is a misdemeanor offense under chapter 316, 910
is required to register as a sexual offender under s. 943.0435 911
or a sexual predator under s. 775.21; and, if so, he or she is 912
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not eligible for release on bail or surety bond until the first 913
appearance on the case in order to ensure the full participation 914
of the prosecutor and the protection of the public. 915
Section 19. For the purpose of incorporating the amendment 916
made by this act to section 943.0435, Florida Statutes, in a 917
reference thereto, section 903.133, Florida Statutes, is 918
reenacted to read: 919
903.133 Bail on appeal; prohibited for certain felony 920
convictions.—Notwithstanding s. 903.132, no person shall be 921
admitted to bail pending review either by posttrial motion or 922
appeal if he or she was adjudged guilty of: 923
(1) A felony of the first degree for a violation of s. 924
782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 925
893.13, or s. 893.135; 926
(2) A violation of s. 794.011(2) or (3); or 927
(3) Any other offense requiring sexual offender 928
registration under s. 943.0435(1)(h) or sexual predator 929
registration under s. 775.21(4) when, at the time of the 930
offense, the offender was 18 years of age or older and the 931
victim was a minor. 932
Section 20. For the purpose of incorporating the amendment 933
made by this act to section 943.0435, Florida Statutes, in a 934
reference thereto, paragraph (b) of subsection (4) of section 935
907.043, Florida Statutes, is reenacted to read: 936
907.043 Pretrial release; citizens' right to know. — 937
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(4) 938
(b) The annual report must contain, but need not be 939
limited to: 940
1. The name, location, and funding sources of the pretrial 941
release program, including the amount of public funds, if any, 942
received by the pret rial release program. 943
2. The operating and capital budget of each pretrial 944
release program receiving public funds. 945
3.a. The percentage of the pretrial release program's 946
total budget representing receipt of public funds. 947
b. The percentage of the total budget which is allocated 948
to assisting defendants obtain release through a nonpublicly 949
funded program. 950
c. The amount of fees paid by defendants to the pretrial 951
release program. 952
4. The number of persons employed by the pretrial release 953
program. 954
5. The number of defendants assessed and interviewed for 955
pretrial release. 956
6. The number of defendants recommended for pretrial 957
release. 958
7. The number of defendants for whom the pretrial release 959
program recommended against nonsecured release. 960
8. The number of defendants granted nonsecured release 961
after the pretrial release program recommended nonsecured 962
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release. 963
9. The number of defendants assessed and interviewed for 964
pretrial release who were declared indigent by the court. 965
10. The number of defenda nts accepted into a pretrial 966
release program who paid a surety or cash bail or bond. 967
11. The number of defendants for whom a risk assessment 968
tool was used in determining whether the defendant should be 969
released pending the disposition of the case and the number of 970
defendants for whom a risk assessment tool was not used. 971
12. The specific statutory citation for each criminal 972
charge related to a defendant whose case is accepted into a 973
pretrial release program, including, at a minimum, the number of 974
defendants charged with dangerous crimes as defined in s. 975
907.041; nonviolent felonies; or misdemeanors only. A 976
"nonviolent felony" for purposes of this subparagraph excludes 977
the commission of, an attempt to commit, or a conspiracy to 978
commit any of the following: 979
a. An offense enumerated in s. 775.084(1)(c); 980
b. An offense that requires a person to register as a 981
sexual predator in accordance with s. 775.21 or as a sexual 982
offender in accordance with s. 943.0435; 983
c. Failure to register as a sexual predator in v iolation 984
of s. 775.21 or as a sexual offender in violation of s. 985
943.0435; 986
d. Facilitating or furthering terrorism in violation of s. 987
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775.31; 988
e. A forcible felony as described in s. 776.08; 989
f. False imprisonment in violation of s. 787.02; 990
g. Burglary of a dwelling or residence in violation of s. 991
810.02(3); 992
h. Abuse, aggravated abuse, and neglect of an elderly 993
person or disabled adult in violation of s. 825.102; 994
i. Abuse, aggravated abuse, and neglect of a child in 995
violation of s. 827.03; 996
j. Poisoning of food or water in violation of s. 859.01; 997
k. Abuse of a dead human body in violation of s. 872.06; 998
l. A capital offense in violation of chapter 893; 999
m. An offense that results in serious bodily injury or 1000
death to another human; or 1001
n. A felony offense in which the defendant used a weapon 1002
or firearm in the commission of the offense. 1003
13. The number of defendants accepted into a pretrial 1004
release program with no prior criminal conviction. 1005
14. The name and case number of each person granted 1006
nonsecured release who: 1007
a. Failed to attend a scheduled court appearance. 1008
b. Was issued a warrant for failing to appear. 1009
c. Was arrested for any offense while on release through 1010
the pretrial release program. 1011
15. Any additional information deemed ne cessary by the 1012
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governing body to assess the performance and cost efficiency of 1013
the pretrial release program. 1014
Section 21. For the purpose of incorporating the amendment 1015
made by this act to section 943.0435, Florida Statutes, in a 1016
reference thereto, para graph (d) of subsection (7) of section 1017
921.1425, Florida Statutes, is reenacted to read: 1018
921.1425 Sentence of death or life imprisonment for 1019
capital sexual battery; further proceedings to determine 1020
sentence.— 1021
(7) AGGRAVATING FACTORS. —Aggravating factors shall be 1022
limited to the following: 1023
(d) The capital felony was committed by a sexual offender 1024
who is required to register pursuant to s. 943.0435 or a person 1025
previously required to register as a sexual offender who had 1026
such requirement removed. 1027
Section 22. For the purpose of incorporating the amendment 1028
made by this act to section 943.0435, Florida Statutes, in a 1029
reference thereto, paragraph (a) of subsection (2) of section 1030
934.255, Florida Statutes, is reenacted to read: 1031
934.255 Subpoenas in investigations of sexual offenses. — 1032
(2) An investigative or law enforcement officer who is 1033
conducting an investigation into: 1034
(a) Allegations of the sexual abuse of a child or an 1035
individual's suspected commission of a crime listed in s. 1036
943.0435(1)(h)1.a.(I) may use a subpoena to compel the 1037
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production of records, documents, or other tangible objects and 1038
the testimony of the subpoena recipient concerning the 1039
production and authenticity of such records, documents, or 1040
objects, except as provided in paragrap hs (b) and (c). 1041
1042
A subpoena issued under this subsection must describe the 1043
records, documents, or other tangible objects required to be 1044
produced, and must prescribe a date by which such records, 1045
documents, or other tangible objects must be produced. 1046
Section 23. For the purpose of incorporating the amendment 1047
made by this act to section 943.0435, Florida Statutes, in a 1048
reference thereto, subsection (1) of section 938.10, Florida 1049
Statutes, is reenacted to read: 1050
938.10 Additional court cost imposed in cas es of certain 1051
crimes.— 1052
(1) If a person pleads guilty or nolo contendere to, or is 1053
found guilty of, regardless of adjudication, any offense against 1054
a minor in violation of s. 784.085, chapter 787, chapter 794, 1055
former s. 796.03, former s. 796.035, s. 800.0 4, chapter 827, s. 1056
847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, 1057
s. 893.147(3), or s. 985.701, or any offense in violation of s. 1058
775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1059
court shall impose a court cost of $151 agai nst the offender in 1060
addition to any other cost or penalty required by law. 1061
Section 24. For the purpose of incorporating the amendment 1062
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made by this act to section 943.0435, Florida Statutes, in a 1063
reference thereto, subsection (2) of section 943.0584, Fl orida 1064
Statutes, is reenacted to read: 1065
943.0584 Criminal history records ineligible for court -1066
ordered expunction or court -ordered sealing.— 1067
(2) A criminal history record is ineligible for a 1068
certificate of eligibility for expunction or a court -ordered 1069
expunction pursuant to s. 943.0585 or a certificate of 1070
eligibility for sealing or a court -ordered sealing pursuant to 1071
s. 943.059 if the record is a conviction for any of the 1072
following offenses: 1073
(a) Sexual misconduct, as defined in s. 393.135, s. 1074
394.4593, or s. 916.1075; 1075
(b) Illegal use of explosives, as defined in chapter 552; 1076
(c) Terrorism, as defined in s. 775.30; 1077
(d) Murder, as defined in s. 782.04, s. 782.065, or s. 1078
782.09; 1079
(e) Manslaughter or homicide, as defined in s. 782.07, s. 1080
782.071, or s. 782.072; 1081
(f) Assault or battery, as defined in ss. 784.011 and 1082
784.03, respectively, of one family or household member by 1083
another family or household member, as defined in s. 741.28(3); 1084
(g) Aggravated assault, as defined in s. 784.021; 1085
(h) Felony battery, domestic battery by strangulation, or 1086
aggravated battery, as defined in ss. 784.03, 784.041, and 1087
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784.045, respectively; 1088
(i) Stalking or aggravated stalking, as defined in s. 1089
784.048; 1090
(j) Luring or enticing a child, as defined in s. 787.025; 1091
(k) Human trafficking, as defined in s. 787.06; 1092
(l) Kidnapping or false imprisonment, as defined in s. 1093
787.01 or s. 787.02; 1094
(m) Any offense defined in chapter 794; 1095
(n) Procuring a person less than 18 years of age for 1096
prostitution, as defined in former s. 796.03; 1097
(o) Lewd or lascivious offenses committed upon or in the 1098
presence of persons less than 16 years of age, as defined in s. 1099
800.04; 1100
(p) Arson, as defined in s. 806.01; 1101
(q) Burglary of a dwelling, as defined in s. 810.02; 1102
(r) Voyeurism or video voyeurism, as defined in ss. 810.14 1103
and 810.145, respectively; 1104
(s) Robbery or robbery by sudden snatching, as defined in 1105
ss. 812.13 and 812.131, respectively; 1106
(t) Carjacking, as defined in s. 812.133; 1107
(u) Home-invasion robbery, as defined in s. 812.135; 1108
(v) A violation of the Florida Communications Fraud Act, 1109
as provided in s. 817.034; 1110
(w) Abuse of an elderly person or disabled adult, or 1111
aggravated abuse of an elderly person or disabled adult, as 1112
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defined in s. 825.102; 1113
(x) Lewd or lascivio us offenses committed upon or in the 1114
presence of an elderly person or disabled person, as defined in 1115
s. 825.1025; 1116
(y) Child abuse or aggravated child abuse, as defined in 1117
s. 827.03; 1118
(z) Sexual performance by a child, as defined in s. 1119
827.071; 1120
(aa) Any offense defined in chapter 839; 1121
(bb) Certain acts in connection with obscenity, as defined 1122
in s. 847.0133; 1123
(cc) Any offense defined in s. 847.0135; 1124
(dd) Selling or buying of minors, as defined in s. 1125
847.0145; 1126
(ee) Aircraft piracy, as defined in s . 860.16; 1127
(ff) Manufacturing a controlled substance in violation of 1128
chapter 893; 1129
(gg) Drug trafficking, as defined in s. 893.135; or 1130
(hh) Any violation specified as a predicate offense for 1131
registration as a sexual predator pursuant to s. 775.21, or 1132
sexual offender pursuant to s. 943.0435, without regard to 1133
whether that offense alone is sufficient to require such 1134
registration. 1135
Section 25. For the purpose of incorporating the amendment 1136
made by this act to section 943.0435, Florida Statutes, in a 1137
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reference thereto, paragraph (a) of subsection (2) of section 1138
943.0595, Florida Statutes, is reenacted to read: 1139
943.0595 Automatic sealing of criminal history records; 1140
confidentiality of related court records. — 1141
(2) ELIGIBILITY.— 1142
(a) The department shall automatically seal a criminal 1143
history record that does not result from an indictment, 1144
information, or other charging document for a forcible felony as 1145
defined in s. 776.08 or for an offense enumerated in s. 1146
943.0435(1)(h)1.a.(I), if: 1147
1. An indictment, i nformation, or other charging document 1148
was not filed or issued in the case giving rise to the criminal 1149
history record. 1150
2. An indictment, information, or other charging document 1151
was filed in the case giving rise to the criminal history 1152
record, but was dismissed or nolle prosequi by the state 1153
attorney or statewide prosecutor or was dismissed by a court of 1154
competent jurisdiction as to all counts. However, a person is 1155
not eligible for automatic sealing under this section if the 1156
dismissal was pursuant to s. 91 6.145 or s. 985.19. 1157
3. A not guilty verdict was rendered by a judge or jury as 1158
to all counts. However, a person is not eligible for automatic 1159
sealing under this section if the defendant was found not guilty 1160
by reason of insanity. 1161
4. A judgment of acqui ttal was rendered by a judge as to 1162
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all counts. 1163
Section 26. For the purpose of incorporating the amendment 1164
made by this act to section 943.0435, Florida Statutes, in 1165
references thereto, paragraph (a) of subsection (4) and 1166
subsection (9) of section 944.6 07, Florida Statutes, are 1167
reenacted to read: 1168
944.607 Notification to Department of Law Enforcement of 1169
information on sexual offenders. — 1170
(4) A sexual offender, as described in this section, who 1171
is under the supervision of the Department of Corrections but is 1172
not incarcerated shall register with the Department of 1173
Corrections within 3 business days after sentencing for a 1174
registrable offense and otherwise provide information as 1175
required by this subsection. 1176
(a) The sexual offender shall provide his or her name; 1177
date of birth; social security number; race; sex; height; 1178
weight; hair and eye color; tattoos or other identifying marks; 1179
all electronic mail addresses and Internet identifiers required 1180
to be provided pursuant to s. 943.0435(4)(e); employment 1181
information required to be provided pursuant to s. 1182
943.0435(4)(e); all home telephone numbers and cellular 1183
telephone numbers required to be provided pursuant to s. 1184
943.0435(4)(e); the make, model, color, vehicle identification 1185
number (VIN), and license tag numbe r of all vehicles owned; 1186
permanent or legal residence and address of temporary residence 1187
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within the state or out of state while the sexual offender is 1188
under supervision in this state, including any rural route 1189
address or post office box; if no permanent or temporary 1190
address, any transient residence within the state; and address, 1191
location or description, and dates of any current or known 1192
future temporary residence within the state or out of state. The 1193
sexual offender shall also produce his or her passport, i f he or 1194
she has a passport, and, if he or she is an alien, shall produce 1195
or provide information about documents establishing his or her 1196
immigration status. The sexual offender shall also provide 1197
information about any professional licenses he or she has. Th e 1198
Department of Corrections shall verify the address of each 1199
sexual offender in the manner described in ss. 775.21 and 1200
943.0435. The department shall report to the Department of Law 1201
Enforcement any failure by a sexual predator or sexual offender 1202
to comply with registration requirements. 1203
(9) A sexual offender, as described in this section, who 1204
is under the supervision of the Department of Corrections but 1205
who is not incarcerated shall, in addition to the registration 1206
requirements provided in subsection (4), register and obtain a 1207
distinctive driver license or identification card in the manner 1208
provided in s. 943.0435(3), (4), and (5), unless the sexual 1209
offender is a sexual predator, in which case he or she shall 1210
register and obtain a distinctive driver license or 1211
identification card as required under s. 775.21. A sexual 1212
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offender who fails to comply with the requirements of s. 1213
943.0435 is subject to the penalties provided in s. 943.0435(9). 1214
Section 27. For the purpose of incorporating the amendment 1215
made by this act to section 943.0435, Florida Statutes, in a 1216
reference thereto, subsection (12) of section 947.1405, Florida 1217
Statutes, is reenacted to read: 1218
947.1405 Conditional release program. — 1219
(12) In addition to all other conditions imposed, for a 1220
releasee who is subject to conditional release for a crime that 1221
was committed on or after May 26, 2010, and who has been 1222
convicted at any time of committing, or attempting, soliciting, 1223
or conspiring to commit, any of the criminal offenses listed in 1224
s. 943.0435(1)(h)1.a.(I), or a similar offense in another 1225
jurisdiction against a victim who was under 18 years of age at 1226
the time of the offense, if the releasee has not received a 1227
pardon for any felony or similar law of another jurisdiction 1228
necessary for the operation of this subsection, if a conviction 1229
of a felony or similar law of another jurisdiction necessary for 1230
the operation of this subsection has not been set aside in any 1231
postconviction proceeding, or if the releasee has not been 1232
removed from the requirement to reg ister as a sexual offender or 1233
sexual predator pursuant to s. 943.04354, the commission must 1234
impose the following conditions: 1235
(a) A prohibition on visiting schools, child care 1236
facilities, parks, and playgrounds without prior approval from 1237
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the releasee's supervising officer. The commission may also 1238
designate additional prohibited locations to protect a victim. 1239
The prohibition ordered under this paragraph does not prohibit 1240
the releasee from visiting a school, child care facility, park, 1241
or playground for the sole purpose of attending a religious 1242
service as defined in s. 775.0861 or picking up or dropping off 1243
the releasee's child or grandchild at a child care facility or 1244
school. 1245
(b) A prohibition on distributing candy or other items to 1246
children on Halloween; wearing a Santa Claus costume, or other 1247
costume to appeal to children, on or preceding Christmas; 1248
wearing an Easter Bunny costume, or other costume to appeal to 1249
children, on or preceding Easter; entertaining at children's 1250
parties; or wearing a clown costum e without prior approval from 1251
the commission. 1252
Section 28. For the purpose of incorporating the amendment 1253
made by this act to section 943.0435, Florida Statutes, in a 1254
reference thereto, paragraph (b) of subsection (2) of section 1255
948.013, Florida Statute s, is reenacted to read: 1256
948.013 Administrative probation. — 1257
(2) 1258
(b) Effective for an offense committed on or after October 1259
1, 2017, a person is ineligible for placement on administrative 1260
probation if the person is sentenced to or is serving a term of 1261
probation or community control, regardless of the conviction or 1262
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adjudication, for committing, or attempting, conspiring, or 1263
soliciting to commit, any of the felony offenses described in s. 1264
775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a. 1265
Section 29. For the purpose of incorporating the amendment 1266
made by this act to section 943.0435, Florida Statutes, in a 1267
reference thereto, paragraph (f) of subsection (2) of section 1268
948.05, Florida Statutes, is reenacted to read: 1269
948.05 Court to admonish or commend pro bationer or 1270
offender in community control; graduated incentives. — 1271
(2) The department shall implement a system of graduated 1272
incentives to promote compliance with the terms of supervision, 1273
encourage educational achievement and stable employment, and 1274
prioritize the highest levels of supervision for probationers or 1275
offenders presenting the greatest risk of recidivism. 1276
(f) A probationer or offender in community control who is 1277
placed under supervision for committing or attempting, 1278
soliciting, or conspiring to commit a violation of any felony 1279
offense described in s. 775.21(4)(a)1.a. or b. or s. 1280
943.0435(1)(h)1.a., or who qualifies as a violent felony 1281
offender of special concern under s. 948.06(8)(b) is not 1282
eligible for any reduction of his or her term of superv ision 1283
under this section. 1284
Section 30. For the purpose of incorporating the amendment 1285
made by this act to section 943.0435, Florida Statutes, in a 1286
reference thereto, subsection (4) of section 948.06, Florida 1287
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Statutes, is reenacted to read: 1288
948.06 Violation of probation or community control; 1289
revocation; modification; continuance; failure to pay 1290
restitution or cost of supervision. — 1291
(4) Notwithstanding any other provision of this section, a 1292
felony probationer or an offender in community control who is 1293
arrested for violating his or her probation or community control 1294
in a material respect may be taken before the court in the 1295
county or circuit in which the probationer or offender was 1296
arrested. That court shall advise him or her of the charge of a 1297
violation and, if such charge is admitted, shall cause him or 1298
her to be brought before the court that granted the probation or 1299
community control. If the violation is not admitted by the 1300
probationer or offender, the court may commit him or her or 1301
release him or her w ith or without bail to await further 1302
hearing. However, if the probationer or offender is under 1303
supervision for any criminal offense proscribed in chapter 794, 1304
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1305
registered sexual predator or a regis tered sexual offender, or 1306
is under supervision for a criminal offense for which he or she 1307
would meet the registration criteria in s. 775.21, s. 943.0435, 1308
or s. 944.607 but for the effective date of those sections, the 1309
court must make a finding that the pro bationer or offender is 1310
not a danger to the public prior to release with or without 1311
bail. In determining the danger posed by the offender's or 1312
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probationer's release, the court may consider the nature and 1313
circumstances of the violation and any new offenses charged; the 1314
offender's or probationer's past and present conduct, including 1315
convictions of crimes; any record of arrests without conviction 1316
for crimes involving violence or sexual crimes; any other 1317
evidence of allegations of unlawful sexual conduct or the use of 1318
violence by the offender or probationer; the offender's or 1319
probationer's family ties, length of residence in the community, 1320
employment history, and mental condition; his or her history and 1321
conduct during the probation or community control supervisi on 1322
from which the violation arises and any other previous 1323
supervisions, including disciplinary records of previous 1324
incarcerations; the likelihood that the offender or probationer 1325
will engage again in a criminal course of conduct; the weight of 1326
the evidence against the offender or probationer; and any other 1327
facts the court considers relevant. The court, as soon as is 1328
practicable, shall give the probationer or offender an 1329
opportunity to be fully heard on his or her behalf in person or 1330
by counsel. After the he aring, the court shall make findings of 1331
fact and forward the findings to the court that granted the 1332
probation or community control and to the probationer or 1333
offender or his or her attorney. The findings of fact by the 1334
hearing court are binding on the court that granted the 1335
probation or community control. Upon the probationer or offender 1336
being brought before it, the court that granted the probation or 1337
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community control may revoke, modify, or continue the probation 1338
or community control or may place the probat ioner into community 1339
control as provided in this section. However, the probationer or 1340
offender shall not be released and shall not be admitted to 1341
bail, but shall be brought before the court that granted the 1342
probation or community control if any violation o f felony 1343
probation or community control other than a failure to pay costs 1344
or fines or make restitution payments is alleged to have been 1345
committed by: 1346
(a) A violent felony offender of special concern, as 1347
defined in this section; 1348
(b) A person who is on f elony probation or community 1349
control for any offense committed on or after the effective date 1350
of this act and who is arrested for a qualifying offense as 1351
defined in this section; or 1352
(c) A person who is on felony probation or community 1353
control and has previously been found by a court to be a 1354
habitual violent felony offender as defined in s. 775.084(1)(b), 1355
a three-time violent felony offender as defined in s. 1356
775.084(1)(c), or a sexual predator under s. 775.21, and who is 1357
arrested for committing a qualifyin g offense as defined in this 1358
section on or after the effective date of this act. 1359
Section 31. For the purpose of incorporating the amendment 1360
made by this act to section 943.0435, Florida Statutes, in a 1361
reference thereto, subsection (4) of section 948.30 , Florida 1362
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Statutes, is reenacted to read: 1363
948.30 Additional terms and conditions of probation or 1364
community control for certain sex offenses. —Conditions imposed 1365
pursuant to this section do not require oral pronouncement at 1366
the time of sentencing and shall be considered standard 1367
conditions of probation or community control for offenders 1368
specified in this section. 1369
(4) In addition to all other conditions imposed, for a 1370
probationer or community controllee who is subject to 1371
supervision for a crime that was co mmitted on or after May 26, 1372
2010, and who has been convicted at any time of committing, or 1373
attempting, soliciting, or conspiring to commit, any of the 1374
criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 1375
similar offense in another jurisdiction, again st a victim who 1376
was under the age of 18 at the time of the offense; if the 1377
offender has not received a pardon for any felony or similar law 1378
of another jurisdiction necessary for the operation of this 1379
subsection, if a conviction of a felony or similar law o f 1380
another jurisdiction necessary for the operation of this 1381
subsection has not been set aside in any postconviction 1382
proceeding, or if the offender has not been removed from the 1383
requirement to register as a sexual offender or sexual predator 1384
pursuant to s. 943.04354, the court must impose the following 1385
conditions: 1386
(a) A prohibition on visiting schools, child care 1387
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facilities, parks, and playgrounds, without prior approval from 1388
the offender's supervising officer. The court may also designate 1389
additional locations to protect a victim. The prohibition 1390
ordered under this paragraph does not prohibit the offender from 1391
visiting a school, child care facility, park, or playground for 1392
the sole purpose of attending a religious service as defined in 1393
s. 775.0861 or picking up or dropping off the offender's 1394
children or grandchildren at a child care facility or school. 1395
(b) A prohibition on distributing candy or other items to 1396
children on Halloween; wearing a Santa Claus costume, or other 1397
costume to appeal to children, on or preceding Christmas; 1398
wearing an Easter Bunny costume, or other costume to appeal to 1399
children, on or preceding Easter; entertaining at children's 1400
parties; or wearing a clown costume; without prior approval from 1401
the court. 1402
Section 32. For the purpose of incorporating the amendment 1403
made by this act to section 943.0435, Florida Statutes, in a 1404
reference thereto, subsection (9) of section 985.4815, Florida 1405
Statutes, is reenacted to read: 1406
985.4815 Notification to Department of Law Enforcement of 1407
information on juvenile sexual offenders. — 1408
(9) A sexual offender, as described in this section, who 1409
is under the care, jurisdiction, or supervision of the 1410
department but who is not incarcerated shall, in addition to the 1411
registration requirements provided in subsect ion (4), register 1412
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in the manner provided in s. 943.0435(3), (4), and (5), unless 1413
the sexual offender is a sexual predator, in which case he or 1414
she shall register as required under s. 775.21. A sexual 1415
offender who fails to comply with the requirements of s. 1416
943.0435 is subject to the penalties provided in s. 943.0435(9). 1417
Section 33. For the purpose of incorporating the amendment 1418
made by this act to section 943.0435, Florida Statutes, in a 1419
reference thereto, paragraph (b) of subsection (2) of section 1420
1012.467, Florida Statutes, is reenacted to read: 1421
1012.467 Noninstructional contractors who are permitted 1422
access to school grounds when students are present; background 1423
screening requirements. — 1424
(2) 1425
(b) A noninstructional contractor for whom a criminal 1426
history check is required under this section may not have been 1427
convicted of any of the following offenses designated in the 1428
Florida Statutes, any similar offense in another jurisdiction, 1429
or any similar offense committed in this state which has been 1430
redesignated from a former provision of the Florida Statutes to 1431
one of the following offenses: 1432
1. Any offense listed in s. 943.0435(1)(h)1., relating to 1433
the registration of an individual as a sexual offender. 1434
2. Section 393.135, relating to sexual misconduct wit h 1435
certain developmentally disabled clients and the reporting of 1436
such sexual misconduct. 1437
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3. Section 394.4593, relating to sexual misconduct with 1438
certain mental health patients and the reporting of such sexual 1439
misconduct. 1440
4. Section 775.30, relating to t errorism. 1441
5. Section 782.04, relating to murder. 1442
6. Section 787.01, relating to kidnapping. 1443
7. Any offense under chapter 800, relating to lewdness and 1444
indecent exposure. 1445
8. Section 826.04, relating to incest. 1446
9. Section 827.03, relating to child abuse, aggravated 1447
child abuse, or neglect of a child. 1448
Section 34. For the purpose of incorporating the amendment 1449
made by this act to section 944.607, Florida Statutes, in a 1450
reference thereto, subsection (7) of section 944.608, Florida 1451
Statutes, is reenacted to read: 1452
944.608 Notification to Department of Law Enforcement of 1453
information on career offenders. — 1454
(7) A career offender who is under the supervision of the 1455
department but who is not incarcerated shall, in addition to the 1456
registration requiremen ts provided in subsection (3), register 1457
in the manner provided in s. 775.261(4)(c), unless the career 1458
offender is a sexual predator, in which case he or she shall 1459
register as required under s. 775.21, or is a sexual offender, 1460
in which case he or she shall register as required in s. 1461
944.607. A career offender who fails to comply with the 1462
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requirements of s. 775.261(4) is subject to the penalties 1463
provided in s. 775.261(8). 1464
Section 35. For the purpose of incorporating the 1465
amendments made by this act to sect ions 944.606 and 944.607, 1466
Florida Statutes, in references thereto, subsection (3) and 1467
paragraph (a) of subsection (4) of section 943.0435, Florida 1468
Statutes, are reenacted to read: 1469
943.0435 Sexual offenders required to register with the 1470
department; penalty.— 1471
(3) Within 48 hours after the report required under 1472
subsection (2), a sexual offender shall report in person at a 1473
driver license office of the Department of Highway Safety and 1474
Motor Vehicles, unless a driver license or identification card 1475
that complies with the requirements of s. 322.141(3) was 1476
previously secured or updated under s. 944.607. At the driver 1477
license office the sexual offender shall: 1478
(a) If otherwise qualified, secure a Florida driver 1479
license, renew a Florida driver license, or secure a n 1480
identification card. The sexual offender shall identify himself 1481
or herself as a sexual offender who is required to comply with 1482
this section and shall provide proof that the sexual offender 1483
reported as required in subsection (2). The sexual offender 1484
shall provide any of the information specified in subsection 1485
(2), if requested. The sexual offender shall submit to the 1486
taking of a photograph for use in issuing a driver license, 1487
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renewed license, or identification card, and for use by the 1488
department in maintai ning current records of sexual offenders. 1489
(b) Pay the costs assessed by the Department of Highway 1490
Safety and Motor Vehicles for issuing or renewing a driver 1491
license or identification card as required by this section. The 1492
driver license or identification card issued must be in 1493
compliance with s. 322.141(3). 1494
(c) Provide, upon request, any additional information 1495
necessary to confirm the identity of the sexual offender, 1496
including a set of fingerprints. 1497
(4)(a) Each time a sexual offender's driver license o r 1498
identification card is subject to renewal, and, without regard 1499
to the status of the offender's driver license or identification 1500
card, within 48 hours after any change in the offender's 1501
permanent, temporary, or transient residence or change in the 1502
offender's name by reason of marriage or other legal process, 1503
the offender shall report in person to a driver license office, 1504
and is subject to the requirements specified in subsection (3). 1505
The Department of Highway Safety and Motor Vehicles shall 1506
forward to the department all photographs and information 1507
provided by sexual offenders. Notwithstanding the restrictions 1508
set forth in s. 322.142, the Department of Highway Safety and 1509
Motor Vehicles may release a reproduction of a color -photograph 1510
or digital-image license to the Department of Law Enforcement 1511
for purposes of public notification of sexual offenders as 1512
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provided in this section and ss. 943.043 and 944.606. A sexual 1513
offender who is unable to secure or update a driver license or 1514
an identification card with the D epartment of Highway Safety and 1515
Motor Vehicles as provided in subsection (3) and this subsection 1516
shall also report any change in the sexual offender's permanent, 1517
temporary, or transient residence or change in the offender's 1518
name by reason of marriage or ot her legal process within 48 1519
hours after the change to the sheriff's office in the county 1520
where the offender resides or is located and provide 1521
confirmation that he or she reported such information to the 1522
Department of Highway Safety and Motor Vehicles. The reporting 1523
requirements under this paragraph do not negate the requirement 1524
for a sexual offender to obtain a Florida driver license or an 1525
identification card as required in this section. 1526
Section 36. For the purpose of incorporating the 1527
amendments made by this act to sections 943.0435 and 944.607, 1528
Florida Statutes, in references thereto, subsection (4) of 1529
section 320.02, Florida Statutes, is reenacted to read: 1530
320.02 Registration required; application for 1531
registration; forms. — 1532
(4) Except as provided i n ss. 775.21, 775.261, 943.0435, 1533
944.607, and 985.4815, the owner of any motor vehicle registered 1534
in the state shall notify the department in writing of any 1535
change of address within 30 days of such change. The 1536
notification shall include the registration li cense plate 1537
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number, the vehicle identification number (VIN) or title 1538
certificate number, year of vehicle make, and the owner's full 1539
name. 1540
Section 37. For the purpose of incorporating the 1541
amendments made by this act to sections 943.0435 and 944.607, 1542
Florida Statutes, in references thereto, subsection (3) of 1543
section 322.141, Florida Statutes, is reenacted to read: 1544
322.141 Color or markings of certain licenses or 1545
identification cards. — 1546
(3) All licenses for the operation of motor vehicles or 1547
identification cards originally issued or reissued by the 1548
department to persons who are designated as sexual predators 1549
under s. 775.21 or subject to registration as sexual offenders 1550
under s. 943.0435 or s. 944.607, or who have a similar 1551
designation or are subject to a similar registration under the 1552
laws of another jurisdiction, shall have on the front of the 1553
license or identification card the following: 1554
(a) For a person designated as a sexual predator under s. 1555
775.21 or who has a similar designation under the laws of 1556
another jurisdiction, the marking "SEXUAL PREDATOR." 1557
(b) For a person subject to registration as a sexual 1558
offender under s. 943.0435 or s. 944.607, or subject to a 1559
similar registration under the laws of another jurisdiction, the 1560
marking "943.0435, F.S." 1561
Section 38. For the purpose of incorporating the 1562
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amendments made by this act to sections 943.0435 and 944.607, 1563
Florida Statutes, in references thereto, subsections (1) and (2) 1564
of section 322.19, Florida Statutes, are reenacted to read: 1565
322.19 Change of address or name. — 1566
(1) Except as provided in ss. 775.21, 775.261, 943.0435, 1567
944.607, and 985.4815, whenever any person, after applying for 1568
or receiving a driver license or identification card, changes 1569
his or her legal name, that person mus t within 30 days 1570
thereafter obtain a replacement license or card that reflects 1571
the change. 1572
(2) If a person, after applying for or receiving a driver 1573
license or identification card, changes the legal residence or 1574
mailing address in the application, licens e, or card, the person 1575
must, within 30 calendar days after making the change, obtain a 1576
replacement license or card that reflects the change. A written 1577
request to the department must include the old and new addresses 1578
and the driver license or identification card number. Any person 1579
who has a valid, current student identification card issued by 1580
an educational institution in this state is presumed not to have 1581
changed his or her legal residence or mailing address. This 1582
subsection does not affect any person requi red to register a 1583
permanent or temporary address change pursuant to s. 775.13, s. 1584
775.21, s. 775.25, or s. 943.0435. 1585
Section 39. For the purpose of incorporating the 1586
amendments made by this act to sections 943.0435 and 944.607, 1587
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Florida Statutes, in ref erences thereto, subsection (4) of 1588
section 775.13, Florida Statutes, is reenacted to read: 1589
775.13 Registration of convicted felons, exemptions; 1590
penalties.— 1591
(4) This section does not apply to an offender: 1592
(a) Who has had his or her civil rights restor ed; 1593
(b) Who has received a full pardon for the offense for 1594
which convicted; 1595
(c) Who has been lawfully released from incarceration or 1596
other sentence or supervision for a felony conviction for more 1597
than 5 years prior to such time for registration, unless the 1598
offender is a fugitive from justice on a felony charge or has 1599
been convicted of any offense since release from such 1600
incarceration or other sentence or supervision; 1601
(d) Who is a parolee or probationer under the supervision 1602
of the United States Parole Commission if the commission knows 1603
of and consents to the presence of the offender in Florida or is 1604
a probationer under the supervision of any federal probation 1605
officer in the state or who has been lawfully discharged from 1606
such parole or probation; 1607
(e) Who is a sexual predator and has registered as 1608
required under s. 775.21; 1609
(f) Who is a sexual offender and has registered as 1610
required in s. 943.0435 or s. 944.607; or 1611
(g) Who is a career offender who has registered as 1612
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required in s. 775.261 or s. 944.60 9. 1613
Section 40. For the purpose of incorporating the 1614
amendments made by this act to sections 943.0435 and 944.607, 1615
Florida Statutes, in references thereto, paragraph (d) of 1616
subsection (5), paragraph (f) of subsection (6), and paragraph 1617
(d) of subsection (10) of section 775.21, Florida Statutes, are 1618
reenacted to read: 1619
775.21 The Florida Sexual Predators Act. — 1620
(5) SEXUAL PREDATOR DESIGNATION. —An offender is designated 1621
as a sexual predator as follows: 1622
(d) A person who establishes or maintains a reside nce in 1623
this state and who has not been designated as a sexual predator 1624
by a court of this state but who has been designated as a sexual 1625
predator, as a sexually violent predator, or by another sexual 1626
offender designation in another state or jurisdiction and was, 1627
as a result of such designation, subjected to registration or 1628
community or public notification, or both, or would be if the 1629
person was a resident of that state or jurisdiction, without 1630
regard to whether the person otherwise meets the criteria for 1631
registration as a sexual offender, shall register in the manner 1632
provided in s. 943.0435 or s. 944.607 and shall be subject to 1633
community and public notification as provided in s. 943.0435 or 1634
s. 944.607. A person who meets the criteria of this section is 1635
subject to the requirements and penalty provisions of s. 1636
943.0435 or s. 944.607 until the person provides the department 1637
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with an order issued by the court that designated the person as 1638
a sexual predator, as a sexually violent predator, or by another 1639
sexual offender designation in the state or jurisdiction in 1640
which the order was issued which states that such designation 1641
has been removed or demonstrates to the department that such 1642
designation, if not imposed by a court, has been removed by 1643
operation of law or court order in the state or jurisdiction in 1644
which the designation was made, and provided such person no 1645
longer meets the criteria for registration as a sexual offender 1646
under the laws of this state. 1647
(6) REGISTRATION.— 1648
(f) Within 48 hours after the registrati on required under 1649
paragraph (a) or paragraph (e), a sexual predator who is not 1650
incarcerated and who resides in the community, including a 1651
sexual predator under the supervision of the Department of 1652
Corrections, shall register in person at a driver license o ffice 1653
of the Department of Highway Safety and Motor Vehicles and shall 1654
present proof of registration unless a driver license or an 1655
identification card that complies with the requirements of s. 1656
322.141(3) was previously secured or updated under s. 944.607. 1657
At the driver license office the sexual predator shall: 1658
1. If otherwise qualified, secure a Florida driver 1659
license, renew a Florida driver license, or secure an 1660
identification card. The sexual predator shall identify himself 1661
or herself as a sexual predat or who is required to comply with 1662
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this section, provide his or her place of permanent, temporary, 1663
or transient residence, including a rural route address and a 1664
post office box, and submit to the taking of a photograph for 1665
use in issuing a driver license, a renewed license, or an 1666
identification card, and for use by the department in 1667
maintaining current records of sexual predators. A post office 1668
box may not be provided in lieu of a physical residential 1669
address. If the sexual predator's place of residence is a motor 1670
vehicle, trailer, mobile home, or manufactured home, as defined 1671
in chapter 320, the sexual predator shall also provide to the 1672
Department of Highway Safety and Motor Vehicles the vehicle 1673
identification number; the license tag number; the registration 1674
number; and a description, including color scheme, of the motor 1675
vehicle, trailer, mobile home, or manufactured home. If a sexual 1676
predator's place of residence is a vessel, live -aboard vessel, 1677
or houseboat, as defined in chapter 327, the sexual predator 1678
shall also provide to the Department of Highway Safety and Motor 1679
Vehicles the hull identification number; the manufacturer's 1680
serial number; the name of the vessel, live -aboard vessel, or 1681
houseboat; the registration number; and a description, including 1682
color scheme, of the vessel, live -aboard vessel, or houseboat. 1683
2. Pay the costs assessed by the Department of Highway 1684
Safety and Motor Vehicles for issuing or renewing a driver 1685
license or an identification card as required by this section. 1686
The driver license o r identification card issued to the sexual 1687
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predator must comply with s. 322.141(3). 1688
3. Provide, upon request, any additional information 1689
necessary to confirm the identity of the sexual predator, 1690
including a set of fingerprints. 1691
(10) PENALTIES.— 1692
(d) Any person who misuses public records information 1693
relating to a sexual predator, as defined in this section, or a 1694
sexual offender, as defined in s. 943.0435 or s. 944.607, to 1695
secure a payment from such a predator or offender; who knowingly 1696
distributes or publishes false information relating to such a 1697
predator or offender which the person misrepresents as being 1698
public records information; or who materially alters public 1699
records information with the intent to misrepresent the 1700
information, including documents, summaries of public records 1701
information provided by law enforcement agencies, or public 1702
records information displayed by law enforcement agencies on 1703
websites or provided through other means of communication, 1704
commits a misdemeanor of the first degree, punis hable as 1705
provided in s. 775.082 or s. 775.083. 1706
Section 41. For the purpose of incorporating the 1707
amendments made by this act to sections 943.0435 and 944.607, 1708
Florida Statutes, in references thereto, paragraph (b) of 1709
subsection (3) of section 775.261, Florida Statutes, is 1710
reenacted to read: 1711
775.261 The Florida Career Offender Registration Act. — 1712
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(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER. — 1713
(b) This section does not apply to any person who has been 1714
designated as a sexual predator and require d to register under 1715
s. 775.21 or who is required to register as a sexual offender 1716
under s. 943.0435 or s. 944.607. However, if a person is no 1717
longer required to register as a sexual predator under s. 775.21 1718
or as a sexual offender under s. 943.0435 or s. 9 44.607, the 1719
person must register as a career offender under this section if 1720
the person is otherwise designated as a career offender as 1721
provided in this section. 1722
Section 42. For the purpose of incorporating the 1723
amendments made by this act to sections 94 3.0435 and 944.607, 1724
Florida Statutes, in references thereto, subsection (4) of 1725
section 948.06, Florida Statutes, is reenacted to read: 1726
948.06 Violation of probation or community control; 1727
revocation; modification; continuance; failure to pay 1728
restitution or cost of supervision. — 1729
(4) Notwithstanding any other provision of this section, a 1730
felony probationer or an offender in community control who is 1731
arrested for violating his or her probation or community control 1732
in a material respect may be taken before th e court in the 1733
county or circuit in which the probationer or offender was 1734
arrested. That court shall advise him or her of the charge of a 1735
violation and, if such charge is admitted, shall cause him or 1736
her to be brought before the court that granted the prob ation or 1737
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community control. If the violation is not admitted by the 1738
probationer or offender, the court may commit him or her or 1739
release him or her with or without bail to await further 1740
hearing. However, if the probationer or offender is under 1741
supervision for any criminal offense proscribed in chapter 794, 1742
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1743
registered sexual predator or a registered sexual offender, or 1744
is under supervision for a criminal offense for which he or she 1745
would meet the registration criteria in s. 775.21, s. 943.0435, 1746
or s. 944.607 but for the effective date of those sections, the 1747
court must make a finding that the probationer or offender is 1748
not a danger to the public prior to release with or without 1749
bail. In determining the danger posed by the offender's or 1750
probationer's release, the court may consider the nature and 1751
circumstances of the violation and any new offenses charged; the 1752
offender's or probationer's past and present conduct, including 1753
convictions of crimes; any reco rd of arrests without conviction 1754
for crimes involving violence or sexual crimes; any other 1755
evidence of allegations of unlawful sexual conduct or the use of 1756
violence by the offender or probationer; the offender's or 1757
probationer's family ties, length of resi dence in the community, 1758
employment history, and mental condition; his or her history and 1759
conduct during the probation or community control supervision 1760
from which the violation arises and any other previous 1761
supervisions, including disciplinary records of pr evious 1762
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incarcerations; the likelihood that the offender or probationer 1763
will engage again in a criminal course of conduct; the weight of 1764
the evidence against the offender or probationer; and any other 1765
facts the court considers relevant. The court, as soon a s is 1766
practicable, shall give the probationer or offender an 1767
opportunity to be fully heard on his or her behalf in person or 1768
by counsel. After the hearing, the court shall make findings of 1769
fact and forward the findings to the court that granted the 1770
probation or community control and to the probationer or 1771
offender or his or her attorney. The findings of fact by the 1772
hearing court are binding on the court that granted the 1773
probation or community control. Upon the probationer or offender 1774
being brought before it, the court that granted the probation or 1775
community control may revoke, modify, or continue the probation 1776
or community control or may place the probationer into community 1777
control as provided in this section. However, the probationer or 1778
offender shall not be released and shall not be admitted to 1779
bail, but shall be brought before the court that granted the 1780
probation or community control if any violation of felony 1781
probation or community control other than a failure to pay costs 1782
or fines or make restitution payme nts is alleged to have been 1783
committed by: 1784
(a) A violent felony offender of special concern, as 1785
defined in this section; 1786
(b) A person who is on felony probation or community 1787
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control for any offense committed on or after the effective date 1788
of this act and who is arrested for a qualifying offense as 1789
defined in this section; or 1790
(c) A person who is on felony probation or community 1791
control and has previously been found by a court to be a 1792
habitual violent felony offender as defined in s. 775.084(1)(b), 1793
a three-time violent felony offender as defined in s. 1794
775.084(1)(c), or a sexual predator under s. 775.21, and who is 1795
arrested for committing a qualifying offense as defined in this 1796
section on or after the effective date of this act. 1797
Section 43. For the pur pose of incorporating the 1798
amendments made by this act to sections 943.0435 and 944.607, 1799
Florida Statutes, in references thereto, section 948.063, 1800
Florida Statutes, is reenacted to read: 1801
948.063 Violations of probation or community control by 1802
designated sexual offenders and sexual predators. — 1803
(1) If probation or community control for any felony 1804
offense is revoked by the court pursuant to s. 948.06(2)(e) and 1805
the offender is designated as a sexual offender pursuant to s. 1806
943.0435 or s. 944.607 or as a sexu al predator pursuant to s. 1807
775.21 for unlawful sexual activity involving a victim 15 years 1808
of age or younger and the offender is 18 years of age or older, 1809
and if the court imposes a subsequent term of supervision 1810
following the revocation of probation or co mmunity control, the 1811
court must order electronic monitoring as a condition of the 1812
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subsequent term of probation or community control. 1813
(2) If the probationer or offender is required to register 1814
as a sexual predator under s. 775.21 or as a sexual offender 1815
under s. 943.0435 or s. 944.607 for unlawful sexual activity 1816
involving a victim 15 years of age or younger and the 1817
probationer or offender is 18 years of age or older and has 1818
violated the conditions of his or her probation or community 1819
control, but the cour t does not revoke the probation or 1820
community control, the court shall nevertheless modify the 1821
probation or community control to include electronic monitoring 1822
for any probationer or offender not then subject to electronic 1823
monitoring. 1824
Section 44. For the purpose of incorporating the 1825
amendments made by this act to sections 943.0435, 944.606, and 1826
944.607, Florida Statutes, in references thereto, subsection (2) 1827
of section 775.24, Florida Statutes, is reenacted to read: 1828
775.24 Duty of the court to uphold la ws governing sexual 1829
predators and sexual offenders. — 1830
(2) If a person meets the criteria in this chapter for 1831
designation as a sexual predator or meets the criteria in s. 1832
943.0435, s. 944.606, s. 944.607, or any other law for 1833
classification as a sexual off ender, the court may not enter an 1834
order, for the purpose of approving a plea agreement or for any 1835
other reason, which: 1836
(a) Exempts a person who meets the criteria for 1837
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designation as a sexual predator or classification as a sexual 1838
offender from such desig nation or classification, or exempts 1839
such person from the requirements for registration or community 1840
and public notification imposed upon sexual predators and sexual 1841
offenders; 1842
(b) Restricts the compiling, reporting, or release of 1843
public records informat ion that relates to sexual predators or 1844
sexual offenders; or 1845
(c) Prevents any person or entity from performing its 1846
duties or operating within its statutorily conferred authority 1847
as such duty or authority relates to sexual predators or sexual 1848
offenders. 1849
Section 45. For the purpose of incorporating the 1850
amendments made by this act to sections 943.0435, 944.606, and 1851
944.607, Florida Statutes, in references thereto, section 1852
775.25, Florida Statutes, is reenacted to read: 1853
775.25 Prosecutions for acts or o missions.—A sexual 1854
predator or sexual offender who commits any act or omission in 1855
violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 1856
944.607, or former s. 947.177 may be prosecuted for the act or 1857
omission in the county in which the act or omis sion was 1858
committed, in the county of the last registered address of the 1859
sexual predator or sexual offender, in the county in which the 1860
conviction occurred for the offense or offenses that meet the 1861
criteria for designating a person as a sexual predator or s exual 1862
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offender, in the county where the sexual predator or sexual 1863
offender was released from incarceration, or in the county of 1864
the intended address of the sexual predator or sexual offender 1865
as reported by the predator or offender prior to his or her 1866
release from incarceration. In addition, a sexual predator may 1867
be prosecuted for any such act or omission in the county in 1868
which he or she was designated a sexual predator. 1869
Section 46. For the purpose of incorporating the 1870
amendments made by this act to sect ions 943.0435, 944.606, and 1871
944.607, Florida Statutes, in references thereto, subsection (2) 1872
of section 943.0436, Florida Statutes, is reenacted to read: 1873
943.0436 Duty of the court to uphold laws governing sexual 1874
predators and sexual offenders. — 1875
(2) If a person meets the criteria in chapter 775 for 1876
designation as a sexual predator or meets the criteria in s. 1877
943.0435, s. 944.606, s. 944.607, or any other law for 1878
classification as a sexual offender, the court may not enter an 1879
order, for the purpose of ap proving a plea agreement or for any 1880
other reason, which: 1881
(a) Exempts a person who meets the criteria for 1882
designation as a sexual predator or classification as a sexual 1883
offender from such designation or classification, or exempts 1884
such person from the requ irements for registration or community 1885
and public notification imposed upon sexual predators and sexual 1886
offenders; 1887
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(b) Restricts the compiling, reporting, or release of 1888
public records information that relates to sexual predators or 1889
sexual offenders; or 1890
(c) Prevents any person or entity from performing its 1891
duties or operating within its statutorily conferred authority 1892
as such duty or authority relates to sexual predators or sexual 1893
offenders. 1894
Section 47. For the purpose of incorporating the 1895
amendments made by this act to sections 943.0435, 944.606, and 1896
944.607, Florida Statutes, in references thereto, section 1897
948.31, Florida Statutes, is reenacted to read: 1898
948.31 Evaluation and treatment of sexual predators and 1899
offenders on probation or community control. —The court may 1900
require any probationer or community controllee who is required 1901
to register as a sexual predator under s. 775.21 or sexual 1902
offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 1903
an evaluation, at the probationer or community controllee's 1904
expense, by a qualified practitioner to determine whether such 1905
probationer or community controllee needs sexual offender 1906
treatment. If the qualified practitioner determines that sexual 1907
offender treatment is needed and recommends treatment, the 1908
probationer or community controllee must successfully complete 1909
and pay for the treatment. Such treatment must be obtained from 1910
a qualified practitioner as defin ed in s. 948.001. Treatment may 1911
not be administered by a qualified practitioner who has been 1912
HB 1129 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1129-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
convicted or adjudicated delinquent of committing, or 1913
attempting, soliciting, or conspiring to commit, any offense 1914
that is listed in s. 943.0435(1)(h)1.a.(I). 1915
Section 48. For the purpose of incorporating the 1916
amendments made by this act to sections 943.0435, 944.606, and 1917
944.607, Florida Statutes, in references thereto, paragraph (b) 1918
of subsection (6) of section 985.04, Florida Statutes, is 1919
reenacted to read: 1920
985.04 Oaths; records; confidential information. — 1921
(6) 1922
(b) Sexual offender and predator registration information 1923
as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, 1924
and 985.4815 is a public record pursuant to s. 119.07(1) and as 1925
otherwise provided by law. 1926
Section 49. This act shall take effect October 1, 2024. 1927