Text of FL H 1129 (2024)

HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 1 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to harm to minors; providing a short 2 title; creating s. 501.173, F.S.; defining terms; 3 requiring manufacturers of tablets or smartphones to 4 manufacture such devices so that a filter meeting 5 certain requirements is enabled upon activation of the 6 device in this state; subjecting such manufacturers to 7 civil and criminal liability for certain acts of 8 noncompliance; providing an exception; providing civil 9 liability for individuals who enable a password to 10 remove the required filter on a device in the 11 possession of a minor under certain circumstances; 12 authorizing the Attorney General to enforce the act; 13 providing damages; authorizing a parent or legal 14 guardian to bring a civil action against certain 15 parties who violate the act under certain 16 circumstances; providing criminal penalties; amending 17 s. 787.025, F.S.; increasing criminal penalties for 18 adults who intentionally lure or entice, or who 19 attempt to lure or entice, children under the age of 20 12 into a structure, dwelling, or conveyance for other 21 than a lawful purpose; increasing criminal penalties 22 for committing a second or subsequent offense; 23 increasing criminal penalties for persons with 24 specified previous convictions who commit such 25 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 2 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S offense; creating s. 827.12, F.S.; defining the terms 26 "inappropriate relationship" and "sexual excitement"; 27 prohibiting persons who are of at least a specified 28 age from knowingly engaging in any communication that 29 is part of a pattern of communication or behavior that 30 meets specified criteria; prohibiting persons who are 31 of at least a specified age from knowingly using 32 specified devices to seduce, solicit, lure, or entice 33 minors to, or attempt to, share specified images or 34 recorded images; providing criminal penalties; 35 providing enhanced criminal penalties; providing 36 applicability; amending s. 921.0022, F.S.; ranking 37 offenses on the offense severity ranking chart of the 38 Criminal Punishment Code; amending ss. 943.0435, 39 944.606, and 944.607, F.S.; revising the definition of 40 the term "sexual offender"; reenacting ss. 61.13(2)(c) 41 and (9)(c), 68.07(3)(i) and (6), 92.55(1)(b), 42 98.0751(2)(b), 394.9125(2), 397.487(10)(b), 43 435.07(4)(b), 775.0862(2), 900.05(2)(cc), 44 903.046(2)(m), 903.133, 907.043(4)(b), 921.1425(7)(d), 45 934.255(2)(a), 938.10(1), 943.0584(2), 943.0595(2)(a), 46 944.607(4)(a) and (9), 947.1405(12), 948.013(2)(b), 47 948.05(2)(f), 948.06(4), 948.30(4), 985.4815(9), and 48 1012.467(2)(b), F.S., relating to support of children, 49 parenting and time-sharing, and powers of court; 50 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 3 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S change of name; special protections in proceedings 51 involving a victim or witness younger than 18 years of 52 age, a person with intellectual disability, or a 53 sexual offense victim; restoration of voting rights 54 and termination of ineligibility subsequent to a 55 felony conviction; state attorneys and the authority 56 to refer a person for civil commitment; voluntary 57 certification of recovery residences; exemptions from 58 disqualification; sexual offenses against students by 59 authority figures and reclassification; criminal 60 justice data collection; purpose of and criteria for 61 bail determination; bail on appeal, prohibited for 62 certain felony convictions; pretrial release and 63 citizens' right to know; sentences of death or life 64 imprisonment for capital sexual battery and further 65 proceedings to determine sentence; subpoenas in 66 investigations of sexual offenses; additional court 67 cost imposed in cases of certain crimes; criminal 68 history records ineligible for court-ordered 69 expunction or court-ordered sealing; automatic sealing 70 of criminal history records and confidentiality of 71 related court records; notification to the Department 72 of Law Enforcement of information on sexual offenders; 73 conditional release program; administrative probation; 74 court to admonish or commend probationer or offender 75 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 4 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in community control and graduated incentives; 76 violation of probation or community control, 77 revocation, modification, continuance, and failure to 78 pay restitution or cost of supervision; additional 79 terms and conditions of probation or community control 80 for certain sex offenses; notification to department 81 of information on juvenile sexual offenders; and 82 noninstructional contractors who are permitted access 83 to school grounds when students are present and 84 background screening requirements, respectively, to 85 incorporate the amendment made to s. 943.0435, F.S., 86 in references thereto; reenacting s. 944.608(7), F.S., 87 relating to notification to the department of 88 information on career offenders, to incorporate the 89 amendment made to s. 944.607, F.S., in a reference 90 thereto; reenacting s. 943.0435(3) and (4)(a), F.S., 91 relating to sexual offenders required to register with 92 the department and penalties, to incorporate the 93 amendments made to s. 944.606 and 944.607, F.S., in 94 references thereto; reenacting ss. 320.02(4), 95 322.141(3), 322.19(1) and (2), 775.13(4), 96 775.21(5)(d), (6)(f), and (10)(d), 775.261(3)(b), 97 948.06(4), and 948.063, F.S., relating to registration 98 required, applications for registration, and forms; 99 color or markings of certain licenses or 100 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 5 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S identification cards; change of address or name; 101 registration of convicted felons, exemptions, and 102 penalties; the Florida Sexual Predators Act; the 103 Florida Career Offender Registration Act; violation of 104 probation or community control, revocation, 105 modification, continuance, and failure to pay 106 restitution or cost of supervision; and violations of 107 probation or community control by designated sexual 108 offenders and sexual predators, respectively, to 109 incorporate the amendments made by this act to ss. 110 943.0435 and 944.607, F.S., in references thereto; 111 reenacting ss. 775.24(2), 775.25, 943.0436(2), 948.31, 112 and 985.04(6)(b), relating to the duty of the court to 113 uphold laws governing sexual predators and sexual 114 offenders; prosecutions for acts or omissions; the 115 duty of the court to uphold laws governing sexual 116 predators and sexual offenders; evaluation and 117 treatment of sexual predators and offenders on 118 probation or community control; and oaths, records, 119 confidential information, respectively, to incorporate 120 the amendments made to ss. 943.0435, 944.606, and 121 944.607, F.S., in references thereto; providing an 122 effective date. 123 124 Be It Enacted by the Legislature of the State of Florida: 125 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 6 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 126 Section 1. This act may be cited as the "Protect Our 127 Children Act." 128 Section 2. Section 501.173, Florida Statutes, is created 129 to read: 130 501.173 Device filtering of content harmful to minors.— 131 (1) DEFINITIONS.—As used in this section, the term: 132 (a) "Activate" means the process of powering on a device 133 and associating it with a new user account. 134 (b) "Device" means a tablet or smartphone manufactured on 135 or after January 1, 2025. 136 (c) "Filter" means software installed on a device which is 137 capable of preventing the device from accessing or displaying 138 material that is harmful to minors through the Internet or 139 through an application owned and controlled by the manufacturer 140 and installed on the device. 141 (d) "Harmful to minors" has the same meaning as in s. 142 847.001. 143 (e) "Internet" means the global information system 144 logically linked together by a globally unique address space 145 based on the Internet protocol (IP), or its subsequent 146 extensions, which is able to support communications using the 147 transmission control protocol/Internet protocol suite, or its 148 subsequent extensions, or other IP-compatible protocols, and 149 which provides, uses, or makes accessible, either publicly or 150 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 7 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S privately, high-level services layered on communications and 151 related infrastructure. 152 (f) "Manufacturer" means a person that: 153 1. Is engaged in the business of manufacturing a device; 154 and 155 2. Has a registered agent in this state in accordance with 156 part I of chapter 607. 157 (g) "Minor" means an individual under the age of 18 who is 158 not emancipated, married, or a member of the Armed Forces of the 159 United States. 160 (h) "Smartphone" means an electronic device that combines 161 a cellular phone with a handheld computer, typically offering 162 Internet access, data storage, texting, and e-mail capabilities. 163 (i) "Tablet" means an Internet-ready device equipped with 164 an operating system, a touchscreen display, and a rechargeable 165 battery which has the ability to support access to a cellular 166 network. 167 (2) FILTER REQUIRED.—Beginning on January 1, 2025, a 168 manufacturer shall manufacture a device that, when activated in 169 this state, automatically enables a filter that does all of the 170 following: 171 (a) Prevents the user from accessing or downloading 172 material that is harmful to minors on any of the following: 173 1. A mobile data network. 174 2. An application owned and controlled by the 175 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 8 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S manufacturer. 176 3. A wired Internet network. 177 4. A wireless Internet network. 178 (b) Notifies the user of the device when the filter blocks 179 the device from downloading an application or accessing an 180 Internet website. 181 (c) Gives a user with a password the opportunity to 182 unblock a filtered application or website. 183 (d) Reasonably precludes a user other than a user with a 184 password the opportunity to deactivate, modify, or uninstall the 185 filter. 186 (3) MANUFACTURER LIABILITY.— 187 (a) Beginning January 1, 2025, a manufacturer of a device 188 is subject to civil and criminal liability if: 189 1. The device is activated in this state; 190 2. The device does not, upon activation, enable a filter 191 that complies with the requirements described in subsection (2); 192 and 193 3. A minor accesses material that is harmful to minors on 194 the device. 195 (b) Notwithstanding paragraph (a), this section does not 196 apply to a manufacturer that makes a good faith effort to 197 provide a device that, upon activation of the device in this 198 state, automatically enables a generally accepted and 199 commercially reasonable filter in accordance with this section 200 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 9 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and industry standards. 201 (4) INDIVIDUAL LIABILITY.—With the exception of a minor's 202 parent or legal guardian, any person may be liable in a civil 203 action for enabling the password to remove the filter on a 204 device in the possession of a minor if the minor accesses 205 content that is harmful to minors on the device. 206 (5) PROCEEDINGS BY THE ATTORNEY GENERAL.— 207 (a) If the Attorney General has reason to believe a person 208 violated or is violating this section, the Attorney General, 209 acting in the public interest, may do any of the following: 210 1. Enjoin an action that constitutes a violation of this 211 section by issuing a temporary restraining order or preliminary 212 or permanent injunction. 213 2. Bring an action to recover from the alleged violator a 214 civil penalty not to exceed $5,000 per violation and not to 215 exceed a total of $50,000 in aggregate, as determined by the 216 court. 217 3. Bring an action to recover from the alleged violator 218 the Attorney General's reasonable expenses, investigative costs, 219 and attorney fees. 220 4. Bring an action to obtain other appropriate relief as 221 provided for under this section. 222 (b) The Attorney General, in addition to other powers 223 conferred upon him or her by this subsection, may issue 224 subpoenas to any person and conduct hearings in aid of any 225 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 10 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S investigation or inquiry. 226 (c) The Attorney General may seek the revocation of any 227 license or certificate authorizing a manufacturer to engage in 228 business in this state. 229 (d) For purposes of assessing a penalty under this 230 section, a manufacturer is considered to have committed a 231 separate violation for each device manufactured on or after 232 January 1, 2025, which violates this section. 233 (6) CIVIL ACTION BY THE PARENT OR LEGAL GUARDIAN.— 234 (a) Any parent or legal guardian of a minor who accesses 235 content that is harmful to minors in violation of this section 236 may bring a private cause of action in any court of competent 237 jurisdiction against a manufacturer that failed to comply with 238 this section. A prevailing plaintiff may recover any of the 239 following: 240 1. Actual damages or, in the discretion of the court when 241 actual damages are difficult to ascertain due to the nature of 242 the injury, liquidated damages in the amount of $50,000 for each 243 violation. 244 2. When a violation is found to be knowing and willful, 245 punitive damages in an amount determined by the court. 246 3. Nominal damages. 247 4. Such other relief as the court deems appropriate, 248 including court costs and expenses. 249 5. For a prevailing plaintiff, the collection of attorney 250 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 11 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S fees against a violating manufacturer. 251 (b) This section does not preclude the bringing of a class 252 action lawsuit against a manufacturer when its conduct in 253 violation of this section is knowing and willful. 254 (c) Any parent or legal guardian of a child may bring an 255 action in a court of competent jurisdiction against any person 256 who is not the parent or legal guardian of the child and who 257 enables the password to remove the filter from a device in the 258 possession of the child which results in the child's exposure to 259 content that is harmful to minors. 260 (7) CRIMINAL PENALTIES.— 261 (a) Beginning on January 1, 2025, a person, with the 262 exception of a parent or legal guardian, may not enable the 263 password to remove the filter on a device in the possession of a 264 minor. 265 (b) A person who violates paragraph (a) is subject to a 266 fine not to exceed $5,000 for a first offense and not to exceed 267 $50,000 for a second offense. However, a person who violates 268 paragraph (a) for a second or subsequent time within 1 year of 269 the first violation commits a misdemeanor of the first degree, 270 punishable as provided in s. 775.082 or s. 775.083. 271 Section 3. Subsection (2) of section 787.025, Florida 272 Statutes, is amended to read: 273 787.025 Luring or enticing a child.— 274 (2)(a) A person 18 years of age or older who intentionally 275 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 12 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S lures or entices, or attempts to lure or entice, a child under 276 the age of 12 into a structure, dwelling, or conveyance for 277 other than a lawful purpose commits a felony misdemeanor of the 278 third first degree, punishable as provided in s. 775.082, or s. 279 775.083, or s. 775.084. 280 (b) A person 18 years of age or older who, having been 281 previously convicted of a violation of paragraph (a), 282 intentionally lures or entices, or attempts to lure or entice, a 283 child under the age of 12 into a structure, dwelling, or 284 conveyance for other than a lawful purpose commits a felony of 285 the second third degree, punishable as provided in s. 775.082, 286 s. 775.083, or s. 775.084. 287 (c) A person 18 years of age or older who, having been 288 previously convicted of a violation of chapter 794, s. 800.04, 289 or s. 847.0135(5), or a violation of a similar law of another 290 jurisdiction, intentionally lures or entices, or attempts to 291 lure or entice, a child under the age of 12 into a structure, 292 dwelling, or conveyance for other than a lawful purpose commits 293 a felony of the second third degree, punishable as provided in 294 s. 775.082, s. 775.083, or s. 775.084. 295 Section 4. Section 827.12, Florida Statutes, is created to 296 read: 297 827.12 Harmful communication with a minor; penalty.— 298 (1) As used in this section, the term: 299 (a) "Inappropriate relationship" means a relationship in 300 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 13 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S which a person 18 years of age or older engages in communication 301 with a minor which is explicit and includes detailed verbal 302 descriptions or narrative accounts of sexual conduct as defined 303 in s. s. 847.001 or sexual excitement for the purpose of sexual 304 excitement of either party using a computer online service, 305 Internet service, local bulletin board service, or any other 306 means or device capable of electronic data storage or 307 transmission. 308 (b) "Sexual excitement" has the same meaning as in s. 309 847.001. 310 (2)(a) A person 18 years of age or older may not knowingly 311 engage in any communication that is part of a pattern of 312 communication or behavior that is: 313 1. Designed to maintain an inappropriate relationship with 314 a minor or another person believed by the person to be a minor; 315 or 316 2. Harmful to minors as defined in s. 847.001. 317 (b) A person 18 years of age or older may not knowingly 318 use a computer online service, Internet service, local bulletin 319 board service, or any other means or device capable of 320 electronic data storage or transmission to seduce, solicit, 321 lure, or entice, or attempt to seduce, solicit, lure, or entice, 322 a minor or another person believed by the person to be a minor 323 to share an image or a recorded image depicting nudity of the 324 minor for the sexual excitement of either party. As used in this 325 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 14 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S paragraph, nudity has the same meaning as in s. 847.001. 326 (c) A person who violates this subsection commits the 327 offense of harmful communication with a minor. 328 (3)(a) Except as provided in paragraph (b), a person who 329 violates this section commits a felony of the third degree, 330 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 331 (b) A person who violates this section with a minor who is 332 younger than 12 years of age commits a felony of the second 333 degree, punishable as provided in s. 775.082, s. 775.083, or s. 334 775.084. 335 (4) This section does not apply to any act of medical 336 diagnosis, treatment, or educational conversations by a parent, 337 caregiver, or educator for the purposes of sexual education, and 338 not intended to elicit sexual excitement. 339 Section 5. Paragraphs (c) and (e) of subsection (3) of 340 section 921.0022, Florida Statutes, are amended to read: 341 921.0022 Criminal Punishment Code; offense severity 342 ranking chart.— 343 (3) OFFENSE SEVERITY RANKING CHART 344 (c) LEVEL 3 345 346 Florida Statute Felony Degree Description 347 119.10(2)(b) 3rd Unlawful use of HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 15 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S confidential information from police reports. 348 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 349 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 350 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 351 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 352 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 353 319.33(1)(c) 3rd Procure or pass title HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 16 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S on stolen vehicle. 354 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 355 327.35(2)(b) 3rd Felony BUI. 356 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 357 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 358 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 359 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 17 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 360 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 361 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 362 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 363 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 18 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 364 440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report. 365 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 366 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 367 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 19 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 368 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 369 697.08 3rd Equity skimming. 370 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 371 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 372 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 373 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 374 810.09(2)(c) 3rd Trespass on property other than structure or HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 20 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S conveyance armed with firearm or dangerous weapon. 375 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 376 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 377 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 378 812.081(2) 3rd Theft of a trade secret. 379 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 380 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 21 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 381 817.233 3rd Burning to defraud insurer. 382 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 383 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 384 817.236 3rd Filing a false motor vehicle insurance application. 385 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 386 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 22 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 387 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 388 827.12(3)(a) 3rd Harmful communication with a minor who is 12 years of age or older. 389 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 390 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 391 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 23 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent. 392 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 393 860.15(3) 3rd Overcharging for repairs and parts. 394 870.01(2) 3rd Riot. 395 870.01(4) 3rd Inciting a riot. 396 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 397 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 24 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 398 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 399 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 400 893.13(6)(a) 3rd Possession of any controlled substance HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 25 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S other than felony possession of cannabis. 401 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 402 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 403 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 404 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 405 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 26 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. 406 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 407 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 408 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 27 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S purpose of writing the prescription is a monetary benefit for the practitioner. 409 918.13(1) 3rd Tampering with or fabricating physical evidence. 410 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 411 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 412 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 413 (e) LEVEL 5 414 415 Florida Statute Felony Degree Description HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 28 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 416 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 417 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 418 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 419 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 420 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 421 379.365(2)(c)1. 3rd Violation of rules relating HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 29 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 422 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 30 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or buoy. 423 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 424 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 425 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage. 426 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims. 427 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 31 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 428 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 429 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 430 790.01(3) 3rd Unlawful carrying of a concealed firearm. 431 790.162 2nd Threat to throw or discharge destructive device. 432 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 433 790.221(1) 2nd Possession of short- barreled shotgun or HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 32 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S machine gun. 434 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 435 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 436 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 437 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 438 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 439 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 33 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S more but less than $50,000. 440 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 441 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 442 812.019(1) 2nd Stolen property; dealing in or trafficking in. 443 812.081(3) 2nd Trafficking in trade secrets. 444 812.131(2)(b) 3rd Robbery by sudden snatching. 445 812.16(2) 3rd Owning, operating, or conducting a chop shop. 446 817.034(4)(a)2. 2nd Communications fraud, HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 34 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S value $20,000 to $50,000. 447 827.12(3)(b) 2nd Harmful communication with a minor younger than 12 years of age. 448 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 449 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 450 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 35 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of personal identification information of 10 or more persons. 451 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 452 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 453 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 454 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 36 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 455 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography. 456 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 457 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 458 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 459 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 37 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 460 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 461 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment. 462 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 463 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 464 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 38 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S gang. 465 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs). 466 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 467 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 39 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university. 468 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 469 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility. HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 40 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 470 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 471 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 472 Section 6. Paragraph (h) of subsection (1) of section 473 943.0435, Florida Statutes, is amended to read: 474 943.0435 Sexual offenders required to register with the 475 department; penalty.— 476 (1) As used in this section, the term: 477 (h)1. "Sexual offender" means a person who meets the 478 criteria in sub-subparagraph a., sub-subparagraph b., sub- 479 subparagraph c., or sub-subparagraph d., as follows: 480 a.(I) Has been convicted of committing, or attempting, 481 soliciting, or conspiring to commit, any of the criminal 482 offenses proscribed in the following statutes in this state or 483 similar offenses in another jurisdiction: s. 393.135(2); s. 484 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 485 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 486 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 487 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 41 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 488 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 847.0133; s. 489 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 490 847.0145; s. 895.03, if the court makes a written finding that 491 the racketeering activity involved at least one sexual offense 492 listed in this sub-sub-subparagraph or at least one offense 493 listed in this sub-sub-subparagraph with sexual intent or 494 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 495 committed in this state which has been redesignated from a 496 former statute number to one of those listed in this sub-sub- 497 subparagraph; and 498 (II) Has been released on or after October 1, 1997, from a 499 sanction imposed for any conviction of an offense described in 500 sub-sub-subparagraph (I) and does not otherwise meet the 501 criteria for registration as a sexual offender under chapter 944 502 or chapter 985. For purposes of this sub-sub-subparagraph, a 503 sanction imposed in this state or in any other jurisdiction 504 means probation, community control, parole, conditional release, 505 control release, or incarceration in a state prison, federal 506 prison, private correctional facility, or local detention 507 facility. If no sanction is imposed, the person is deemed to be 508 released upon conviction; 509 b. Establishes or maintains a residence in this state and 510 who has not been designated as a sexual predator by a court of 511 this state but who has been designated as a sexual predator, as 512 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 42 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S a sexually violent predator, or by another sexual offender 513 designation in another state or jurisdiction and was, as a 514 result of such designation, subjected to registration or 515 community or public notification, or both, or would be if the 516 person were a resident of that state or jurisdiction, without 517 regard to whether the person otherwise meets the criteria for 518 registration as a sexual offender; 519 c. Establishes or maintains a residence in this state who 520 is in the custody or control of, or under the supervision of, 521 any other state or jurisdiction as a result of a conviction for 522 committing, or attempting, soliciting, or conspiring to commit, 523 any of the criminal offenses proscribed in the following 524 statutes or similar offense in another jurisdiction: s. 525 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 526 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 527 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 528 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 529 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 827.12; s. 530 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 531 847.0138; s. 847.0145; s. 895.03, if the court makes a written 532 finding that the racketeering activity involved at least one 533 sexual offense listed in this sub-subparagraph or at least one 534 offense listed in this sub-subparagraph with sexual intent or 535 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 536 committed in this state which has been redesignated from a 537 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 43 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S former statute number to one of those listed in this sub- 538 subparagraph; or 539 d. On or after July 1, 2007, has been adjudicated 540 delinquent for committing, or attempting, soliciting, or 541 conspiring to commit, any of the criminal offenses proscribed in 542 the following statutes in this state or similar offenses in 543 another jurisdiction when the juvenile was 14 years of age or 544 older at the time of the offense: 545 (I) Section 794.011, excluding s. 794.011(10); 546 (II) Section 800.04(4)(a)2. where the victim is under 12 547 years of age or where the court finds sexual activity by the use 548 of force or coercion; 549 (III) Section 800.04(5)(c)1. where the court finds 550 molestation involving unclothed genitals; 551 (IV) Section 800.04(5)(d) where the court finds the use of 552 force or coercion and unclothed genitals; or 553 (V) Any similar offense committed in this state which has 554 been redesignated from a former statute number to one of those 555 listed in this sub-subparagraph. 556 2. For all qualifying offenses listed in sub-subparagraph 557 1.d., the court shall make a written finding of the age of the 558 offender at the time of the offense. 559 560 For each violation of a qualifying offense listed in this 561 subsection, except for a violation of s. 794.011, the court 562 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 44 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S shall make a written finding of the age of the victim at the 563 time of the offense. For a violation of s. 800.04(4), the court 564 shall also make a written finding indicating whether the offense 565 involved sexual activity and indicating whether the offense 566 involved force or coercion. For a violation of s. 800.04(5), the 567 court shall also make a written finding that the offense did or 568 did not involve unclothed genitals or genital area and that the 569 offense did or did not involve the use of force or coercion. 570 Section 7. Paragraph (f) of subsection (1) of section 571 944.606, Florida Statutes, is amended to read: 572 944.606 Sexual offenders; notification upon release.— 573 (1) As used in this section, the term: 574 (f) "Sexual offender" means a person who has been 575 convicted of committing, or attempting, soliciting, or 576 conspiring to commit, any of the criminal offenses proscribed in 577 the following statutes in this state or similar offenses in 578 another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 579 s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 580 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 581 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 582 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 583 827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 584 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 585 if the court makes a written finding that the racketeering 586 activity involved at least one sexual offense listed in this 587 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 45 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S paragraph or at least one offense listed in this paragraph with 588 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or 589 any similar offense committed in this state which has been 590 redesignated from a former statute number to one of those listed 591 in this subsection, when the department has received verified 592 information regarding such conviction; an offender's 593 computerized criminal history record is not, in and of itself, 594 verified information. 595 Section 8. Paragraph (f) of subsection (1) of section 596 944.607, Florida Statutes, is amended to read: 597 944.607 Notification to Department of Law Enforcement of 598 information on sexual offenders.— 599 (1) As used in this section, the term: 600 (f) "Sexual offender" means a person who is in the custody 601 or control of, or under the supervision of, the department or is 602 in the custody of a private correctional facility: 603 1. On or after October 1, 1997, as a result of a 604 conviction for committing, or attempting, soliciting, or 605 conspiring to commit, any of the criminal offenses proscribed in 606 the following statutes in this state or similar offenses in 607 another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, 608 s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 609 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 610 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 611 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 612 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 46 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 827.071; s. 827.12; s. 847.0133; s. 847.0135, excluding s. 613 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03, 614 if the court makes a written finding that the racketeering 615 activity involved at least one sexual offense listed in this 616 subparagraph or at least one offense listed in this subparagraph 617 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 618 or any similar offense committed in this state which has been 619 redesignated from a former statute number to one of those listed 620 in this paragraph; or 621 2. Who establishes or maintains a residence in this state 622 and who has not been designated as a sexual predator by a court 623 of this state but who has been designated as a sexual predator, 624 as a sexually violent predator, or by another sexual offender 625 designation in another state or jurisdiction and was, as a 626 result of such designation, subjected to registration or 627 community or public notification, or both, or would be if the 628 person were a resident of that state or jurisdiction, without 629 regard as to whether the person otherwise meets the criteria for 630 registration as a sexual offender. 631 Section 9. For the purpose of incorporating the amendment 632 made by this act to section 943.0435, Florida Statutes, in 633 references thereto, paragraph (c) of subsection (2) and 634 paragraph (c) of subsection (9) of section 61.13, Florida 635 Statutes, are reenacted to read: 636 61.13 Support of children; parenting and time-sharing; 637 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 47 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S powers of court.— 638 (2) 639 (c) The court shall determine all matters relating to 640 parenting and time-sharing of each minor child of the parties in 641 accordance with the best interests of the child and in 642 accordance with the Uniform Child Custody Jurisdiction and 643 Enforcement Act, except that modification of a parenting plan 644 and time-sharing schedule requires a showing of a substantial 645 and material change of circumstances. 646 1. It is the public policy of this state that each minor 647 child has frequent and continuing contact with both parents 648 after the parents separate or the marriage of the parties is 649 dissolved and to encourage parents to share the rights and 650 responsibilities, and joys, of childrearing. Unless otherwise 651 provided in this section or agreed to by the parties, there is a 652 rebuttable presumption that equal time-sharing of a minor child 653 is in the best interests of the minor child. To rebut this 654 presumption, a party must prove by a preponderance of the 655 evidence that equal time-sharing is not in the best interests of 656 the minor child. Except when a time-sharing schedule is agreed 657 to by the parties and approved by the court, the court must 658 evaluate all of the factors set forth in subsection (3) and make 659 specific written findings of fact when creating or modifying a 660 time-sharing schedule. 661 2. The court shall order that the parental responsibility 662 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 48 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S for a minor child be shared by both parents unless the court 663 finds that shared parental responsibility would be detrimental 664 to the child. In determining detriment to the child, the court 665 shall consider: 666 a. Evidence of domestic violence, as defined in s. 741.28; 667 b. Whether either parent has or has had reasonable cause 668 to believe that he or she or his or her minor child or children 669 are or have been in imminent danger of becoming victims of an 670 act of domestic violence as defined in s. 741.28 or sexual 671 violence as defined in s. 784.046(1)(c) by the other parent 672 against the parent or against the child or children whom the 673 parents share in common regardless of whether a cause of action 674 has been brought or is currently pending in the court; 675 c. Whether either parent has or has had reasonable cause 676 to believe that his or her minor child or children are or have 677 been in imminent danger of becoming victims of an act of abuse 678 as defined in s. 39.01(2), abandonment as defined in s. 679 39.01(1), or neglect as defined in s. 39.01(50) by the other 680 parent against the child or children whom the parents share in 681 common regardless of whether a cause of action has been brought 682 or is currently pending in the court; and 683 d. Any other relevant factors. 684 3. The following evidence creates a rebuttable presumption 685 that shared parental responsibility is detrimental to the child: 686 a. A parent has been convicted of a misdemeanor of the 687 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 49 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S first degree or higher involving domestic violence, as defined 688 in s. 741.28 and chapter 775; 689 b. A parent meets the criteria of s. 39.806(1)(d); or 690 c. A parent has been convicted of or had adjudication 691 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 692 at the time of the offense: 693 (I) The parent was 18 years of age or older. 694 (II) The victim was under 18 years of age or the parent 695 believed the victim to be under 18 years of age. 696 697 If the presumption is not rebutted after the convicted parent is 698 advised by the court that the presumption exists, shared 699 parental responsibility, including time-sharing with the child, 700 and decisions made regarding the child, may not be granted to 701 the convicted parent. However, the convicted parent is not 702 relieved of any obligation to provide financial support. If the 703 court determines that shared parental responsibility would be 704 detrimental to the child, it may order sole parental 705 responsibility and make such arrangements for time-sharing as 706 specified in the parenting plan as will best protect the child 707 or abused spouse from further harm. Whether or not there is a 708 conviction of any offense of domestic violence or child abuse or 709 the existence of an injunction for protection against domestic 710 violence, the court shall consider evidence of domestic violence 711 or child abuse as evidence of detriment to the child. 712 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 50 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 4. In ordering shared parental responsibility, the court 713 may consider the expressed desires of the parents and may grant 714 to one party the ultimate responsibility over specific aspects 715 of the child's welfare or may divide those responsibilities 716 between the parties based on the best interests of the child. 717 Areas of responsibility may include education, health care, and 718 any other responsibilities that the court finds unique to a 719 particular family. 720 5. The court shall order sole parental responsibility for 721 a minor child to one parent, with or without time-sharing with 722 the other parent if it is in the best interests of the minor 723 child. 724 6. There is a rebuttable presumption against granting 725 time-sharing with a minor child if a parent has been convicted 726 of or had adjudication withheld for an offense enumerated in s. 727 943.0435(1)(h)1.a., and at the time of the offense: 728 a. The parent was 18 years of age or older. 729 b. The victim was under 18 years of age or the parent 730 believed the victim to be under 18 years of age. 731 732 A parent may rebut the presumption upon a specific finding in 733 writing by the court that the parent poses no significant risk 734 of harm to the child and that time-sharing is in the best 735 interests of the minor child. If the presumption is rebutted, 736 the court must consider all time-sharing factors in subsection 737 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 51 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) when developing a time-sharing schedule. 738 7. Access to records and information pertaining to a minor 739 child, including, but not limited to, medical, dental, and 740 school records, may not be denied to either parent. Full rights 741 under this subparagraph apply to either parent unless a court 742 order specifically revokes these rights, including any 743 restrictions on these rights as provided in a domestic violence 744 injunction. A parent having rights under this subparagraph has 745 the same rights upon request as to form, substance, and manner 746 of access as are available to the other parent of a child, 747 including, without limitation, the right to in-person 748 communication with medical, dental, and education providers. 749 (9) 750 (c) A court may not order visitation at a recovery 751 residence if any resident of the recovery residence is currently 752 required to register as a sexual predator under s. 775.21 or as 753 a sexual offender under s. 943.0435. 754 Section 10. For the purpose of incorporating the amendment 755 made by this act to section 943.0435, Florida Statutes, in 756 references thereto, paragraph (i) of subsection (3) and 757 subsection (6) of section 68.07, Florida Statutes, are reenacted 758 to read: 759 68.07 Change of name.— 760 (3) Each petition shall be verified and show: 761 (i) Whether the petitioner has ever been required to 762 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 52 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S register as a sexual predator under s. 775.21 or as a sexual 763 offender under s. 943.0435. 764 (6) The clerk of the court must, within 5 business days 765 after the filing of the final judgment, send a report of the 766 judgment to the Department of Law Enforcement on a form to be 767 furnished by that department. If the petitioner is required to 768 register as a sexual predator or a sexual offender pursuant to 769 s. 775.21 or s. 943.0435, the clerk of court shall 770 electronically notify the Department of Law Enforcement of the 771 name change, in a manner prescribed by that department, within 2 772 business days after the filing of the final judgment. The 773 Department of Law Enforcement must send a copy of the report to 774 the Department of Highway Safety and Motor Vehicles, which may 775 be delivered by electronic transmission. The report must contain 776 sufficient information to identify the petitioner, including the 777 results of the criminal history records check if applicable, the 778 new name of the petitioner, and the file number of the judgment. 779 The Department of Highway Safety and Motor Vehicles shall 780 monitor the records of any sexual predator or sexual offender 781 whose name has been provided to it by the Department of Law 782 Enforcement. If the sexual predator or sexual offender does not 783 obtain a replacement driver license or identification card 784 within the required time as specified in s. 775.21 or s. 785 943.0435, the Department of Highway Safety and Motor Vehicles 786 shall notify the Department of Law Enforcement. The Department 787 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 53 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of Law Enforcement shall notify applicable law enforcement 788 agencies of the predator's or offender's failure to comply with 789 registration requirements. Any information retained by the 790 Department of Law Enforcement and the Department of Highway 791 Safety and Motor Vehicles may be revised or supplemented by said 792 departments to reflect changes made by the final judgment. With 793 respect to a person convicted of a felony in another state or of 794 a federal offense, the Department of Law Enforcement must send 795 the report to the respective state's office of law enforcement 796 records or to the office of the Federal Bureau of Investigation. 797 The Department of Law Enforcement may forward the report to any 798 other law enforcement agency it believes may retain information 799 related to the petitioner. 800 Section 11. For the purpose of incorporating the amendment 801 made by this act to section 943.0435, Florida Statutes, in a 802 reference thereto, paragraph (b) of subsection (1) of section 803 92.55, Florida Statutes, is reenacted to read: 804 92.55 Special protections in proceedings involving victim 805 or witness under 18, person with intellectual disability, or 806 sexual offense victim.— 807 (1) For purposes of this section, the term: 808 (b) "Sexual offense" means any offense specified in s. 809 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). 810 Section 12. For the purpose of incorporating the amendment 811 made by this act to section 943.0435, Florida Statutes, in a 812 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 54 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S reference thereto, paragraph (b) of subsection (2) of section 813 98.0751, Florida Statutes, is reenacted to read: 814 98.0751 Restoration of voting rights; termination of 815 ineligibility subsequent to a felony conviction.— 816 (2) For purposes of this section, the term: 817 (b) "Felony sexual offense" means any of the following: 818 1. Any felony offense that serves as a predicate to 819 registration as a sexual offender in accordance with s. 820 943.0435; 821 2. Section 491.0112; 822 3. Section 784.049(3)(b); 823 4. Section 794.08; 824 5. Section 796.08; 825 6. Section 800.101; 826 7. Section 826.04; 827 8. Section 847.012; 828 9. Section 872.06(2); 829 10. Section 944.35(3)(b)2.; 830 11. Section 951.221(1); or 831 12. Any similar offense committed in another jurisdiction 832 which would be an offense listed in this paragraph if it had 833 been committed in violation of the laws of this state. 834 Section 13. For the purpose of incorporating the amendment 835 made by this act to section 943.0435, Florida Statutes, in a 836 reference thereto, subsection (2) of section 394.9125, Florida 837 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 55 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Statutes, is reenacted to read: 838 394.9125 State attorney; authority to refer a person for 839 civil commitment.— 840 (2) A state attorney may refer a person to the department 841 for civil commitment proceedings if the person: 842 (a) Is required to register as a sexual offender pursuant 843 to s. 943.0435; 844 (b) Has previously been convicted of a sexually violent 845 offense as defined in s. 394.912(9)(a)-(h); and 846 (c) Has been sentenced to a term of imprisonment in a 847 county or municipal jail for any criminal offense. 848 Section 14. For the purpose of incorporating the amendment 849 made by this act to section 943.0435, Florida Statutes, in a 850 reference thereto, paragraph (b) of subsection (10) of section 851 397.487, Florida Statutes, is reenacted to read: 852 397.487 Voluntary certification of recovery residences.— 853 (10) 854 (b) A certified recovery residence may not allow a minor 855 child to visit a parent who is a resident of the recovery 856 residence at any time if any resident of the recovery residence 857 is currently required to register as a sexual predator under s. 858 775.21 or as a sexual offender under s. 943.0435. 859 Section 15. For the purpose of incorporating the amendment 860 made by this act to section 943.0435, Florida Statutes, in a 861 reference thereto, paragraph (b) of subsection (4) of section 862 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 56 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 435.07, Florida Statutes, as amended by chapter 2023-220, Laws 863 of Florida, is reenacted to read: 864 435.07 Exemptions from disqualification.—Unless otherwise 865 provided by law, the provisions of this section apply to 866 exemptions from disqualification for disqualifying offenses 867 revealed pursuant to background screenings required under this 868 chapter, regardless of whether those disqualifying offenses are 869 listed in this chapter or other laws. 870 (4) 871 (b) Disqualification from employment or affiliation under 872 this chapter may not be removed from, nor may an exemption be 873 granted to, any person who is a: 874 1. Sexual predator as designated pursuant to s. 775.21; 875 2. Career offender pursuant to s. 775.261; or 876 3. Sexual offender pursuant to s. 943.0435, unless the 877 requirement to register as a sexual offender has been removed 878 pursuant to s. 943.04354. 879 Section 16. For the purpose of incorporating the amendment 880 made by this act to section 943.0435, Florida Statutes, in a 881 reference thereto, subsection (2) of section 775.0862, Florida 882 Statutes, is reenacted to read: 883 775.0862 Sexual offenses against students by authority 884 figures; reclassification.— 885 (2) The felony degree of a violation of an offense listed 886 in s. 943.0435(1)(h)1.a., unless the offense is a violation of 887 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 57 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified 888 as provided in this section if the offense is committed by an 889 authority figure of a school against a student of the school. 890 Section 17. For the purpose of incorporating the amendment 891 made by this act to section 943.0435, Florida Statutes, in a 892 reference thereto, paragraph (cc) of subsection (2) of section 893 900.05, Florida Statutes, is reenacted to read: 894 900.05 Criminal justice data collection.— 895 (2) DEFINITIONS.—As used in this section, the term: 896 (cc) "Sexual offender flag" means an indication that a 897 defendant was required to register as a sexual predator as 898 defined in s. 775.21 or as a sexual offender as defined in s. 899 943.0435. 900 Section 18. For the purpose of incorporating the amendment 901 made by this act to section 943.0435, Florida Statutes, in a 902 reference thereto, paragraph (m) of subsection (2) of section 903 903.046, Florida Statutes, is reenacted to read: 904 903.046 Purpose of and criteria for bail determination.— 905 (2) When determining whether to release a defendant on 906 bail or other conditions, and what that bail or those conditions 907 may be, the court shall consider: 908 (m) Whether the defendant, other than a defendant whose 909 only criminal charge is a misdemeanor offense under chapter 316, 910 is required to register as a sexual offender under s. 943.0435 911 or a sexual predator under s. 775.21; and, if so, he or she is 912 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 58 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S not eligible for release on bail or surety bond until the first 913 appearance on the case in order to ensure the full participation 914 of the prosecutor and the protection of the public. 915 Section 19. For the purpose of incorporating the amendment 916 made by this act to section 943.0435, Florida Statutes, in a 917 reference thereto, section 903.133, Florida Statutes, is 918 reenacted to read: 919 903.133 Bail on appeal; prohibited for certain felony 920 convictions.—Notwithstanding s. 903.132, no person shall be 921 admitted to bail pending review either by posttrial motion or 922 appeal if he or she was adjudged guilty of: 923 (1) A felony of the first degree for a violation of s. 924 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 925 893.13, or s. 893.135; 926 (2) A violation of s. 794.011(2) or (3); or 927 (3) Any other offense requiring sexual offender 928 registration under s. 943.0435(1)(h) or sexual predator 929 registration under s. 775.21(4) when, at the time of the 930 offense, the offender was 18 years of age or older and the 931 victim was a minor. 932 Section 20. For the purpose of incorporating the amendment 933 made by this act to section 943.0435, Florida Statutes, in a 934 reference thereto, paragraph (b) of subsection (4) of section 935 907.043, Florida Statutes, is reenacted to read: 936 907.043 Pretrial release; citizens' right to know.— 937 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 59 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (4) 938 (b) The annual report must contain, but need not be 939 limited to: 940 1. The name, location, and funding sources of the pretrial 941 release program, including the amount of public funds, if any, 942 received by the pretrial release program. 943 2. The operating and capital budget of each pretrial 944 release program receiving public funds. 945 3.a. The percentage of the pretrial release program's 946 total budget representing receipt of public funds. 947 b. The percentage of the total budget which is allocated 948 to assisting defendants obtain release through a nonpublicly 949 funded program. 950 c. The amount of fees paid by defendants to the pretrial 951 release program. 952 4. The number of persons employed by the pretrial release 953 program. 954 5. The number of defendants assessed and interviewed for 955 pretrial release. 956 6. The number of defendants recommended for pretrial 957 release. 958 7. The number of defendants for whom the pretrial release 959 program recommended against nonsecured release. 960 8. The number of defendants granted nonsecured release 961 after the pretrial release program recommended nonsecured 962 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 60 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S release. 963 9. The number of defendants assessed and interviewed for 964 pretrial release who were declared indigent by the court. 965 10. The number of defendants accepted into a pretrial 966 release program who paid a surety or cash bail or bond. 967 11. The number of defendants for whom a risk assessment 968 tool was used in determining whether the defendant should be 969 released pending the disposition of the case and the number of 970 defendants for whom a risk assessment tool was not used. 971 12. The specific statutory citation for each criminal 972 charge related to a defendant whose case is accepted into a 973 pretrial release program, including, at a minimum, the number of 974 defendants charged with dangerous crimes as defined in s. 975 907.041; nonviolent felonies; or misdemeanors only. A 976 "nonviolent felony" for purposes of this subparagraph excludes 977 the commission of, an attempt to commit, or a conspiracy to 978 commit any of the following: 979 a. An offense enumerated in s. 775.084(1)(c); 980 b. An offense that requires a person to register as a 981 sexual predator in accordance with s. 775.21 or as a sexual 982 offender in accordance with s. 943.0435; 983 c. Failure to register as a sexual predator in violation 984 of s. 775.21 or as a sexual offender in violation of s. 985 943.0435; 986 d. Facilitating or furthering terrorism in violation of s. 987 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 61 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 775.31; 988 e. A forcible felony as described in s. 776.08; 989 f. False imprisonment in violation of s. 787.02; 990 g. Burglary of a dwelling or residence in violation of s. 991 810.02(3); 992 h. Abuse, aggravated abuse, and neglect of an elderly 993 person or disabled adult in violation of s. 825.102; 994 i. Abuse, aggravated abuse, and neglect of a child in 995 violation of s. 827.03; 996 j. Poisoning of food or water in violation of s. 859.01; 997 k. Abuse of a dead human body in violation of s. 872.06; 998 l. A capital offense in violation of chapter 893; 999 m. An offense that results in serious bodily injury or 1000 death to another human; or 1001 n. A felony offense in which the defendant used a weapon 1002 or firearm in the commission of the offense. 1003 13. The number of defendants accepted into a pretrial 1004 release program with no prior criminal conviction. 1005 14. The name and case number of each person granted 1006 nonsecured release who: 1007 a. Failed to attend a scheduled court appearance. 1008 b. Was issued a warrant for failing to appear. 1009 c. Was arrested for any offense while on release through 1010 the pretrial release program. 1011 15. Any additional information deemed necessary by the 1012 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 62 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S governing body to assess the performance and cost efficiency of 1013 the pretrial release program. 1014 Section 21. For the purpose of incorporating the amendment 1015 made by this act to section 943.0435, Florida Statutes, in a 1016 reference thereto, paragraph (d) of subsection (7) of section 1017 921.1425, Florida Statutes, is reenacted to read: 1018 921.1425 Sentence of death or life imprisonment for 1019 capital sexual battery; further proceedings to determine 1020 sentence.— 1021 (7) AGGRAVATING FACTORS.—Aggravating factors shall be 1022 limited to the following: 1023 (d) The capital felony was committed by a sexual offender 1024 who is required to register pursuant to s. 943.0435 or a person 1025 previously required to register as a sexual offender who had 1026 such requirement removed. 1027 Section 22. For the purpose of incorporating the amendment 1028 made by this act to section 943.0435, Florida Statutes, in a 1029 reference thereto, paragraph (a) of subsection (2) of section 1030 934.255, Florida Statutes, is reenacted to read: 1031 934.255 Subpoenas in investigations of sexual offenses.— 1032 (2) An investigative or law enforcement officer who is 1033 conducting an investigation into: 1034 (a) Allegations of the sexual abuse of a child or an 1035 individual's suspected commission of a crime listed in s. 1036 943.0435(1)(h)1.a.(I) may use a subpoena to compel the 1037 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 63 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S production of records, documents, or other tangible objects and 1038 the testimony of the subpoena recipient concerning the 1039 production and authenticity of such records, documents, or 1040 objects, except as provided in paragraphs (b) and (c). 1041 1042 A subpoena issued under this subsection must describe the 1043 records, documents, or other tangible objects required to be 1044 produced, and must prescribe a date by which such records, 1045 documents, or other tangible objects must be produced. 1046 Section 23. For the purpose of incorporating the amendment 1047 made by this act to section 943.0435, Florida Statutes, in a 1048 reference thereto, subsection (1) of section 938.10, Florida 1049 Statutes, is reenacted to read: 1050 938.10 Additional court cost imposed in cases of certain 1051 crimes.— 1052 (1) If a person pleads guilty or nolo contendere to, or is 1053 found guilty of, regardless of adjudication, any offense against 1054 a minor in violation of s. 784.085, chapter 787, chapter 794, 1055 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s. 1056 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145, 1057 s. 893.147(3), or s. 985.701, or any offense in violation of s. 1058 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the 1059 court shall impose a court cost of $151 against the offender in 1060 addition to any other cost or penalty required by law. 1061 Section 24. For the purpose of incorporating the amendment 1062 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 64 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S made by this act to section 943.0435, Florida Statutes, in a 1063 reference thereto, subsection (2) of section 943.0584, Florida 1064 Statutes, is reenacted to read: 1065 943.0584 Criminal history records ineligible for court- 1066 ordered expunction or court-ordered sealing.— 1067 (2) A criminal history record is ineligible for a 1068 certificate of eligibility for expunction or a court-ordered 1069 expunction pursuant to s. 943.0585 or a certificate of 1070 eligibility for sealing or a court-ordered sealing pursuant to 1071 s. 943.059 if the record is a conviction for any of the 1072 following offenses: 1073 (a) Sexual misconduct, as defined in s. 393.135, s. 1074 394.4593, or s. 916.1075; 1075 (b) Illegal use of explosives, as defined in chapter 552; 1076 (c) Terrorism, as defined in s. 775.30; 1077 (d) Murder, as defined in s. 782.04, s. 782.065, or s. 1078 782.09; 1079 (e) Manslaughter or homicide, as defined in s. 782.07, s. 1080 782.071, or s. 782.072; 1081 (f) Assault or battery, as defined in ss. 784.011 and 1082 784.03, respectively, of one family or household member by 1083 another family or household member, as defined in s. 741.28(3); 1084 (g) Aggravated assault, as defined in s. 784.021; 1085 (h) Felony battery, domestic battery by strangulation, or 1086 aggravated battery, as defined in ss. 784.03, 784.041, and 1087 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 65 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 784.045, respectively; 1088 (i) Stalking or aggravated stalking, as defined in s. 1089 784.048; 1090 (j) Luring or enticing a child, as defined in s. 787.025; 1091 (k) Human trafficking, as defined in s. 787.06; 1092 (l) Kidnapping or false imprisonment, as defined in s. 1093 787.01 or s. 787.02; 1094 (m) Any offense defined in chapter 794; 1095 (n) Procuring a person less than 18 years of age for 1096 prostitution, as defined in former s. 796.03; 1097 (o) Lewd or lascivious offenses committed upon or in the 1098 presence of persons less than 16 years of age, as defined in s. 1099 800.04; 1100 (p) Arson, as defined in s. 806.01; 1101 (q) Burglary of a dwelling, as defined in s. 810.02; 1102 (r) Voyeurism or video voyeurism, as defined in ss. 810.14 1103 and 810.145, respectively; 1104 (s) Robbery or robbery by sudden snatching, as defined in 1105 ss. 812.13 and 812.131, respectively; 1106 (t) Carjacking, as defined in s. 812.133; 1107 (u) Home-invasion robbery, as defined in s. 812.135; 1108 (v) A violation of the Florida Communications Fraud Act, 1109 as provided in s. 817.034; 1110 (w) Abuse of an elderly person or disabled adult, or 1111 aggravated abuse of an elderly person or disabled adult, as 1112 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 66 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S defined in s. 825.102; 1113 (x) Lewd or lascivious offenses committed upon or in the 1114 presence of an elderly person or disabled person, as defined in 1115 s. 825.1025; 1116 (y) Child abuse or aggravated child abuse, as defined in 1117 s. 827.03; 1118 (z) Sexual performance by a child, as defined in s. 1119 827.071; 1120 (aa) Any offense defined in chapter 839; 1121 (bb) Certain acts in connection with obscenity, as defined 1122 in s. 847.0133; 1123 (cc) Any offense defined in s. 847.0135; 1124 (dd) Selling or buying of minors, as defined in s. 1125 847.0145; 1126 (ee) Aircraft piracy, as defined in s. 860.16; 1127 (ff) Manufacturing a controlled substance in violation of 1128 chapter 893; 1129 (gg) Drug trafficking, as defined in s. 893.135; or 1130 (hh) Any violation specified as a predicate offense for 1131 registration as a sexual predator pursuant to s. 775.21, or 1132 sexual offender pursuant to s. 943.0435, without regard to 1133 whether that offense alone is sufficient to require such 1134 registration. 1135 Section 25. For the purpose of incorporating the amendment 1136 made by this act to section 943.0435, Florida Statutes, in a 1137 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 67 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S reference thereto, paragraph (a) of subsection (2) of section 1138 943.0595, Florida Statutes, is reenacted to read: 1139 943.0595 Automatic sealing of criminal history records; 1140 confidentiality of related court records.— 1141 (2) ELIGIBILITY.— 1142 (a) The department shall automatically seal a criminal 1143 history record that does not result from an indictment, 1144 information, or other charging document for a forcible felony as 1145 defined in s. 776.08 or for an offense enumerated in s. 1146 943.0435(1)(h)1.a.(I), if: 1147 1. An indictment, information, or other charging document 1148 was not filed or issued in the case giving rise to the criminal 1149 history record. 1150 2. An indictment, information, or other charging document 1151 was filed in the case giving rise to the criminal history 1152 record, but was dismissed or nolle prosequi by the state 1153 attorney or statewide prosecutor or was dismissed by a court of 1154 competent jurisdiction as to all counts. However, a person is 1155 not eligible for automatic sealing under this section if the 1156 dismissal was pursuant to s. 916.145 or s. 985.19. 1157 3. A not guilty verdict was rendered by a judge or jury as 1158 to all counts. However, a person is not eligible for automatic 1159 sealing under this section if the defendant was found not guilty 1160 by reason of insanity. 1161 4. A judgment of acquittal was rendered by a judge as to 1162 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 68 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S all counts. 1163 Section 26. For the purpose of incorporating the amendment 1164 made by this act to section 943.0435, Florida Statutes, in 1165 references thereto, paragraph (a) of subsection (4) and 1166 subsection (9) of section 944.607, Florida Statutes, are 1167 reenacted to read: 1168 944.607 Notification to Department of Law Enforcement of 1169 information on sexual offenders.— 1170 (4) A sexual offender, as described in this section, who 1171 is under the supervision of the Department of Corrections but is 1172 not incarcerated shall register with the Department of 1173 Corrections within 3 business days after sentencing for a 1174 registrable offense and otherwise provide information as 1175 required by this subsection. 1176 (a) The sexual offender shall provide his or her name; 1177 date of birth; social security number; race; sex; height; 1178 weight; hair and eye color; tattoos or other identifying marks; 1179 all electronic mail addresses and Internet identifiers required 1180 to be provided pursuant to s. 943.0435(4)(e); employment 1181 information required to be provided pursuant to s. 1182 943.0435(4)(e); all home telephone numbers and cellular 1183 telephone numbers required to be provided pursuant to s. 1184 943.0435(4)(e); the make, model, color, vehicle identification 1185 number (VIN), and license tag number of all vehicles owned; 1186 permanent or legal residence and address of temporary residence 1187 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 69 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S within the state or out of state while the sexual offender is 1188 under supervision in this state, including any rural route 1189 address or post office box; if no permanent or temporary 1190 address, any transient residence within the state; and address, 1191 location or description, and dates of any current or known 1192 future temporary residence within the state or out of state. The 1193 sexual offender shall also produce his or her passport, if he or 1194 she has a passport, and, if he or she is an alien, shall produce 1195 or provide information about documents establishing his or her 1196 immigration status. The sexual offender shall also provide 1197 information about any professional licenses he or she has. The 1198 Department of Corrections shall verify the address of each 1199 sexual offender in the manner described in ss. 775.21 and 1200 943.0435. The department shall report to the Department of Law 1201 Enforcement any failure by a sexual predator or sexual offender 1202 to comply with registration requirements. 1203 (9) A sexual offender, as described in this section, who 1204 is under the supervision of the Department of Corrections but 1205 who is not incarcerated shall, in addition to the registration 1206 requirements provided in subsection (4), register and obtain a 1207 distinctive driver license or identification card in the manner 1208 provided in s. 943.0435(3), (4), and (5), unless the sexual 1209 offender is a sexual predator, in which case he or she shall 1210 register and obtain a distinctive driver license or 1211 identification card as required under s. 775.21. A sexual 1212 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 70 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S offender who fails to comply with the requirements of s. 1213 943.0435 is subject to the penalties provided in s. 943.0435(9). 1214 Section 27. For the purpose of incorporating the amendment 1215 made by this act to section 943.0435, Florida Statutes, in a 1216 reference thereto, subsection (12) of section 947.1405, Florida 1217 Statutes, is reenacted to read: 1218 947.1405 Conditional release program.— 1219 (12) In addition to all other conditions imposed, for a 1220 releasee who is subject to conditional release for a crime that 1221 was committed on or after May 26, 2010, and who has been 1222 convicted at any time of committing, or attempting, soliciting, 1223 or conspiring to commit, any of the criminal offenses listed in 1224 s. 943.0435(1)(h)1.a.(I), or a similar offense in another 1225 jurisdiction against a victim who was under 18 years of age at 1226 the time of the offense, if the releasee has not received a 1227 pardon for any felony or similar law of another jurisdiction 1228 necessary for the operation of this subsection, if a conviction 1229 of a felony or similar law of another jurisdiction necessary for 1230 the operation of this subsection has not been set aside in any 1231 postconviction proceeding, or if the releasee has not been 1232 removed from the requirement to register as a sexual offender or 1233 sexual predator pursuant to s. 943.04354, the commission must 1234 impose the following conditions: 1235 (a) A prohibition on visiting schools, child care 1236 facilities, parks, and playgrounds without prior approval from 1237 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 71 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the releasee's supervising officer. The commission may also 1238 designate additional prohibited locations to protect a victim. 1239 The prohibition ordered under this paragraph does not prohibit 1240 the releasee from visiting a school, child care facility, park, 1241 or playground for the sole purpose of attending a religious 1242 service as defined in s. 775.0861 or picking up or dropping off 1243 the releasee's child or grandchild at a child care facility or 1244 school. 1245 (b) A prohibition on distributing candy or other items to 1246 children on Halloween; wearing a Santa Claus costume, or other 1247 costume to appeal to children, on or preceding Christmas; 1248 wearing an Easter Bunny costume, or other costume to appeal to 1249 children, on or preceding Easter; entertaining at children's 1250 parties; or wearing a clown costume without prior approval from 1251 the commission. 1252 Section 28. For the purpose of incorporating the amendment 1253 made by this act to section 943.0435, Florida Statutes, in a 1254 reference thereto, paragraph (b) of subsection (2) of section 1255 948.013, Florida Statutes, is reenacted to read: 1256 948.013 Administrative probation.— 1257 (2) 1258 (b) Effective for an offense committed on or after October 1259 1, 2017, a person is ineligible for placement on administrative 1260 probation if the person is sentenced to or is serving a term of 1261 probation or community control, regardless of the conviction or 1262 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 72 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S adjudication, for committing, or attempting, conspiring, or 1263 soliciting to commit, any of the felony offenses described in s. 1264 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a. 1265 Section 29. For the purpose of incorporating the amendment 1266 made by this act to section 943.0435, Florida Statutes, in a 1267 reference thereto, paragraph (f) of subsection (2) of section 1268 948.05, Florida Statutes, is reenacted to read: 1269 948.05 Court to admonish or commend probationer or 1270 offender in community control; graduated incentives.— 1271 (2) The department shall implement a system of graduated 1272 incentives to promote compliance with the terms of supervision, 1273 encourage educational achievement and stable employment, and 1274 prioritize the highest levels of supervision for probationers or 1275 offenders presenting the greatest risk of recidivism. 1276 (f) A probationer or offender in community control who is 1277 placed under supervision for committing or attempting, 1278 soliciting, or conspiring to commit a violation of any felony 1279 offense described in s. 775.21(4)(a)1.a. or b. or s. 1280 943.0435(1)(h)1.a., or who qualifies as a violent felony 1281 offender of special concern under s. 948.06(8)(b) is not 1282 eligible for any reduction of his or her term of supervision 1283 under this section. 1284 Section 30. For the purpose of incorporating the amendment 1285 made by this act to section 943.0435, Florida Statutes, in a 1286 reference thereto, subsection (4) of section 948.06, Florida 1287 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 73 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Statutes, is reenacted to read: 1288 948.06 Violation of probation or community control; 1289 revocation; modification; continuance; failure to pay 1290 restitution or cost of supervision.— 1291 (4) Notwithstanding any other provision of this section, a 1292 felony probationer or an offender in community control who is 1293 arrested for violating his or her probation or community control 1294 in a material respect may be taken before the court in the 1295 county or circuit in which the probationer or offender was 1296 arrested. That court shall advise him or her of the charge of a 1297 violation and, if such charge is admitted, shall cause him or 1298 her to be brought before the court that granted the probation or 1299 community control. If the violation is not admitted by the 1300 probationer or offender, the court may commit him or her or 1301 release him or her with or without bail to await further 1302 hearing. However, if the probationer or offender is under 1303 supervision for any criminal offense proscribed in chapter 794, 1304 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1305 registered sexual predator or a registered sexual offender, or 1306 is under supervision for a criminal offense for which he or she 1307 would meet the registration criteria in s. 775.21, s. 943.0435, 1308 or s. 944.607 but for the effective date of those sections, the 1309 court must make a finding that the probationer or offender is 1310 not a danger to the public prior to release with or without 1311 bail. In determining the danger posed by the offender's or 1312 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 74 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S probationer's release, the court may consider the nature and 1313 circumstances of the violation and any new offenses charged; the 1314 offender's or probationer's past and present conduct, including 1315 convictions of crimes; any record of arrests without conviction 1316 for crimes involving violence or sexual crimes; any other 1317 evidence of allegations of unlawful sexual conduct or the use of 1318 violence by the offender or probationer; the offender's or 1319 probationer's family ties, length of residence in the community, 1320 employment history, and mental condition; his or her history and 1321 conduct during the probation or community control supervision 1322 from which the violation arises and any other previous 1323 supervisions, including disciplinary records of previous 1324 incarcerations; the likelihood that the offender or probationer 1325 will engage again in a criminal course of conduct; the weight of 1326 the evidence against the offender or probationer; and any other 1327 facts the court considers relevant. The court, as soon as is 1328 practicable, shall give the probationer or offender an 1329 opportunity to be fully heard on his or her behalf in person or 1330 by counsel. After the hearing, the court shall make findings of 1331 fact and forward the findings to the court that granted the 1332 probation or community control and to the probationer or 1333 offender or his or her attorney. The findings of fact by the 1334 hearing court are binding on the court that granted the 1335 probation or community control. Upon the probationer or offender 1336 being brought before it, the court that granted the probation or 1337 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 75 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S community control may revoke, modify, or continue the probation 1338 or community control or may place the probationer into community 1339 control as provided in this section. However, the probationer or 1340 offender shall not be released and shall not be admitted to 1341 bail, but shall be brought before the court that granted the 1342 probation or community control if any violation of felony 1343 probation or community control other than a failure to pay costs 1344 or fines or make restitution payments is alleged to have been 1345 committed by: 1346 (a) A violent felony offender of special concern, as 1347 defined in this section; 1348 (b) A person who is on felony probation or community 1349 control for any offense committed on or after the effective date 1350 of this act and who is arrested for a qualifying offense as 1351 defined in this section; or 1352 (c) A person who is on felony probation or community 1353 control and has previously been found by a court to be a 1354 habitual violent felony offender as defined in s. 775.084(1)(b), 1355 a three-time violent felony offender as defined in s. 1356 775.084(1)(c), or a sexual predator under s. 775.21, and who is 1357 arrested for committing a qualifying offense as defined in this 1358 section on or after the effective date of this act. 1359 Section 31. For the purpose of incorporating the amendment 1360 made by this act to section 943.0435, Florida Statutes, in a 1361 reference thereto, subsection (4) of section 948.30, Florida 1362 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 76 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Statutes, is reenacted to read: 1363 948.30 Additional terms and conditions of probation or 1364 community control for certain sex offenses.—Conditions imposed 1365 pursuant to this section do not require oral pronouncement at 1366 the time of sentencing and shall be considered standard 1367 conditions of probation or community control for offenders 1368 specified in this section. 1369 (4) In addition to all other conditions imposed, for a 1370 probationer or community controllee who is subject to 1371 supervision for a crime that was committed on or after May 26, 1372 2010, and who has been convicted at any time of committing, or 1373 attempting, soliciting, or conspiring to commit, any of the 1374 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a 1375 similar offense in another jurisdiction, against a victim who 1376 was under the age of 18 at the time of the offense; if the 1377 offender has not received a pardon for any felony or similar law 1378 of another jurisdiction necessary for the operation of this 1379 subsection, if a conviction of a felony or similar law of 1380 another jurisdiction necessary for the operation of this 1381 subsection has not been set aside in any postconviction 1382 proceeding, or if the offender has not been removed from the 1383 requirement to register as a sexual offender or sexual predator 1384 pursuant to s. 943.04354, the court must impose the following 1385 conditions: 1386 (a) A prohibition on visiting schools, child care 1387 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 77 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S facilities, parks, and playgrounds, without prior approval from 1388 the offender's supervising officer. The court may also designate 1389 additional locations to protect a victim. The prohibition 1390 ordered under this paragraph does not prohibit the offender from 1391 visiting a school, child care facility, park, or playground for 1392 the sole purpose of attending a religious service as defined in 1393 s. 775.0861 or picking up or dropping off the offender's 1394 children or grandchildren at a child care facility or school. 1395 (b) A prohibition on distributing candy or other items to 1396 children on Halloween; wearing a Santa Claus costume, or other 1397 costume to appeal to children, on or preceding Christmas; 1398 wearing an Easter Bunny costume, or other costume to appeal to 1399 children, on or preceding Easter; entertaining at children's 1400 parties; or wearing a clown costume; without prior approval from 1401 the court. 1402 Section 32. For the purpose of incorporating the amendment 1403 made by this act to section 943.0435, Florida Statutes, in a 1404 reference thereto, subsection (9) of section 985.4815, Florida 1405 Statutes, is reenacted to read: 1406 985.4815 Notification to Department of Law Enforcement of 1407 information on juvenile sexual offenders.— 1408 (9) A sexual offender, as described in this section, who 1409 is under the care, jurisdiction, or supervision of the 1410 department but who is not incarcerated shall, in addition to the 1411 registration requirements provided in subsection (4), register 1412 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 78 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in the manner provided in s. 943.0435(3), (4), and (5), unless 1413 the sexual offender is a sexual predator, in which case he or 1414 she shall register as required under s. 775.21. A sexual 1415 offender who fails to comply with the requirements of s. 1416 943.0435 is subject to the penalties provided in s. 943.0435(9). 1417 Section 33. For the purpose of incorporating the amendment 1418 made by this act to section 943.0435, Florida Statutes, in a 1419 reference thereto, paragraph (b) of subsection (2) of section 1420 1012.467, Florida Statutes, is reenacted to read: 1421 1012.467 Noninstructional contractors who are permitted 1422 access to school grounds when students are present; background 1423 screening requirements.— 1424 (2) 1425 (b) A noninstructional contractor for whom a criminal 1426 history check is required under this section may not have been 1427 convicted of any of the following offenses designated in the 1428 Florida Statutes, any similar offense in another jurisdiction, 1429 or any similar offense committed in this state which has been 1430 redesignated from a former provision of the Florida Statutes to 1431 one of the following offenses: 1432 1. Any offense listed in s. 943.0435(1)(h)1., relating to 1433 the registration of an individual as a sexual offender. 1434 2. Section 393.135, relating to sexual misconduct with 1435 certain developmentally disabled clients and the reporting of 1436 such sexual misconduct. 1437 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 79 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. Section 394.4593, relating to sexual misconduct with 1438 certain mental health patients and the reporting of such sexual 1439 misconduct. 1440 4. Section 775.30, relating to terrorism. 1441 5. Section 782.04, relating to murder. 1442 6. Section 787.01, relating to kidnapping. 1443 7. Any offense under chapter 800, relating to lewdness and 1444 indecent exposure. 1445 8. Section 826.04, relating to incest. 1446 9. Section 827.03, relating to child abuse, aggravated 1447 child abuse, or neglect of a child. 1448 Section 34. For the purpose of incorporating the amendment 1449 made by this act to section 944.607, Florida Statutes, in a 1450 reference thereto, subsection (7) of section 944.608, Florida 1451 Statutes, is reenacted to read: 1452 944.608 Notification to Department of Law Enforcement of 1453 information on career offenders.— 1454 (7) A career offender who is under the supervision of the 1455 department but who is not incarcerated shall, in addition to the 1456 registration requirements provided in subsection (3), register 1457 in the manner provided in s. 775.261(4)(c), unless the career 1458 offender is a sexual predator, in which case he or she shall 1459 register as required under s. 775.21, or is a sexual offender, 1460 in which case he or she shall register as required in s. 1461 944.607. A career offender who fails to comply with the 1462 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 80 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S requirements of s. 775.261(4) is subject to the penalties 1463 provided in s. 775.261(8). 1464 Section 35. For the purpose of incorporating the 1465 amendments made by this act to sections 944.606 and 944.607, 1466 Florida Statutes, in references thereto, subsection (3) and 1467 paragraph (a) of subsection (4) of section 943.0435, Florida 1468 Statutes, are reenacted to read: 1469 943.0435 Sexual offenders required to register with the 1470 department; penalty.— 1471 (3) Within 48 hours after the report required under 1472 subsection (2), a sexual offender shall report in person at a 1473 driver license office of the Department of Highway Safety and 1474 Motor Vehicles, unless a driver license or identification card 1475 that complies with the requirements of s. 322.141(3) was 1476 previously secured or updated under s. 944.607. At the driver 1477 license office the sexual offender shall: 1478 (a) If otherwise qualified, secure a Florida driver 1479 license, renew a Florida driver license, or secure an 1480 identification card. The sexual offender shall identify himself 1481 or herself as a sexual offender who is required to comply with 1482 this section and shall provide proof that the sexual offender 1483 reported as required in subsection (2). The sexual offender 1484 shall provide any of the information specified in subsection 1485 (2), if requested. The sexual offender shall submit to the 1486 taking of a photograph for use in issuing a driver license, 1487 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 81 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S renewed license, or identification card, and for use by the 1488 department in maintaining current records of sexual offenders. 1489 (b) Pay the costs assessed by the Department of Highway 1490 Safety and Motor Vehicles for issuing or renewing a driver 1491 license or identification card as required by this section. The 1492 driver license or identification card issued must be in 1493 compliance with s. 322.141(3). 1494 (c) Provide, upon request, any additional information 1495 necessary to confirm the identity of the sexual offender, 1496 including a set of fingerprints. 1497 (4)(a) Each time a sexual offender's driver license or 1498 identification card is subject to renewal, and, without regard 1499 to the status of the offender's driver license or identification 1500 card, within 48 hours after any change in the offender's 1501 permanent, temporary, or transient residence or change in the 1502 offender's name by reason of marriage or other legal process, 1503 the offender shall report in person to a driver license office, 1504 and is subject to the requirements specified in subsection (3). 1505 The Department of Highway Safety and Motor Vehicles shall 1506 forward to the department all photographs and information 1507 provided by sexual offenders. Notwithstanding the restrictions 1508 set forth in s. 322.142, the Department of Highway Safety and 1509 Motor Vehicles may release a reproduction of a color-photograph 1510 or digital-image license to the Department of Law Enforcement 1511 for purposes of public notification of sexual offenders as 1512 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 82 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S provided in this section and ss. 943.043 and 944.606. A sexual 1513 offender who is unable to secure or update a driver license or 1514 an identification card with the Department of Highway Safety and 1515 Motor Vehicles as provided in subsection (3) and this subsection 1516 shall also report any change in the sexual offender's permanent, 1517 temporary, or transient residence or change in the offender's 1518 name by reason of marriage or other legal process within 48 1519 hours after the change to the sheriff's office in the county 1520 where the offender resides or is located and provide 1521 confirmation that he or she reported such information to the 1522 Department of Highway Safety and Motor Vehicles. The reporting 1523 requirements under this paragraph do not negate the requirement 1524 for a sexual offender to obtain a Florida driver license or an 1525 identification card as required in this section. 1526 Section 36. For the purpose of incorporating the 1527 amendments made by this act to sections 943.0435 and 944.607, 1528 Florida Statutes, in references thereto, subsection (4) of 1529 section 320.02, Florida Statutes, is reenacted to read: 1530 320.02 Registration required; application for 1531 registration; forms.— 1532 (4) Except as provided in ss. 775.21, 775.261, 943.0435, 1533 944.607, and 985.4815, the owner of any motor vehicle registered 1534 in the state shall notify the department in writing of any 1535 change of address within 30 days of such change. The 1536 notification shall include the registration license plate 1537 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 83 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S number, the vehicle identification number (VIN) or title 1538 certificate number, year of vehicle make, and the owner's full 1539 name. 1540 Section 37. For the purpose of incorporating the 1541 amendments made by this act to sections 943.0435 and 944.607, 1542 Florida Statutes, in references thereto, subsection (3) of 1543 section 322.141, Florida Statutes, is reenacted to read: 1544 322.141 Color or markings of certain licenses or 1545 identification cards.— 1546 (3) All licenses for the operation of motor vehicles or 1547 identification cards originally issued or reissued by the 1548 department to persons who are designated as sexual predators 1549 under s. 775.21 or subject to registration as sexual offenders 1550 under s. 943.0435 or s. 944.607, or who have a similar 1551 designation or are subject to a similar registration under the 1552 laws of another jurisdiction, shall have on the front of the 1553 license or identification card the following: 1554 (a) For a person designated as a sexual predator under s. 1555 775.21 or who has a similar designation under the laws of 1556 another jurisdiction, the marking "SEXUAL PREDATOR." 1557 (b) For a person subject to registration as a sexual 1558 offender under s. 943.0435 or s. 944.607, or subject to a 1559 similar registration under the laws of another jurisdiction, the 1560 marking "943.0435, F.S." 1561 Section 38. For the purpose of incorporating the 1562 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 84 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S amendments made by this act to sections 943.0435 and 944.607, 1563 Florida Statutes, in references thereto, subsections (1) and (2) 1564 of section 322.19, Florida Statutes, are reenacted to read: 1565 322.19 Change of address or name.— 1566 (1) Except as provided in ss. 775.21, 775.261, 943.0435, 1567 944.607, and 985.4815, whenever any person, after applying for 1568 or receiving a driver license or identification card, changes 1569 his or her legal name, that person must within 30 days 1570 thereafter obtain a replacement license or card that reflects 1571 the change. 1572 (2) If a person, after applying for or receiving a driver 1573 license or identification card, changes the legal residence or 1574 mailing address in the application, license, or card, the person 1575 must, within 30 calendar days after making the change, obtain a 1576 replacement license or card that reflects the change. A written 1577 request to the department must include the old and new addresses 1578 and the driver license or identification card number. Any person 1579 who has a valid, current student identification card issued by 1580 an educational institution in this state is presumed not to have 1581 changed his or her legal residence or mailing address. This 1582 subsection does not affect any person required to register a 1583 permanent or temporary address change pursuant to s. 775.13, s. 1584 775.21, s. 775.25, or s. 943.0435. 1585 Section 39. For the purpose of incorporating the 1586 amendments made by this act to sections 943.0435 and 944.607, 1587 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 85 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Florida Statutes, in references thereto, subsection (4) of 1588 section 775.13, Florida Statutes, is reenacted to read: 1589 775.13 Registration of convicted felons, exemptions; 1590 penalties.— 1591 (4) This section does not apply to an offender: 1592 (a) Who has had his or her civil rights restored; 1593 (b) Who has received a full pardon for the offense for 1594 which convicted; 1595 (c) Who has been lawfully released from incarceration or 1596 other sentence or supervision for a felony conviction for more 1597 than 5 years prior to such time for registration, unless the 1598 offender is a fugitive from justice on a felony charge or has 1599 been convicted of any offense since release from such 1600 incarceration or other sentence or supervision; 1601 (d) Who is a parolee or probationer under the supervision 1602 of the United States Parole Commission if the commission knows 1603 of and consents to the presence of the offender in Florida or is 1604 a probationer under the supervision of any federal probation 1605 officer in the state or who has been lawfully discharged from 1606 such parole or probation; 1607 (e) Who is a sexual predator and has registered as 1608 required under s. 775.21; 1609 (f) Who is a sexual offender and has registered as 1610 required in s. 943.0435 or s. 944.607; or 1611 (g) Who is a career offender who has registered as 1612 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 86 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S required in s. 775.261 or s. 944.609. 1613 Section 40. For the purpose of incorporating the 1614 amendments made by this act to sections 943.0435 and 944.607, 1615 Florida Statutes, in references thereto, paragraph (d) of 1616 subsection (5), paragraph (f) of subsection (6), and paragraph 1617 (d) of subsection (10) of section 775.21, Florida Statutes, are 1618 reenacted to read: 1619 775.21 The Florida Sexual Predators Act.— 1620 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated 1621 as a sexual predator as follows: 1622 (d) A person who establishes or maintains a residence in 1623 this state and who has not been designated as a sexual predator 1624 by a court of this state but who has been designated as a sexual 1625 predator, as a sexually violent predator, or by another sexual 1626 offender designation in another state or jurisdiction and was, 1627 as a result of such designation, subjected to registration or 1628 community or public notification, or both, or would be if the 1629 person was a resident of that state or jurisdiction, without 1630 regard to whether the person otherwise meets the criteria for 1631 registration as a sexual offender, shall register in the manner 1632 provided in s. 943.0435 or s. 944.607 and shall be subject to 1633 community and public notification as provided in s. 943.0435 or 1634 s. 944.607. A person who meets the criteria of this section is 1635 subject to the requirements and penalty provisions of s. 1636 943.0435 or s. 944.607 until the person provides the department 1637 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 87 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S with an order issued by the court that designated the person as 1638 a sexual predator, as a sexually violent predator, or by another 1639 sexual offender designation in the state or jurisdiction in 1640 which the order was issued which states that such designation 1641 has been removed or demonstrates to the department that such 1642 designation, if not imposed by a court, has been removed by 1643 operation of law or court order in the state or jurisdiction in 1644 which the designation was made, and provided such person no 1645 longer meets the criteria for registration as a sexual offender 1646 under the laws of this state. 1647 (6) REGISTRATION.— 1648 (f) Within 48 hours after the registration required under 1649 paragraph (a) or paragraph (e), a sexual predator who is not 1650 incarcerated and who resides in the community, including a 1651 sexual predator under the supervision of the Department of 1652 Corrections, shall register in person at a driver license office 1653 of the Department of Highway Safety and Motor Vehicles and shall 1654 present proof of registration unless a driver license or an 1655 identification card that complies with the requirements of s. 1656 322.141(3) was previously secured or updated under s. 944.607. 1657 At the driver license office the sexual predator shall: 1658 1. If otherwise qualified, secure a Florida driver 1659 license, renew a Florida driver license, or secure an 1660 identification card. The sexual predator shall identify himself 1661 or herself as a sexual predator who is required to comply with 1662 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 88 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S this section, provide his or her place of permanent, temporary, 1663 or transient residence, including a rural route address and a 1664 post office box, and submit to the taking of a photograph for 1665 use in issuing a driver license, a renewed license, or an 1666 identification card, and for use by the department in 1667 maintaining current records of sexual predators. A post office 1668 box may not be provided in lieu of a physical residential 1669 address. If the sexual predator's place of residence is a motor 1670 vehicle, trailer, mobile home, or manufactured home, as defined 1671 in chapter 320, the sexual predator shall also provide to the 1672 Department of Highway Safety and Motor Vehicles the vehicle 1673 identification number; the license tag number; the registration 1674 number; and a description, including color scheme, of the motor 1675 vehicle, trailer, mobile home, or manufactured home. If a sexual 1676 predator's place of residence is a vessel, live-aboard vessel, 1677 or houseboat, as defined in chapter 327, the sexual predator 1678 shall also provide to the Department of Highway Safety and Motor 1679 Vehicles the hull identification number; the manufacturer's 1680 serial number; the name of the vessel, live-aboard vessel, or 1681 houseboat; the registration number; and a description, including 1682 color scheme, of the vessel, live-aboard vessel, or houseboat. 1683 2. Pay the costs assessed by the Department of Highway 1684 Safety and Motor Vehicles for issuing or renewing a driver 1685 license or an identification card as required by this section. 1686 The driver license or identification card issued to the sexual 1687 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 89 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S predator must comply with s. 322.141(3). 1688 3. Provide, upon request, any additional information 1689 necessary to confirm the identity of the sexual predator, 1690 including a set of fingerprints. 1691 (10) PENALTIES.— 1692 (d) Any person who misuses public records information 1693 relating to a sexual predator, as defined in this section, or a 1694 sexual offender, as defined in s. 943.0435 or s. 944.607, to 1695 secure a payment from such a predator or offender; who knowingly 1696 distributes or publishes false information relating to such a 1697 predator or offender which the person misrepresents as being 1698 public records information; or who materially alters public 1699 records information with the intent to misrepresent the 1700 information, including documents, summaries of public records 1701 information provided by law enforcement agencies, or public 1702 records information displayed by law enforcement agencies on 1703 websites or provided through other means of communication, 1704 commits a misdemeanor of the first degree, punishable as 1705 provided in s. 775.082 or s. 775.083. 1706 Section 41. For the purpose of incorporating the 1707 amendments made by this act to sections 943.0435 and 944.607, 1708 Florida Statutes, in references thereto, paragraph (b) of 1709 subsection (3) of section 775.261, Florida Statutes, is 1710 reenacted to read: 1711 775.261 The Florida Career Offender Registration Act.— 1712 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 90 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.— 1713 (b) This section does not apply to any person who has been 1714 designated as a sexual predator and required to register under 1715 s. 775.21 or who is required to register as a sexual offender 1716 under s. 943.0435 or s. 944.607. However, if a person is no 1717 longer required to register as a sexual predator under s. 775.21 1718 or as a sexual offender under s. 943.0435 or s. 944.607, the 1719 person must register as a career offender under this section if 1720 the person is otherwise designated as a career offender as 1721 provided in this section. 1722 Section 42. For the purpose of incorporating the 1723 amendments made by this act to sections 943.0435 and 944.607, 1724 Florida Statutes, in references thereto, subsection (4) of 1725 section 948.06, Florida Statutes, is reenacted to read: 1726 948.06 Violation of probation or community control; 1727 revocation; modification; continuance; failure to pay 1728 restitution or cost of supervision.— 1729 (4) Notwithstanding any other provision of this section, a 1730 felony probationer or an offender in community control who is 1731 arrested for violating his or her probation or community control 1732 in a material respect may be taken before the court in the 1733 county or circuit in which the probationer or offender was 1734 arrested. That court shall advise him or her of the charge of a 1735 violation and, if such charge is admitted, shall cause him or 1736 her to be brought before the court that granted the probation or 1737 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 91 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S community control. If the violation is not admitted by the 1738 probationer or offender, the court may commit him or her or 1739 release him or her with or without bail to await further 1740 hearing. However, if the probationer or offender is under 1741 supervision for any criminal offense proscribed in chapter 794, 1742 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a 1743 registered sexual predator or a registered sexual offender, or 1744 is under supervision for a criminal offense for which he or she 1745 would meet the registration criteria in s. 775.21, s. 943.0435, 1746 or s. 944.607 but for the effective date of those sections, the 1747 court must make a finding that the probationer or offender is 1748 not a danger to the public prior to release with or without 1749 bail. In determining the danger posed by the offender's or 1750 probationer's release, the court may consider the nature and 1751 circumstances of the violation and any new offenses charged; the 1752 offender's or probationer's past and present conduct, including 1753 convictions of crimes; any record of arrests without conviction 1754 for crimes involving violence or sexual crimes; any other 1755 evidence of allegations of unlawful sexual conduct or the use of 1756 violence by the offender or probationer; the offender's or 1757 probationer's family ties, length of residence in the community, 1758 employment history, and mental condition; his or her history and 1759 conduct during the probation or community control supervision 1760 from which the violation arises and any other previous 1761 supervisions, including disciplinary records of previous 1762 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 92 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S incarcerations; the likelihood that the offender or probationer 1763 will engage again in a criminal course of conduct; the weight of 1764 the evidence against the offender or probationer; and any other 1765 facts the court considers relevant. The court, as soon as is 1766 practicable, shall give the probationer or offender an 1767 opportunity to be fully heard on his or her behalf in person or 1768 by counsel. After the hearing, the court shall make findings of 1769 fact and forward the findings to the court that granted the 1770 probation or community control and to the probationer or 1771 offender or his or her attorney. The findings of fact by the 1772 hearing court are binding on the court that granted the 1773 probation or community control. Upon the probationer or offender 1774 being brought before it, the court that granted the probation or 1775 community control may revoke, modify, or continue the probation 1776 or community control or may place the probationer into community 1777 control as provided in this section. However, the probationer or 1778 offender shall not be released and shall not be admitted to 1779 bail, but shall be brought before the court that granted the 1780 probation or community control if any violation of felony 1781 probation or community control other than a failure to pay costs 1782 or fines or make restitution payments is alleged to have been 1783 committed by: 1784 (a) A violent felony offender of special concern, as 1785 defined in this section; 1786 (b) A person who is on felony probation or community 1787 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 93 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S control for any offense committed on or after the effective date 1788 of this act and who is arrested for a qualifying offense as 1789 defined in this section; or 1790 (c) A person who is on felony probation or community 1791 control and has previously been found by a court to be a 1792 habitual violent felony offender as defined in s. 775.084(1)(b), 1793 a three-time violent felony offender as defined in s. 1794 775.084(1)(c), or a sexual predator under s. 775.21, and who is 1795 arrested for committing a qualifying offense as defined in this 1796 section on or after the effective date of this act. 1797 Section 43. For the purpose of incorporating the 1798 amendments made by this act to sections 943.0435 and 944.607, 1799 Florida Statutes, in references thereto, section 948.063, 1800 Florida Statutes, is reenacted to read: 1801 948.063 Violations of probation or community control by 1802 designated sexual offenders and sexual predators.— 1803 (1) If probation or community control for any felony 1804 offense is revoked by the court pursuant to s. 948.06(2)(e) and 1805 the offender is designated as a sexual offender pursuant to s. 1806 943.0435 or s. 944.607 or as a sexual predator pursuant to s. 1807 775.21 for unlawful sexual activity involving a victim 15 years 1808 of age or younger and the offender is 18 years of age or older, 1809 and if the court imposes a subsequent term of supervision 1810 following the revocation of probation or community control, the 1811 court must order electronic monitoring as a condition of the 1812 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 94 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S subsequent term of probation or community control. 1813 (2) If the probationer or offender is required to register 1814 as a sexual predator under s. 775.21 or as a sexual offender 1815 under s. 943.0435 or s. 944.607 for unlawful sexual activity 1816 involving a victim 15 years of age or younger and the 1817 probationer or offender is 18 years of age or older and has 1818 violated the conditions of his or her probation or community 1819 control, but the court does not revoke the probation or 1820 community control, the court shall nevertheless modify the 1821 probation or community control to include electronic monitoring 1822 for any probationer or offender not then subject to electronic 1823 monitoring. 1824 Section 44. For the purpose of incorporating the 1825 amendments made by this act to sections 943.0435, 944.606, and 1826 944.607, Florida Statutes, in references thereto, subsection (2) 1827 of section 775.24, Florida Statutes, is reenacted to read: 1828 775.24 Duty of the court to uphold laws governing sexual 1829 predators and sexual offenders.— 1830 (2) If a person meets the criteria in this chapter for 1831 designation as a sexual predator or meets the criteria in s. 1832 943.0435, s. 944.606, s. 944.607, or any other law for 1833 classification as a sexual offender, the court may not enter an 1834 order, for the purpose of approving a plea agreement or for any 1835 other reason, which: 1836 (a) Exempts a person who meets the criteria for 1837 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 95 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S designation as a sexual predator or classification as a sexual 1838 offender from such designation or classification, or exempts 1839 such person from the requirements for registration or community 1840 and public notification imposed upon sexual predators and sexual 1841 offenders; 1842 (b) Restricts the compiling, reporting, or release of 1843 public records information that relates to sexual predators or 1844 sexual offenders; or 1845 (c) Prevents any person or entity from performing its 1846 duties or operating within its statutorily conferred authority 1847 as such duty or authority relates to sexual predators or sexual 1848 offenders. 1849 Section 45. For the purpose of incorporating the 1850 amendments made by this act to sections 943.0435, 944.606, and 1851 944.607, Florida Statutes, in references thereto, section 1852 775.25, Florida Statutes, is reenacted to read: 1853 775.25 Prosecutions for acts or omissions.—A sexual 1854 predator or sexual offender who commits any act or omission in 1855 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 1856 944.607, or former s. 947.177 may be prosecuted for the act or 1857 omission in the county in which the act or omission was 1858 committed, in the county of the last registered address of the 1859 sexual predator or sexual offender, in the county in which the 1860 conviction occurred for the offense or offenses that meet the 1861 criteria for designating a person as a sexual predator or sexual 1862 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 96 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S offender, in the county where the sexual predator or sexual 1863 offender was released from incarceration, or in the county of 1864 the intended address of the sexual predator or sexual offender 1865 as reported by the predator or offender prior to his or her 1866 release from incarceration. In addition, a sexual predator may 1867 be prosecuted for any such act or omission in the county in 1868 which he or she was designated a sexual predator. 1869 Section 46. For the purpose of incorporating the 1870 amendments made by this act to sections 943.0435, 944.606, and 1871 944.607, Florida Statutes, in references thereto, subsection (2) 1872 of section 943.0436, Florida Statutes, is reenacted to read: 1873 943.0436 Duty of the court to uphold laws governing sexual 1874 predators and sexual offenders.— 1875 (2) If a person meets the criteria in chapter 775 for 1876 designation as a sexual predator or meets the criteria in s. 1877 943.0435, s. 944.606, s. 944.607, or any other law for 1878 classification as a sexual offender, the court may not enter an 1879 order, for the purpose of approving a plea agreement or for any 1880 other reason, which: 1881 (a) Exempts a person who meets the criteria for 1882 designation as a sexual predator or classification as a sexual 1883 offender from such designation or classification, or exempts 1884 such person from the requirements for registration or community 1885 and public notification imposed upon sexual predators and sexual 1886 offenders; 1887 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 97 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (b) Restricts the compiling, reporting, or release of 1888 public records information that relates to sexual predators or 1889 sexual offenders; or 1890 (c) Prevents any person or entity from performing its 1891 duties or operating within its statutorily conferred authority 1892 as such duty or authority relates to sexual predators or sexual 1893 offenders. 1894 Section 47. For the purpose of incorporating the 1895 amendments made by this act to sections 943.0435, 944.606, and 1896 944.607, Florida Statutes, in references thereto, section 1897 948.31, Florida Statutes, is reenacted to read: 1898 948.31 Evaluation and treatment of sexual predators and 1899 offenders on probation or community control.—The court may 1900 require any probationer or community controllee who is required 1901 to register as a sexual predator under s. 775.21 or sexual 1902 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 1903 an evaluation, at the probationer or community controllee's 1904 expense, by a qualified practitioner to determine whether such 1905 probationer or community controllee needs sexual offender 1906 treatment. If the qualified practitioner determines that sexual 1907 offender treatment is needed and recommends treatment, the 1908 probationer or community controllee must successfully complete 1909 and pay for the treatment. Such treatment must be obtained from 1910 a qualified practitioner as defined in s. 948.001. Treatment may 1911 not be administered by a qualified practitioner who has been 1912 HB 1129 2024 CODING: Words stricken are deletions; words underlined are additions. hb1129-00 Page 98 of 98 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S convicted or adjudicated delinquent of committing, or 1913 attempting, soliciting, or conspiring to commit, any offense 1914 that is listed in s. 943.0435(1)(h)1.a.(I). 1915 Section 48. For the purpose of incorporating the 1916 amendments made by this act to sections 943.0435, 944.606, and 1917 944.607, Florida Statutes, in references thereto, paragraph (b) 1918 of subsection (6) of section 985.04, Florida Statutes, is 1919 reenacted to read: 1920 985.04 Oaths; records; confidential information.— 1921 (6) 1922 (b) Sexual offender and predator registration information 1923 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, 1924 and 985.4815 is a public record pursuant to s. 119.07(1) and as 1925 otherwise provided by law. 1926 Section 49. This act shall take effect October 1, 2024. 1927