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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, beginning on a specified date, such 5
devices so that a filter meeting certain requiremen ts 6
is enabled upon activation of the device in this 7
state; subjecting such manufacturers to civil and 8
criminal liability for certain acts of noncompliance; 9
providing applicability; providing civil liability for 10
persons who enable a password to remove the r equired 11
filter on a device in the possession of a minor under 12
certain circumstances; authorizing the Attorney 13
General to enjoin or bring certain actions, issue 14
subpoenas, conduct hearings, and seek revocation of 15
applicable licenses or certificates; providi ng 16
damages; authorizing a parent or legal guardian to 17
bring a civil action against certain parties who 18
violate the act under certain circumstances; providing 19
criminal penalties; amending s. 787.025, F.S.; 20
increasing criminal penalties for adults who 21
intentionally lure or entice, or who attempt to lure 22
or entice, children under the age of 12 into a 23
structure, dwelling, or conveyance for other than a 24
lawful purpose; increasing criminal penalties for 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
committing a second or subsequent offense; increasing 26
criminal penalties for persons with specified previous 27
convictions who commit such offense; creating s. 28
827.12, F.S.; defining the terms "inappropriate 29
relationship" and "sexual excitement"; prohibiting 30
persons who are of at least a specified age from 31
knowingly engaging in any communication that is part 32
of a pattern of communication or behavior that meets 33
specified criteria; prohibiting persons who are of at 34
least a specified age from knowingly using specified 35
devices to seduce, solicit, lure, or entice minors to , 36
or attempt to, share specified images or recorded 37
images; providing criminal penalties; providing 38
enhanced criminal penalties; providing applicability; 39
amending s. 921.0022, F.S.; ranking offenses on the 40
offense severity ranking chart of the Criminal 41
Punishment Code; amending ss. 943.0435, 944.606, and 42
944.607, F.S.; revising the definition of the term 43
"sexual offender"; reenacting ss. 61.13(2)(c) and 44
(9)(c), 68.07(3)(i) and (6), 92.55(1)(b), 45
98.0751(2)(b), 394.9125(2), 397.487(10)(b), 46
435.07(4)(b), 775.0862(2), 900.05(2)(cc), 47
903.046(2)(m), 903.133, 907.043(4)(b), 921.1425(7)(d), 48
934.255(2)(a), 938.10(1), 943.0584(2), 943.0595(2)(a), 49
944.607(4)(a) and (9), 947.1405(12), 948.013(2)(b), 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
948.05(2)(f), 948.30(4), 985.4815(9), and 51
1012.467(2)(b), F.S., relatin g to support of children, 52
parenting and time-sharing, and powers of court; 53
change of name; special protections in proceedings 54
involving a victim or witness younger than 18 years of 55
age, a person with an intellectual disability, or a 56
sexual offense victim; restoration of voting rights 57
and termination of ineligibility subsequent to a 58
felony conviction; state attorneys and the authority 59
to refer a person for civil commitment; voluntary 60
certification of recovery residences; exemptions from 61
disqualification; sex ual offenses against students by 62
authority figures and reclassification; criminal 63
justice data collection; purpose of and criteria for 64
bail determination; bail on appeal, prohibited for 65
certain felony convictions; pretrial release and 66
citizens' right to kn ow; sentences of death or life 67
imprisonment for capital sexual battery and further 68
proceedings to determine sentence; subpoenas in 69
investigations of sexual offenses; additional court 70
cost imposed in cases of certain crimes; criminal 71
history records ineligi ble for court-ordered 72
expunction or court-ordered sealing; automatic sealing 73
of criminal history records and confidentiality of 74
related court records; notification to the Department 75
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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 Law Enforcement of information on sexual offenders; 76
conditional release program; administrative probation; 77
court to admonish or commend probationer or offender 78
in community control and graduated incentives; 79
additional terms and conditions of probation or 80
community control for certain sex offenses; 81
notification to the departme nt of information on 82
juvenile sexual offenders; and noninstructional 83
contractors who are permitted access to school grounds 84
when students are present and background screening 85
requirements, respectively, to incorporate the 86
amendment made to s. 943.0435, F.S ., in references 87
thereto; reenacting s. 944.608(7), F.S., relating to 88
notification to the department of information on 89
career offenders, to incorporate the amendment made to 90
s. 944.607, F.S., in a reference thereto; reenacting 91
s. 943.0435(3) and (4)(a), F. S., relating to sexual 92
offenders required to register with the department and 93
penalties, to incorporate the amendments made to ss. 94
944.606 and 944.607, F.S., in references thereto; 95
reenacting ss. 320.02(4), 322.141(3), 322.19(1) and 96
(2), 775.13(4), 775.21( 5)(d), (6)(f), and (10)(d), 97
775.261(3)(b), 948.06(4), and 948.063, F.S., relating 98
to registration required, applications for 99
registration, and forms; color or markings of certain 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
licenses or identification cards; change of address or 101
name; registration of convicted felons, exemptions, 102
and 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 super vision; 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), 7 75.25, 943.0436(2), 948.31, 112
and 985.04(6)(b), F.S., relating to the duty of the 113
court to uphold laws governing sexual predators and 114
sexual offenders; prosecutions for acts or omissions; 115
the 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
and confidential information, respectively, to 120
incorporate the amendments made to ss. 943.0435, 121
944.606, and 944.607, F.S., in references thereto; 122
providing an 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 Filtering of material harmful to minors on 131
devices.— 132
(1) DEFINITIONS.—As used in this section, the term: 133
(a) "Activate" means the process of powering on a device 134
and associating it with a new user account. 135
(b) "Device" means a tablet or s martphone manufactured on 136
or after January 1, 2026. 137
(c) "Filter" means software installed on a device which is 138
capable of preventing the device from accessing or displaying 139
material that is harmful to minors through the Internet or 140
through an application owned and controlled by the manufacturer 141
and installed on the device. 142
(d) "Harmful to minors" has the same meaning as in s. 143
847.001. 144
(e) "Internet" means the global information system 145
logically linked together by a globally unique address space 146
based on the Internet protocol (IP), or its subsequent 147
extensions, which is able to support communications using the 148
transmission control protocol/Internet protocol suite, or its 149
subsequent extensions, or other IP -compatible protocols, and 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
which provides, uses, or makes accessible, either publicly or 151
privately, high-level services layered on communications and 152
related infrastructure. 153
(f) "Manufacturer" means a person that: 154
1. Is engaged in the business of manufacturing a device; 155
and 156
2. Has a registered agen t in this state in accordance with 157
part I of chapter 607. 158
(g) "Minor" means an individual younger than 18 years of 159
age who is not emancipated, married, or a member of the Armed 160
Forces of the United States. 161
(h) "Smartphone" means an electronic device that combines 162
a cellular phone with a handheld computer, typically offering 163
Internet access, data storage, texting, and e -mail capabilities. 164
(i) "Tablet" means an Internet -ready device equipped with 165
an operating system, a touchscreen display, and a recha rgeable 166
battery which has the ability to support access to a cellular 167
network. 168
(2) FILTER REQUIRED. —Beginning on January 1, 2026, a 169
manufacturer shall manufacture a device that, when activated in 170
this state, automatically enables a filter that does all o f the 171
following: 172
(a) Prevents the user from accessing or downloading 173
material that is harmful to minors on any of the following: 174
1. A mobile data network. 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
2. An application owned and controlled by the 176
manufacturer. 177
3. A wired Internet network. 178
4. A wireless Internet network. 179
(b) Notifies the user of the device when the filter blocks 180
the device from downloading an application or accessing an 181
Internet website. 182
(c) Gives a user with a password the opportunity to 183
unblock a filtered application or website. 184
(d) Reasonably precludes a user other than a user with a 185
password the opportunity to deactivate, modify, or uninstall the 186
filter. 187
(3) MANUFACTURER LIABILITY. — 188
(a) Beginning January 1, 2026, a manufacturer of a device 189
is subject to civil and criminal liability if: 190
1. The device is activated in this state; 191
2. The device does not, upon activation, enable a filter 192
that complies with the requirements described in subsection (2); 193
and 194
3. A minor accesses material that is harmful to minors on 195
the device. 196
(b) Notwithstanding paragraph (a), this section does not 197
apply to a manufacturer that makes a good faith effort to 198
provide a device that, upon activation of the device in this 199
state, automatically enables a generally accepted and 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
commercially reasonable filter in accordance with this section 201
and industry standards. 202
(4) INDIVIDUAL LIABILITY. —With the exception of a minor's 203
parent or legal guardian, any person may be liable in a civil 204
action for enabling the password to remove the filter on a 205
device in the possession of a minor if the minor accesses 206
content that is harmful to minors on the device. 207
(5) PROCEEDINGS BY THE ATTORNEY GENERAL. — 208
(a) If the Attorney General has reason to believe a person 209
violated or is violating this section, the At torney General, 210
acting in the public interest, may do any of the following: 211
1. Enjoin an action that constitutes a violation of this 212
section by issuing a temporary restraining order or preliminary 213
or permanent injunction. 214
2. Bring an action to recover from the alleged violator a 215
civil penalty not to exceed $5,000 per violation and not to 216
exceed a total of $50,000 in the aggregate, as determined by the 217
court. 218
3. Bring an action to recover from the alleged violator 219
the Attorney General's reasonable expe nses, investigative costs, 220
and attorney fees. 221
4. Bring an action to obtain other appropriate relief as 222
provided for under this section. 223
(b) The Attorney General, in addition to other powers 224
conferred upon him or her by this subsection, may issue 225
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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
subpoenas to any person and conduct hearings in aid of any 226
investigation or inquiry. 227
(c) The Attorney General may seek the revocation of any 228
license or certificate authorizing a manufacturer to engage in 229
business in this state. 230
(d) For purposes of asse ssing a penalty under this 231
section, a manufacturer is considered to have committed a 232
separate violation for each device manufactured on or after 233
January 1, 2026, which violates this section. 234
(6) CIVIL ACTION BY THE PARENT OR LEGAL GUARDIAN. — 235
(a) Any parent or legal guardian of a minor who accesses 236
content that is harmful to minors in violation of this section 237
may bring a private cause of action in any court of competent 238
jurisdiction against a manufacturer that failed to comply with 239
this section. A prevailing plaintiff may recover any of the 240
following: 241
1. Actual damages or, in the discretion of the court when 242
actual damages are difficult to ascertain due to the nature of 243
the injury, liquidated damages in the amount of $50,000 for each 244
violation. 245
2. When a violation is found to be knowing and willful, 246
punitive damages in an amount determined by the court. 247
3. Nominal damages. 248
4. Such other relief as the court deems appropriate, 249
including court costs and expenses. 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
5. For a prevailing plaintiff, th e collection of attorney 251
fees against a violating manufacturer. 252
(b) This section does not preclude the bringing of a class 253
action lawsuit against a manufacturer when its conduct in 254
violation of this section is knowing and willful. 255
(c) Any parent or leg al guardian of a child may bring an 256
action in a court of competent jurisdiction against any person 257
who is not the parent or legal guardian of the child and who 258
enables the password to remove the filter from a device in the 259
possession of the child which res ults in the child's exposure to 260
content that is harmful to minors. 261
(7) CRIMINAL PENALTIES. — 262
(a) Beginning on January 1, 2026, a person, with the 263
exception of a parent or legal guardian, may not enable the 264
password to remove the filter on a device in th e possession of a 265
minor. 266
(b) A person who violates paragraph (a) is subject to a 267
fine not to exceed $5,000 for a first offense and not to exceed 268
$50,000 for a second offense. However, a person who violates 269
paragraph (a) for a second or subsequent time wi thin 1 year 270
after the first violation commits a misdemeanor of the first 271
degree, punishable as provided in s. 775.082 or s. 775.083. 272
Section 3. Subsection (2) of section 787.025, Florida 273
Statutes, is amended to read: 274
787.025 Luring or enticing a chil d.— 275
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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
(2)(a) A person 18 years of age or older who intentionally 276
lures or entices, or attempts to lure or entice, a child under 277
the age of 12 into a structure, dwelling, or conveyance for 278
other than a lawful purpose commits a felony misdemeanor of the 279
third first degree, punishable as provided in s. 775.082 , or s. 280
775.083, or s. 775.084. 281
(b) A person 18 years of age or older who, having been 282
previously convicted of a violation of paragraph (a), 283
intentionally lures or entices, or attempts to lure or entice , a 284
child under the age of 12 into a structure, dwelling, or 285
conveyance for other than a lawful purpose commits a felony of 286
the second third degree, punishable as provided in s. 775.082, 287
s. 775.083, or s. 775.084. 288
(c) A person 18 years of age or older wh o, having been 289
previously convicted of a violation of chapter 794, s. 800.04, 290
or s. 847.0135(5), or a violation of a similar law of another 291
jurisdiction, intentionally lures or entices, or attempts to 292
lure or entice, a child under the age of 12 into a stru cture, 293
dwelling, or conveyance for other than a lawful purpose commits 294
a felony of the second third degree, punishable as provided in 295
s. 775.082, s. 775.083, or s. 775.084. 296
Section 4. Section 827.12, Florida Statutes, is created to 297
read: 298
827.12 Harmful communication with a minor; penalty. — 299
(1) As used in this section, the term: 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
(a) "Inappropriate relationship" means a relationship in 301
which a person 18 years of age or older engages in communication 302
with a minor which is explicit and includes detai led verbal 303
descriptions or narrative accounts of sexual conduct as defined 304
in s. 847.001 or sexual excitement for the purpose of sexual 305
excitement of either party using a computer online service, 306
Internet service, local bulletin board service, or any other 307
means or device capable of electronic data storage or 308
transmission. 309
(b) "Sexual excitement" has the same meaning as in s. 310
847.001. 311
(2)(a) A person 18 years of age or older may not knowingly 312
engage in any communication that is part of a pattern of 313
communication or behavior that is: 314
1. Designed to maintain an inappropriate relationship with 315
a minor or another person believed by the person to be a minor; 316
or 317
2. Harmful to minors as defined in s. 847.001. 318
(b) A person 18 years of age or older may not knowingly 319
use a computer online service, Internet service, local bulletin 320
board service, or any other means or device capable of 321
electronic data storage or transmission to seduce, solicit, 322
lure, or entice, or attempt to seduce, solicit, lure, or entice, 323
a minor or another person believed by the person to be a minor 324
to share an image or a recorded image depicting nudity of the 325
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minor for the sexual excitement of either party. As used in this 326
paragraph, nudity has the same meaning as in s. 847.001. 327
(c) A person who violates this subsection commits the 328
offense of harmful communication with a minor. 329
(3)(a) Except as provided in paragraph (b), a person who 330
violates this section commits a felony of the third degree, 331
punishable as provided in s. 775.082, s. 775. 083, or s. 775.084. 332
(b) A person who violates this section with a minor who is 333
younger than 12 years of age commits a felony of the second 334
degree, punishable as provided in s. 775.082, s. 775.083, or s. 335
775.084. 336
(4) This section does not apply to any a ct of medical 337
diagnosis, treatment, or educational conversations by a parent, 338
caregiver, or educator for the purposes of sex education which 339
is not intended to elicit sexual excitement. 340
Section 5. Paragraphs (c) and (e) of subsection (3) of 341
section 921.0022, Florida Statutes, are amended to read: 342
921.0022 Criminal Punishment Code; offense severity 343
ranking chart.— 344
(3) OFFENSE SEVERITY RANKING CHART 345
(c) LEVEL 3 346
347
Florida
Statute
Felony
Degree Description
348
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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
119.10(2)(b) 3rd Unlawful use of
confidential information
from police reports.
349
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
350
316.193(2)(b) 3rd Felony DUI, 3rd
conviction.
351
316.1935(2) 3rd Fleeing or attempting to
elude law enforcement
officer in patrol vehicle
with siren and lights
activated.
352
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
353
319.33(1)(a) 3rd Alter or forge any
certificate of title to a
motor vehicle or mobile
home.
354
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319.33(1)(c) 3rd Procure or pass
title on stolen
vehicle.
355
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
356
327.35(2)(b) 3rd Felony BUI.
357
328.05(2) 3rd Possess, sell, or
counterfeit fictitious,
stolen, or fraudulent titles
or bills of sale of vessels.
358
328.07(4) 3rd Manufacture, exchange, or
possess vessel with
counterfeit or wrong ID
number.
359
376.302(5) 3rd Fraud related to
reimbursement for cleanup
expenses under the Inland
Protection Trust Fund.
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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
360
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turt le
Protection Act.
361
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.
362
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine
Turtle Protection Act.
363
400.9935(4)(a) 3rd Operating a clinic, or
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or (b) offering services
requiring licensure,
without a license.
364
400.9935(4)(e) 3rd Filing a false license
application or other
required information or
failing to report
information.
365
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such
a report.
366
501.001(2)(b) 2nd Tampers with a consumer
product or the container
using materially
false/misleading information.
367
624.401(4)(a) 3rd Transacting insurance
without a certificate of
authority.
368
624.401(4)(b)1. 3rd Transacting insurance
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without a certificate
of authority; premium
collected less than
$20,000.
369
626.902(1)(a) &
(b)
3rd Representing an
unauthorized insurer.
370
697.08 3rd Equity skimming.
371
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
372
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.
373
806.10(1) 3rd Maliciously injure, destroy,
or interfere with vehicles or
equipment used in
firefighting.
374
806.10(2) 3rd Interferes with or assaults
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firefighter in performance
of duty.
375
810.09(2)(b) 3rd Trespass on property
other than structure or
conveyance armed with
firearm or dangerous
weapon.
376
810.145(2)(c) 3rd Digital voyeurism; 19
years of age or older.
377
812.014(2)(c)2. 3rd Grand theft;
$5,000 or more but
less than $10,000.
378
812.0145(2)(c) 3rd Theft from person
65 years of age or
older; $300 or more
but less than
$10,000.
379
812.015(8)(b) 3rd Retail theft with
intent to sell;
conspires with
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others.
380
812.081(2) 3rd Theft of a trade
secret.
381
815.04(4)(b) 2nd Computer offense
devised to defraud or
obtain property.
382
817.034(4)(a)3. 3rd Engages in scheme to
defraud (Florida
Communications Fraud Act),
property valued at less
than $20,000.
383
817.233 3rd Burning to defraud
insurer.
384
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
385
817.234(11)(a) 3rd Insurance fraud;
property value less
than $20,000.
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386
817.236 3rd Filing a false motor vehicle
insurance application.
387
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
388
817.413(2) 3rd Sale of used goods
of $1,000 or more
as new.
389
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing
great bodily harm,
permanent disfigurement,
or permanent disability.
390
827.12(3)(a) 3rd Harmful communication with
a minor who is 12 years of
age or older.
391
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
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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
defraud or possessing a
counterfeit payment
instrument with intent to
defraud.
392
831.29 2nd Possession of instruments for
counterfeiting driver licenses or
identification cards.
393
836.13(2) 3rd Person who promotes an
altered sexual depiction of
an identifiable person
without consent.
394
838.021(3)(b) 3rd Threatens unlawful
harm to public
servant.
395
847.01385 3rd Harmful communication to a
minor.
396
860.15(3) 3rd Overcharging for repairs and
parts.
397
870.01(2) 3rd Riot.
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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
398
870.01(4) 3rd Inciting a riot.
399
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).
400
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.
401
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.,
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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
(2)(c)7., (2)(c)8.,
(2)(c)9., (2)(c)10., (3),
or (4) drugs within 1,000
feet of public housing
facility.
402
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other
controlled substances.
403
893.13(6)(a) 3rd Possession of any
controlled substance
other than felony
possession of cannabis.
404
893.13(7)(a)8. 3rd Withhold information
from practitioner
regarding previous
receipt of or
prescription for a
controlled substance.
405
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
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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
etc.
406
893.13(7)(a)10. 3rd Affix false or forged
label to package of
controlled substance.
407
893.13(7)(a)11. 3rd Furnish false or
fraudulent material
information on any
document or record
required by chapter
893.
408
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.
409
893.13(8)(a)2. 3rd Employ a trick or scheme
in the practitioner's
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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
practice to assist a
patient, other person, or
owner of an animal in
obtaining a controlled
substance.
410
893.13(8)(a)3. 3rd Knowingly write a
prescription for a
controlled substance for
a fictitious person.
411
893.13(8)(a)4. 3rd Write a prescription for
a controlled substance
for a patient, other
person, or an animal if
the sole purpose of
writing the prescription
is a monetary benefit for
the practitioner.
412
918.13(1) 3rd Tampering with or
fabricating physical
evidence.
413
944.47 3rd Introduce contraband to
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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
(1)(a)1. & 2. correctional facility.
414
944.47(1)(c) 2nd Possess contraband while
upon the grounds of a
correctional institution.
415
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
416
(e) LEVEL 5 417
418
Florida
Statute
Felony
Degree Description
419
316.027(2)(a) 3rd Accidents involving
personal injuries
other than serious
bodily injury,
failure to stop;
leaving scene.
420
316.1935(4)(a) 2nd Aggravated fleeing or
eluding.
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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
421
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
422
322.34(6) 3rd Careless operation of
motor vehicle with
suspended license,
resulting in death or
serious bodily injury.
423
327.30(5) 3rd Vessel accidents
involving personal
injury; leaving scene.
424
379.365(2)(c)1. 3rd Violation of rules relating
to: willful molestation of
stone crab traps, lines, or
buoys; illegal bartering,
trading, or sale,
conspiring or aiding in
such barter, trade, or
sale, or supplying,
agreeing to supply, aiding
in supplying, or giving
away stone crab trap tags
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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 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.
425
379.367(4) 3rd Willful molestation of a
commercial harvester's
spiny lobster trap, line,
or buoy.
426
379.407(5)(b)3. 3rd Possession of 100 or
more undersized spiny
lobsters.
427
381.0041(11)(b) 3rd Donate blood,
plasma, or organs
knowing HIV
positive.
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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
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
429
440.105(5) 2nd Unlawful solicitation for
the purpose of making
workers' compensation
claims.
430
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose
of avoiding or reducing
workers' compensation
premiums.
431
624.401(4)(b)2. 2nd Transacting insurance
without a certificate
or authority; premium
collected $20,000 or
more but less than
$100,000.
432
626.902(1)(c) 2nd Representing an
unauthorized insurer;
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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
repeat offender.
433
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
434
790.162 2nd Threat to throw or discharge
destructive device.
435
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of
firearms in violent manner.
436
790.221(1) 2nd Possession of short-
barreled shotgun or
machine gun.
437
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
438
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
439
800.04(6)(c) 3rd Lewd or lascivious
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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
conduct; offender less
than 18 years of age.
440
800.04(7)(b) 2nd Lewd or lascivious
exhibition; offender 18
years of age or older.
441
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with
intent to damage any
structure or property.
442
810.145(4)(c) 3rd Commercial digital
voyeurism dissemination.
443
810.145(7)(a) 2nd Digital voyeurism; 2nd
or subsequent offense.
444
810.145(8)(a) 2nd Digital voyeurism;
certain minor victims.
445
812.014(2)(d)3. 2nd Grand theft, 2nd
degree; theft from 20
or more dwellings or
their unenclosed
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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
curtilage, or any
combination.
446
812.0145(2)(b) 2nd Theft from person
65 years of age or
older; $10,000 or
more but less than
$50,000.
447
812.015
(8)(a) & (c)-(e)
3rd Retail theft; property
stolen is valued at $750 or
more and one or more
specified acts.
448
812.015(8)(f) 3rd Retail theft;
multiple thefts
within specified
period.
449
812.015(8)(g) 3rd Retail theft;
committed with
specified number of
other persons.
450
812.019(1) 2nd Stolen property; dealing in
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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 trafficking in.
451
812.081(3) 2nd Trafficking in trade
secrets.
452
812.131(2)(b) 3rd Robbery by sudden
snatching.
453
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
454
817.034(4)(a)2. 2nd Communications fraud,
value $20,000 to $50,000.
455
827.12(3)(b) 2nd Harmful communication with
a minor younger than 12
years of age.
456
817.234(11)(b) 2nd Insurance fraud;
property value
$20,000 or more but
less than $100,000.
457
817.2341(1),
(2)(a) & (3)(a)
3rd Filing false financial
statements, making false
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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
entries of material fact
or false statements
regarding property values
relating to the solvency
of an insuring entity.
458
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided,
or amount of injury or
fraud, $5,000 or more or
use of personal
identification information
of 10 or more persons.
459
817.611(2)(a) 2nd Traffic in or possess 5
to 14 counterfeit credit
cards or related
documents.
460
817.625(2)(b) 2nd Second or subsequent
fraudulent use of
scanning device,
skimming device, 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
reencoder.
461
825.1025(4) 3rd Lewd or lascivious
exhibition in the
presence of an elderly
person or disabled
adult.
462
828.12(2) 3rd Tortures any animal
with intent to inflict
intense pain, serious
physical injury, or
death.
463
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
464
839.13(2)(b) 2nd Falsifying records of
an individual in the
care and custody of a
state agency involving
great bodily harm 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
death.
465
843.01(1) 3rd Resist officer with
violence to person;
resist arrest with
violence.
466
847.0135(5)(b) 2nd Lewd or lascivious
exhibition using
computer; offender 18
years or older.
467
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or
equipment.
468
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor
by electronic device or
equipment.
469
874.05(1)(b) 2nd Encouraging or recruiting
another to join a
criminal gang; second or
subsequent offense.
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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
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of
age to join a criminal
gang.
471
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).
472
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
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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
recreational facility or
community center.
473
893.13(1)(d)1. 1st Sell, manufacture, or
deliver cocaine (or other
s. 893.03(1)(a), (1)(b),
(1)(d), (2)(a), (2)(b),
or (2)(c)5. drugs) within
1,000 feet of university.
474
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.
475
893.13(1)(f)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), or (2)(a),
(2)(b), or (2)(c)5.
drugs) within 1,000 feet
of public housing
facility.
476
893.13(4)(b) 2nd Use or hire of minor;
deliver to minor other
controlled substance.
477
893.1351(1) 3rd Ownership, lease, or rental
for trafficking in or
manufacturing of controlled
substance.
478
Section 6. Paragraph (h) of subsection (1) of section 479
943.0435, Florida Statutes, is amended to read: 480
943.0435 Sexual offenders required to register with the 481
department; penalty. — 482
(1) As used in this section, the term: 483
(h)1. "Sexual offender" means a person who meets the 484
criteria in sub-subparagraph a., sub -subparagraph b., sub -485
subparagraph c., or sub -subparagraph d., as follows: 486
a.(I) Has been convicted of committing, or attempting, 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
soliciting, or conspiring to commit, any of the criminal 488
offenses proscribed in the following statutes in this state or 489
similar offenses in another jurisdiction: s. 393.135(2); s. 490
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 491
the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 492
s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 493
794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 494
810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 847.0133; s. 495
847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 496
847.0145; s. 895.03, if the court makes a written finding that 497
the racketeering activity involved at least one sexual offense 498
listed in this sub-sub-subparagraph or at least one offense 499
listed in this sub-sub-subparagraph with sexual intent or 500
motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 501
committed in this state which has been redesignated from a 502
former statute number to one of those listed in this sub -sub-503
subparagraph; and 504
(II) Has been released on or after October 1, 1997, from a 505
sanction imposed for any conviction of an offense described in 506
sub-sub-subparagraph (I) and does not otherwise meet the 507
criteria for registration as a sexual offender under chapter 944 508
or chapter 985. For purposes of this sub -sub-subparagraph, a 509
sanction imposed in this state or in any other jurisdiction 510
means probation, community control, parole, conditional release, 511
control release, or incarceration in a state prison, federal 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
prison, contractor-operated correctional facility, or local 513
detention facility. If no sanction is imposed, the person is 514
deemed to be released upon conviction; 515
b. Establishes or maintains a residence in this state and 516
who has not been designated as a sexual predator by a court of 517
this state but who has been designated as a sexual predator, as 518
a sexually violent predator, or any other sexual offender 519
designation in another state or jurisdiction and was, as a 520
result of such desig nation, subjected to registration or 521
community or public notification, or both, or would be if the 522
person were a resident of that state or jurisdiction, without 523
regard to whether the person otherwise meets the criteria for 524
registration as a sexual offender ; 525
c. Establishes or maintains a residence in this state who 526
is in the custody or control of, or under the supervision of, 527
any other state or jurisdiction as a result of a conviction for 528
committing, or attempting, soliciting, or conspiring to commit, 529
any of the criminal offenses proscribed in the following 530
statutes or similar offense in another jurisdiction: s. 531
393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 532
787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 533
(d), (f), or (g); former s. 787.0 6(3)(h); s. 794.011, excluding 534
s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 535
s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 536
847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 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
847.0138; s. 847.0145; s. 895.0 3, if the court makes a written 538
finding that the racketeering activity involved at least one 539
sexual offense listed in this sub -subparagraph or at least one 540
offense listed in this sub -subparagraph with sexual intent or 541
motive; s. 916.1075(2); or s. 985.701( 1); or any similar offense 542
committed in this state which has been redesignated from a 543
former statute number to one of those listed in this sub -544
subparagraph; or 545
d. On or after July 1, 2007, has been adjudicated 546
delinquent for committing, or attempting, so liciting, or 547
conspiring to commit, any of the criminal offenses proscribed in 548
the following statutes in this state or similar offenses in 549
another jurisdiction when the juvenile was 14 years of age or 550
older at the time of the offense: 551
(I) Section 794.011, excluding s. 794.011(10); 552
(II) Section 800.04(4)(a)2. where the victim is under 12 553
years of age or where the court finds sexual activity by the use 554
of force or coercion; 555
(III) Section 800.04(5)(c)1. where the court finds 556
molestation involving unclothe d genitals; 557
(IV) Section 800.04(5)(d) where the court finds the use of 558
force or coercion and unclothed genitals; or 559
(V) Any similar offense committed in this state which has 560
been redesignated from a former statute number to one of those 561
listed in this sub-subparagraph. 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
2. For all qualifying offenses listed in sub -subparagraph 563
1.d., the court shall make a written finding of the age of the 564
offender at the time of the offense. 565
566
For each violation of a qualifying offense listed in this 567
subsection, except for a violation of s. 794.011, the court 568
shall make a written finding of the age of the victim at the 569
time of the offense. For a violation of s. 800.04(4), the court 570
shall also make a written finding indicating whether the offense 571
involved sexual activity and indicating whether the offense 572
involved force or coercion. For a violation of s. 800.04(5), the 573
court shall also make a written finding that the offense did or 574
did not involve unclothed genitals or genital area and that the 575
offense did or did not invol ve the use of force or coercion. 576
Section 7. Paragraph (f) of subsection (1) of section 577
944.606, Florida Statutes, is amended to read: 578
944.606 Sexual offenders; notification upon release. — 579
(1) As used in this section, the term: 580
(f) "Sexual offende r" means a person who has been 581
convicted of committing, or attempting, soliciting, or 582
conspiring to commit, any of the criminal offenses proscribed in 583
the following statutes in this state or similar offenses in 584
another jurisdiction: s. 393.135(2); s. 394.4 593(2); s. 787.01, 585
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 586
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 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
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 588
former s. 796.035; s. 800.04; s. 810.145(8); s. 82 5.1025; s. 589
827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 590
847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 591
if the court makes a written finding that the racketeering 592
activity involved at least one sexual offense listed in this 593
paragraph or at least one offense listed in this paragraph with 594
sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 595
any similar offense committed in this state which has been 596
redesignated from a former statute number to one of those listed 597
in this subsection, when the department has received verified 598
information regarding such conviction; an offender's 599
computerized criminal history record is not, in and of itself, 600
verified information. 601
Section 8. Paragraph (f) of subsection (1) of section 602
944.607, Florida Statutes, is amended to read: 603
944.607 Notification to Department of Law Enforcement of 604
information on sexual offenders. — 605
(1) As used in this section, the term: 606
(f) "Sexual offender" means a person who is in the custody 607
or control of, or und er the supervision of, the department or is 608
in the custody of a contractor -operated correctional facility: 609
1. On or after October 1, 1997, as a result of a 610
conviction for committing, or attempting, soliciting, or 611
conspiring to commit, any of the criminal offenses proscribed in 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
the following statutes in this state or similar offenses in 613
another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 614
s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 615
787.06(3)(b), (d), (f), or (g); former s. 78 7.06(3)(h); s. 616
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 617
former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 618
827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 619
847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 89 5.03, 620
if the court makes a written finding that the racketeering 621
activity involved at least one sexual offense listed in this 622
subparagraph or at least one offense listed in this subparagraph 623
with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 624
or any similar offense committed in this state which has been 625
redesignated from a former statute number to one of those listed 626
in this paragraph; or 627
2. Who establishes or maintains a residence in this state 628
and who has not been designated as a sexual pred ator by a court 629
of this state but who has been designated as a sexual predator, 630
as a sexually violent predator, or by another sexual offender 631
designation in another state or jurisdiction and was, as a 632
result of such designation, subjected to registration o r 633
community or public notification, or both, or would be if the 634
person were a resident of that state or jurisdiction, without 635
regard as to whether the person otherwise meets the criteria for 636
registration as a sexual offender. 637
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Section 9. For the purpose of incorporating the amendment 638
made by this act to section 943.0435, Florida Statutes, in 639
references thereto, paragraph (c) of subsection (2) and 640
paragraph (c) of subsection (9) of section 61.13, Florida 641
Statutes, are reenacted to read: 642
61.13 Support of children; parenting and time -sharing; 643
powers of court.— 644
(2) 645
(c) The court shall determine all matters relating to 646
parenting and time-sharing of each minor child of the parties in 647
accordance with the best interests of the child and in 648
accordance with the Uniform Child Custody Jurisdiction and 649
Enforcement Act, except that modification of a parenting plan 650
and time-sharing schedule requires a showing of a substantial 651
and material change of circumstances. 652
1. It is the public policy of this state that each minor 653
child has frequent and continuing contact with both parents 654
after the parents separate or the marriage of the parties is 655
dissolved and to encourage parents to share the rights and 656
responsibilities, and joys, of childrearing. Unless otherwise 657
provided in this section or agreed to by the parties, there is a 658
rebuttable presumption that equal time -sharing of a minor child 659
is in the best interests of the minor child. To rebut this 660
presumption, a party must prove by a preponderance of the 661
evidence that equal time-sharing is not in the best interests of 662
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the minor child. Except when a time -sharing schedule is agreed 663
to by the parties and approved by the court, the court must 664
evaluate all of the factors set forth in subsection (3) and make 665
specific written find ings of fact when creating or modifying a 666
time-sharing schedule. 667
2. The court shall order that the parental responsibility 668
for a minor child be shared by both parents unless the court 669
finds that shared parental responsibility would be detrimental 670
to the child. In determining detriment to the child, the court 671
shall consider: 672
a. Evidence of domestic violence, as defined in s. 741.28; 673
b. Whether either parent has or has had reasonable cause 674
to believe that he or she or his or her minor child or children 675
are or have been in imminent danger of becoming victims of an 676
act of domestic violence as defined in s. 741.28 or sexual 677
violence as defined in s. 784.046(1)(c) by the other parent 678
against the parent or against the child or children whom the 679
parents share in common regardless of whether a cause of action 680
has been brought or is currently pending in the court; 681
c. Whether either parent has or has had reasonable cause 682
to believe that his or her minor child or children are or have 683
been in imminent danger of be coming victims of an act of abuse, 684
abandonment, or neglect, as those terms are defined in s. 39.01, 685
by the other parent against the child or children whom the 686
parents share in common regardless of whether a cause of action 687
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has been brought or is currently pending in the court; and 688
d. Any other relevant factors. 689
3. The following evidence creates a rebuttable presumption 690
that shared parental responsibility is detrimental to the child: 691
a. A parent has been convicted of a misdemeanor of the 692
first degree or higher involving domestic violence, as defined 693
in s. 741.28 and chapter 775; 694
b. A parent meets the criteria of s. 39.806(1)(d); or 695
c. A parent has been convicted of or had adjudication 696
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 697
at the time of the offense: 698
(I) The parent was 18 years of age or older. 699
(II) The victim was under 18 years of age or the parent 700
believed the victim to be under 18 years of age. 701
702
If the presumption is not rebutted after the convicted parent is 703
advised by the court that the presumption exists, shared 704
parental responsibility, including time -sharing with the child, 705
and decisions made regarding the child, may not be granted to 706
the convicted parent. However, the convicted parent is not 707
relieved of any oblig ation to provide financial support. If the 708
court determines that shared parental responsibility would be 709
detrimental to the child, it may order sole parental 710
responsibility and make such arrangements for time -sharing as 711
specified in the parenting plan as w ill best protect the child 712
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or abused spouse from further harm. Whether or not there is a 713
conviction of any offense of domestic violence or child abuse or 714
the existence of an injunction for protection against domestic 715
violence, the court shall consider evid ence of domestic violence 716
or child abuse as evidence of detriment to the child. 717
4. In ordering shared parental responsibility, the court 718
may consider the expressed desires of the parents and may grant 719
to one party the ultimate responsibility over specifi c aspects 720
of the child's welfare or may divide those responsibilities 721
between the parties based on the best interests of the child. 722
Areas of responsibility may include education, health care, and 723
any other responsibilities that the court finds unique to a 724
particular family. 725
5. The court shall order sole parental responsibility for 726
a minor child to one parent, with or without time -sharing with 727
the other parent if it is in the best interests of the minor 728
child. 729
6. There is a rebuttable presumption against granting 730
time-sharing with a minor child if a parent has been convicted 731
of or had adjudication withheld for an offense enumerated in s. 732
943.0435(1)(h)1.a., and at the time of the offense: 733
a. The parent was 18 years of age or older. 734
b. The victim was u nder 18 years of age or the parent 735
believed the victim to be under 18 years of age. 736
737
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A parent may rebut the presumption upon a specific finding in 738
writing by the court that the parent poses no significant risk 739
of harm to the child and that time -sharing is in the best 740
interests of the minor child. If the presumption is rebutted, 741
the court must consider all time -sharing factors in subsection 742
(3) when developing a time -sharing schedule. 743
7. Access to records and information pertaining to a minor 744
child, including, but not limited to, medical, dental, and 745
school records, may not be denied to either parent. Full rights 746
under this subparagraph apply to either parent unless a court 747
order specifically revokes these rights, including any 748
restrictions on these rights as provided in a domestic violence 749
injunction. A parent having rights under this subparagraph has 750
the same rights upon request as to form, substance, and manner 751
of access as are available to the other parent of a child, 752
including, without limitation, the r ight to in-person 753
communication with medical, dental, and education providers. 754
(9) 755
(c) A court may not order visitation at a recovery 756
residence if any resident of the recovery residence is currently 757
required to register as a sexual predator under s. 775 .21 or as 758
a sexual offender under s. 943.0435. 759
Section 10. For the purpose of incorporating the amendment 760
made by this act to section 943.0435, Florida Statutes, in 761
references thereto, paragraph (i) of subsection (3) and 762
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subsection (6) of section 68.07 , Florida Statutes, are reenacted 763
to read: 764
68.07 Change of name. — 765
(3) Each petition shall be verified and show: 766
(i) Whether the petitioner has ever been required to 767
register as a sexual predator under s. 775.21 or as a sexual 768
offender under s. 943.04 35. 769
(6) The clerk of the court must, within 5 business days 770
after the filing of the final judgment, send a report of the 771
judgment to the Department of Law Enforcement on a form to be 772
furnished by that department. If the petitioner is required to 773
register as a sexual predator or a sexual offender pursuant to 774
s. 775.21 or s. 943.0435, the clerk of court shall 775
electronically notify the Department of Law Enforcement of the 776
name change, in a manner prescribed by that department, within 2 777
business days after th e filing of the final judgment. The 778
Department of Law Enforcement must send a copy of the report to 779
the Department of Highway Safety and Motor Vehicles, which may 780
be delivered by electronic transmission. The report must contain 781
sufficient information to id entify the petitioner, including the 782
results of the criminal history records check if applicable, the 783
new name of the petitioner, and the file number of the judgment. 784
The Department of Highway Safety and Motor Vehicles shall 785
monitor the records of any sexu al predator or sexual offender 786
whose name has been provided to it by the Department of Law 787
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Enforcement. If the sexual predator or sexual offender does not 788
obtain a replacement driver license or identification card 789
within the required time as specified in s . 775.21 or s. 790
943.0435, the Department of Highway Safety and Motor Vehicles 791
shall notify the Department of Law Enforcement. The Department 792
of Law Enforcement shall notify applicable law enforcement 793
agencies of the predator's or offender's failure to compl y with 794
registration requirements. Any information retained by the 795
Department of Law Enforcement and the Department of Highway 796
Safety and Motor Vehicles may be revised or supplemented by said 797
departments to reflect changes made by the final judgment. With 798
respect to a person convicted of a felony in another state or of 799
a federal offense, the Department of Law Enforcement must send 800
the report to the respective state's office of law enforcement 801
records or to the office of the Federal Bureau of Investigation. 802
The Department of Law Enforcement may forward the report to any 803
other law enforcement agency it believes may retain information 804
related to the petitioner. 805
Section 11. For the purpose of incorporating the amendment 806
made by this act to section 943.0435, F lorida Statutes, in a 807
reference thereto, paragraph (b) of subsection (1) of section 808
92.55, Florida Statutes, is reenacted to read: 809
92.55 Special protections in proceedings involving victim 810
or witness under 18, person with intellectual disability, or 811
sexual offense victim.— 812
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(1) For purposes of this section, the term: 813
(b) "Sexual offense" means any offense specified in s. 814
775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 815
Section 12. For the purpose of incorporating the amendment 816
made by this act to sectio n 943.0435, Florida Statutes, in a 817
reference thereto, paragraph (b) of subsection (2) of section 818
98.0751, Florida Statutes, is reenacted to read: 819
98.0751 Restoration of voting rights; termination of 820
ineligibility subsequent to a felony conviction. — 821
(2) For purposes of this section, the term: 822
(b) "Felony sexual offense" means any of the following: 823
1. Any felony offense that serves as a predicate to 824
registration as a sexual offender in accordance with s. 825
943.0435; 826
2. Section 491.0112; 827
3. Section 784.049(3)(b); 828
4. Section 794.08; 829
5. Section 796.08; 830
6. Section 800.101; 831
7. Section 826.04; 832
8. Section 847.012; 833
9. Section 872.06(2); 834
10. Section 944.35(3)(b)2.; 835
11. Section 951.221(1); or 836
12. Any similar offense committed in another juris diction 837
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which would be an offense listed in this paragraph if it had 838
been committed in violation of the laws of this state. 839
Section 13. For the purpose of incorporating the amendment 840
made by this act to section 943.0435, Florida Statutes, in a 841
reference thereto, subsection (2) of section 394.9125, Florida 842
Statutes, is reenacted to read: 843
394.9125 State attorney; authority to refer a person for 844
civil commitment.— 845
(2) A state attorney may refer a person to the department 846
for civil commitment proceeding s if the person: 847
(a) Is required to register as a sexual offender pursuant 848
to s. 943.0435; 849
(b) Has previously been convicted of a sexually violent 850
offense as defined in s. 394.912(9)(a) -(h); and 851
(c) Has been sentenced to a term of imprisonment in a 852
county or municipal jail for any criminal offense. 853
Section 14. For the purpose of incorporating the amendment 854
made by this act to section 943.0435, Florida Statutes, in a 855
reference thereto, paragraph (b) of subsection (10) of section 856
397.487, Florida Statutes, is reenacted to read: 857
397.487 Voluntary certification of recovery residences. — 858
(10) 859
(b) A certified recovery residence may not allow a minor 860
child to visit a parent who is a resident of the recovery 861
residence at any time if any resident of the recovery residence 862
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is currently required to register as a sexual predator under s. 863
775.21 or as a sexual offender under s. 943.0435. 864
Section 15. For the purpose of incorporating the amendment 865
made by this act to section 943.0435, Florida Statutes, in a 866
reference thereto, paragraph (b) of subsection (4) of section 867
435.07, Florida Statutes, is reenacted to read: 868
435.07 Exemptions from disqualification. —Unless otherwise 869
provided by law, the provisions of this section apply to 870
exemptions from disqualific ation for disqualifying offenses 871
revealed pursuant to background screenings required under this 872
chapter, regardless of whether those disqualifying offenses are 873
listed in this chapter or other laws. 874
(4) 875
(b) Disqualification from employment or affiliation under 876
this chapter may not be removed from, nor may an exemption be 877
granted to, any person who is a: 878
1. Sexual predator as designated pursuant to s. 775.21; 879
2. Career offender pursuant to s. 775.261; or 880
3. Sexual offender pursuant to s. 943.0435, unless the 881
requirement to register as a sexual offender has been removed 882
pursuant to s. 943.04354. 883
Section 16. For the purpose of incorporating the amendment 884
made by this act to section 943.0435, Florida Statutes, in a 885
reference thereto, subsection (2) of section 775.0862, Florida 886
Statutes, is reenacted to read: 887
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775.0862 Sexual offenses against students by authority 888
figures; reclassification. — 889
(2) The felony degree of a violation of an offense listed 890
in s. 943.0435(1)(h)1.a., unless the offense is a violation of 891
s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified 892
as provided in this section if the offense is committed by an 893
authority figure of a school against a student of the school. 894
Section 17. For the purpose of incorporating the a mendment 895
made by this act to section 943.0435, Florida Statutes, in a 896
reference thereto, paragraph (cc) of subsection (2) of section 897
900.05, Florida Statutes, is reenacted to read: 898
900.05 Criminal justice data collection. — 899
(2) DEFINITIONS.—As used in this section, the term: 900
(cc) "Sexual offender flag" means an indication that a 901
defendant was required to register as a sexual predator as 902
defined in s. 775.21 or as a sexual offender as defined in s. 903
943.0435. 904
Section 18. For the purpose of incorporat ing the amendment 905
made by this act to section 943.0435, Florida Statutes, in a 906
reference thereto, paragraph (m) of subsection (2) of section 907
903.046, Florida Statutes, is reenacted to read: 908
903.046 Purpose of and criteria for bail determination. — 909
(2) When determining whether to release a defendant on 910
bail or other conditions, and what that bail or those conditions 911
may be, the court shall consider: 912
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(m) Whether the defendant, other than a defendant whose 913
only criminal charge is a misdemeanor offense und er chapter 316, 914
is required to register as a sexual offender under s. 943.0435 915
or a sexual predator under s. 775.21; and, if so, he or she is 916
not eligible for release on bail or surety bond until the first 917
appearance on the case in order to ensure the full participation 918
of the prosecutor and the protection of the public. 919
Section 19. For the purpose of incorporating the amendment 920
made by this act to section 943.0435, Florida Statutes, in a 921
reference thereto, section 903.133, Florida Statutes, is 922
reenacted to read: 923
903.133 Bail on appeal; prohibited for certain felony 924
convictions.—Notwithstanding s. 903.132, no person shall be 925
admitted to bail pending review either by posttrial motion or 926
appeal if he or she was adjudged guilty of: 927
(1) A felony of the f irst degree for a violation of s. 928
782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 929
893.13, or s. 893.135; 930
(2) A violation of s. 794.011(2) or (3); or 931
(3) Any other offense requiring sexual offender 932
registration under s. 943.0435(1)(h) or sexua l predator 933
registration under s. 775.21(4) when, at the time of the 934
offense, the offender was 18 years of age or older and the 935
victim was a minor. 936
Section 20. For the purpose of incorporating the amendment 937
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made by this act to section 943.0435, Florida Statutes, in a 938
reference thereto, paragraph (b) of subsection (4) of section 939
907.043, Florida Statutes, is reenacted to read: 940
907.043 Pretrial release; citizens' right to know. — 941
(4) 942
(b) The annual report must contain, but need not be 943
limited to: 944
1. The name, location, and funding sources of the pretrial 945
release program, including the amount of public funds, if any, 946
received by the pretrial release program. 947
2. The operating and capital budget of each pretrial 948
release program receiving public funds. 949
3.a. The percentage of the pretrial release program's 950
total budget representing receipt of public funds. 951
b. The percentage of the total budget which is allocated 952
to assisting defendants obtain release through a nonpublicly 953
funded program. 954
c. The amount of fees paid by defendants to the pretrial 955
release program. 956
4. The number of persons employed by the pretrial release 957
program. 958
5. The number of defendants assessed and interviewed for 959
pretrial release. 960
6. The number of defendants recommended for pretrial 961
release. 962
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7. The number of defendants for whom the pretrial release 963
program recommended against nonsecured release. 964
8. The number of defendants granted nonsecured release 965
after the pretrial release program recommended nonsecured 966
release. 967
9. The number of defendants assessed and interviewed for 968
pretrial release who were declared indigent by the court. 969
10. The number of defendants accepted into a pretrial 970
release program who paid a surety or cash bail or bond. 971
11. The number of defendants fo r whom a risk assessment 972
tool was used in determining whether the defendant should be 973
released pending the disposition of the case and the number of 974
defendants for whom a risk assessment tool was not used. 975
12. The specific statutory citation for each cri minal 976
charge related to a defendant whose case is accepted into a 977
pretrial release program, including, at a minimum, the number of 978
defendants charged with dangerous crimes as defined in s. 979
907.041; nonviolent felonies; or misdemeanors only. A 980
"nonviolent felony" for purposes of this subparagraph excludes 981
the commission of, an attempt to commit, or a conspiracy to 982
commit any of the following: 983
a. An offense enumerated in s. 775.084(1)(c); 984
b. An offense that requires a person to register as a 985
sexual predator in accordance with s. 775.21 or as a sexual 986
offender in accordance with s. 943.0435; 987
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c. Failure to register as a sexual predator in violation 988
of s. 775.21 or as a sexual offender in violation of s. 989
943.0435; 990
d. Facilitating or furthering terrorism i n violation of s. 991
775.31; 992
e. A forcible felony as described in s. 776.08; 993
f. False imprisonment in violation of s. 787.02; 994
g. Burglary of a dwelling or residence in violation of s. 995
810.02(3); 996
h. Abuse, aggravated abuse, and neglect of an elderly 997
person or disabled adult in violation of s. 825.102; 998
i. Abuse, aggravated abuse, and neglect of a child in 999
violation of s. 827.03; 1000
j. Poisoning of food or water in violation of s. 859.01; 1001
k. Abuse of a dead human body in violation of s. 872.06; 1002
l. A capital offense in violation of chapter 893; 1003
m. An offense that results in serious bodily injury or 1004
death to another human; or 1005
n. A felony offense in which the defendant used a weapon 1006
or firearm in the commission of the offense. 1007
13. The number of def endants accepted into a pretrial 1008
release program with no prior criminal conviction. 1009
14. The name and case number of each person granted 1010
nonsecured release who: 1011
a. Failed to attend a scheduled court appearance. 1012
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b. Was issued a warrant for failing to a ppear. 1013
c. Was arrested for any offense while on release through 1014
the pretrial release program. 1015
15. Any additional information deemed necessary by the 1016
governing body to assess the performance and cost efficiency of 1017
the pretrial release program. 1018
Section 21. For the purpose of incorporating the amendment 1019
made by this act to section 943.0435, Florida Statutes, in a 1020
reference thereto, paragraph (d) of subsection (7) of section 1021
921.1425, Florida Statutes, is reenacted to read: 1022
921.1425 Sentence of death or life imprisonment for 1023
capital sexual battery; further proceedings to determine 1024
sentence.— 1025
(7) AGGRAVATING FACTORS. —Aggravating factors shall be 1026
limited to the following: 1027
(d) The capital felony was committed by a sexual offender 1028
who is required to re gister pursuant to s. 943.0435 or a person 1029
previously required to register as a sexual offender who had 1030
such requirement removed. 1031
Section 22. For the purpose of incorporating the amendment 1032
made by this act to section 943.0435, Florida Statutes, in a 1033
reference thereto, paragraph (a) of subsection (2) of section 1034
934.255, Florida Statutes, is reenacted to read: 1035
934.255 Subpoenas in investigatio ns of sexual offenses. — 1036
(2) An investigative or law enforcement officer who is 1037
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conducting an investigation into: 1038
(a) Allegations of the sexual abuse of a child or an 1039
individual's suspected commission of a crime listed in s. 1040
943.0435(1)(h)1.a.(I) may us e a subpoena to compel the 1041
production of records, documents, or other tangible objects and 1042
the testimony of the subpoena recipient concerning the 1043
production and authenticity of such records, documents, or 1044
objects, except as provided in paragraphs (b) and ( c). 1045
1046
A subpoena issued under this subsection must describe the 1047
records, documents, or other tangible objects required to be 1048
produced, and must prescribe a date by which such records, 1049
documents, or other tangible objects must be produced. 1050
Section 23. For the purpose of incorporating the amendment 1051
made by this act to section 943.0435, Florida Statutes, in a 1052
reference thereto, subsection (1) of section 938.10, Florida 1053
Statutes, is reenacted to read: 1054
938.10 Additional court cost imposed in cases of certai n 1055
crimes.— 1056
(1) If a person pleads guilty or nolo contendere to, or is 1057
found guilty of, regardless of adjudication, any offense against 1058
a minor in violation of s. 784.085, chapter 787, chapter 794, 1059
former s. 796.03, former s. 796.035, s. 800.04, chapter 8 27, s. 1060
847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, 1061
s. 893.147(3), or s. 985.701, or any offense in violation of s. 1062
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775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1063
court shall impose a court cost of $151 against the offe nder in 1064
addition to any other cost or penalty required by law. 1065
Section 24. For the purpose of incorporating the amendment 1066
made by this act to section 943.0435, Florida Statutes, in a 1067
reference thereto, subsection (2) of section 943.0584, Florida 1068
Statutes, is reenacted to read: 1069
943.0584 Criminal history records ineligible for court -1070
ordered expunction or court -ordered sealing.— 1071
(2) A criminal history record is ineligible for a 1072
certificate of eligibility for expunction or a court -ordered 1073
expunction pursuant to s. 943.0585 or a certificate of 1074
eligibility for sealing or a court -ordered sealing pursuant to 1075
s. 943.059 if the record is a conviction for any of the 1076
following offenses: 1077
(a) Sexual misconduct, as defined in s. 393.135, s. 1078
394.4593, or s. 916.10 75; 1079
(b) Illegal use of explosives, as defined in chapter 552; 1080
(c) Terrorism, as defined in s. 775.30; 1081
(d) Murder, as defined in s. 782.04, s. 782.065, or s. 1082
782.09; 1083
(e) Manslaughter or homicide, as defined in s. 782.07, s. 1084
782.071, or s. 782.072; 1085
(f) Assault or battery, as defined in ss. 784.011 and 1086
784.03, respectively, of one family or household member by 1087
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another family or household member, as defined in s. 741.28(3); 1088
(g) Aggravated assault, as defined in s. 784.021; 1089
(h) Felony battery, dome stic battery by strangulation, or 1090
aggravated battery, as defined in ss. 784.03, 784.041, and 1091
784.045, respectively; 1092
(i) Stalking or aggravated stalking, as defined in s. 1093
784.048; 1094
(j) Luring or enticing a child, as defined in s. 787.025; 1095
(k) Human trafficking, as defined in s. 787.06; 1096
(l) Kidnapping or false imprisonment, as defined in s. 1097
787.01 or s. 787.02; 1098
(m) Any offense defined in chapter 794; 1099
(n) Procuring a person less than 18 years of age for 1100
prostitution, as defined in former s. 796.03; 1101
(o) Lewd or lascivious offenses committed upon or in the 1102
presence of persons less than 16 years of age, as defined in s. 1103
800.04; 1104
(p) Arson, as defined in s. 806.01; 1105
(q) Burglary of a dwelling, as defined in s. 810.02; 1106
(r) Voyeurism or digital voyeu rism, as defined in ss. 1107
810.14 and 810.145, respectively; 1108
(s) Robbery or robbery by sudden snatching, as defined in 1109
ss. 812.13 and 812.131, respectively; 1110
(t) Carjacking, as defined in s. 812.133; 1111
(u) Home-invasion robbery, as defined in s. 812.135; 1112
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(v) A violation of the Florida Communications Fraud Act, 1113
as provided in s. 817.034; 1114
(w) Abuse of an elderly person or disabled adult, or 1115
aggravated abuse of an elderly person or disabled adult, as 1116
defined in s. 825.102; 1117
(x) Lewd or lascivious offenses committed upon or in the 1118
presence of an elderly person or disabled person, as defined in 1119
s. 825.1025; 1120
(y) Child abuse or aggravated child abuse, as defined in 1121
s. 827.03; 1122
(z) Sexual performance by a child, as defined in s. 1123
827.071; 1124
(aa) Any offense defined in chapter 839; 1125
(bb) Certain acts in connection with obscenity, as defined 1126
in s. 847.0133; 1127
(cc) Any offense defined in s. 847.0135; 1128
(dd) Selling or buying of minors, as defined in s. 1129
847.0145; 1130
(ee) Aircraft piracy, as defined in s. 860.16; 1131
(ff) Manufacturing a controlled substance in violation of 1132
chapter 893; 1133
(gg) Drug trafficking, as defined in s. 893.135; or 1134
(hh) Any violation specified as a predicate offense for 1135
registration as a sexual predator pursuant to s. 775.21, or 1136
sexual offender pursuant to s. 943.0435, without regard to 1137
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whether that offense alone is sufficient to require such 1138
registration. 1139
Section 25. For the purpose of incorporating the amendment 1140
made by this act to section 943.0435, Florida Statutes, in a 1141
reference thereto, paragraph (a) of subsection (2) of section 1142
943.0595, Florida Statutes, is reenacted to read: 1143
943.0595 Automatic sealing of criminal history records; 1144
confidentiality of related court records. — 1145
(2) ELIGIBILITY.— 1146
(a) The department shall automatica lly seal a criminal 1147
history record that does not result from an indictment, 1148
information, or other charging document for a forcible felony as 1149
defined in s. 776.08 or for an offense enumerated in s. 1150
943.0435(1)(h)1.a.(I), if: 1151
1. An indictment, information, or other charging document 1152
was not filed or issued in the case giving rise to the criminal 1153
history record. 1154
2. An indictment, information, or other charging document 1155
was filed in the case giving rise to the criminal history 1156
record, but was dismissed or n olle prosequi by the state 1157
attorney or statewide prosecutor or was dismissed by a court of 1158
competent jurisdiction as to all counts. However, a person is 1159
not eligible for automatic sealing under this section if the 1160
dismissal was pursuant to s. 916.145 or s. 985.19. 1161
3. A not guilty verdict was rendered by a judge or jury as 1162
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to all counts. However, a person is not eligible for automatic 1163
sealing under this section if the defendant was found not guilty 1164
by reason of insanity. 1165
4. A judgment of acquittal was re ndered by a judge as to 1166
all counts. 1167
Section 26. For the purpose of incorporating the amendment 1168
made by this act to section 943.0435, Florida Statutes, in 1169
references thereto, paragraph (a) of subsection (4) and 1170
subsection (9) of section 944.607, Florida Statutes, are 1171
reenacted to read: 1172
944.607 Notification to Department of Law Enforcement of 1173
information on sexual offenders. — 1174
(4) A sexual offender, as described in this section, who 1175
is under the supervision of the Department of Corrections but is 1176
not incarcerated shall register with the Department of 1177
Corrections within 3 business days after sentencing for a 1178
registrable offense and otherwise provide information as 1179
required by this subsection. 1180
(a) The sexual offender shall provide his or her name; 1181
date of birth; social security number; race; sex; height; 1182
weight; hair and eye color; tattoos or other identifying marks; 1183
all electronic mail addresses and Internet identifiers required 1184
to be provided pursuant to s. 943.0435(4)(e); employment 1185
information required to be provided pursuant to s. 1186
943.0435(4)(e); all home telephone numbers and cellular 1187
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telephone numbers required to be provided pursuant to s. 1188
943.0435(4)(e); the make, model, color, vehicle identification 1189
number (VIN), and license tag number of all ve hicles owned; 1190
permanent or legal residence and address of temporary residence 1191
within the state or out of state while the sexual offender is 1192
under supervision in this state, including any rural route 1193
address or post office box; if no permanent or temporary 1194
address, any transient residence within the state; and address, 1195
location or description, and dates of any current or known 1196
future temporary residence within the state or out of state. The 1197
sexual offender shall also produce his or her passport, if he or 1198
she has a passport, and, if he or she is an alien, shall produce 1199
or provide information about documents establishing his or her 1200
immigration status. The sexual offender shall also provide 1201
information about any professional licenses he or she has. The 1202
Department of Corrections shall verify the address of each 1203
sexual offender in the manner described in ss. 775.21 and 1204
943.0435. The department shall report to the Department of Law 1205
Enforcement any failure by a sexual predator or sexual offender 1206
to comply with regist ration requirements. 1207
(9) A sexual offender, as described in this section, who 1208
is under the supervision of the Department of Corrections but 1209
who is not incarcerated shall, in addition to the registration 1210
requirements provided in subsection (4), register a nd obtain a 1211
distinctive driver license or identification card in the manner 1212
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provided in s. 943.0435(3), (4), and (5), unless the sexual 1213
offender is a sexual predator, in which case he or she shall 1214
register and obtain a distinctive driver license or 1215
identification card as required under s. 775.21. A sexual 1216
offender who fails to comply with the requirements of s. 1217
943.0435 is subject to the penalties provided in s. 943.0435(9). 1218
Section 27. For the purpose of incorporating the amendment 1219
made by this act to section 943.0435, Florida Statutes, in a 1220
reference thereto, subsection (12) of section 947.1405, Florida 1221
Statutes, is reenacted to read: 1222
947.1405 Conditional release program. — 1223
(12) In addition to all other conditions imposed, for a 1224
releasee who is subj ect to conditional release for a crime that 1225
was committed on or after May 26, 2010, and who has been 1226
convicted at any time of committing, or attempting, soliciting, 1227
or conspiring to commit, any of the criminal offenses listed in 1228
s. 943.0435(1)(h)1.a.(I), o r a similar offense in another 1229
jurisdiction against a victim who was under 18 years of age at 1230
the time of the offense, if the releasee has not received a 1231
pardon for any felony or similar law of another jurisdiction 1232
necessary for the operation of this subse ction, if a conviction 1233
of a felony or similar law of another jurisdiction necessary for 1234
the operation of this subsection has not been set aside in any 1235
postconviction proceeding, or if the releasee has not been 1236
removed from the requirement to register as a sexual offender or 1237
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sexual predator pursuant to s. 943.04354, the commission must 1238
impose the following conditions: 1239
(a) A prohibition on visiting schools, child care 1240
facilities, parks, and playgrounds without prior approval from 1241
the releasee's supervising officer. The commission may also 1242
designate additional prohibited locations to protect a victim. 1243
The prohibition ordered under this paragraph does not prohibit 1244
the releasee from visiting a school, child care facility, park, 1245
or playground for the sole purpos e of attending a religious 1246
service as defined in s. 775.0861 or picking up or dropping off 1247
the releasee's child or grandchild at a child care facility or 1248
school. 1249
(b) A prohibition on distributing candy or other items to 1250
children on Halloween; wearing a S anta Claus costume, or other 1251
costume to appeal to children, on or preceding Christmas; 1252
wearing an Easter Bunny costume, or other costume to appeal to 1253
children, on or preceding Easter; entertaining at children's 1254
parties; or wearing a clown costume without p rior approval from 1255
the commission. 1256
Section 28. For the purpose of incorporating the amendment 1257
made by this act to section 943.0435, Florida Statutes, in a 1258
reference thereto, paragraph (b) of subsection (2) of section 1259
948.013, Florida Statutes, is reena cted to read: 1260
948.013 Administrative probation. — 1261
(2) 1262
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(b) Effective for an offense committed on or after October 1263
1, 2017, a person is ineligible for placement on administrative 1264
probation if the person is sentenced to or is serving a term of 1265
probation or community control, regardless of the conviction or 1266
adjudication, for committing, or attempting, conspiring, or 1267
soliciting to commit, any of the felony offenses described in s. 1268
775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a. 1269
Section 29. For the purpose of incorporating the amendment 1270
made by this act to section 943.0435, Florida Statutes, in a 1271
reference thereto, paragraph (f) of subsection (2) of section 1272
948.05, Florida Statutes, is reenacted to read: 1273
948.05 Court to admonish or commend probationer or 1274
offender in community control; graduated incentives. — 1275
(2) The department shall implement a system of graduated 1276
incentives to promote compliance with the terms of supervision, 1277
encourage educational achievement and stable employment, and 1278
prioritize the highest levels of supervision for probationers or 1279
offenders presenting the greatest risk of recidivism. 1280
(f) A probationer or offender in community control who is 1281
placed under supervision for committing or attempting, 1282
soliciting, or conspiring to commit a v iolation of any felony 1283
offense described in s. 775.21(4)(a)1.a. or b. or s. 1284
943.0435(1)(h)1.a., or who qualifies as a violent felony 1285
offender of special concern under s. 948.06(8)(b) is not 1286
eligible for any reduction of his or her term of supervision 1287
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under this section. 1288
Section 30. For the purpose of incorporating the amendment 1289
made by this act to section 943.0435, Florida Statutes, in a 1290
reference thereto, subsection (4) of section 948.06, Florida 1291
Statutes, is reenacted to read: 1292
948.06 Violation of pr obation or community control; 1293
revocation; modification; continuance; failure to pay 1294
restitution or cost of supervision. — 1295
(4) Notwithstanding any other provision of this section, a 1296
felony probationer or an offender in community control who is 1297
arrested for violating his or her probation or community control 1298
in a material respect may be taken before the court in the 1299
county or circuit in which the probationer or offender was 1300
arrested. That court shall advise him or her of the charge of a 1301
violation and, if suc h charge is admitted, shall cause him or 1302
her to be brought before the court that granted the probation or 1303
community control. If the violation is not admitted by the 1304
probationer or offender, the court may commit him or her or 1305
release him or her with or with out bail to await further 1306
hearing. However, if the probationer or offender is under 1307
supervision for any criminal offense proscribed in chapter 794, 1308
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1309
registered sexual predator or a registered sexua l offender, or 1310
is under supervision for a criminal offense for which he or she 1311
would meet the registration criteria in s. 775.21, s. 943.0435, 1312
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or s. 944.607 but for the effective date of those sections, the 1313
court must make a finding that the probationer or offender is 1314
not a danger to the public prior to release with or without 1315
bail. In determining the danger posed by the offender's or 1316
probationer's release, the court may consider the nature and 1317
circumstances of the violation and any new offenses charged; th e 1318
offender's or probationer's past and present conduct, including 1319
convictions of crimes; any record of arrests without conviction 1320
for crimes involving violence or sexual crimes; any other 1321
evidence of allegations of unlawful sexual conduct or the use of 1322
violence by the offender or probationer; the offender's or 1323
probationer's family ties, length of residence in the community, 1324
employment history, and mental condition; his or her history and 1325
conduct during the probation or community control supervision 1326
from which the violation arises and any other previous 1327
supervisions, including disciplinary records of previous 1328
incarcerations; the likelihood that the offender or probationer 1329
will engage again in a criminal course of conduct; the weight of 1330
the evidence against th e offender or probationer; and any other 1331
facts the court considers relevant. The court, as soon as is 1332
practicable, shall give the probationer or offender an 1333
opportunity to be fully heard on his or her behalf in person or 1334
by counsel. After the hearing, the court shall make findings of 1335
fact and forward the findings to the court that granted the 1336
probation or community control and to the probationer or 1337
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offender or his or her attorney. The findings of fact by the 1338
hearing court are binding on the court that grant ed the 1339
probation or community control. Upon the probationer or offender 1340
being brought before it, the court that granted the probation or 1341
community control may revoke, modify, or continue the probation 1342
or community control or may place the probationer into community 1343
control as provided in this section. However, the probationer or 1344
offender shall not be released and shall not be admitted to 1345
bail, but shall be brought before the court that granted the 1346
probation or community control if any violation of felony 1347
probation or community control other than a failure to pay costs 1348
or fines or make restitution payments is alleged to have been 1349
committed by: 1350
(a) A violent felony offender of special concern, as 1351
defined in this section; 1352
(b) A person who is on felony proba tion or community 1353
control for any offense committed on or after the effective date 1354
of this act and who is arrested for a qualifying offense as 1355
defined in this section; or 1356
(c) A person who is on felony probation or community 1357
control and has previously bee n found by a court to be a 1358
habitual violent felony offender as defined in s. 775.084(1)(b), 1359
a three-time violent felony offender as defined in s. 1360
775.084(1)(c), or a sexual predator under s. 775.21, and who is 1361
arrested for committing a qualifying offense a s defined in this 1362
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section on or after the effective date of this act. 1363
Section 31. For the purpose of incorporating the amendment 1364
made by this act to section 943.0435, Florida Statutes, in a 1365
reference thereto, subsection (9) of section 985.4815, Florida 1366
Statutes, is reenacted to read: 1367
985.4815 Notification to Department of Law Enforcement of 1368
information on juvenile sexual offenders. — 1369
(9) A sexual offender, as described in this section, who 1370
is under the care, jurisdiction, or supervision of the 1371
department but who is not incarcerated shall, in addition to the 1372
registration requirements provided in subsection (4), register 1373
in the manner provided in s. 943.0435(3), (4), and (5), unless 1374
the sexual offender is a sexual predator, in which case he or 1375
she shall register as required under s. 775.21. A sexual 1376
offender who fails to comply with the requirements of s. 1377
943.0435 is subject to the penalties provided in s. 943.0435(9). 1378
Section 32. For the purpose of incorporating the amendment 1379
made by this act to sec tion 943.0435, Florida Statutes, in a 1380
reference thereto, paragraph (b) of subsection (2) of section 1381
1012.467, Florida Statutes, is reenacted to read: 1382
1012.467 Noninstructional contractors who are permitted 1383
access to school grounds when students are prese nt; background 1384
screening requirements. — 1385
(2) 1386
(b) A noninstructional contractor for whom a criminal 1387
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history check is required under this section may not have been 1388
convicted of any of the following offenses designated in the 1389
Florida Statutes, any similar offense in another jurisdiction, 1390
or any similar offense committed in this state which has been 1391
redesignated from a former provision of the Florida Statutes to 1392
one of the following offenses: 1393
1. Any offense listed in s. 943.0435(1)(h)1., relating to 1394
the registration of an individual as a sexual offender. 1395
2. Section 393.135, relating to sexual misconduct with 1396
certain developmentally disabled clients and the reporting of 1397
such sexual misconduct. 1398
3. Section 394.4593, relating to sexual misconduct with 1399
certain mental health patients and the reporting of such sexual 1400
misconduct. 1401
4. Section 775.30, relating to terrorism. 1402
5. Section 782.04, relating to murder. 1403
6. Section 787.01, relating to kidnapping. 1404
7. Any offense under chapter 800, relating to lewdnes s and 1405
indecent exposure. 1406
8. Section 826.04, relating to incest. 1407
9. Section 827.03, relating to child abuse, aggravated 1408
child abuse, or neglect of a child. 1409
Section 33. For the purpose of incorporating the amendment 1410
made by this act to section 944.60 7, Florida Statutes, in a 1411
reference thereto, subsection (7) of section 944.608, Florida 1412
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Statutes, is reenacted to read: 1413
944.608 Notification to Department of Law Enforcement of 1414
information on career offenders. — 1415
(7) A career offender who is under the su pervision of the 1416
department but who is not incarcerated shall, in addition to the 1417
registration requirements provided in subsection (3), register 1418
in the manner provided in s. 775.261(4)(c), unless the career 1419
offender is a sexual predator, in which case he o r she shall 1420
register as required under s. 775.21, or is a sexual offender, 1421
in which case he or she shall register as required in s. 1422
944.607. A career offender who fails to comply with the 1423
requirements of s. 775.261(4) is subject to the penalties 1424
provided in s. 775.261(8). 1425
Section 34. For the purpose of incorporating the 1426
amendments made by this act to sections 944.606 and 944.607, 1427
Florida Statutes, in references thereto, subsection (3) and 1428
paragraph (a) of subsection (4) of section 943.0435, Florida 1429
Statutes, are reenacted to read: 1430
943.0435 Sexual offenders required to register with the 1431
department; penalty. — 1432
(3) Within 48 hours after the report required under 1433
subsection (2), a sexual offender shall report in person at a 1434
driver license office of the De partment of Highway Safety and 1435
Motor Vehicles, unless a driver license or identification card 1436
that complies with the requirements of s. 322.141(3) was 1437
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previously secured or updated under s. 944.607. At the driver 1438
license office the sexual offender shall: 1439
(a) If otherwise qualified, secure a Florida driver 1440
license, renew a Florida driver license, or secure an 1441
identification card. The sexual offender shall identify himself 1442
or herself as a sexual offender who is required to comply with 1443
this section and shall provide proof that the sexual offender 1444
reported as required in subsection (2). The sexual offender 1445
shall provide any of the information specified in subsection 1446
(2), if requested. The sexual offender shall submit to the 1447
taking of a photograph for use in is suing a driver license, 1448
renewed license, or identification card, and for use by the 1449
department in maintaining current records of sexual offenders. 1450
(b) Pay the costs assessed by the Department of Highway 1451
Safety and Motor Vehicles for issuing or renewing a driver 1452
license or identification card as required by this section. The 1453
driver license or identification card issued must be in 1454
compliance with s. 322.141(3). 1455
(c) Provide, upon request, any additional information 1456
necessary to confirm the identity of the sexual offender, 1457
including a set of fingerprints. 1458
(4)(a) Each time a sexual offender's driver license or 1459
identification card is subject to renewal, and, without regard 1460
to the status of the offender's driver license or identification 1461
card, within 48 hours after any change in the offender's 1462
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permanent, temporary, or transient residence or change in the 1463
offender's name by reason of marriage or other legal process, 1464
the offender shall report in person to a driver license office, 1465
and is subject to the requiremen ts specified in subsection (3). 1466
The Department of Highway Safety and Motor Vehicles shall 1467
forward to the department all photographs and information 1468
provided by sexual offenders. Notwithstanding the restrictions 1469
set forth in s. 322.142, the Department of Hi ghway Safety and 1470
Motor Vehicles may release a reproduction of a color -photograph 1471
or digital-image license to the Department of Law Enforcement 1472
for purposes of public notification of sexual offenders as 1473
provided in this section and ss. 943.043 and 944.606. A sexual 1474
offender who is unable to secure or update a driver license or 1475
an identification card with the Department of Highway Safety and 1476
Motor Vehicles as provided in subsection (3) and this subsection 1477
shall also report any change in the sexual offender's permanent, 1478
temporary, or transient residence or change in the offender's 1479
name by reason of marriage or other legal process within 48 1480
hours after the change to the sheriff's office in the county 1481
where the offender resides or is located and provide 1482
confirmation that he or she reported such information to the 1483
Department of Highway Safety and Motor Vehicles. The reporting 1484
requirements under this paragraph do not negate the requirement 1485
for a sexual offender to obtain a Florida driver license or an 1486
identification card as required in this section. 1487
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Section 35. For the purpose of incorporating the 1488
amendments made by this act to sections 943.0435 and 944.607, 1489
Florida Statutes, in references thereto, subsection (4) of 1490
section 320.02, Florida Statutes, is reenacted to read: 1491
320.02 Registration required; application for 1492
registration; forms. — 1493
(4) Except as provided in ss. 775.21, 775.261, 943.0435, 1494
944.607, and 985.4815, the owner of any motor vehicle registered 1495
in the state shall notify the department in writing o f any 1496
change of address within 30 days of such change. The 1497
notification shall include the registration license plate 1498
number, the vehicle identification number (VIN) or title 1499
certificate number, year of vehicle make, and the owner's full 1500
name. 1501
Section 36. For the purpose of incorporating the 1502
amendments made by this act to sections 943.0435 and 944.607, 1503
Florida Statutes, in references thereto, subsection (3) of 1504
section 322.141, Florida Statutes, is reenacted to read: 1505
322.141 Color or markings of certain licenses or 1506
identification cards. — 1507
(3) All licenses for the operation of motor vehicles or 1508
identification cards originally issued or reissued by the 1509
department to persons who are designated as sexual predators 1510
under s. 775.21 or subject to registration as sexual offenders 1511
under s. 943.0435 or s. 944.607, or who have a similar 1512
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designation or are subject to a similar registration under the 1513
laws of another jurisdiction, shall have on the front of the 1514
license or identification card the following: 1515
(a) For a person designated as a sexual predator under s. 1516
775.21 or who has a similar designation under the laws of 1517
another jurisdiction, the marking "SEXUAL PREDATOR." 1518
(b) For a person subject to registration as a sexual 1519
offender under s. 943.0435 or s. 944.607, or subject to a 1520
similar registration under the laws of another jurisdiction, the 1521
marking "943.0435, F.S." 1522
Section 37. For the purpose of incorporating the 1523
amendments made by this act to sections 943.0435 and 944.607, 1524
Florida Statutes, in references th ereto, subsections (1) and (2) 1525
of section 322.19, Florida Statutes, are reenacted to read: 1526
322.19 Change of address, name, or citizenship status .— 1527
(1) Except as provided in ss. 775.21, 775.261, 943.0435, 1528
944.607, and 985.4815, whenever any person, after applying for 1529
or receiving a driver license or identification card, changes 1530
his or her legal name, that person must within 30 days 1531
thereafter obtain a replacement license or card that reflects 1532
the change. 1533
(2) If a person, after applying for or recei ving a driver 1534
license or identification card, changes the legal residence or 1535
mailing address in the application, license, or card, the person 1536
must, within 30 calendar days after making the change, obtain a 1537
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replacement license or card that reflects the chan ge. A written 1538
request to the department must include the old and new addresses 1539
and the driver license or identification card number. Any person 1540
who has a valid, current student identification card issued by 1541
an educational institution in this state is presu med not to have 1542
changed his or her legal residence or mailing address. This 1543
subsection does not affect any person required to register a 1544
permanent or temporary address change pursuant to s. 775.13, s. 1545
775.21, s. 775.25, or s. 943.0435. 1546
Section 38. For the purpose of incorporating the 1547
amendments made by this act to sections 943.0435 and 944.607, 1548
Florida Statutes, in references thereto, subsection (4) of 1549
section 775.13, Florida Statutes, is reenacted to read: 1550
775.13 Registration of convicted felons, exe mptions; 1551
penalties.— 1552
(4) This section does not apply to an offender: 1553
(a) Who has had his or her civil rights restored; 1554
(b) Who has received a full pardon for the offense for 1555
which convicted; 1556
(c) Who has been lawfully released from incarceration or 1557
other sentence or supervision for a felony conviction for more 1558
than 5 years prior to such time for registration, unless the 1559
offender is a fugitive from justice on a felony charge or has 1560
been convicted of any offense since release from such 1561
incarceration or other sentence or supervision; 1562
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(d) Who is a parolee or probationer under the supervision 1563
of the United States Parole Commission if the commission knows 1564
of and consents to the presence of the offender in Florida or is 1565
a probationer under the supervision of any federal probation 1566
officer in the state or who has been lawfully discharged from 1567
such parole or probation; 1568
(e) Who is a sexual predator and has registered as 1569
required under s. 775.21; 1570
(f) Who is a sexual offender and has registered as 1571
required in s. 943.0435 or s. 944.607; or 1572
(g) Who is a career offender who has registered as 1573
required in s. 775.261 or s. 944.609. 1574
Section 39. For the purpose of incorporating the 1575
amendments made by this act to sections 943.0435 and 944.607, 1576
Florida Statutes, in references thereto, paragraph (d) of 1577
subsection (5), paragraph (f) of subsection (6), and paragraph 1578
(d) of subsection (10) of section 775.21, Florida Statutes, are 1579
reenacted to read: 1580
775.21 The Florida Sexual Predators Act. — 1581
(5) SEXUAL PREDATOR DESIG NATION.—An offender is designated 1582
as a sexual predator as follows: 1583
(d) A person who establishes or maintains a residence in 1584
this state and who has not been designated as a sexual predator 1585
by a court of this state but who has been designated as a sexual 1586
predator, as a sexually violent predator, or any other sexual 1587
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offender designation in another state or jurisdiction and was, 1588
as a result of such designation, subjected to registration or 1589
community or public notification, or both, or would be if the 1590
person was a resident of that state or jurisdiction, without 1591
regard to whether the person otherwise meets the criteria for 1592
registration as a sexual offender, shall register in the manner 1593
provided in s. 943.0435 or s. 944.607 and shall be subject to 1594
community and public notification as provided in s. 943.0435 or 1595
s. 944.607. A person who meets the criteria of this section is 1596
subject to the requirements and penalty provisions of s. 1597
943.0435 or s. 944.607 until the person provides the department 1598
with an order issued by the court that designated the person as 1599
a sexual predator, as a sexually violent predator, or any other 1600
sexual offender designation in the state or jurisdiction in 1601
which the order was issued which states that such designation 1602
has been removed or demonstra tes to the department that such 1603
designation, if not imposed by a court, has been removed by 1604
operation of law or court order in the state or jurisdiction in 1605
which the designation was made, provided that such person no 1606
longer meets the criteria for registrat ion as a sexual offender 1607
under the laws of this state. To qualify for removal of the 1608
registration requirements under this paragraph, a sexual 1609
offender described in this paragraph must meet the criteria for 1610
removal under s. 943.0435. 1611
(6) REGISTRATION.— 1612
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(f) Within 48 hours after the registration required under 1613
paragraph (a) or paragraph (e), a sexual predator who is not 1614
incarcerated and who resides in the community, including a 1615
sexual predator under the supervision of the Department of 1616
Corrections, shall register in person at a driver license office 1617
of the Department of Highway Safety and Motor Vehicles and shall 1618
present proof of registration unless a driver license or an 1619
identification card that complies with the requirements of s. 1620
322.141(3) was previous ly secured or updated under s. 944.607. 1621
At the driver license office the sexual predator shall: 1622
1. If otherwise qualified, secure a Florida driver 1623
license, renew a Florida driver license, or secure an 1624
identification card. The sexual predator shall identi fy himself 1625
or herself as a sexual predator who is required to comply with 1626
this section, provide his or her place of permanent, temporary, 1627
or transient residence, including a rural route address and a 1628
post office box, and submit to the taking of a photograp h for 1629
use in issuing a driver license, a renewed license, or an 1630
identification card, and for use by the department in 1631
maintaining current records of sexual predators. A post office 1632
box may not be provided in lieu of a physical residential 1633
address. If the sexual predator's place of residence is a motor 1634
vehicle, trailer, mobile home, or manufactured home, as those 1635
terms are defined in chapter 320, the sexual predator shall also 1636
provide to the Department of Highway Safety and Motor Vehicles 1637
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the vehicle identification number (VIN); the license tag number; 1638
the registration number; and a description, including color 1639
scheme, of the motor vehicle, trailer, mobile home, or 1640
manufactured home. If a sexual predator's place of residence is 1641
a vessel, live-aboard vessel, or houseboat, as those terms are 1642
defined in chapter 327, the sexual predator shall also provide 1643
to the Department of Highway Safety and Motor Vehicles the hull 1644
identification number; the manufacturer's serial number; the 1645
name of the vessel, live -aboard vessel, or houseboat; the 1646
registration number of the vessel, live -aboard vessel, or 1647
houseboat; and a description, including color scheme, of the 1648
vessel, live-aboard vessel, or houseboat. 1649
2. Pay the costs assessed by the Department of Highway 1650
Safety and Motor Vehicles for issuing or renewing a driver 1651
license or an identification card as required by this section. 1652
The driver license or identification card issued to the sexual 1653
predator must comply with s. 322.141(3). 1654
3. Provide, upon request, any additional inf ormation 1655
necessary to confirm the identity of the sexual predator, 1656
including a set of fingerprints. 1657
(10) PENALTIES.— 1658
(d) Any person who misuses public records information 1659
relating to a sexual predator, as defined in this section, or a 1660
sexual offender, as defined in s. 943.0435 or s. 944.607, to 1661
secure a payment from such a predator or offender; who knowingly 1662
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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
distributes or publishes false information relating to such a 1663
predator or offender which the person misrepresents as being 1664
public records informati on; or who materially alters public 1665
records information with the intent to misrepresent the 1666
information, including documents, summaries of public records 1667
information provided by law enforcement agencies, or public 1668
records information displayed by law enfor cement agencies on 1669
websites or provided through other means of communication, 1670
commits a misdemeanor of the first degree, punishable as 1671
provided in s. 775.082 or s. 775.083. 1672
Section 40. For the purpose of incorporating the 1673
amendments made by this act to sections 943.0435 and 944.607, 1674
Florida Statutes, in references thereto, paragraph (b) of 1675
subsection (3) of section 775.261, Florida Statutes, is 1676
reenacted to read: 1677
775.261 The Florida Career Offender Registration Act. — 1678
(3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.— 1679
(b) This section does not apply to any person who has been 1680
designated as a sexual predator and required to register under 1681
s. 775.21 or who is required to register as a sexual offender 1682
under s. 943.0435 or s. 944.607. However, if a pe rson is no 1683
longer required to register as a sexual predator under s. 775.21 1684
or as a sexual offender under s. 943.0435 or s. 944.607, the 1685
person must register as a career offender under this section if 1686
the person is otherwise designated as a career offender as 1687
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provided in this section. 1688
Section 41. For the purpose of incorporating the 1689
amendments made by this act to sections 943.0435 and 944.607, 1690
Florida Statutes, in references thereto, subsection (4) of 1691
section 948.06, Florida Statutes, is reenacted to re ad: 1692
948.06 Violation of probation or community control; 1693
revocation; modification; continuance; failure to pay 1694
restitution or cost of supervision. — 1695
(4) Notwithstanding any other provision of this section, a 1696
felony probationer or an offender in community control who is 1697
arrested for violating his or her probation or community control 1698
in a material respect may be taken before the court in the 1699
county or circuit in which the probationer or offender was 1700
arrested. That court shall advise him or her of the charge of a 1701
violation and, if such charge is admitted, shall cause him or 1702
her to be brought before the court that granted the probation or 1703
community control. If the violation is not admitted by the 1704
probationer or offender, the court may commit him or her or 1705
release him or her with or without bail to await further 1706
hearing. However, if the probationer or offender is under 1707
supervision for any criminal offense p roscribed in chapter 794, 1708
s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1709
registered sexual predator or a registered sexual offender, or 1710
is under supervision for a criminal offense for which he or she 1711
would meet the registration criteria in s. 775.21, s. 943.0435, 1712
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or s. 944.607 but for the effective date of those sections, the 1713
court must make a finding that the probationer or offender is 1714
not a danger to the public prior to release with or without 1715
bail. In determining the danger posed by the offe nder's or 1716
probationer's release, the court may consider the nature and 1717
circumstances of the violation and any new offenses charged; the 1718
offender's or probationer's past and present conduct, including 1719
convictions of crimes; any record of arrests without con viction 1720
for crimes involving violence or sexual crimes; any other 1721
evidence of allegations of unlawful sexual conduct or the use of 1722
violence by the offender or probationer; the offender's or 1723
probationer's family ties, length of residence in the community, 1724
employment history, and mental condition; his or her history and 1725
conduct during the probation or community control supervision 1726
from which the violation arises and any other previous 1727
supervisions, including disciplinary records of previous 1728
incarcerations; the likelihood that the offender or probationer 1729
will engage again in a criminal course of conduct; the weight of 1730
the evidence against the offender or probationer; and any other 1731
facts the court considers relevant. The court, as soon as is 1732
practicable, shall g ive the probationer or offender an 1733
opportunity to be fully heard on his or her behalf in person or 1734
by counsel. After the hearing, the court shall make findings of 1735
fact and forward the findings to the court that granted the 1736
probation or community control an d to the probationer or 1737
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offender or his or her attorney. The findings of fact by the 1738
hearing court are binding on the court that granted the 1739
probation or community control. Upon the probationer or offender 1740
being brought before it, the court that granted th e probation or 1741
community control may revoke, modify, or continue the probation 1742
or community control or may place the probationer into community 1743
control as provided in this section. However, the probationer or 1744
offender shall not be released and shall not be admitted to 1745
bail, but shall be brought before the court that granted the 1746
probation or community control if any violation of felony 1747
probation or community control other than a failure to pay costs 1748
or fines or make restitution payments is alleged to have be en 1749
committed by: 1750
(a) A violent felony offender of special concern, as 1751
defined in this section; 1752
(b) A person who is on felony probation or community 1753
control for any offense committed on or after the effective date 1754
of this act and who is arrested for a q ualifying offense as 1755
defined in this section; or 1756
(c) A person who is on felony probation or community 1757
control and has previously been found by a court to be a 1758
habitual violent felony offender as defined in s. 775.084(1)(b), 1759
a three-time violent felony of fender as defined in s. 1760
775.084(1)(c), or a sexual predator under s. 775.21, and who is 1761
arrested for committing a qualifying offense as defined in this 1762
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section on or after the effective date of this act. 1763
Section 42. For the purpose of incorporating the 1764
amendments made by this act to sections 943.0435 and 944.607, 1765
Florida Statutes, in references thereto, section 948.063, 1766
Florida Statutes, is reenacted to read: 1767
948.063 Violations of probation or community control by 1768
designated sexual offenders and sexua l predators.— 1769
(1) If probation or community control for any felony 1770
offense is revoked by the court pursuant to s. 948.06(2)(e) and 1771
the offender is designated as a sexual offender pursuant to s. 1772
943.0435 or s. 944.607 or as a sexual predator pursuant to s . 1773
775.21 for unlawful sexual activity involving a victim 15 years 1774
of age or younger and the offender is 18 years of age or older, 1775
and if the court imposes a subsequent term of supervision 1776
following the revocation of probation or community control, the 1777
court must order electronic monitoring as a condition of the 1778
subsequent term of probation or community control. 1779
(2) If the probationer or offender is required to register 1780
as a sexual predator under s. 775.21 or as a sexual offender 1781
under s. 943.0435 or s. 94 4.607 for unlawful sexual activity 1782
involving a victim 15 years of age or younger and the 1783
probationer or offender is 18 years of age or older and has 1784
violated the conditions of his or her probation or community 1785
control, but the court does not revoke the pro bation or 1786
community control, the court shall nevertheless modify the 1787
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probation or community control to include electronic monitoring 1788
for any probationer or offender not then subject to electronic 1789
monitoring. 1790
Section 43. For the purpose of incorporating the 1791
amendments made by this act to sections 943.0435, 944.606, and 1792
944.607, Florida Statutes, in references thereto, subsection (2) 1793
of section 775.24, Florida Statutes, is reenacted to read: 1794
775.24 Duty of the court to uphold laws governing sexual 1795
predators and sexual offenders. — 1796
(2) If a person meets the criteria in this chapter for 1797
designation as a sexual predator or meets the criteria in s. 1798
943.0435, s. 944.606, s. 944.607, or any other law for 1799
classification as a sexual offender, the court may not enter an 1800
order, for the purpose of approving a plea agreement or for any 1801
other reason, which: 1802
(a) Exempts a person who meets the criteria for 1803
designation as a sexual predator or classification as a sexual 1804
offender from such designation or classification, or exempts 1805
such person from the requirements for registration or community 1806
and public notification imposed upon sexual predators and sexual 1807
offenders; 1808
(b) Restricts the compiling, reporting, or release of 1809
public records information that relates to sexua l predators or 1810
sexual offenders; or 1811
(c) Prevents any person or entity from performing its 1812
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duties or operating within its statutorily conferred authority 1813
as such duty or authority relates to sexual predators or sexual 1814
offenders. 1815
Section 44. For the purpose of incorporating the 1816
amendments made by this act to sections 943.0435, 944.606, and 1817
944.607, Florida Statutes, in references thereto, section 1818
775.25, Florida Statutes, is reenacted to read: 1819
775.25 Prosecutions for acts or omissions. —A sexual 1820
predator or sexual offender who commits any act or omission in 1821
violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 1822
944.607, or former s. 947.177 may be prosecuted for the act or 1823
omission in the county in which the act or omission was 1824
committed, in the county of the last registered address of the 1825
sexual predator or sexual offender, in the county in which the 1826
conviction occurred for the offense or offenses that meet the 1827
criteria for designating a person as a sexual predator or sexual 1828
offender, in the county where the sexual predator or sexual 1829
offender was released from incarceration, or in the county of 1830
the intended address of the sexual predator or sexual offender 1831
as reported by the predator or offender prior to his or her 1832
release from incarceration. In addition, a sexual predator may 1833
be prosecuted for any such act or omission in the county in 1834
which he or she was designated a sexual predator. 1835
Section 45. For the purpose of incorporating the 1836
amendments made by this act to sections 943.0435 , 944.606, and 1837
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944.607, Florida Statutes, in references thereto, subsection (2) 1838
of section 943.0436, Florida Statutes, is reenacted to read: 1839
943.0436 Duty of the court to uphold laws governing sexual 1840
predators and sexual offenders. — 1841
(2) If a person mee ts the criteria in chapter 775 for 1842
designation as a sexual predator or meets the criteria in s. 1843
943.0435, s. 944.606, s. 944.607, or any other law for 1844
classification as a sexual offender, the court may not enter an 1845
order, for the purpose of approving a ple a agreement or for any 1846
other reason, which: 1847
(a) Exempts a person who meets the criteria for 1848
designation as a sexual predator or classification as a sexual 1849
offender from such designation or classification, or exempts 1850
such person from the requirements for registration or community 1851
and public notification imposed upon sexual predators and sexual 1852
offenders; 1853
(b) Restricts the compiling, reporting, or release of 1854
public records information that relates to sexual predators or 1855
sexual offenders; or 1856
(c) Prevents any person or entity from performing its 1857
duties or operating within its statutorily conferred authority 1858
as such duty or authority relates to sexual predators or sexual 1859
offenders. 1860
Section 46. For the purpose of incorporating the 1861
amendments made by this act to sections 943.0435, 944.606, and 1862
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944.607, Florida Statutes, in references thereto, section 1863
948.31, Florida Statutes, is reenacted to read: 1864
948.31 Evaluation and treatment of sexual predators and 1865
offenders on probation or community control. —The court may 1866
require any probationer or community controllee who is required 1867
to register as a sexual predator under s. 775.21 or sexual 1868
offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 1869
an evaluation, at the probationer or community controllee's 1870
expense, by a qualified practitioner to determine whether such 1871
probationer or community controllee needs sexual offender 1872
treatment. If the qualified practitioner determines that sexual 1873
offender treatment is needed and recommends treatment, the 1874
probationer or community controllee must successfully complete 1875
and pay for the treatment. Such treatment must be obtained from 1876
a qualified practitioner as defined in s. 948.001. Treatment may 1877
not be administered by a qualified practitioner who has been 1878
convicted or adjudicated delinquent of committing, or 1879
attempting, soliciting, or conspiring to commit, any offense 1880
that is listed in s. 943.0435(1)(h)1.a.(I). 1881
Section 47. For the purpose of incorporating the 1882
amendments made by this act to sections 943.0435, 944.606, a nd 1883
944.607, Florida Statutes, in references thereto, paragraph (b) 1884
of subsection (6) of section 985.04, Florida Statutes, is 1885
reenacted to read: 1886
985.04 Oaths; records; confidential information. — 1887
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(6) 1888
(b) Sexual offender and predator registration informa tion 1889
as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, 1890
and 985.4815 is a public record pursuant to s. 119.07(1) and as 1891
otherwise provided by law. 1892
Section 48. This act shall take effect October 1, 2025. 1893