Florida 2019 Regular Session Status: In Committee

SB 642 — Public Safety

Last action — Laid on Table, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), CS/CS/SB 1418 (Ch. 2019-134)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

8611 added · 625 removed

8611 line(s) added, 625 removed.

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Florida Senate - 2019 CS for SB 642 By the Committee on Criminal Justice;
Florida Senate - 2019 CS for CS for SB 642 By the Committees on Appropriations;
and Senators Brandes, Gruters, Rouson, Perry, and Broxson 591-02648A-19 2019642c1 A bill to be entitled An act relating to criminal justice;
and Criminal Justice;
providing a short title;
and Senators Brandes, Gruters, Rouson, Perry, Broxson, and Taddeo 576-04632-19 2019642c2 A bill to be entitled An act relating to public safety;
creating s.
25.025, F.S.;
authorizing certain Supreme Court justices to have an appropriate facility in their district of residence designated as their official headquarters;
providing that an official headquarters may serve only as a justice’s private chambers;
providing that such justices are eligible for a certain subsistence allowance and reimbursement for certain transportation expenses;
requiring that such allowance and reimbursement be made to the extent appropriated funds are available, as determined by the Chief Justice;
requiring the Chief Justice to coordinate with certain persons in designating official headquarters;
providing that a county is not required to provide space for a justice in a county courthouse;
authorizing counties to enter into agreements with the Supreme Court for the use of county courthouse space;
prohibiting the Supreme Court from using state funds to lease space in specified facilities to allow a justice to establish an official headquarters;
26.031, F.S.;
increasing the number of circuit judges in certain judicial circuits;
creating s.
43.51, F.S.;
requiring the Office of the State Courts Administrator to provide an annual report containing certain information to the Legislature;
defining the term “problem-solving court”;
amending s.
57.105, F.S.;
prohibiting the awarding of attorney fees for certain proceedings for injunctions for protection under specified provisions;
providing an exception;
amending s.
212.15, F.S.;
increasing threshold amounts for certain theft offenses;
amending s.
322.055, F.S.;
reducing the length of driver license revocation for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance;
deleting provisions authorizing a driver to petition the Department of Highway Safety and Motor Vehicles for restoration of his or her driving privilege;
amending s.
322.056, F.S.;
reducing the period for revocation or suspension of, or delay of eligibility for, driver licenses or driving privileges for certain persons found guilty of certain drug offenses;
deleting requirements relating to the revocation or suspension of, or delay of eligibility for, driver licenses or driving privileges for certain persons found guilty of certain alcohol or tobacco offenses;
deleting provisions relating to the suspension or revocation of certain persons’ driver licenses;
repealing s.
322.057, F.S., relating to discretionary revocation or suspension of a driver license for certain persons who provide alcohol to persons under a specified age;
amending s.
322.34, F.S.;
revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified;
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creating s.
322.75, F.S.;
requiring each clerk of court to establish a Driver License Reinstatement Days program for reinstating suspended driver licenses in certain circumstances;
providing duties of the clerks of the circuit courts and the department;
authorizing such clerks to compromise on or waive certain fees and costs;
providing eligibility requirements;
requiring the clerks of court to collect specified data and report such data to the Florida Clerks of Court Operations Corporation;
requiring the Florida Clerks of Court Operations Corporation to report specified information in the annual report required by s.
28.35, F.S.;
amending s.
381.0041, F.S.;
providing an exception to allow the donation of human tissue by a person who has human immunodeficiency virus infection under certain circumstances;
reclassifying a criminal offense relating to such donations;
amending s.
384.23, F.S.;
providing definitions;
amending s.
384.24, F.S.;
expanding the scope of unlawful acts by a person infected with a sexually transmissible disease;
expanding the list of sexually transmissible diseases to include human immunodeficiency virus infection;
providing that certain actions are not sufficient evidence to establish intent on the part of the person who transmits the disease;
providing a definition;
amending s.
384.34, F.S.;
reclassifying specified criminal offenses;
removing a fine for specified rule violations;
amending s.
394.47891, F.S.;
requiring, rather than authorizing, the chief judge of each judicial circuit to establish a Military Veterans and Servicemembers Court Program;
revising the list of individuals who, if charged or convicted of certain criminal offenses, may participate in a Military Veterans and Servicemembers Court Program under certain circumstances;
amending s.
394.917, F.S.;
requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators;
amending s.
397.334, F.S.;
conforming provisions to changes made by the act;
amending s.
455.213, F.S.;
conforming a cross-reference;
requiring the Department of Business and Professional Regulation or applicable board to use a specified process for the review of an applicant’s criminal history record to determine the applicant’s eligibility for certain licenses;
prohibiting the conviction of a crime before a specified date from being grounds for denial of certain licenses;
defining the term “conviction”;
authorizing a person to apply for a license before his or her lawful release from confinement or supervision;
prohibiting additional fees for an applicant confined or under supervision;
prohibiting the department or applicable board from basing a denial of a license application solely on the applicant’s current confinement or supervision;
authorizing the department or applicable board to stay the issuance of an approved license under certain circumstances;
requiring the department or applicable board to verify an applicant’s release with the Department of Corrections or other applicable authority;
providing requirements for the appearance of certain applicants at certain meetings;
requiring the department or applicable board to provide an annually updated list on its website specifying how certain crimes affect an applicant’s eligibility for licensure;
providing that certain information be identified for each crime on the list;
requiring that such list be available to the public upon request;
amending s.
474.2165, F.S.;
authorizing a veterinarian to report certain suspected criminal violations without notice to or authorization from a client;
providing an exception;
amending s.
489.126, F.S.;
providing that a contractor has a just cause defense for criminal offenses and disciplinary violations;
providing an inference;
deleting an intent requirement for contractor offenses;
revising elements of offenses;
revising criminal penalties for contractor offenses;
amending s.
489.553, F.S.;
prohibiting the conviction of a crime from being grounds for the denial of registration after a specified time has passed under certain circumstances;
defining the term “conviction”;
authorizing a person to apply for registration before his or her lawful release from confinement or supervision;
prohibiting the Department of Business and Professional Regulation from charging an applicant who is confined or under supervision additional fees;
prohibiting the applicable board from basing the denial of registration solely on the applicant’s current confinement or supervision;
authorizing the board to stay the issuance of an approved registration under certain circumstances;
requiring the board to verify an applicant’s release with the Department of Corrections or other applicable authority;
providing requirements for the appearance of certain applicants at certain meetings;
requiring the applicable board to provide a quarterly updated list on its website specifying how certain crimes may affect an applicant’s eligibility for registration;
providing that certain information be identified for each crime on the list;
requiring that such list be available to the public upon request;
amending s.
500.451, F.S.;
abolishing mandatory minimum sentence for the sale of horse meat for human consumption;
amending s.
509.151, F.S.;
increasing threshold amounts for certain theft offenses;
amending s.
562.11, F.S.;
deleting provisions relating to withholding, suspending, or revoking the driving privilege of a person who provides alcoholic beverages to a person under 21 years of age;
amending s.
562.111, F.S.;
deleting provisions relating to withholding, suspending, or revoking the driving privilege of a person under 21 years of age who possesses alcoholic beverages;
amending s.
562.27, F.S.;
reducing the offense severity of certain crimes related to the possession of a still or related apparatus;
amending s.
562.451, F.S.;
reducing the offense severity for possession of one or more gallons of certain liquors;
amending s.
569.11, F.S.;
conforming provisions to changes made by the act;
revising penalties;
amending s.
713.69, F.S.;
increasing threshold amounts for certain theft offenses;
amending s.
775.082, F.S.;
revising legislative intent that certain offenders released from incarceration from county detention facilities qualify as prison releasee reoffenders;
amending s.
775.087, F.S.;
providing legislative intent regarding retroactive application;
prohibiting mandatory minimum sentencing for aggravated assault or attempted aggravated assault committed before July 1, 2016;
amending s.
775.0877, F.S.;
conforming provisions to changes made by the act;
amending s.
784.048, F.S.;
revising the definition of the term “cyberstalk”;
providing criminal penalties;
amending s.
790.052, F.S.;
specifying that certain law enforcement and correctional officers meet the definition of “qualified law enforcement officer” for the purposes of qualifying for certain rights during off-duty hours;
specifying that certain persons meet the definition of “qualified retired law enforcement officer” for the purposes of qualifying for certain rights during off-duty hours;
amending s.
790.22, F.S.;
authorizing, rather than requiring, a court to withhold issuance of or suspend a person’s driver license or driving privilege for a minor who possesses or uses a firearm in certain circumstances;
amending s.
800.09, F.S.;
revising the definitions of the terms “employee” and “facility”;
prohibiting certain lewd or lascivious acts in the presence of county correctional personnel;
providing criminal penalties;
amending s.
806.13, F.S.;
authorizing, rather than requiring, a court to withhold issuance of or suspend a person’s driver license or driving privilege for committing criminal mischief by a minor;
amending s.
812.014, F.S.;
increasing the threshold amount for certain theft offenses;
requiring the Office of Program Policy Analysis and Government Accountability (OPPAGA) to perform a study about certain threshold amounts on a specified schedule;
providing study requirements;
requiring OPPAGA to consult with the Office of Economic and Demographic Research and other interested entities;
requiring OPPAGA to submit a report to the Governor and the Legislature by a certain date and on a specified basis;
amending s.
812.015, F.S.;
revising the circumstances under which an offense of retail theft constitutes a felony of the second or third degree;
authorizing the aggregation of retail thefts that occur in more than one judicial circuit within a 30-day period into one total value and requiring prosecution of such thefts by the Office of the Statewide Prosecutor in accordance with s.
16.56, F.S.;
requiring OPPAGA to perform a study about certain threshold amounts on a specified schedule;
providing study requirements;
requiring OPPAGA to consult with the Office of Economic and Demographic Research and other interested entities;
requiring OPPAGA to submit a report to the Governor and the Legislature by a certain date and on a specified basis;
amending s.
812.0155, F.S.;
removing a court’s authority to suspend a driver license for a misdemeanor theft adjudication of guilt for a person 18 years of age or older;
allowing a court to suspend a driver license for a person 18 years of age or younger as an alternative to other possible sentences;
amending s.
815.03, F.S.;
revising the definition of the term “access” for purposes of provisions relating to computer crimes;
amending s.
815.06, F.S.;
revising conduct constituting an offense against users of computers, computer systems, computer networks, or electronic devices;
providing criminal penalties;
amending s.
817.413, F.S.;
increasing threshold amounts for certain theft offenses;
amending s.
831.28, F.S.;
criminalizing possession of a counterfeit instrument with intent to defraud;
amending s.
847.011, F.S.;
prohibiting a person from knowingly selling, lending, giving away, distributing, transmitting, showing, or transmuting a child-like sex doll;
prohibiting a person from offering to commit such actions, having in his or her possession, custody, or control with the intent to commit such actions or advertising in any manner an obscene, child-like sex doll;
providing criminal penalties;
prohibiting a person from knowingly having in his or her possession, custody, or control an obscene, child like sex doll;
providing criminal penalties;
amending s.
849.01, F.S.;
reducing the offense severity of certain crimes relating to keeping a gambling house or possessing certain gambling apparatuses;
amending s.
877.112, F.S.;
removing driver license revocation or suspension as a penalty for certain offenses involving nicotine products;
amending s.
defining the term “dosage unit”;
providing applicability;
prohibiting the sale, purchase, delivery, bringing into this state, or actual or constructive possession of specified amounts of dosage units of certain controlled substances;
creating the offense of “trafficking in pharmaceuticals”;
providing criminal penalties;
providing legislative intent regarding retroactive application;
providing for sentencing or resentencing of specified drug trafficking offenses committed before July 1, 2014;
900.05, F.S.;
revising and providing definitions;
revising and providing data required to be collected and reported to the Department of Law Enforcement by specified entities;
requiring the department to publish data received from reporting agencies by a specified date;
imposing penalties on reporting agencies for noncompliance with data reporting requirements;
declaring information that is confidential and exempt upon collection by a reporting agency remains confidential and exempt when reported to the department;
creating s.
900.06, F.S.;
defining terms and specifying covered offenses;
requiring that a custodial interrogation at a place of detention be electronically recorded in its entirety in connection with certain offenses;
requiring law enforcement officers who do not comply with the electronic recording requirement or who conduct custodial interrogations at a place other than a place of detention to prepare a specified report;
providing exceptions to the electronic recording requirement;
requiring a court to consider a law enforcement officer’s failure to comply with the electronic recording requirement in determining the admissibility of a statement, unless an exception applies;
requiring a court, upon the request of a defendant, to give cautionary instructions to a jury under certain circumstances;
providing immunity from civil liability to law enforcement agencies that enforce certain rules;
providing that no cause of action is created against a law enforcement officer;
amending s.
921.002, F.S.;
revising a principle of the Criminal Punishment Code relating to a prisoner’s required minimum term of imprisonment;
providing retroactivity;
creating s.
943.0578, F.S.;
establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self defense;
requiring the department to issue a certificate of eligibility for expunction if specified criteria are fulfilled;
specifying requirements for a petition to expunge;
creating a penalty for providing false information on such petition;
requiring the department to adopt rules relating to a certificate of expunction for lawful self-defense;
amending s.
943.0581, F.S.;
clarifying that administrative expunction applies to criminal history records resulting from an arrest made contrary to law or by mistake;
creating s.
943.0584, F.S.;
providing a definition;
specifying criminal history records that are ineligible for court-ordered expunction or court ordered sealing;
amending s.
943.0585, F.S.;
providing eligibility criteria for court-ordered expunction of a criminal history record;
requiring the department to issue a certificate of eligibility to petitioners meeting eligibility criteria;
specifying requirements for a petition for court-ordered expunction;
specifying a court’s authority to expunge criminal history records;
specifying the process for a petition to expunge a criminal history record;
specifying the process following the issuance of an order to expunge a criminal history record;
specifying the effect of an order to expunge a criminal history record;
amending s.
943.059, F.S.;
providing eligibility criteria for court-ordered sealing of a criminal history record;
requiring the department to issue a certificate of eligibility to petitioners meeting eligibility criteria;
specifying requirements for a petition for court-ordered sealing;
specifying a court’s authority to seal criminal history records;
specifying the process for a petition to seal a criminal history record;
specifying the effect of an order to seal a criminal history record;
creating s.
943.0595, F.S.;
requiring the department to adopt rules to implement administrative sealing of specified criminal history records;
providing eligibility criteria for administrative sealing of criminal history records;
specifying ineligible criminal history records;
providing that there is no limitation on the number of times a person with an eligible criminal history record may obtain an automatic administrative sealing;
requiring the clerk of court to transmit a certified copy of an eligible criminal history record to the department upon the resolution of a criminal case;
specifying that the effect of automatic sealing is the same as court-ordered sealing;
amending s.
943.325, F.S.;
revising legislative findings relating to the use of the DNA database;
amending s.
943.6871, F.S.;
declaring information received by the department from a reporting agency that is confidential and exempt upon collection remains confidential and exempt;
requiring the department to commission a racial impact statement on certain proposed criminal justice legislation;
amending s.
requiring an education program manager to recommend, and authorizing the Department of Corrections to grant, an award of a specified amount of incentive gain-time to an inmate who has completed the Prison Entrepreneurship Program;
revising the incentive gain-time that the Department of Corrections may grant a prisoner for offenses committed on or after a specified date;
revising circumstances under which certain inmates are not eligible for certain types of gain-time in amounts that would cause a sentence to end or require a release prior to serving a minimum percentage of a sentence;
944.611, F.S.;
944.47, F.S.;
providing legislative intent with respect to the location of an inmate’s confinement;
providing enhanced penalties for offenses involving introduction of contraband in correctional facilities when committed by correctional facility employees;
944.704, F.S.;
authorizing the department to increase the number of employees serving as transition specialists and employment specialists;
requiring transition assistance staff to provide job assignment credentialing and industry certification information to inmates before their release;
amending s.
requiring that the department provide an inmate with a comprehensive community reentry resource directory organized by county before an inmate’s release;
requiring the department to establish a telephone hotline for released offenders;
requiring that the department provide an inmate with a comprehensive community reentry resource directory organized by county before the inmate’s release;
requiring the department to use certain programming data to notify inmates about reentry resources before release;
authorizing the department to contract with a public or private educational institution’s Veterans Advocacy Clinic or Veterans Legal Clinic for certain purposes;
authorizing the department to contract with a public or private educational institution’s veteran advocacy clinic or veteran legal clinic for certain purposes;
requiring the department to include notification of all outstanding terms of sentence in an inmate’s release documents;
authorizing the department to contract with public or private organizations to establish transitional employment programs that provide employment opportunities to recently released inmates;
providing an exception to the notification requirement for inmates who are released to any type of supervision monitored by the Department of Corrections;
creating s.
948.041, F.S.;
requiring the department to provide notification in writing to an offender, upon the termination of his or her term of probation or community control, of all outstanding terms of sentence;
948.04, F.S.;
requiring a court to early terminate a term of probation or convert the term to administrative probation under certain circumstances;
authorizing a court to continue reporting probation upon making written findings;
amending s.
948.05, F.S.;
requiring the department to implement a graduated incentives program for probationers and offenders on community control;
authorizing the department to issue certain incentives without leave of court;
amending s.
requiring a court to modify or continue a probationary term under certain circumstances;
requiring a probation officer to submit to the court for approval any recommended sanctions against a probationer or offender determined to be eligible for the program to the court for approval;
requiring a probation officer to submit to the court for approval any recommended sanctions against a probationer or offender determined to be eligible for the program;
defining the terms “low-risk violation” and “moderate-risk violation”;
defining the terms “low-risk violation” and “moderate risk violation”;
providing that a probation officer, under certain circumstances, submit a recommended sanction to the court;
requiring that a probation officer, under certain circumstances, submit a recommended sanction to the court;
amending s.
948.08, F.S.;
expanding eligibility criteria for pretrial substance abuse education programs to include a person with two or fewer convictions for nonviolent felonies;
revising the list of individuals who, if charged with certain felonies, are eligible for voluntary admission into a pretrial veterans’ treatment intervention program under certain circumstances;
951.30, F.S.;
948.081, F.S.;
requiring each county detention facility to notify a prisoner in writing, upon such prisoner’s release, of all outstanding terms of sentence;
authorizing community court programs;
providing an exception to the notification requirement for prisoners who are released into the custody or control of the Department of Corrections;
providing program requirements;
893.03, F.S.;
948.16, F.S.;
conforming a cross-reference;
revising the list of individuals who, if charged with certain misdemeanors, are eligible for voluntary admission into a misdemeanor pretrial veterans’ treatment intervention program under certain circumstances;
providing an effective date.
amending s.
111 Be It Enacted by the Legislature of the State of Florida:
948.21, F.S.;
113 Section 1. This act may be cited as the Florida First Step Act.
revising the list of individuals who, if probationers or community controlees, may be required to participate in a certain treatment program under certain circumstances;
Section 2. Present subsections (6) and (7) of section 893.135, Florida Statutes, are redesignated as subsections (7) and (8), respectively, and a new subsection (6) is added to that section, to read:
providing program criteria;
amending s.
951.22, F.S.;
prohibiting introduction into or possession of certain cellular telephones or other portable communication devices on the grounds of any county detention facility;
providing criminal penalties;
amending s.
958.04, F.S.;
revising the criteria authorizing a court to sentence as a youthful offender a person who is found guilty of, or who pled nolo contendere or guilty to, committing a felony before the person turned 21 years of age;
amending s.
960.003, F.S.;
conforming cross-references;
amending s.
960.07, F.S.;
increasing the timeframe for filing a crime victim compensation claim;
providing an extension for good cause for a specified period;
increasing the timeframe for a victim or intervenor who was less than 18 years of age at the time of the crime to file a claim;
providing an extension for good cause for a specified period;
increasing the timeframe for filing a claim for victim compensation for a victim of a sexually violent offense;
amending s.
960.13, F.S.;
increasing the timeframe for prompt reporting of a crime to be eligible for a victim compensation award;
amending s.
960.195, F.S.;
increasing the timeframe for reporting a criminal or delinquent act resulting in property loss of an elderly person or disabled adult;
amending s.
960.196, F.S.;
increasing the timeframe to report certain human trafficking offenses to be eligible for a victim relocation assistance award;
providing an extension for good cause;
amending s.
985.12, F.S.;
providing that locally authorized entities may continue to operate an independent civil citation or similar prearrest diversion program that is in operation as of October 1, 2018;
requiring each civil citation or similar diversion program to enter appropriate youth data into the Juvenile Justice Information System Prevention Web within a specified period after the admission of the youth into the program;
amending s.
985.126, F.S.;
removing the requirement for law enforcement officers to submit a copy of specified documentation to the Department of Juvenile Justice;
requiring certain information be entered into the Juvenile Justice Information System Prevention Web within a specified timeframe;
amending s.
985.145, F.S.;
deleting the requirement that the department must enter certain information into the Juvenile Justice Information System Prevention Web in specified instances;
amending s.
985.265, F.S.;
revising provisions concerning the housing of children held in detention;
prohibiting a child who has been transferred to adult court for criminal prosecution pursuant to direct file from being held in a jail or other facility used for the detention of adults prior to a hearing to determine if the child should remain in adult court;
amending s.
985.557, F.S.;
deleting references to the state attorney’s discretion to direct file a juvenile;
revising discretionary direct file criteria;
deleting provisions for mandatory direct file;
providing for an opportunity for a hearing to reverse a direct file;
deleting provisions requiring the mandatory direct filing of charges in adult court against juveniles in certain circumstances;
amending ss.
776.09, 893.03, 943.053, and 943.0582, F.S.;
conforming cross-references;
amending s.
985.565, F.S.;
conforming provisions to changes made by the act;
amending s.
921.0022, F.S.;
listing on levels 3 and 4 certain felonies on the offense severity ranking chart of the Criminal Punishment Code;
conforming provisions to changes made by the act;
reenacting s.
322.05(11), F.S., relating to prohibiting the issuance of a driver license to certain persons, to incorporate the amendment made to s.
322.056, F.S., in a reference thereto;
reenacting s.
316.027(2)(c) and 907.041(4)(c), F.S., relating to a crash involving death or personal injuries and pretrial detention and release, respectively, to incorporate the amendment made to s.
322.34, F.S., in references thereto;
reenacting s.
910.035(5), F.S., relating to transfer for participation in a problem solving court, to incorporate the amendment made to s.
394.47891, F.S., in a reference thereto;
reenacting s.
509.161, F.S., relating to rules of evidence in certain prosecutions, to incorporate the amendment made to s.
509.151, F.S., in a reference thereto;
reenacting ss.
790.065(2)(c), 794.056(1), 847.0141(4), 901.41(5), 938.08, 938.085, 943.325(2)(g), 948.06(8)(c), 948.062(1), 960.001(1)(b), 985.265(3)(b), and 1006.147(3)(e), F.S., relating to the sale and delivery of firearms, the Rape Crisis Program Trust Fund, sexting, prearrest diversion programs, additional costs to fund programs in domestic violence and rape crisis centers, the DNA database, the definition of the term “qualifying offense” as it relates to the violation of probation or community control and failure to pay restitution or cost of supervision, reviewing and reporting serious offenses committed by offenders placed on probation or community control, guidelines for fair treatment of victims and witnesses in the criminal justice and juvenile justice systems, detention transfer and release, education, and adult jails, and the prohibition of bullying and harassment, respectively, to incorporate the amendment made to s.
784.048, F.S., in references thereto;
reenacting s.
316.0775(1), F.S., relating to interference with official traffic control devices or railroad signs or signals, to incorporate the amendment made to s.
806.13, F.S., in a reference thereto;
reenacting ss.
95.18(10), 373.6055(3)(c), 400.9935(3), 550.6305(10), 627.743(2), 634.421(2), 642.038(2), 705.102(4), 812.14(7), and 893.138(3), F.S., relating to real property actions and adverse possession without color of title, criminal history checks for certain water management district employees and others, clinic responsibilities, intertrack wagering, guest track payments, and accounting rules, the payment of third party claims, reporting and accounting for funds, reporting lost or abandoned property, trespass and larceny with relation to utility fixtures and the theft of utility services, and local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity, respectively, to incorporate the amendment made to s.
812.014, F.S., in references thereto;
reenacting ss.
538.09(5) and 538.23(2), F.S., relating to the registration of and violations and penalties for secondhand dealers, respectively, to incorporate the amendment made to s.
812.015, F.S., in references thereto;
reenacting s.
1006.147(3)(e), F.S., relating to the prohibition of bullying and harassment, to incorporate the amendment made to s.
815.03, F.S., in a reference thereto;
reenacting ss.
316.80(2), 775.30(1) and (2), 775.33(2), 782.04(5), and 934.07(3), F.S., relating to the unlawful conveyance of fuel and obtaining fuel fraudulently, terrorism, providing material support or resources for terrorism or to terrorist organizations, the definition of the term “terrorism” as it relates to murder, and the authorization for interception of wire, oral, or electronic communications, respectively, to incorporate the amendment made to s.
815.06, F.S., in references thereto;
reenacting ss.
772.102(1)(a), 847.02, 847.03, 847.09(2), 895.02(8)(a), 933.02(2), 933.03, and 943.325(2)(g), F.S., relating to the definition of the term “criminal activity,” the confiscation of obscene material, the seizure of obscene material by an officer, legislative intent regarding obscene materials, the definition of the term “racketeering activity,” grounds for the issuance of a search warrant, the destruction of obscene prints and literature, and the DNA database, respectively, to incorporate the amendment made to s.
847.011, F.S., in a reference thereto;
reenacting s.
849.02, F.S., relating to agents or employees of keepers of gambling houses, to incorporate the amendment made to s.
849.01, F.S., in a reference thereto;
reenacting ss.
373.6055(3)(c), 397.4073(6), 414.095(1), 772.12(2), 775.087(2)(a) and (3)(a), 782.04(1)(a), (3), and (4), 810.02(3), 893.13(8)(d), 893.1351(1) and (2), 900.05(3)(e), 903.133, 907.041(4)(c), 921.141(9), and 921.142(2), F.S., relating to criminal history checks for certain water management district employees and others, background checks of service provider personnel, determining eligibility for temporary cash assistance, the Drug Dealer Liability Act, possession or use of a weapon, aggravated battery, felony reclassifications, and minimum sentencing, murder, burglary, prohibited acts and penalties relating to controlled substances, the ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance, criminal justice data collection, the prohibition of bail on appeal for certain felony convictions, pretrial detention and release, the sentence of death or life imprisonment for capital felonies and further proceedings to determine sentences, and the sentence of death or life imprisonment for capital drug trafficking felonies and further proceedings to determine sentences, respectively, to incorporate the amendment made to s.
893.135, F.S., in references thereto;
reenacting s.
944.026(3)(a), F.S., relating to community-based facilities and programs, to incorporate the amendment made to s.
944.704, F.S., in a reference thereto;
reenacting s.
944.4731(6), F.S., relating to the Addiction-Recovery Supervision Program, to incorporate the amendment made to s.
944.705, F.S., in a reference thereto;
reenacting s.
447.203(2), F.S., relating to the definition of the terms “public employer” or “employer,” to incorporate the amendment made to s.
944.801, F.S., in a reference thereto;
reenacting s.
921.187(1)(n), F.S., relating to disposition and sentencing alternatives, to incorporate the amendment made to s.
948.013, F.S., in a reference thereto;
reenacting ss.
948.012(2)(b), 948.10(3), 948.20(3), and 958.14, F.S., relating to split sentencing of probation or community control and imprisonment, procedures governing violations of community control, revocation of drug offender probation, and violations of probation or community control programs, respectively, to incorporate the amendment made to s.
948.06, F.S., in references thereto;
reenacting ss.
796.07(4)(b), 944.026(3)(b), and 948.036(1), F.S., relating to charges of prostitution and related acts, certain pretrial intervention programs, and work programs, respectively, to incorporate the amendment made to s.
948.08, F.S., in references thereto;
reenacting ss.
394.47892(2), 397.334(5), and 910.035(5)(a), F.S., relating to mental health court programs, treatment-based drug court programs, and transfer for participation in a problem-solving court, respectively, to incorporate the amendments made to ss.
948.08 and 948.16, F.S., in references thereto;
reenacting s.
910.035(5)(a), F.S., relating to transfer for participation in a problem-solving court, to incorporate the amendment made to s.
948.21, F.S., in a reference thereto;
reenacting ss.
958.03(5), 958.045(8)(a), 958.046, and 985.565(4)(c), F.S., relating to the definition of the term “youthful offender,” the youthful offender basic training program, county-operated youthful offender boot camp programs, and adult sanctions upon failure of juvenile sanctions, to incorporate the amendment made to s.
958.04, F.S., in references thereto;
reenacting s.
985.556(3), F.S., relating to involuntary mandatory waiver, to incorporate the amendment made to s.
985.557, F.S., in a reference thereto;
reenacting ss.
985.15(1), and 985.26(2)(c), F.S., relating to filing decisions of state attorneys in the prosecution of a child, and length of detention for prolific juvenile offenders, respectively, to incorporate the amendment made to s.
985.557, F.S., in references thereto;
providing effective dates.
725 Be It Enacted by the Legislature of the State of Florida:
727 Section 1. Effective July 1, 2019, section 25.025, Florida Statutes, is created to read:
25.025 Headquarters.— (1)(a) A Supreme Court justice who permanently resides outside Leon County shall, if he or she so requests, have a district court of appeal courthouse, a county courthouse, or another appropriate facility in his or her district of residence designated as his or her official headquarters pursuant to s.
112.061.
This official headquarters may serve only as the justice’s private chambers.
(b) A justice for whom an official headquarters is designated in his or her district of residence under this subsection is eligible for subsistence at a rate to be established by the Chief Justice for each day or partial day that the justice is at the Supreme Court Building for the conduct of the business of the court.
In addition to the subsistence allowance, a justice is eligible for reimbursement for transportation expenses as provided in s.
112.061(7) for travel between the justice’s official headquarters and the Supreme Court Building for the conduct of the business of the court.
(c) Payment of subsistence and reimbursement for transportation expenses relating to travel between a justice’s official headquarters and the Supreme Court Building must be made to the extent that appropriated funds are available, as determined by the Chief Justice.
(2) The Chief Justice shall coordinate with each affected justice and other state and local officials as necessary to implement paragraph (1)(a).
(3)(a) This section does not require a county to provide space in a county courthouse for a justice.
A county may enter into an agreement with the Supreme Court governing the use of space in a county courthouse.
(b) The Supreme Court may not use state funds to lease space in a district court of appeal courthouse, county courthouse, or other facility to allow a justice to establish an official headquarters pursuant to subsection (1).
Section 2. Subsections (9) and (12) of section 26.031, Florida Statutes, are amended to read:
26.031 Judicial circuits;
number of judges.—The number of circuit judges in each circuit shall be as follows:
769 JUDICIAL CIRCUIT TOTAL (9) Ninth...........................................44 43 (12) Twelfth........................................22 21 Section 3. Section 43.51, Florida Statutes, is created to read:
43.51 Problem-solving court reports.— (1) The Office of the State Courts Administrator shall provide an annual report to the President of the Senate and the Speaker of the House of Representatives which details the number of participants in each problem-solving court for each fiscal year the court has been operating and the types of services provided, identifies each source of funding for each court during each fiscal year, and provides information on the performance of each court based upon outcome measures established by the courts.
(2) For purposes of this section, the term “problem-solving court” includes, but is not limited to, a drug court pursuant to s.
948.01, s.
948.06, s.
948.08, s.
948.16, or s.
948.20;
a military veterans’ and servicemembers’ court pursuant to s.
394.47891, s.
948.08, s.
948.16, or s.
948.21;
a mental health court program pursuant to s.
394.47892, s.
948.01, s.
948.06, s.
948.08, or s.
948.16;
a community court pursuant to s.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/HB 1021 (Ch. 2019-91), HB 5011 (Ch. 2019-95), CS/HB 7125 (Ch. 2019-167), CS/SB 160 (Ch. 2019-45), CS/SB 828 (Ch. 2019-50), SB 910 (Ch. 2019-61), CS/CS/SB 1418 (Ch. 2019-134)

  2. Substituted CS/HB 7125

  3. Read 2nd time

  4. Retained on Special Order Calendar

  5. Retained on Special Order Calendar

  6. Retained on Special Order Calendar

  7. Retained on Special Order Calendar

  8. CS/CS by Appropriations read 1st time

  9. Placed on Special Order Calendar, 04/25/19

  10. Placed on Calendar, on 2nd reading

  11. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  12. CS/CS by- Appropriations; YEAS 17 NAYS 2

  13. On Committee agenda-- Appropriations, 04/18/19, 9:00 am, 412 Knott Building

  14. Now in Appropriations

  15. Subcommittee Recommendation: CS/CS by Appropriations Subcommittee on Criminal and Civil Justice; YEAS 8 NAYS 0

  16. On Committee agenda-- Appropriations, 04/18/19, 9:00 am, 412 Knott Building

  17. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/16/19, 9:00 am, 37 Senate Building

  18. On Committee agenda-- Appropriations Subcommittee on Criminal and Civil Justice, 04/09/19, 1:30 pm, 37 Senate Building --Temporarily Postponed

  19. CS by Criminal Justice read 1st time

  20. Now in Appropriations Subcommittee on Criminal and Civil Justice

  21. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  22. Introduced

  23. CS by Criminal Justice; YEAS 5 NAYS 0

  24. On Committee agenda-- Criminal Justice, 03/04/19, 1:00 pm, 37 Senate Building

  25. Referred to Criminal Justice; Appropriations Subcommittee on Criminal and Civil Justice; Appropriations

  26. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 17 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13202
Republican 3000
Democrat 1000
Total 17202
% of votes cast 81%10%0%10%
How each member voted (21)
Member Party Vote
Book — Yea
Gainer — Not Voting
Hutson — Not Voting
Powell — Yea
Stewart — Yea
Thurston — Yea
Bean — Yea
Benacquisto — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Gibson — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Stargel — Nay
Simpson — Nay
Rouson, Darryl Ervin Democrat Yea
Bradley, Jennifer Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 642?
SB 642 is sponsored by Brandes.
What is the current status of SB 642?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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