Florida Senate Bill S0844 Latest Draft

 Florida Senate - 2025 SB 844  By Senator DiCeglie 18-00591-25 2025844__ 1 A bill to be entitled 2 An act relating to domestic violence; amending ss. 3 414.0252 and 741.28, F.S.; revising the definition of 4 the term domestic violence to include coercive 5 control of one family or household member by another 6 family or household member; amending ss. 741.281, 7 741.283, 741.29, 741.2901, and 741.30, F.S.; making 8 technical changes; reenacting ss. 25.385(1), 9 39.301(9)(a), 39.902(1), 44.407(3)(b), 61.125(4)(b), 10 61.13(2)(c), 61.13001(7)(j), 61.45(7)(b), 11 90.5036(1)(a), 397.417(4)(e), 406.135(1)(a), 12 420.0004(13), 420.6241(4)(b), 435.03(3), 435.04(3), 13 443.101(1)(a), 456.031(1)(a), 464.018(1)(e), 14 497.005(43), 626.9541(1)(g), 741.313(1)(a), 15 741.402(3), 768.35(1) and (4), 775.08435(1)(c), 16 787.03(4)(b) and (6)(a), 790.401(3)(c), 900.05(2)(t), 17 901.15(7) and (13), 901.41(5), 903.011(6), 18 907.041(5)(a), 921.0024(1)(b), 938.08, 943.171(2)(a), 19 944.705(4), 948.038, 985.255(2), and 985.265(3)(b), 20 F.S., relating to standards for instruction of circuit 21 and county court judges in handling domestic violence 22 and dependency cases; initiation of protective 23 investigations; definitions; an elder-focused dispute 24 resolution process; parenting coordination; parenting 25 and time-sharing; parental relocation with a child; 26 court-ordered parenting plans, risk of violation, and 27 bond; domestic violence advocate-victim privilege; 28 peer specialists; confidentiality of reports of minor 29 victims of domestic violence; definitions; persons 30 with lived experience; level 1 screening standards; 31 level 2 screening standards; disqualification for 32 benefits; requirement for instruction on domestic 33 violence; disciplinary actions; definitions; unfair 34 methods of competition and unfair or deceptive acts or 35 practices; unlawful action against employees seeking 36 protection; definitions; continuing domestic violence, 37 prohibition on withholding adjudication in felony 38 cases; interference with custody; risk protection 39 orders; criminal justice data collection; when arrest 40 by an officer without a warrant is lawful; prearrest 41 diversion programs; pretrial release, general terms, 42 and statewide uniform bond schedule; pretrial 43 detention and release; the Criminal Punishment Code 44 worksheet key; additional cost to fund programs in 45 domestic violence; basic skills training in handling 46 domestic violence cases; the release orientation 47 program; batterers intervention program as a 48 condition of probation, community control, or other 49 court-ordered community supervision; detention 50 criteria; and detention transfer and release, 51 respectively, to incorporate the amendment made to s. 52 741.28, F.S., in references thereto; providing an 53 effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1.Subsection (4) of section 414.0252, Florida 58 Statutes, is amended to read: 59 414.0252Definitions.As used in ss. 414.025-414.55, the 60 term: 61 (4)Domestic violence means coercive control of or any 62 assault, aggravated assault, battery, aggravated battery, sexual 63 assault, sexual battery, stalking, aggravated stalking, 64 kidnapping, false imprisonment, or any criminal offense that 65 results in the physical injury or death of one family or 66 household member by another. 67 Section 2.Subsection (2) of section 741.28, Florida 68 Statutes, is amended to read: 69 741.28Domestic violence; definitions.As used in ss. 70 741.28-741.31: 71 (2)Domestic violence means coercive control of or any 72 assault, aggravated assault, battery, aggravated battery, sexual 73 assault, sexual battery, stalking, aggravated stalking, 74 kidnapping, false imprisonment, or any criminal offense 75 resulting in physical injury or death of one family or household 76 member by another family or household member. 77 Section 3.Section 741.281, Florida Statutes, is amended to 78 read: 79 741.281Court to order batterers intervention program 80 attendance.If a person is found guilty of, has adjudication 81 withheld on, or pleads nolo contendere to a crime of domestic 82 violence, as defined in s. 741.28, that person must shall be 83 ordered by the court to a minimum term of 1 years probation and 84 the court must shall order that the defendant attend and 85 complete a batterers intervention program as a condition of 86 probation. The court must impose the condition of the batterers 87 intervention program for a defendant under this section, but the 88 court may, in its discretion, may determine not to impose the 89 condition if it states on the record why a batterers 90 intervention program might be inappropriate. The court must 91 impose the condition of the batterers intervention program for 92 a defendant placed on probation unless the court determines that 93 the person does not qualify for the batterers intervention 94 program pursuant to s. 741.325. The imposition of probation 95 under this section does not preclude the court from imposing any 96 sentence of imprisonment authorized by s. 775.082. 97 Section 4.Subsection (1) of section 741.283, Florida 98 Statutes, is amended to read: 99 741.283Minimum term of imprisonment for domestic 100 violence. 101 (1)(a)Except as provided in paragraph (b), if a person is 102 adjudicated guilty of a crime of domestic violence, as defined 103 in s. 741.28, and the person has intentionally caused bodily 104 harm to another person, the court must shall order the person to 105 serve a minimum of 10 days in the county jail for a first 106 offense, 15 days for a second offense, and 20 days for a third 107 or subsequent offense as part of the sentence imposed, unless 108 the court sentences the person to a nonsuspended period of 109 incarceration in a state correctional facility. 110 (b)If a person is adjudicated guilty of a crime of 111 domestic violence, as defined in s. 741.28, and the person has 112 intentionally caused bodily harm to another person, and the 113 crime of domestic violence takes place in the presence of a 114 child under 16 years of age who is a family or household member, 115 as defined in s. 741.28, of the victim or the perpetrator, the 116 court must shall order the person to serve a minimum of 15 days 117 in the county jail for a first offense, 20 days for a second 118 offense, and 30 days for a third or subsequent offense as part 119 of the sentence imposed, unless the court sentences the person 120 to a nonsuspended period of incarceration in a state 121 correctional facility. 122 Section 5.Subsection (7) of section 741.29, Florida 123 Statutes, is amended to read: 124 741.29Domestic violence; investigation of incidents; 125 notice to victims of legal rights and remedies; reporting. 126 (7)A person who willfully violates a condition of pretrial 127 release provided in s. 903.047, when the original arrest was for 128 an act of domestic violence as defined in s. 741.28, commits a 129 misdemeanor of the first degree, punishable as provided in s. 130 775.082 or s. 775.083, and must shall be held in custody until 131 his or her first appearance. 132 Section 6.Subsections (2) and (3) of section 741.2901, 133 Florida Statutes, are amended to read: 134 741.2901Domestic violence cases; prosecutors; legislative 135 intent; investigation; duty of circuits; first appearance. 136 (2)It is the intent of the Legislature that domestic 137 violence be treated as a criminal act rather than a private 138 matter. For that reason, criminal prosecution is shall be the 139 favored method of enforcing compliance with injunctions for 140 protection against domestic violence as both length and severity 141 of sentence for those found to have committed the crime of 142 domestic violence can be greater, thus providing greater 143 protection to victims and better accountability of perpetrators. 144 This provision does shall not preclude such enforcement by the 145 court through the use of indirect criminal contempt. The state 146 attorney in each circuit shall adopt a pro-prosecution policy 147 for acts of domestic violence, as defined in s. 741.28, and an 148 intake policy and procedures coordinated with the clerk of court 149 for violations of injunctions for protection against domestic 150 violence. The filing, nonfiling, or diversion of criminal 151 charges, and the prosecution of violations of injunctions for 152 protection against domestic violence by the state attorney, must 153 shall be determined by these specialized prosecutors over the 154 objection of the victim, if necessary. 155 (3)Before Prior to a defendants first appearance in any 156 charge of domestic violence as defined in s. 741.28, the State 157 Attorneys Office shall perform a thorough investigation of the 158 defendants history, including, but not limited to: prior 159 arrests for domestic violence, prior arrests for nondomestic 160 charges, prior injunctions for protection against domestic and 161 repeat violence filed listing the defendant as respondent and 162 noting history of other victims, and prior walk-in domestic 163 complaints filed against the defendant. This information must 164 shall be presented at first appearance, when setting bond, and 165 when passing sentence, for consideration by the court. When a 166 defendant is arrested for an act of domestic violence, the 167 defendant must shall be held in custody until brought before the 168 court for admittance to bail in accordance with chapter 903. In 169 determining bail, the court shall consider the safety of the 170 victim, the victims children, and any other person who may be 171 in danger if the defendant is released. 172 Section 7.Paragraph (a) of subsection (1) and paragraph 173 (a) of subsection (6) of section 741.30, Florida Statutes, are 174 amended to read: 175 741.30Domestic violence; injunction; powers and duties of 176 court and clerk; petition; notice and hearing; temporary 177 injunction; issuance of injunction; statewide verification 178 system; enforcement; public records exemption. 179 (1)There is created a cause of action for an injunction 180 for protection against domestic violence. 181 (a)Any person described in paragraph (e), who is either 182 the victim of domestic violence as defined in s. 741.28 or has 183 reasonable cause to believe he or she is in imminent danger of 184 becoming the victim of any act of domestic violence, has 185 standing in the circuit court to file a verified petition for an 186 injunction for protection against domestic violence. 187 (6)(a)Upon notice and hearing, when it appears to the 188 court that the petitioner is either the victim of domestic 189 violence as defined by s. 741.28 or has reasonable cause to 190 believe he or she is in imminent danger of becoming a victim of 191 domestic violence, the court may grant such relief as the court 192 deems proper, including an injunction: 193 1.Restraining the respondent from committing any acts of 194 domestic violence. 195 2.Awarding to the petitioner the exclusive use and 196 possession of the dwelling that the parties share or excluding 197 the respondent from the residence of the petitioner. 198 3.On the same basis as provided in chapter 61, providing 199 the petitioner with 100 percent of the time-sharing in a 200 temporary parenting plan that remains in effect until the order 201 expires or an order is entered by a court of competent 202 jurisdiction in a pending or subsequent civil action or 203 proceeding affecting the placement of, access to, parental time 204 with, adoption of, or parental rights and responsibilities for 205 the minor child. 206 4.If the petitioner and respondent have an existing 207 parenting plan or time-sharing schedule under another court 208 order, designating that the exchange of the minor child or 209 children of the parties must occur at a neutral safe exchange 210 location as provided in s. 125.01(8) or a location authorized by 211 a supervised visitation program as defined in s. 753.01 if the 212 court determines it is in the best interests of the child after 213 consideration of all of the factors specified in s. 61.13(3). 214 5.On the same basis as provided in chapter 61, 215 establishing temporary support for a minor child or children or 216 the petitioner. An order of temporary support remains in effect 217 until the order expires or an order is entered by a court of 218 competent jurisdiction in a pending or subsequent civil action 219 or proceeding affecting child support. 220 6.Ordering the respondent to participate in treatment, 221 intervention, or counseling services to be paid for by the 222 respondent. When the court orders the respondent to participate 223 in a batterers intervention program, the court, or any entity 224 designated by the court, must provide the respondent with a list 225 of batterers intervention programs from which the respondent 226 must choose a program in which to participate. 227 7.Referring a petitioner to a certified domestic violence 228 center. The court must provide the petitioner with a list of 229 certified domestic violence centers in the circuit which the 230 petitioner may contact. 231 8.Awarding to the petitioner the exclusive care, 232 possession, or control of an animal that is owned, possessed, 233 harbored, kept, or held by the petitioner, the respondent, or a 234 minor child residing in the residence or household of the 235 petitioner or respondent. The court may order the respondent to 236 have no contact with the animal and prohibit the respondent from 237 taking, transferring, encumbering, concealing, harming, or 238 otherwise disposing of the animal. This subparagraph does not 239 apply to an animal owned primarily for a bona fide agricultural 240 purpose, as defined under s. 193.461, or to a service animal, as 241 defined under s. 413.08, if the respondent is the service 242 animals handler. 243 9.Ordering such other relief as the court deems necessary 244 for the protection of a victim of domestic violence, including 245 injunctions or directives to law enforcement agencies, as 246 provided in this section. 247 Section 8.For the purpose of incorporating the amendment 248 made by this act to section 741.28, Florida Statutes, in a 249 reference thereto, subsection (1) of section 25.385, Florida 250 Statutes, is reenacted to read: 251 25.385Standards for instruction of circuit and county 252 court judges in handling domestic violence and dependency 253 cases. 254 (1)The Florida Court Educational Council shall establish 255 standards for instruction of circuit and county court judges who 256 have responsibility for domestic violence cases, and the council 257 shall provide such instruction on a periodic and timely basis. 258 As used in this subsection, the term domestic violence has the 259 meaning set forth in s. 741.28. 260 Section 9.For the purpose of incorporating the amendment 261 made by this act to section 741.28, Florida Statutes, in a 262 reference thereto, paragraph (a) of subsection (9) of section 263 39.301, Florida Statutes, is reenacted to read: 264 39.301Initiation of protective investigations. 265 (9)(a)For each report received from the central abuse 266 hotline and accepted for investigation, the department shall 267 perform the following child protective investigation activities 268 to determine child safety: 269 1.Conduct a review of all relevant, available information 270 specific to the child, family, and alleged maltreatment; family 271 child welfare history; local, state, and federal criminal 272 records checks; and requests for law enforcement assistance 273 provided by the abuse hotline. Based on a review of available 274 information, including the allegations in the current report, a 275 determination shall be made as to whether immediate consultation 276 should occur with law enforcement, the Child Protection Team, a 277 domestic violence shelter or advocate, or a substance abuse or 278 mental health professional. Such consultations should include 279 discussion as to whether a joint response is necessary and 280 feasible. A determination shall be made as to whether the person 281 making the report should be contacted before the face-to-face 282 interviews with the child and family members. 283 2.Conduct face-to-face interviews with the child; other 284 siblings, if any; and the parents, legal custodians, or 285 caregivers. 286 3.Assess the childs residence, including a determination 287 of the composition of the family and household, including the 288 name, address, date of birth, social security number, sex, and 289 race of each child named in the report; any siblings or other 290 children in the same household or in the care of the same 291 adults; the parents, legal custodians, or caregivers; and any 292 other adults in the same household. 293 4.Determine whether there is any indication that any child 294 in the family or household has been abused, abandoned, or 295 neglected; the nature and extent of present or prior injuries, 296 abuse, or neglect, and any evidence thereof; and a determination 297 as to the person or persons apparently responsible for the 298 abuse, abandonment, or neglect, including the name, address, 299 date of birth, social security number, sex, and race of each 300 such person. 301 5.Complete assessment of immediate child safety for each 302 child based on available records, interviews, and observations 303 with all persons named in subparagraph 2. and appropriate 304 collateral contacts, which may include other professionals, and 305 continually assess the childs safety throughout the 306 investigation. The departments child protection investigators 307 are hereby designated a criminal justice agency for the purpose 308 of accessing criminal justice information to be used for 309 enforcing this states laws concerning the crimes of child 310 abuse, abandonment, and neglect. This information shall be used 311 solely for purposes supporting the detection, apprehension, 312 prosecution, pretrial release, posttrial release, or 313 rehabilitation of criminal offenders or persons accused of the 314 crimes of child abuse, abandonment, or neglect and may not be 315 further disseminated or used for any other purpose. 316 6.Document the present and impending dangers to each child 317 based on the identification of inadequate protective capacity 318 through utilization of a standardized safety assessment 319 instrument. If present or impending danger is identified, the 320 child protective investigator must implement a safety plan or 321 take the child into custody. If present danger is identified and 322 the child is not removed, the child protective investigator 323 shall create and implement a safety plan before leaving the home 324 or the location where there is present danger. If impending 325 danger is identified, the child protective investigator shall 326 create and implement a safety plan as soon as necessary to 327 protect the safety of the child. The child protective 328 investigator may modify the safety plan if he or she identifies 329 additional impending danger. 330 a.If the child protective investigator implements a safety 331 plan, the plan must be specific, sufficient, feasible, and 332 sustainable in response to the realities of the present or 333 impending danger. A safety plan may be an in-home plan or an 334 out-of-home plan, or a combination of both. A safety plan may 335 include tasks or responsibilities for a parent, caregiver, or 336 legal custodian. However, a safety plan may not rely on 337 promissory commitments by the parent, caregiver, or legal 338 custodian who is currently not able to protect the child or on 339 services that are not available or will not result in the safety 340 of the child. A safety plan may not be implemented if for any 341 reason the parents, guardian, or legal custodian lacks the 342 capacity or ability to comply with the plan. If the department 343 is not able to develop a plan that is specific, sufficient, 344 feasible, and sustainable, the department shall file a shelter 345 petition. A child protective investigator shall implement 346 separate safety plans for the perpetrator of domestic violence, 347 if the investigator, using reasonable efforts, can locate the 348 perpetrator to implement a safety plan, and for the parent who 349 is a victim of domestic violence as defined in s. 741.28. 350 Reasonable efforts to locate a perpetrator include, but are not 351 limited to, a diligent search pursuant to the same requirements 352 as in s. 39.503. If the perpetrator of domestic violence is not 353 the parent, guardian, or legal custodian of any child in the 354 home and if the department does not intend to file a shelter 355 petition or dependency petition that will assert allegations 356 against the perpetrator as a parent of a child in the home, the 357 child protective investigator shall seek issuance of an 358 injunction authorized by s. 39.504 to implement a safety plan 359 for the perpetrator and impose any other conditions to protect 360 the child. The safety plan for the parent who is a victim of 361 domestic violence may not be shared with the perpetrator. If any 362 party to a safety plan fails to comply with the safety plan 363 resulting in the child being unsafe, the department shall file a 364 shelter petition. 365 b.The child protective investigator shall collaborate with 366 the community-based care lead agency in the development of the 367 safety plan as necessary to ensure that the safety plan is 368 specific, sufficient, feasible, and sustainable. The child 369 protective investigator shall identify services necessary for 370 the successful implementation of the safety plan. The child 371 protective investigator and the community-based care lead agency 372 shall mobilize service resources to assist all parties in 373 complying with the safety plan. The community-based care lead 374 agency shall prioritize safety plan services to families who 375 have multiple risk factors, including, but not limited to, two 376 or more of the following: 377 (I)The parent or legal custodian is of young age; 378 (II)The parent or legal custodian, or an adult currently 379 living in or frequently visiting the home, has a history of 380 substance abuse, mental illness, or domestic violence; 381 (III)The parent or legal custodian, or an adult currently 382 living in or frequently visiting the home, has been previously 383 found to have physically or sexually abused a child; 384 (IV)The parent or legal custodian, or an adult currently 385 living in or frequently visiting the home, has been the subject 386 of multiple allegations by reputable reports of abuse or 387 neglect; 388 (V)The child is physically or developmentally disabled; or 389 (VI)The child is 3 years of age or younger. 390 c.The child protective investigator shall monitor the 391 implementation of the plan to ensure the childs safety until 392 the case is transferred to the lead agency at which time the 393 lead agency shall monitor the implementation. 394 d.The department may file a petition for shelter or 395 dependency without a new child protective investigation or the 396 concurrence of the child protective investigator if the child is 397 unsafe but for the use of a safety plan and the parent or 398 caregiver has not sufficiently increased protective capacities 399 within 90 days after the transfer of the safety plan to the lead 400 agency. 401 Section 10.For the purpose of incorporating the amendment 402 made by this act to section 741.28, Florida Statutes, in a 403 reference thereto, subsection (1) of section 39.902, Florida 404 Statutes, is reenacted to read: 405 39.902Definitions.As used in this part, the term: 406 (1)Domestic violence has the meaning set forth in s. 407 741.28. 408 Section 11.For the purpose of incorporating the amendment 409 made by this act to section 741.28, Florida Statutes, in a 410 reference thereto, paragraph (b) of subsection (3) of section 411 44.407, Florida Statutes, is reenacted to read: 412 44.407Elder-focused dispute resolution process. 413 (3)REFERRAL. 414 (b)The court may not refer a party who has a history of 415 domestic violence or exploitation of an elderly person to 416 eldercaring coordination unless the elder and other parties in 417 the action consent to such referral. 418 1.The court shall offer each party an opportunity to 419 consult with an attorney or a domestic violence advocate before 420 accepting consent to such referral. The court shall determine 421 whether each party has given his or her consent freely and 422 voluntarily. 423 2.The court shall consider whether a party has committed 424 an act of exploitation as defined in s. 415.102, exploitation of 425 an elderly person or disabled adult as defined in s. 825.103(1), 426 or domestic violence as defined in s. 741.28 against another 427 party or any member of another partys family; engaged in a 428 pattern of behaviors that exert power and control over another 429 party and that may compromise another partys ability to 430 negotiate a fair result; or engaged in behavior that leads 431 another party to have reasonable cause to believe that he or she 432 is in imminent danger of becoming a victim of domestic violence. 433 The court shall consider and evaluate all relevant factors, 434 including, but not limited to, the factors specified in s. 435 741.30(6)(b). 436 3.If a party has a history of domestic violence or 437 exploitation of an elderly person, the court must order 438 safeguards to protect the safety of the participants and the 439 elder and the elders property, including, but not limited to, 440 adherence to all provisions of an injunction for protection or 441 conditions of bail, probation, or a sentence arising from 442 criminal proceedings. 443 Section 12.For the purpose of incorporating the amendment 444 made by this act to section 741.28, Florida Statutes, in a 445 reference thereto, paragraph (b) of subsection (4) of section 446 61.125, Florida Statutes, is reenacted to read: 447 61.125Parenting coordination. 448 (4)DOMESTIC VIOLENCE ISSUES. 449 (b)In determining whether there has been a history of 450 domestic violence, the court shall consider whether a party has 451 committed an act of domestic violence as defined s. 741.28, or 452 child abuse as defined in s. 39.01, against the other party or 453 any member of the other partys family; engaged in a pattern of 454 behaviors that exert power and control over the other party and 455 that may compromise the other partys ability to negotiate a 456 fair result; or engaged in behavior that leads the other party 457 to have reasonable cause to believe he or she is in imminent 458 danger of becoming a victim of domestic violence. The court 459 shall consider and evaluate all relevant factors, including, but 460 not limited to, the factors listed in s. 741.30(6)(b). 461 Section 13.For the purpose of incorporating the amendment 462 made by this act to section 741.28, Florida Statutes, in a 463 reference thereto, paragraph (c) of subsection (2) of section 464 61.13, Florida Statutes, is reenacted to read: 465 61.13Support of children; parenting and time-sharing; 466 powers of court. 467 (2) 468 (c)The court shall determine all matters relating to 469 parenting and time-sharing of each minor child of the parties in 470 accordance with the best interests of the child and in 471 accordance with the Uniform Child Custody Jurisdiction and 472 Enforcement Act, except that modification of a parenting plan 473 and time-sharing schedule requires a showing of a substantial 474 and material change of circumstances. 475 1.It is the public policy of this state that each minor 476 child has frequent and continuing contact with both parents 477 after the parents separate or the marriage of the parties is 478 dissolved and to encourage parents to share the rights and 479 responsibilities, and joys, of childrearing. Unless otherwise 480 provided in this section or agreed to by the parties, there is a 481 rebuttable presumption that equal time-sharing of a minor child 482 is in the best interests of the minor child. To rebut this 483 presumption, a party must prove by a preponderance of the 484 evidence that equal time-sharing is not in the best interests of 485 the minor child. Except when a time-sharing schedule is agreed 486 to by the parties and approved by the court, the court must 487 evaluate all of the factors set forth in subsection (3) and make 488 specific written findings of fact when creating or modifying a 489 time-sharing schedule. 490 2.The court shall order that the parental responsibility 491 for a minor child be shared by both parents unless the court 492 finds that shared parental responsibility would be detrimental 493 to the child. In determining detriment to the child, the court 494 shall consider: 495 a.Evidence of domestic violence, as defined in s. 741.28; 496 b.Whether either parent has or has had reasonable cause to 497 believe that he or she or his or her minor child or children are 498 or have been in imminent danger of becoming victims of an act of 499 domestic violence as defined in s. 741.28 or sexual violence as 500 defined in s. 784.046(1)(c) by the other parent against the 501 parent or against the child or children whom the parents share 502 in common regardless of whether a cause of action has been 503 brought or is currently pending in the court; 504 c.Whether either parent has or has had reasonable cause to 505 believe that his or her minor child or children are or have been 506 in imminent danger of becoming victims of an act of abuse, 507 abandonment, or neglect, as those terms are defined in s. 39.01, 508 by the other parent against the child or children whom the 509 parents share in common regardless of whether a cause of action 510 has been brought or is currently pending in the court; and 511 d.Any other relevant factors. 512 3.The following evidence creates a rebuttable presumption 513 that shared parental responsibility is detrimental to the child: 514 a.A parent has been convicted of a misdemeanor of the 515 first degree or higher involving domestic violence, as defined 516 in s. 741.28 and chapter 775; 517 b.A parent meets the criteria of s. 39.806(1)(d); or 518 c.A parent has been convicted of or had adjudication 519 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 520 at the time of the offense: 521 (I)The parent was 18 years of age or older. 522 (II)The victim was under 18 years of age or the parent 523 believed the victim to be under 18 years of age. 524 525 If the presumption is not rebutted after the convicted parent is 526 advised by the court that the presumption exists, shared 527 parental responsibility, including time-sharing with the child, 528 and decisions made regarding the child, may not be granted to 529 the convicted parent. However, the convicted parent is not 530 relieved of any obligation to provide financial support. If the 531 court determines that shared parental responsibility would be 532 detrimental to the child, it may order sole parental 533 responsibility and make such arrangements for time-sharing as 534 specified in the parenting plan as will best protect the child 535 or abused spouse from further harm. Whether or not there is a 536 conviction of any offense of domestic violence or child abuse or 537 the existence of an injunction for protection against domestic 538 violence, the court shall consider evidence of domestic violence 539 or child abuse as evidence of detriment to the child. 540 4.In ordering shared parental responsibility, the court 541 may consider the expressed desires of the parents and may grant 542 to one party the ultimate responsibility over specific aspects 543 of the childs welfare or may divide those responsibilities 544 between the parties based on the best interests of the child. 545 Areas of responsibility may include education, health care, and 546 any other responsibilities that the court finds unique to a 547 particular family. 548 5.The court shall order sole parental responsibility for a 549 minor child to one parent, with or without time-sharing with the 550 other parent if it is in the best interests of the minor child. 551 6.There is a rebuttable presumption against granting time 552 sharing with a minor child if a parent has been convicted of or 553 had adjudication withheld for an offense enumerated in s. 554 943.0435(1)(h)1.a., and at the time of the offense: 555 a.The parent was 18 years of age or older. 556 b.The victim was under 18 years of age or the parent 557 believed the victim to be under 18 years of age. 558 559 A parent may rebut the presumption upon a specific finding in 560 writing by the court that the parent poses no significant risk 561 of harm to the child and that time-sharing is in the best 562 interests of the minor child. If the presumption is rebutted, 563 the court must consider all time-sharing factors in subsection 564 (3) when developing a time-sharing schedule. 565 7.Access to records and information pertaining to a minor 566 child, including, but not limited to, medical, dental, and 567 school records, may not be denied to either parent. Full rights 568 under this subparagraph apply to either parent unless a court 569 order specifically revokes these rights, including any 570 restrictions on these rights as provided in a domestic violence 571 injunction. A parent having rights under this subparagraph has 572 the same rights upon request as to form, substance, and manner 573 of access as are available to the other parent of a child, 574 including, without limitation, the right to in-person 575 communication with medical, dental, and education providers. 576 Section 14.For the purpose of incorporating the amendment 577 made by this act to section 741.28, Florida Statutes, in a 578 reference thereto, paragraph (j) of subsection (7) of section 579 61.13001, Florida Statutes, is reenacted to read: 580 61.13001Parental relocation with a child. 581 (7)NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED 582 RELOCATION.A presumption in favor of or against a request to 583 relocate with the child does not arise if a parent or other 584 person seeks to relocate and the move will materially affect the 585 current schedule of contact, access, and time-sharing with the 586 nonrelocating parent or other person. In reaching its decision 587 regarding a proposed temporary or permanent relocation, the 588 court shall evaluate all of the following: 589 (j)A history of substance abuse or domestic violence as 590 defined in s. 741.28 or which meets the criteria of s. 591 39.806(1)(d) by either parent, including a consideration of the 592 severity of such conduct and the failure or success of any 593 attempts at rehabilitation. 594 Section 15.For the purpose of incorporating the amendment 595 made by this act to section 741.28, Florida Statutes, in a 596 reference thereto, paragraph (b) of subsection (7) of section 597 61.45, Florida Statutes, is reenacted to read: 598 61.45Court-ordered parenting plan; risk of violation; 599 bond. 600 (7) 601 (b)This section, including the requirement to post a bond 602 or other security, does not apply to a parent who, in a 603 proceeding to order or modify a parenting plan or time-sharing 604 schedule, is determined by the court to be a victim of an act of 605 domestic violence or provides the court with reasonable cause to 606 believe that he or she is about to become the victim of an act 607 of domestic violence, as defined in s. 741.28. An injunction for 608 protection against domestic violence issued pursuant to s. 609 741.30 for a parent as the petitioner which is in effect at the 610 time of the court proceeding shall be one means of demonstrating 611 sufficient evidence that the parent is a victim of domestic 612 violence or is about to become the victim of an act of domestic 613 violence, as defined in s. 741.28, and shall exempt the parent 614 from this section, including the requirement to post a bond or 615 other security. A parent who is determined by the court to be 616 exempt from the requirements of this section must meet the 617 requirements of s. 787.03(6) if an offense of interference with 618 the parenting plan or time-sharing schedule is committed. 619 Section 16.For the purpose of incorporating the amendment 620 made by this act to section 741.28, Florida Statutes, in a 621 reference thereto, paragraph (a) of subsection (1) of section 622 90.5036, Florida Statutes, is reenacted to read: 623 90.5036Domestic violence advocate-victim privilege. 624 (1)For purposes of this section: 625 (a)A domestic violence center is any public or private 626 agency that offers assistance to victims of domestic violence, 627 as defined in s. 741.28, and their families. 628 Section 17.For the purpose of incorporating the amendment 629 made by this act to section 741.28, Florida Statutes, in a 630 reference thereto, paragraph (e) of subsection (4) of section 631 397.417, Florida Statutes, is reenacted to read: 632 397.417Peer specialists. 633 (4)BACKGROUND SCREENING. 634 (e)The background screening conducted under this 635 subsection must ensure that a peer specialist has not been 636 arrested for and is awaiting final disposition of, found guilty 637 of, regardless of adjudication, or entered a plea of nolo 638 contendere or guilty to, or been adjudicated delinquent and the 639 record has not been sealed or expunged for, any offense 640 prohibited under any of the following state laws or similar laws 641 of another jurisdiction: 642 1.Section 393.135, relating to sexual misconduct with 643 certain developmentally disabled clients and reporting of such 644 sexual misconduct. 645 2.Section 394.4593, relating to sexual misconduct with 646 certain mental health patients and reporting of such sexual 647 misconduct. 648 3.Section 409.920, relating to Medicaid provider fraud, if 649 the offense was a felony of the first or second degree. 650 4.Section 415.111, relating to abuse, neglect, or 651 exploitation of vulnerable adults. 652 5.Any offense that constitutes domestic violence as 653 defined in s. 741.28. 654 6.Section 777.04, relating to attempts, solicitation, and 655 conspiracy to commit an offense listed in this paragraph. 656 7.Section 782.04, relating to murder. 657 8.Section 782.07, relating to manslaughter; aggravated 658 manslaughter of an elderly person or a disabled adult; 659 aggravated manslaughter of a child; or aggravated manslaughter 660 of an officer, a firefighter, an emergency medical technician, 661 or a paramedic. 662 9.Section 782.071, relating to vehicular homicide. 663 10.Section 782.09, relating to killing an unborn child by 664 injury to the mother. 665 11.Chapter 784, relating to assault, battery, and culpable 666 negligence, if the offense was a felony. 667 12.Section 787.01, relating to kidnapping. 668 13.Section 787.02, relating to false imprisonment. 669 14.Section 787.025, relating to luring or enticing a 670 child. 671 15.Section 787.04(2), relating to leading, taking, 672 enticing, or removing a minor beyond state limits, or concealing 673 the location of a minor, with criminal intent pending custody 674 proceedings. 675 16.Section 787.04(3), relating to leading, taking, 676 enticing, or removing a minor beyond state limits, or concealing 677 the location of a minor, with criminal intent pending dependency 678 proceedings or proceedings concerning alleged abuse or neglect 679 of a minor. 680 17.Section 790.115(1), relating to exhibiting firearms or 681 weapons within 1,000 feet of a school. 682 18.Section 790.115(2)(b), relating to possessing an 683 electric weapon or device, a destructive device, or any other 684 weapon on school property. 685 19.Section 794.011, relating to sexual battery. 686 20.Former s. 794.041, relating to prohibited acts of 687 persons in familial or custodial authority. 688 21.Section 794.05, relating to unlawful sexual activity 689 with certain minors. 690 22.Section 794.08, relating to female genital mutilation. 691 23.Section 796.07, relating to procuring another to commit 692 prostitution, except for those offenses expunged pursuant to s. 693 943.0583. 694 24.Section 798.02, relating to lewd and lascivious 695 behavior. 696 25.Chapter 800, relating to lewdness and indecent 697 exposure. 698 26.Section 806.01, relating to arson. 699 27.Section 810.02, relating to burglary, if the offense 700 was a felony of the first degree. 701 28.Section 810.14, relating to voyeurism, if the offense 702 was a felony. 703 29.Section 810.145, relating to digital voyeurism, if the 704 offense was a felony. 705 30.Section 812.13, relating to robbery. 706 31.Section 812.131, relating to robbery by sudden 707 snatching. 708 32.Section 812.133, relating to carjacking. 709 33.Section 812.135, relating to home-invasion robbery. 710 34.Section 817.034, relating to communications fraud, if 711 the offense was a felony of the first degree. 712 35.Section 817.234, relating to false and fraudulent 713 insurance claims, if the offense was a felony of the first or 714 second degree. 715 36.Section 817.50, relating to fraudulently obtaining 716 goods or services from a health care provider and false reports 717 of a communicable disease. 718 37.Section 817.505, relating to patient brokering. 719 38.Section 817.568, relating to fraudulent use of personal 720 identification, if the offense was a felony of the first or 721 second degree. 722 39.Section 825.102, relating to abuse, aggravated abuse, 723 or neglect of an elderly person or a disabled adult. 724 40.Section 825.1025, relating to lewd or lascivious 725 offenses committed upon or in the presence of an elderly person 726 or a disabled person. 727 41.Section 825.103, relating to exploitation of an elderly 728 person or a disabled adult, if the offense was a felony. 729 42.Section 826.04, relating to incest. 730 43.Section 827.03, relating to child abuse, aggravated 731 child abuse, or neglect of a child. 732 44.Section 827.04, relating to contributing to the 733 delinquency or dependency of a child. 734 45.Former s. 827.05, relating to negligent treatment of 735 children. 736 46.Section 827.071, relating to sexual performance by a 737 child. 738 47.Section 831.30, relating to fraud in obtaining 739 medicinal drugs. 740 48.Section 831.31, relating to the sale; manufacture; 741 delivery; or possession with intent to sell, manufacture, or 742 deliver of any counterfeit controlled substance, if the offense 743 was a felony. 744 49.Section 843.01, relating to resisting arrest with 745 violence. 746 50.Section 843.025, relating to depriving a law 747 enforcement, correctional, or correctional probation officer of 748 the means of protection or communication. 749 51.Section 843.12, relating to aiding in an escape. 750 52.Section 843.13, relating to aiding in the escape of 751 juvenile inmates of correctional institutions. 752 53.Chapter 847, relating to obscenity. 753 54.Section 874.05, relating to encouraging or recruiting 754 another to join a criminal gang. 755 55.Chapter 893, relating to drug abuse prevention and 756 control, if the offense was a felony of the second degree or 757 greater severity. 758 56.Section 895.03, relating to racketeering and collection 759 of unlawful debts. 760 57.Section 896.101, relating to the Florida Money 761 Laundering Act. 762 58.Section 916.1075, relating to sexual misconduct with 763 certain forensic clients and reporting of such sexual 764 misconduct. 765 59.Section 944.35(3), relating to inflicting cruel or 766 inhuman treatment on an inmate resulting in great bodily harm. 767 60.Section 944.40, relating to escape. 768 61.Section 944.46, relating to harboring, concealing, or 769 aiding an escaped prisoner. 770 62.Section 944.47, relating to introduction of contraband 771 into a correctional institution. 772 63.Section 985.701, relating to sexual misconduct in 773 juvenile justice programs. 774 64.Section 985.711, relating to introduction of contraband 775 into a detention facility. 776 Section 18.For the purpose of incorporating the amendment 777 made by this act to section 741.28, Florida Statutes, in a 778 reference thereto, paragraph (a) of subsection (1) of section 779 406.135, Florida Statutes, is reenacted to read: 780 406.135Autopsies; confidentiality of photographs and video 781 and audio recordings; confidentiality of reports of minor 782 victims of domestic violence; exemption. 783 (1)As used in this section, the term: 784 (a)Domestic violence has the same meaning as in s. 785 741.28. 786 Section 19.For the purpose of incorporating the amendment 787 made by this act to section 741.28, Florida Statutes, in a 788 reference thereto, subsection (13) of section 420.0004, Florida 789 Statutes, is reenacted to read: 790 420.0004Definitions.As used in this part, unless the 791 context otherwise indicates: 792 (13)Person with special needs means an adult person 793 requiring independent living services in order to maintain 794 housing or develop independent living skills and who has a 795 disabling condition; a young adult formerly in foster care who 796 is eligible for services under s. 409.1451(5); a survivor of 797 domestic violence as defined in s. 741.28; or a person receiving 798 benefits under the Social Security Disability Insurance (SSDI) 799 program or the Supplemental Security Income (SSI) program or 800 from veterans disability benefits. 801 Section 20.For the purpose of incorporating the amendment 802 made by this act to section 741.28, Florida Statutes, in a 803 reference thereto, paragraph (b) of subsection (4) of section 804 420.6241, Florida Statutes, is reenacted to read: 805 420.6241Persons with lived experience. 806 (4)BACKGROUND SCREENING. 807 (b)The background screening conducted under this 808 subsection must ensure that the qualified applicant has not been 809 arrested for and is not awaiting final disposition of, has not 810 been found guilty of, regardless of adjudication, or entered a 811 plea of nolo contendere or guilty to, or has not been 812 adjudicated delinquent and the record has been sealed or 813 expunged for, any offense prohibited under any of the following 814 state laws or similar laws of another jurisdiction: 815 1.Section 393.135, relating to sexual misconduct with 816 certain developmentally disabled clients and reporting of such 817 sexual misconduct. 818 2.Section 394.4593, relating to sexual misconduct with 819 certain mental health patients and reporting of such sexual 820 misconduct. 821 3.Section 409.920, relating to Medicaid provider fraud, if 822 the offense is a felony of the first or second degree. 823 4.Section 415.111, relating to criminal penalties for 824 abuse, neglect, or exploitation of vulnerable adults. 825 5.Any offense that constitutes domestic violence, as 826 defined in s. 741.28. 827 6.Section 777.04, relating to attempts, solicitation, and 828 conspiracy to commit an offense listed in this paragraph. 829 7.Section 782.04, relating to murder. 830 8.Section 782.07, relating to manslaughter, aggravated 831 manslaughter of an elderly person or a disabled adult, 832 aggravated manslaughter of a child, or aggravated manslaughter 833 of an officer, a firefighter, an emergency medical technician, 834 or a paramedic. 835 9.Section 782.071, relating to vehicular homicide. 836 10.Section 782.09, relating to killing of an unborn child 837 by injury to the mother. 838 11.Chapter 784, relating to assault, battery, and culpable 839 negligence, if the offense is a felony. 840 12.Section 787.01, relating to kidnapping. 841 13.Section 787.02, relating to false imprisonment. 842 14.Section 787.025, relating to luring or enticing a 843 child. 844 15.Section 787.04(2), relating to leading, taking, 845 enticing, or removing a minor beyond the state limits, or 846 concealing the location of a minor, with criminal intent pending 847 custody proceedings. 848 16.Section 787.04(3), relating to leading, taking, 849 enticing, or removing a minor beyond the state limits, or 850 concealing the location of a minor, with criminal intent pending 851 dependency proceedings or proceedings concerning alleged abuse 852 or neglect of a minor. 853 17.Section 790.115(1), relating to exhibiting firearms or 854 weapons within 1,000 feet of a school. 855 18.Section 790.115(2)(b), relating to possessing an 856 electric weapon or device, a destructive device, or any other 857 weapon on school property. 858 19.Section 794.011, relating to sexual battery. 859 20.Former s. 794.041, relating to prohibited acts of 860 persons in familial or custodial authority. 861 21.Section 794.05, relating to unlawful sexual activity 862 with certain minors. 863 22.Section 794.08, relating to female genital mutilation. 864 23.Section 796.07, relating to procuring another to commit 865 prostitution, except for those offenses expunged pursuant to s. 866 943.0583. 867 24.Section 798.02, relating to lewd and lascivious 868 behavior. 869 25.Chapter 800, relating to lewdness and indecent 870 exposure. 871 26.Section 806.01, relating to arson. 872 27.Section 810.02, relating to burglary, if the offense is 873 a felony of the first degree. 874 28.Section 810.14, relating to voyeurism, if the offense 875 is a felony. 876 29.Section 810.145, relating to video voyeurism, if the 877 offense is a felony. 878 30.Section 812.13, relating to robbery. 879 31.Section 812.131, relating to robbery by sudden 880 snatching. 881 32.Section 812.133, relating to carjacking. 882 33.Section 812.135, relating to home-invasion robbery. 883 34.Section 817.034, relating to communications fraud, if 884 the offense is a felony of the first degree. 885 35.Section 817.234, relating to false and fraudulent 886 insurance claims, if the offense is a felony of the first or 887 second degree. 888 36.Section 817.50, relating to fraudulently obtaining 889 goods or services from a health care provider and false reports 890 of a communicable disease. 891 37.Section 817.505, relating to patient brokering. 892 38.Section 817.568, relating to fraudulent use of personal 893 identification, if the offense is a felony of the first or 894 second degree. 895 39.Section 825.102, relating to abuse, aggravated abuse, 896 or neglect of an elderly person or a disabled adult. 897 40.Section 825.1025, relating to lewd or lascivious 898 offenses committed upon or in the presence of an elderly person 899 or a disabled person. 900 41.Section 825.103, relating to exploitation of an elderly 901 person or a disabled adult, if the offense is a felony. 902 42.Section 826.04, relating to incest. 903 43.Section 827.03, relating to child abuse, aggravated 904 child abuse, or neglect of a child. 905 44.Section 827.04, relating to contributing to the 906 delinquency or dependency of a child. 907 45.Former s. 827.05, relating to negligent treatment of 908 children. 909 46.Section 827.071, relating to sexual performance by a 910 child. 911 47.Section 831.30, relating to fraud in obtaining 912 medicinal drugs. 913 48.Section 831.31, relating to the sale, manufacture, 914 delivery, or possession with intent to sell, manufacture, or 915 deliver any counterfeit controlled substance, if the offense is 916 a felony. 917 49.Section 843.01, relating to resisting arrest with 918 violence. 919 50.Section 843.025, relating to depriving a law 920 enforcement, correctional, or correctional probation officer of 921 the means of protection or communication. 922 51.Section 843.12, relating to aiding in an escape. 923 52.Section 843.13, relating to aiding in the escape of 924 juvenile inmates of correctional institutions. 925 53.Chapter 847, relating to obscenity. 926 54.Section 874.05, relating to encouraging or recruiting 927 another to join a criminal gang. 928 55.Chapter 893, relating to drug abuse prevention and 929 control, if the offense is a felony of the second degree or 930 greater severity. 931 56.Section 895.03, relating to racketeering and collection 932 of unlawful debts. 933 57.Section 896.101, relating to the Florida Money 934 Laundering Act. 935 58.Section 916.1075, relating to sexual misconduct with 936 certain forensic clients and reporting of such sexual 937 misconduct. 938 59.Section 944.35(3), relating to inflicting cruel or 939 inhuman treatment on an inmate, resulting in great bodily harm. 940 60.Section 944.40, relating to escape. 941 61.Section 944.46, relating to harboring, concealing, or 942 aiding an escaped prisoner. 943 62.Section 944.47, relating to introduction of contraband 944 into a correctional institution. 945 63.Section 985.701, relating to sexual misconduct in 946 juvenile justice programs. 947 64.Section 985.711, relating to introduction of contraband 948 into a detention facility. 949 Section 21.For the purpose of incorporating the amendment 950 made by this act to section 741.28, Florida Statutes, in a 951 reference thereto, subsection (3) of section 435.03, Florida 952 Statutes, is reenacted to read: 953 435.03Level 1 screening standards. 954 (3)The security background investigations under this 955 section must ensure that no person subject to this section has 956 been found guilty of, regardless of adjudication, or entered a 957 plea of nolo contendere or guilty to, any offense that 958 constitutes domestic violence as defined in s. 741.28, whether 959 such act was committed in this state or in another jurisdiction. 960 Section 22.For the purpose of incorporating the amendment 961 made by this act to section 741.28, Florida Statutes, in a 962 reference thereto, subsection (3) of section 435.04, Florida 963 Statutes, is reenacted to read: 964 435.04Level 2 screening standards. 965 (3)The security background investigations under this 966 section must ensure that no person subject to this section has 967 been arrested for and is awaiting final disposition of, been 968 found guilty of, regardless of adjudication, or entered a plea 969 of nolo contendere or guilty to, any offense that constitutes 970 domestic violence as defined in s. 741.28, whether such act was 971 committed in this state or in another jurisdiction. 972 Section 23.For the purpose of incorporating the amendment 973 made by this act to section 741.28, Florida Statutes, in a 974 reference thereto, paragraph (a) of subsection (1) of section 975 443.101, Florida Statutes, is reenacted to read: 976 443.101Disqualification for benefits.An individual shall 977 be disqualified for benefits: 978 (1)(a)For the week in which he or she has voluntarily left 979 work without good cause attributable to his or her employing 980 unit or for the week in which he or she has been discharged by 981 the employing unit for misconduct connected with his or her 982 work, based on a finding by the Department of Commerce. As used 983 in this paragraph, the term work means any work, whether full 984 time, part-time, or temporary. 985 1.Disqualification for voluntarily quitting continues for 986 the full period of unemployment next ensuing after the 987 individual has left his or her full-time, part-time, or 988 temporary work voluntarily without good cause and until the 989 individual has earned income equal to or greater than 17 times 990 his or her weekly benefit amount. As used in this subsection, 991 the term good cause includes only that cause attributable to 992 the employing unit which would compel a reasonable employee to 993 cease working or attributable to the individuals illness or 994 disability requiring separation from his or her work. Any other 995 disqualification may not be imposed. 996 2.An individual is not disqualified under this subsection 997 for: 998 a.Voluntarily leaving temporary work to return immediately 999 when called to work by the permanent employing unit that 1000 temporarily terminated his or her work within the previous 6 1001 calendar months; 1002 b.Voluntarily leaving work to relocate as a result of his 1003 or her military-connected spouses permanent change of station 1004 orders, activation orders, or unit deployment orders; or 1005 c.Voluntarily leaving work if he or she proves that his or 1006 her discontinued employment is a direct result of circumstances 1007 related to domestic violence as defined in s. 741.28. An 1008 individual who voluntarily leaves work under this sub 1009 subparagraph must: 1010 (I)Make reasonable efforts to preserve employment, unless 1011 the individual establishes that such remedies are likely to be 1012 futile or to increase the risk of future incidents of domestic 1013 violence. Such efforts may include seeking a protective 1014 injunction, relocating to a secure place, or seeking reasonable 1015 accommodation from the employing unit, such as a transfer or 1016 change of assignment; 1017 (II)Provide evidence such as an injunction, a protective 1018 order, or other documentation authorized by state law which 1019 reasonably proves that domestic violence has occurred; and 1020 (III)Reasonably believe that he or she is likely to be the 1021 victim of a future act of domestic violence at, in transit to, 1022 or departing from his or her place of employment. 1023 3.The employment record of an employing unit may not be 1024 charged for the payment of benefits to an individual who has 1025 voluntarily left work under sub-subparagraph 2.c. 1026 4.Disqualification for being discharged for misconduct 1027 connected with his or her work continues for the full period of 1028 unemployment next ensuing after having been discharged and until 1029 the individual is reemployed and has earned income of at least 1030 17 times his or her weekly benefit amount and for not more than 1031 52 weeks immediately following that week, as determined by the 1032 department in each case according to the circumstances or the 1033 seriousness of the misconduct, under the departments rules for 1034 determining disqualification for benefits for misconduct. 1035 5.If an individual has provided notification to the 1036 employing unit of his or her intent to voluntarily leave work 1037 and the employing unit discharges the individual for reasons 1038 other than misconduct before the date the voluntary quit was to 1039 take effect, the individual, if otherwise entitled, shall 1040 receive benefits from the date of the employers discharge until 1041 the effective date of his or her voluntary quit. 1042 6.If an individual is notified by the employing unit of 1043 the employers intent to discharge the individual for reasons 1044 other than misconduct and the individual quits without good 1045 cause before the date the discharge was to take effect, the 1046 claimant is ineligible for benefits pursuant to s. 443.091(1)(d) 1047 for failing to be available for work for the week or weeks of 1048 unemployment occurring before the effective date of the 1049 discharge. 1050 Section 24.For the purpose of incorporating the amendment 1051 made by this act to section 741.28, Florida Statutes, in a 1052 reference thereto, paragraph (a) of subsection (1) of section 1053 456.031, Florida Statutes, is reenacted to read: 1054 456.031Requirement for instruction on domestic violence. 1055 (1)(a)The appropriate board shall require each person 1056 licensed or certified under chapter 458, chapter 459, part I of 1057 chapter 464, chapter 466, chapter 467, chapter 490, or chapter 1058 491 to complete a 2-hour continuing education course, approved 1059 by the board, on domestic violence, as defined in s. 741.28, as 1060 part of every third biennial relicensure or recertification. The 1061 course shall consist of information on the number of patients in 1062 that professionals practice who are likely to be victims of 1063 domestic violence and the number who are likely to be 1064 perpetrators of domestic violence, screening procedures for 1065 determining whether a patient has any history of being either a 1066 victim or a perpetrator of domestic violence, and instruction on 1067 how to provide such patients with information on, or how to 1068 refer such patients to, resources in the local community, such 1069 as domestic violence centers and other advocacy groups, that 1070 provide legal aid, shelter, victim counseling, batterer 1071 counseling, or child protection services. 1072 Section 25.For the purpose of incorporating the amendment 1073 made by this act to section 741.28, Florida Statutes, in a 1074 reference thereto, paragraph (e) of subsection (1) of section 1075 464.018, Florida Statutes, is reenacted to read: 1076 464.018Disciplinary actions. 1077 (1)The following acts constitute grounds for denial of a 1078 license or disciplinary action, as specified in ss. 456.072(2) 1079 and 464.0095: 1080 (e)Having been found guilty of or entered a plea of nolo 1081 contendere or guilty to, regardless of adjudication, any offense 1082 prohibited under s. 435.04 or similar statute of another 1083 jurisdiction; or having committed an act which constitutes 1084 domestic violence as defined in s. 741.28. 1085 Section 26.For the purpose of incorporating the amendment 1086 made by this act to section 741.28, Florida Statutes, in a 1087 reference thereto, subsection (43) of section 497.005, Florida 1088 Statutes, is reenacted to read: 1089 497.005Definitions.As used in this chapter, the term: 1090 (43)(a)Legally authorized person means, in the priority 1091 listed: 1092 1.The decedent, when written inter vivos authorizations 1093 and directions are provided by the decedent; 1094 2.The person designated by the decedent as authorized to 1095 direct disposition pursuant to Pub. L. No. 109-163, s. 564, as 1096 listed on the decedents United States Department of Defense 1097 Record of Emergency Data, DD Form 93, or its successor form, if 1098 the decedent died while in military service as described in 10 1099 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States 1100 Armed Forces, United States Reserve Forces, or National Guard; 1101 3.The surviving spouse; 1102 4.A son or daughter who is 18 years of age or older; 1103 5.A parent; 1104 6.A brother or sister who is 18 years of age or older; 1105 7.A grandchild who is 18 years of age or older; 1106 8.A grandparent; or 1107 9.Any person in the next degree of kinship. 1108 (b)In addition, the term legally authorized person may 1109 include, if no family member exists or is available from 1110 paragraph (a), the guardian of the dead person at the time of 1111 death; the personal representative of the deceased; the attorney 1112 in fact of the dead person at the time of death; the health 1113 surrogate of the dead person at the time of death; a public 1114 health officer; the medical examiner, county commission, or 1115 administrator acting under part II of chapter 406 or other 1116 public administrator; a representative of a nursing home or 1117 other health care institution in charge of final disposition; or 1118 a friend or other person, including a member of a representative 1119 community organization, not listed in this subsection who is 1120 willing to assume the responsibility as the legally authorized 1121 person. Where there is a person in any priority class listed in 1122 this subsection, the funeral establishment shall rely upon the 1123 authorization of any one legally authorized person of that class 1124 if that person represents that she or he is not aware of any 1125 objection to the cremation of the deceaseds human remains by 1126 others in the same class of the person making the representation 1127 or of any person in a higher priority class. 1128 1129 No person who has been arrested for committing against the 1130 deceased an act of domestic violence as defined in s. 741.28, or 1131 any act that resulted in or contributed to the death of the 1132 deceased shall be accorded any legally recognizable interest 1133 under this section consistent with s. 732.802. 1134 Section 27.For the purpose of incorporating the amendment 1135 made by this act to section 741.28, Florida Statutes, in a 1136 reference thereto, paragraph (g) of subsection (1) of section 1137 626.9541, Florida Statutes, is reenacted to read: 1138 626.9541Unfair methods of competition and unfair or 1139 deceptive acts or practices defined. 1140 (1)UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1141 ACTS.The following are defined as unfair methods of competition 1142 and unfair or deceptive acts or practices: 1143 (g)Unfair discrimination. 1144 1.Knowingly making or permitting unfair discrimination 1145 between individuals of the same actuarially supportable class 1146 and equal expectation of life, in the rates charged for a life 1147 insurance or annuity contract, in the dividends or other 1148 benefits payable thereon, or in any other term or condition of 1149 such contract. 1150 2.Knowingly making or permitting unfair discrimination 1151 between individuals of the same actuarially supportable class, 1152 as determined at the time of initial issuance of the coverage, 1153 and essentially the same hazard, in the amount of premium, 1154 policy fees, or rates charged for a policy or contract of 1155 accident, disability, or health insurance, in the benefits 1156 payable thereunder, in the terms or conditions of such contract, 1157 or in any other manner. 1158 3.For a health insurer, life insurer, disability insurer, 1159 property and casualty insurer, automobile insurer, or managed 1160 care provider to underwrite a policy, or refuse to issue, 1161 reissue, or renew a policy, refuse to pay a claim, cancel or 1162 otherwise terminate a policy, or increase rates based upon the 1163 fact that an insured or applicant who is also the proposed 1164 insured has made a claim or sought or should have sought medical 1165 or psychological treatment in the past for abuse, protection 1166 from abuse, or shelter from abuse, or that a claim was caused in 1167 the past by, or might occur as a result of, any future assault, 1168 battery, or sexual assault by a family or household member upon 1169 another family or household member as defined in s. 741.28. A 1170 health insurer, life insurer, disability insurer, or managed 1171 care provider may refuse to underwrite, issue, or renew a policy 1172 based on the applicants medical condition, but may not consider 1173 whether such condition was caused by an act of abuse. For 1174 purposes of this section, the term abuse means the occurrence 1175 of one or more of the following acts: 1176 a.Attempting or committing assault, battery, sexual 1177 assault, or sexual battery; 1178 b.Placing another in fear of imminent serious bodily 1179 injury by physical menace; 1180 c.False imprisonment; 1181 d.Physically or sexually abusing a minor child; or 1182 e.An act of domestic violence as defined in s. 741.28. 1183 1184 This subparagraph does not prohibit a property and casualty 1185 insurer or an automobile insurer from excluding coverage for 1186 intentional acts by the insured if such exclusion is not an act 1187 of unfair discrimination as defined in this paragraph. 1188 4.For a personal lines property or personal lines 1189 automobile insurer to: 1190 a.Refuse to issue, reissue, or renew a policy; cancel or 1191 otherwise terminate a policy; or charge an unfairly 1192 discriminatory rate in this state based on the lawful use, 1193 possession, or ownership of a firearm or ammunition by the 1194 insurance applicant, insured, or a household member of the 1195 applicant or insured. This sub-subparagraph does not prevent an 1196 insurer from charging a supplemental premium that is not 1197 unfairly discriminatory for a separate rider voluntarily 1198 requested by the insurance applicant to insure a firearm or a 1199 firearm collection whose value exceeds the standard policy 1200 coverage. 1201 b.Disclose the lawful ownership or possession of firearms 1202 of an insurance applicant, insured, or household member of the 1203 applicant or insured to a third party or an affiliated entity of 1204 the insurer unless the insurer discloses to the applicant or 1205 insured the specific need to disclose the information and the 1206 applicant or insured expressly consents to the disclosure, or 1207 the disclosure is necessary to quote or bind coverage, continue 1208 coverage, or adjust a claim. For purposes of underwriting and 1209 issuing insurance coverage, this sub-subparagraph does not 1210 prevent the sharing of information between an insurance company 1211 and its licensed insurance agent if a separate rider has been 1212 voluntarily requested by the policyholder or prospective 1213 policyholder to insure a firearm or a firearm collection whose 1214 value exceeds the standard policy coverage. 1215 Section 28.For the purpose of incorporating the amendment 1216 made by this act to section 741.28, Florida Statutes, in a 1217 reference thereto, paragraph (a) of subsection (1) of section 1218 741.313, Florida Statutes, is reenacted to read: 1219 741.313Unlawful action against employees seeking 1220 protection. 1221 (1)As used in this section, the term: 1222 (a)Domestic violence means domestic violence, as defined 1223 in s. 741.28, or any crime the underlying factual basis of which 1224 has been found by a court to include an act of domestic 1225 violence. 1226 Section 29.For the purpose of incorporating the amendment 1227 made by this act to section 741.28, Florida Statutes, in a 1228 reference thereto, subsection (3) of section 741.402, Florida 1229 Statutes, is reenacted to read: 1230 741.402Definitions; ss. 741.401-741.409.Unless the 1231 context clearly requires otherwise, as used in ss. 741.401 1232 741.409, the term: 1233 (3)Domestic violence means an act as defined in s. 1234 741.28 and includes a threat of such acts committed against an 1235 individual in a domestic situation, regardless of whether these 1236 acts or threats have been reported to law enforcement officers. 1237 Section 30.For the purpose of incorporating the amendment 1238 made by this act to section 741.28, Florida Statutes, in a 1239 reference thereto, subsections (1) and (4) of section 768.35, 1240 Florida Statutes, are reenacted to read: 1241 768.35Continuing domestic violence. 1242 (1)A victim of domestic violence, as defined in s. 741.28, 1243 who has suffered repeated physical or psychological injuries 1244 over an extended period of time, as a result of continuing 1245 domestic violence, has a cause of action against the perpetrator 1246 responsible for the violence. 1247 (4)Notwithstanding any other provision of law, punitive 1248 damages awarded in any civil tort action involving domestic 1249 violence as defined in s. 741.28 shall not be governed by the 1250 provisions of s. 768.73. The state hereby waives its right to 1251 collect any punitive damages from any victim of domestic 1252 violence not collected as of the effective date of this act. 1253 Section 31.For the purpose of incorporating the amendment 1254 made by this act to section 741.28, Florida Statutes, in a 1255 reference thereto, paragraph (c) of subsection (1) of section 1256 775.08435, Florida Statutes, is reenacted to read: 1257 775.08435Prohibition on withholding adjudication in felony 1258 cases. 1259 (1)Notwithstanding the provisions of s. 948.01, the court 1260 may not withhold adjudication of guilt upon the defendant for: 1261 (c)A third degree felony that is a crime of domestic 1262 violence as defined in s. 741.28, unless: 1263 1.The state attorney requests in writing that adjudication 1264 be withheld; or 1265 2.The court makes written findings that the withholding of 1266 adjudication is reasonably justified based on circumstances or 1267 factors in accordance with s. 921.0026. 1268 Section 32.For the purpose of incorporating the amendment 1269 made by this act to section 741.28, Florida Statutes, in a 1270 reference thereto, paragraph (b) of subsection (4) and paragraph 1271 (a) of subsection (6) of section 787.03, Florida Statutes, are 1272 reenacted to read: 1273 787.03Interference with custody. 1274 (4)It is a defense that: 1275 (b)The defendant was the victim of an act of domestic 1276 violence or had reasonable cause to believe that he or she was 1277 about to become the victim of an act of domestic violence as 1278 defined in s. 741.28, and the defendant had reasonable cause to 1279 believe that the action was necessary in order for the defendant 1280 to escape from, or protect himself or herself from, the domestic 1281 violence or to preserve the minor or incompetent person from 1282 exposure to the domestic violence. 1283 (6)(a)The offenses prescribed in subsections (1) and (2) 1284 do not apply in cases in which a person having a legal right to 1285 custody of a minor or incompetent person is the victim of any 1286 act of domestic violence, has reasonable cause to believe he or 1287 she is about to become the victim of any act of domestic 1288 violence, as defined in s. 741.28, or believes that his or her 1289 action was necessary to preserve the minor or the incompetent 1290 person from danger to his or her welfare and seeks shelter from 1291 such acts or possible acts and takes with him or her the minor 1292 or incompetent person. 1293 Section 33.For the purpose of incorporating the amendment 1294 made by this act to section 741.28, Florida Statutes, in a 1295 reference thereto, paragraph (c) of subsection (3) of section 1296 790.401, Florida Statutes, is reenacted to read: 1297 790.401Risk protection orders. 1298 (3)RISK PROTECTION ORDER HEARINGS AND ISSUANCE. 1299 (c)In determining whether grounds for a risk protection 1300 order exist, the court may consider any relevant evidence, 1301 including, but not limited to, any of the following: 1302 1.A recent act or threat of violence by the respondent 1303 against himself or herself or others, whether or not such 1304 violence or threat of violence involves a firearm. 1305 2.An act or threat of violence by the respondent within 1306 the past 12 months, including, but not limited to, acts or 1307 threats of violence by the respondent against himself or herself 1308 or others. 1309 3.Evidence of the respondent being seriously mentally ill 1310 or having recurring mental health issues. 1311 4.A violation by the respondent of a risk protection order 1312 or a no contact order issued under s. 741.30, s. 784.046, or s. 1313 784.0485. 1314 5.A previous or existing risk protection order issued 1315 against the respondent. 1316 6.A violation of a previous or existing risk protection 1317 order issued against the respondent. 1318 7.Whether the respondent, in this state or any other 1319 state, has been convicted of, had adjudication withheld on, or 1320 pled nolo contendere to a crime that constitutes domestic 1321 violence as defined in s. 741.28. 1322 8.Whether the respondent has used, or has threatened to 1323 use, against himself or herself or others any weapons. 1324 9.The unlawful or reckless use, display, or brandishing of 1325 a firearm by the respondent. 1326 10.The recurring use of, or threat to use, physical force 1327 by the respondent against another person or the respondent 1328 stalking another person. 1329 11.Whether the respondent, in this state or any other 1330 state, has been arrested for, convicted of, had adjudication 1331 withheld on, or pled nolo contendere to a crime involving 1332 violence or a threat of violence. 1333 12.Corroborated evidence of the abuse of controlled 1334 substances or alcohol by the respondent. 1335 13.Evidence of recent acquisition of firearms or 1336 ammunition by the respondent. 1337 14.Any relevant information from family and household 1338 members concerning the respondent. 1339 15.Witness testimony, taken while the witness is under 1340 oath, relating to the matter before the court. 1341 Section 34.For the purpose of incorporating the amendment 1342 made by this act to section 741.28, Florida Statutes, in a 1343 reference thereto, paragraph (t) of subsection (2) of section 1344 900.05, Florida Statutes, is reenacted to read: 1345 900.05Criminal justice data collection. 1346 (2)DEFINITIONS.As used in this section, the term: 1347 (t)Domestic violence flag means an indication that a 1348 filed charge involves domestic violence as defined in s. 741.28. 1349 Section 35.For the purpose of incorporating the amendment 1350 made by this act to section 741.28, Florida Statutes, in a 1351 reference thereto, subsections (7) and (13) of section 901.15, 1352 Florida Statutes, are reenacted to read: 1353 901.15When arrest by officer without warrant is lawful.A 1354 law enforcement officer may arrest a person without a warrant 1355 when: 1356 (7)There is probable cause to believe that the person has 1357 committed an act of domestic violence, as defined in s. 741.28, 1358 or dating violence, as provided in s. 784.046. The decision to 1359 arrest shall not require consent of the victim or consideration 1360 of the relationship of the parties. It is the public policy of 1361 this state to strongly discourage arrest and charges of both 1362 parties for domestic violence or dating violence on each other 1363 and to encourage training of law enforcement and prosecutors in 1364 these areas. A law enforcement officer who acts in good faith 1365 and exercises due care in making an arrest under this 1366 subsection, under s. 741.31(4) or s. 784.047, or pursuant to a 1367 foreign order of protection accorded full faith and credit 1368 pursuant to s. 741.315, is immune from civil liability that 1369 otherwise might result by reason of his or her action. 1370 (13)There is probable cause to believe that the person has 1371 committed an act that violates a condition of pretrial release 1372 provided in s. 903.047 when the original arrest was for an act 1373 of domestic violence as defined in s. 741.28, or when the 1374 original arrest was for an act of dating violence as defined in 1375 s. 784.046. 1376 Section 36.For the purpose of incorporating the amendment 1377 made by this act to section 741.28, Florida Statutes, in a 1378 reference thereto, subsection (5) of section 901.41, Florida 1379 Statutes, is reenacted to read: 1380 901.41Prearrest diversion programs. 1381 (5)ELIGIBILITY.A violent misdemeanor, a misdemeanor crime 1382 of domestic violence, as defined in s. 741.28, or a misdemeanor 1383 under s. 741.29, s. 741.31, s. 784.046, s. 784.047, s. 784.048, 1384 s. 784.0487, or s. 784.049 does not qualify for a civil citation 1385 or prearrest diversion program. 1386 Section 37.For the purpose of incorporating the amendment 1387 made by this act to section 741.28, Florida Statutes, in a 1388 reference thereto, subsection (6) of section 903.011, Florida 1389 Statutes, is reenacted to read: 1390 903.011Pretrial release; general terms; statewide uniform 1391 bond schedule. 1392 (6)A person may not be released before his or her first 1393 appearance hearing or bail determination and a judge must 1394 determine the appropriate bail, if any, based on an 1395 individualized consideration of the criteria in s. 903.046(2), 1396 if the person meets any of the following criteria: 1397 (a)The person was, at the time of arrest for any felony, 1398 on pretrial release, probation, or community control in this 1399 state or any other state; 1400 (b)The person was, at the time of arrest, designated as a 1401 sexual offender or sexual predator in this state or any other 1402 state; 1403 (c)The person was arrested for violating a protective 1404 injunction; 1405 (d)The person was, at the time of arrest, on release from 1406 supervision under s. 947.1405, s. 947.146, s. 947.149, or s. 1407 944.4731; 1408 (e)The person has, at any time before the current arrest, 1409 been sentenced pursuant to s. 775.082(9) or s. 775.084 as a 1410 prison releasee reoffender, habitual violent felony offender, 1411 three-time violent felony offender, or violent career criminal; 1412 (f)The person has been arrested three or more times in the 1413 6 months immediately preceding his or her arrest for the current 1414 offense; or 1415 (g)The persons current offense of arrest is for one or 1416 more of the following crimes: 1417 1.A capital felony, life felony, felony of the first 1418 degree, or felony of the second degree; 1419 2.A homicide under chapter 782; or any attempt, 1420 solicitation, or conspiracy to commit a homicide; 1421 3.Assault in furtherance of a riot or an aggravated riot; 1422 felony battery; domestic battery by strangulation; domestic 1423 violence, as defined in s. 741.28; stalking; mob intimidation; 1424 assault or battery on a law enforcement officer; assault or 1425 battery on juvenile probation officer, or other staff of a 1426 detention center or commitment facility, or a staff member of a 1427 commitment facility, or health services personnel; assault or 1428 battery on a person 65 years of age or older; robbery; burglary; 1429 carjacking; or resisting an officer with violence; 1430 4.Kidnapping, false imprisonment, human trafficking, or 1431 human smuggling; 1432 5.Possession of a firearm or ammunition by a felon, 1433 violent career criminal, or person subject to an injunction 1434 against committing acts of domestic violence, stalking, or 1435 cyberstalking; 1436 6.Sexual battery; indecent, lewd, or lascivious touching; 1437 exposure of sexual organs; incest; luring or enticing a child; 1438 or child pornography; 1439 7.Abuse, neglect, or exploitation of an elderly person or 1440 disabled adult; 1441 8.Child abuse or aggravated child abuse; 1442 9.Arson; riot, aggravated riot, inciting a riot, or 1443 aggravated inciting a riot; or a burglary or theft during a 1444 riot; 1445 10.Escape; tampering or retaliating against a witness, 1446 victim, or informant; destruction of evidence; or tampering with 1447 a jury; 1448 11.Any offense committed for the purpose of benefiting, 1449 promoting, or furthering the interests of a criminal gang; 1450 12.Trafficking in a controlled substance, including 1451 conspiracy to engage in trafficking in a controlled substance; 1452 13.Racketeering; or 1453 14.Failure to appear at required court proceedings while 1454 on bail. 1455 Section 38.For the purpose of incorporating the amendment 1456 made by this act to section 741.28, Florida Statutes, in a 1457 reference thereto, paragraph (a) of subsection (5) of section 1458 907.041, Florida Statutes, is reenacted to read: 1459 907.041Pretrial detention and release. 1460 (5)PRETRIAL DETENTION. 1461 (a)As used in this subsection, dangerous crime means any 1462 of the following: 1463 1.Arson; 1464 2.Aggravated assault; 1465 3.Aggravated battery; 1466 4.Illegal use of explosives; 1467 5.Child abuse or aggravated child abuse; 1468 6.Abuse of an elderly person or disabled adult, or 1469 aggravated abuse of an elderly person or disabled adult; 1470 7.Aircraft piracy; 1471 8.Kidnapping; 1472 9.Homicide; 1473 10.Manslaughter, including DUI manslaughter and BUI 1474 manslaughter; 1475 11.Sexual battery; 1476 12.Robbery; 1477 13.Carjacking; 1478 14.Lewd, lascivious, or indecent assault or act upon or in 1479 presence of a child under the age of 16 years; 1480 15.Sexual activity with a child, who is 12 years of age or 1481 older but less than 18 years of age, by or at solicitation of 1482 person in familial or custodial authority; 1483 16.Burglary of a dwelling; 1484 17.Stalking and aggravated stalking; 1485 18.Act of domestic violence as defined in s. 741.28; 1486 19.Home invasion robbery; 1487 20.Act of terrorism as defined in s. 775.30; 1488 21.Manufacturing any substances in violation of chapter 1489 893; 1490 22.Attempting or conspiring to commit any such crime; 1491 23.Human trafficking; 1492 24.Trafficking in any controlled substance described in s. 1493 893.135(1)(c)4.; 1494 25.Extortion in violation of s. 836.05; and 1495 26.Written threats to kill in violation of s. 836.10. 1496 Section 39.For the purpose of incorporating the amendment 1497 made by this act to section 741.28, Florida Statutes, in a 1498 reference thereto, paragraph (b) of subsection (1) of section 1499 921.0024, Florida Statutes, is reenacted to read: 1500 921.0024Criminal Punishment Code; worksheet computations; 1501 scoresheets. 1502 (1) 1503 (b)WORKSHEET KEY: 1504 1505 Legal status points are assessed when any form of legal status 1506 existed at the time the offender committed an offense before the 1507 court for sentencing. Four (4) sentence points are assessed for 1508 an offenders legal status. 1509 1510 Community sanction violation points are assessed when a 1511 community sanction violation is before the court for sentencing. 1512 Six (6) sentence points are assessed for each community sanction 1513 violation and each successive community sanction violation, 1514 unless any of the following apply: 1515 1.If the community sanction violation includes a new 1516 felony conviction before the sentencing court, twelve (12) 1517 community sanction violation points are assessed for the 1518 violation, and for each successive community sanction violation 1519 involving a new felony conviction. 1520 2.If the community sanction violation is committed by a 1521 violent felony offender of special concern as defined in s. 1522 948.06: 1523 a.Twelve (12) community sanction violation points are 1524 assessed for the violation and for each successive violation of 1525 felony probation or community control where: 1526 I.The violation does not include a new felony conviction; 1527 and 1528 II.The community sanction violation is not based solely on 1529 the probationer or offenders failure to pay costs or fines or 1530 make restitution payments. 1531 b.Twenty-four (24) community sanction violation points are 1532 assessed for the violation and for each successive violation of 1533 felony probation or community control where the violation 1534 includes a new felony conviction. 1535 1536 Multiple counts of community sanction violations before the 1537 sentencing court shall not be a basis for multiplying the 1538 assessment of community sanction violation points. 1539 1540 Prior serious felony points: If the offender has a primary 1541 offense or any additional offense ranked in level 8, level 9, or 1542 level 10, and one or more prior serious felonies, a single 1543 assessment of thirty (30) points shall be added. For purposes of 1544 this section, a prior serious felony is an offense in the 1545 offenders prior record that is ranked in level 8, level 9, or 1546 level 10 under s. 921.0022 or s. 921.0023 and for which the 1547 offender is serving a sentence of confinement, supervision, or 1548 other sanction or for which the offenders date of release from 1549 confinement, supervision, or other sanction, whichever is later, 1550 is within 3 years before the date the primary offense or any 1551 additional offense was committed. 1552 1553 Prior capital felony points: If the offender has one or more 1554 prior capital felonies in the offenders criminal record, points 1555 shall be added to the subtotal sentence points of the offender 1556 equal to twice the number of points the offender receives for 1557 the primary offense and any additional offense. A prior capital 1558 felony in the offenders criminal record is a previous capital 1559 felony offense for which the offender has entered a plea of nolo 1560 contendere or guilty or has been found guilty; or a felony in 1561 another jurisdiction which is a capital felony in that 1562 jurisdiction, or would be a capital felony if the offense were 1563 committed in this state. 1564 1565 Possession of a firearm, semiautomatic firearm, or machine gun: 1566 If the offender is convicted of committing or attempting to 1567 commit any felony other than those enumerated in s. 775.087(2) 1568 while having in his or her possession: a firearm as defined in 1569 s. 790.001, an additional eighteen (18) sentence points are 1570 assessed; or if the offender is convicted of committing or 1571 attempting to commit any felony other than those enumerated in 1572 s. 775.087(3) while having in his or her possession a 1573 semiautomatic firearm as defined in s. 775.087(3) or a machine 1574 gun as defined in s. 790.001, an additional twenty-five (25) 1575 sentence points are assessed. 1576 1577 Sentencing multipliers: 1578 1579 Drug trafficking: If the primary offense is drug trafficking 1580 under s. 893.135, the subtotal sentence points are multiplied, 1581 at the discretion of the court, for a level 7 or level 8 1582 offense, by 1.5. The state attorney may move the sentencing 1583 court to reduce or suspend the sentence of a person convicted of 1584 a level 7 or level 8 offense, if the offender provides 1585 substantial assistance as described in s. 893.135(4). 1586 1587 Violent offenses committed against specified justice system 1588 personnel: If the primary offense is a violation of s. 1589 775.0823(2), (3), or (4), the subtotal sentence points are 1590 multiplied by 2.5. If the primary offense is a violation of s. 1591 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 1592 are multiplied by 2.0. If the primary offense is a violation of 1593 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the 1594 subtotal sentence points are multiplied by 1.5. 1595 1596 Grand theft of a motor vehicle: If the primary offense is grand 1597 theft of the third degree involving a motor vehicle and in the 1598 offenders prior record, there are three or more grand thefts of 1599 the third degree involving a motor vehicle, the subtotal 1600 sentence points are multiplied by 1.5. 1601 1602 Offense related to a criminal gang: If the offender is convicted 1603 of the primary offense and committed that offense for the 1604 purpose of benefiting, promoting, or furthering the interests of 1605 a criminal gang as defined in s. 874.03, the subtotal sentence 1606 points are multiplied by 1.5. If applying the multiplier results 1607 in the lowest permissible sentence exceeding the statutory 1608 maximum sentence for the primary offense under chapter 775, the 1609 court may not apply the multiplier and must sentence the 1610 defendant to the statutory maximum sentence. 1611 1612 Domestic violence in the presence of a child: If the offender is 1613 convicted of the primary offense and the primary offense is a 1614 crime of domestic violence, as defined in s. 741.28, which was 1615 committed in the presence of a child under 16 years of age who 1616 is a family or household member as defined in s. 741.28(3) with 1617 the victim or perpetrator, the subtotal sentence points are 1618 multiplied by 1.5. 1619 1620 Adult-on-minor sex offense: If the offender was 18 years of age 1621 or older and the victim was younger than 18 years of age at the 1622 time the offender committed the primary offense, and if the 1623 primary offense was an offense committed on or after October 1, 1624 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 1625 violation involved a victim who was a minor and, in the course 1626 of committing that violation, the defendant committed a sexual 1627 battery under chapter 794 or a lewd act under s. 800.04 or s. 1628 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 1629 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 1630 800.04; or s. 847.0135(5), the subtotal sentence points are 1631 multiplied by 2.0. If applying the multiplier results in the 1632 lowest permissible sentence exceeding the statutory maximum 1633 sentence for the primary offense under chapter 775, the court 1634 may not apply the multiplier and must sentence the defendant to 1635 the statutory maximum sentence. 1636 Section 40.For the purpose of incorporating the amendment 1637 made by this act to section 741.28, Florida Statutes, in a 1638 reference thereto, section 938.08, Florida Statutes, is 1639 reenacted to read: 1640 938.08Additional cost to fund programs in domestic 1641 violence.In addition to any sanction imposed for a violation of 1642 s. 784.011, s. 784.021, s. 784.03, s. 784.041, s. 784.045, s. 1643 784.048, s. 784.07, s. 784.08, s. 784.081, s. 784.082, s. 1644 784.083, s. 784.085, s. 794.011, or for any offense of domestic 1645 violence described in s. 741.28, the court shall impose a 1646 surcharge of $201. Payment of the surcharge shall be a condition 1647 of probation, community control, or any other court-ordered 1648 supervision. The sum of $85 of the surcharge shall be deposited 1649 into the Domestic Violence Trust Fund established in s. 741.01. 1650 The clerk of the court shall retain $1 of each surcharge that 1651 the clerk of the court collects as a service charge of the 1652 clerks office. The remainder of the surcharge shall be provided 1653 to the governing board of the county and must be used only to 1654 defray the costs of incarcerating persons sentenced under s. 1655 741.283 and provide additional training to law enforcement 1656 personnel in combating domestic violence. 1657 Section 41.For the purpose of incorporating the amendment 1658 made by this act to section 741.28, Florida Statutes, in a 1659 reference thereto, paragraph (a) of subsection (2) of section 1660 943.171, Florida Statutes, is reenacted to read: 1661 943.171Basic skills training in handling domestic violence 1662 cases. 1663 (2)As used in this section, the term: 1664 (a)Domestic violence has the meaning set forth in s. 1665 741.28. 1666 Section 42.For the purpose of incorporating the amendment 1667 made by this act to section 741.28, Florida Statutes, in a 1668 reference thereto, subsection (4) of section 944.705, Florida 1669 Statutes, is reenacted to read: 1670 944.705Release orientation program. 1671 (4)Any inmate who claims to be a victim of domestic 1672 violence as defined in s. 741.28 shall receive, as part of the 1673 release orientation program, referral to the nearest domestic 1674 violence center certified under chapter 39. 1675 Section 43.For the purpose of incorporating the amendment 1676 made by this act to section 741.28, Florida Statutes, in a 1677 reference thereto, section 948.038, Florida Statutes, is 1678 reenacted to read: 1679 948.038Batterers intervention program as a condition of 1680 probation, community control, or other court-ordered community 1681 supervision.As a condition of probation, community control, or 1682 any other court-ordered community supervision, the court shall 1683 order a person convicted of an offense of domestic violence, as 1684 defined in s. 741.28, to attend and successfully complete a 1685 batterers intervention program unless the court determines that 1686 the person does not qualify for the batterers intervention 1687 program pursuant to s. 741.325. The offender must pay the cost 1688 of attending the program. 1689 Section 44.For the purpose of incorporating the amendment 1690 made by this act to section 741.28, Florida Statutes, in a 1691 reference thereto, subsection (2) of section 985.255, Florida 1692 Statutes, is reenacted to read: 1693 985.255Detention criteria; detention hearing. 1694 (2)A child who is charged with committing an offense that 1695 is classified as an act of domestic violence as defined in s. 1696 741.28 and whose risk assessment instrument indicates secure 1697 detention is not appropriate may be held in secure detention if 1698 the court makes specific written findings that: 1699 (a)Respite care for the child is not available. 1700 (b)It is necessary to place the child in secure detention 1701 in order to protect the victim from injury. 1702 1703 The child may not be held in secure detention under this 1704 subsection for more than 48 hours unless ordered by the court. 1705 After 48 hours, the court shall hold a hearing if the state 1706 attorney or victim requests that secure detention be continued. 1707 The child may continue to be held in detention care if the court 1708 makes a specific, written finding that detention care is 1709 necessary to protect the victim from injury. However, the child 1710 may not be held in detention care beyond the time limits set 1711 forth in this section or s. 985.26. 1712 Section 45.For the purpose of incorporating the amendment 1713 made by this act to section 741.28, Florida Statutes, in a 1714 reference thereto, paragraph (b) of subsection (3) of section 1715 985.265, Florida Statutes, is reenacted to read: 1716 985.265Detention transfer and release; education; adult 1717 jails. 1718 (3) 1719 (b)When a juvenile is released from secure detention or 1720 transferred to supervised release detention, detention staff 1721 shall immediately notify the appropriate law enforcement agency, 1722 school personnel, and victim if the juvenile is charged with 1723 committing any of the following offenses or attempting to commit 1724 any of the following offenses: 1725 1.Murder, under s. 782.04; 1726 2.Sexual battery, under chapter 794; 1727 3.Stalking, under s. 784.048; or 1728 4.Domestic violence, as defined in s. 741.28. 1729 Section 46.This act shall take effect July 1, 2025.