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Home My Public Portal AboutFw_ New 2018 PBSO Handbook IPM.Note Fw: New 2018 PBSO Handbook Fw: John Haseley EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=AF8F4765297548C2996159983E2E70F8-JHASELEY New 2018 PBSO Handbook X-Vipre-Scanned: 0FA4F54901363C0FA4F696 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Wed, 20 Feb 2019 08:39:05 -0500 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Wed, 20 Feb 2019 08:38:57 -0500 Received: from GSEXCH-1.GulfstreamTH.local ([::1]) by GSEXCH-1.GulfstreamTH.local ([::1]) with mapi id 15.00.1130.005; Wed, 20 Feb 2019 08:38:57 -0500 From: John Haseley <jhaseley@gulf-stream.org> To: "Allen C. O'Neal" <AOneal@gulf-stream.org> Subject: Fw: New 2018 PBSO Handbook Thread-Topic: New 2018 PBSO Handbook Thread-Index: AdOsBrSvPE8VSDGpQiWNhfTXtQIfH0dGsA4K Date: Wed, 20 Feb 2019 13:38:56 +0000 Message-ID: <1550669804515.53574@gulf-stream.org> References: <6be32fc6109548798c9ff0078eed9198@GSEXCH-1.GulfstreamTH.local> In-Reply-To: <6be32fc6109548798c9ff0078eed9198@GSEXCH-1.GulfstreamTH.local> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Internal X-MS-Exchange-Organization-AuthMechanism: 04 X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Has-Attach: yes X-MS-Exchange-Organization-SCL: -1 X-MS-TNEF-Correlator: Content-Type: multipart/mixed; boundary="_004_155066980451553574gulfstreamorg_" MIME-Version: 1.0 John Haseley EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=AF8F4765297548C2996159983E2E70F8-JHASELEY Allen Oneal Inbox New 2018 PBSO Handbook Allen, download this to your desktop. 2018 PBSO Green Book ________________________________ Lieutenant John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream Fl 33483 561-278-8611 P.D. 561-276-2528 Fax 561-243-7800 Dispatch Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. ________________________________ From: John Haseley Sent: Thursday, February 22, 2018 12:59 PM To: Bernard O’Donnell; Brad Fidler; Charles Smith; Chris Hamori; Christopher Fahey; Edward K Allen; John Haseley; John Passeggiata; Marshall Felter; Ramon Batista; Randall Wilson; Todd Sutton Subject: New 2018 PBSO Handbook Replace and down load to you laptop screen. Lieutenant John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream Fl 33483 P.D. 561-278-8611 Dispatch 561-243-7800 Fax 561-276-2528 Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. 52D9C143591DFD47AA66CF0F88ADAB3E@namprd09.prod.outlook.com <1550669804515.53574@gulf-stream.org> <6be32fc6109548798c9ff0078eed9198@GSEXCH-1.GulfstreamTH.local> <6be32fc6109548798c9ff0078eed9198@GSEXCH-1.GulfstreamTH.local> Allen, download this to your desktop. 2018 PBSO Green Book ________________________________ Lieutenant John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream Fl 33483 561-278-8611 P.D. 561-276-2528 Fax 561-243-7800 D Allen Oneal Allen Oneal EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=A717A5928970456E81CF64B2B31D20C7-AONEAL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=A717A5928970456E81CF64B2B31D20C7-AONEAL af8f4765297548c2996159983e2e70f8-jhaseley af8f4765297548c2996159983e2e70f8-jhaseley Allen Oneal Allen Oneal jhaseley@gulf-stream.org jhaseley@gulf-stream.org aoneal@gulf-stream.org aoneal@gulf-stream.org sip:jhaseley@gulf-stream.org II=[CID=48154f3c-a931-2542-8d85-f4d7b5021f1f;IDXHEAD=D3AC06B4AF;IDXCOUNT=2];SBMID=4;SBT=2;THA=1483379649;TFR=NotForking;Version=Version 15.20 (Build 2157.0), Stage=H7;UP=10;DP=1C5 en GSEXCH-1.GulfstreamTH.local en-US 04 * 710803A65C7F1C2A Internal 0FA4F54901363C0FA4F696 Allen Oneal EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=a717a5928970456e81cf64b2b31d20c7-aoneal aoneal@gulf-stream.org Allen Oneal sip:aoneal@gulf-stream.org PBSO LEO Handbook 2018.pdfPBSO LEO Handbook 2003 PALM BEACH COUNTY SHERIFFS OFFICE 27th Edition 2018 LAW ENFORCEMENT HANDBOOK Ric Bradshaw, Sheriff Palm Beach County, Florida I THE PALM BEACH COUNTY SHERIFFS OFFICE 2018 LAW ENFORCEMENT HANDBOOK Published by Municipal Code Corporation Tallahassee, Florida www.municode.com email: info@mail.municode.com Copyright © 1994 Design, Layout, Typesetting, and Document Configuration (No Claim of Copyright is Made for State Statutes) II We must always remember our fallen deputies and the courage of their families George C. Douglas August 27, 1921 Deputy Douglas and his 17 year old son where trying to serve an arrest warrant for theft at Bare Beach, Belle Glade. Both were shot, Deputy Douglas’s wound was fatal. Frederick A. Baker January 9, 1924 While leading a posse into the camp of the outlaw Ashley Gang, Deputy Sheriff Baker became involved in a gun fight and was fatally wounded. Walter S. Stroman, Jr. October 6, 1924 While ejecting two drunk and disorderly men from a local hotel, one suspect shot and killed Marshal Stroman. (Fallen LEO added - PBSO providing MSA for Town of Lake Park) James S. Fogleman March 25, 1963 While transporting a critically injured child to the hospital, Sergeant Fogleman's patrol car was struck by an other vehicle. Sergeant Folgeman’s injuries were fatal. Samuel M. Stephens January 24, 1971 While investigating a possible stolen vehicle, Officer Stephens was shot in the head and chest. (Fallen LEO added - PBSO now providing MSA for Pahokee) Walter Richard J. Landes April 18, 1981 While assisting others in the removal of a vehicle from a canal, Deputy Sheriff Landes was struck and killed by a passing motor vehicle. Frank D. Genovese June 3, 1982 While engaged in a SWAT operation against an armed and barricaded suspect, Deputy Sheriff Genovese was shot and killed by the suspect. James R. Dickinson August 22, 1989 While attempting to apprehend an armed and barricaded suspect, Deputy Sheriff Dickinson was shot and killed in the line of duty. Kevin D. Mathews March 6, 1992 While providing a motorcycle escort to a presidential candidate, Deputy Sheriff Mathews was struck by a passing vehicle. The injuries sustained were fatal. Anita K. Pospisil March 25, 1992 A speeding truck having just run a red light, crashed into the side of Deputy Sheriff Pospisil's patrol car killing her. James S. Hunt February 26, 1993 While investigating four suspicious people in front an activated bank automatic teller machine alarm, Sergeant “Rocky” Hunt was shot and killed. Gary E. Hobbs December 9, 2000 While recovering stolen property from a canal, Deputy Sheriff Hobbs was sprayed with a lethal level of herbicide. This injury and later medical complications led to his death. Richard W. Oetinger December 6, 2000 Deputy Sheriff Oetinger sustained a serious physical injury while in the performance of his official duties. These injuries and later medical complications led to his death. Donald Schavolt March 31, 2002 Deputy Sheriff Schavolt died in the line of duty while overcoming physical resistance and effecting the arrest of a suspect. Donta J. Manuel November 28, 2007 While deploying tire deflation devices to stop a stolen car, Deputy Manuel was struck by a passing car sustaining fatal injury. Jonathan D. Wallace November 28, 2007 While deploying tire deflation devices to stop a stolen car, Deputy Wallace was struck by a passing car sustaining fatal injury. To serve and protect was their oath, To honor them is our duty. III INTRODUCTION I am honored and pleased to introduce the Palm Beach County Sheriff's Office Law Enforcement Handbook. Thousands of local law enforcement officers, recruits, their supervisors and instructors have relied on this book to guide them safely and accurately through every imaginable law enforcement arrest situation. Timely, accurate and readily available information are a must for statute and constitution driven law enforcement in the 21st century. The Palm Beach County Sheriff's Office Law Enforcement Handbook consistently provides this information and much more. There is not a better, more comprehensive resource for the officer on the street in South Florida, then this user-friendly reference. I give it my full support and highest recommendation. I am also proud that both authors, who have continued to update the handbook every year, have applied themselves well and risen thought the ranks of the Palm Beach County Sheriff's Office. I salute them and all of you who continue to rely on the handbook to make informed decisions. Your decisions reflect the high standards of this agency and its respect in the community. Ric Bradshaw, Sheriff Palm Beach County, Florida DISCLAIMER / WARNING A concerted effort has been made to include the most current information available at the time of the handbook publication. However, the judicial system and the courts are constantly reviewing and changing federal, state, and local laws. Prior to taking enforcement action based on any item contained within this handbook, it is the user’s responsibility to ensure the accuracy and the applicability of said laws. Therefore, no expressed or implied warranties can be made on the information contained within this publication. PREFACE The Palm Beach County Sheriffs Office Law Enforcement Handbook was created by law enforcement officers for law enforcement personnel as a reference guide. The most current information available at the time of printing has been included but laws constantly change. This handbook is a valuable reference tool but it is not the final authority. It is your responsibility to utilize this handbook in a proper and effective manner while remaining current/up to date concerning changes to the law. Coauthors; Ret. Maj. Alfred J. Musco (MuscoA@pbso.org) Palm Beach County Sheriff’s Office 3228 Gun Club Road, West Palm Beach, Florida. 33406 Ret. Capt. Bruce Barkdoll (BarkdollB@pbso.org) Palm Beach County Sheriff’s Office 3228 Gun Club Road, West Palm Beach, Florida. 33406 Table of Contents IV SEARCH, SEIZURE & CASE LAW ..........................................1 Stop and Frisk .....................................................2 Police/Citizen Consensual Encounter ................................2 Florida v. Royer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Does the use of blue lights constitute a stop? . . . . . . . . . . . . . . . . . . . . . . . . . . 2 G.M. v. State 2009 ...........................................2 Investigative Stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Adams v. Williams .................... ........................3 The Frisk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 State v. Webb . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Use of handcuffs during frisk: ......................................3 Reynolds v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Terry v. Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Michigan v. Long .............................................4 LEO experience in Plain Feel Doctrine: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Doctor v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C.A.M. v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Use of Force .......................................................5 Non-deadly force ................................................5 Deadly force .......................... .........................5 Reasonable Belief ...............................................5 Force Continuum ................................................5 Illinois v. Lafayette . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Resistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Tennessee v. Garner ............................... ...........5 Self defense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Graham v. Connor ...........................................5 Qualified Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Probable Cause ....................................................6 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Brinegar v. United States ......................................6 Loss of Probable Cause .......................................6 Articulate suspicion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Arrest Warrant preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Aguilar v. Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Florida State Statute 901.15 ....................................6 Warrantless arrest exceptions for misdemeanors in Florida ...............6 Freeman v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Promptness of misdemeanor warrantless arrests .......................7 As provided by s. 901.15(1) ....................................7 City of Miami v. Crouch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Promptness of felony arrests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Hoffa v. United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 United States v. Drake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 People v. Hall ...............................................7 State v. Steadman, ...........................................8 Detention .........................................................8 Seizures tantamount to arrest ................................... ...8 Florida v. Royer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Golphin v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Drivers Licence and the effect on Consent to Search: ...................8 Harrison v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Johnson v. State .............................................8 Evans v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Canion v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Table of Contents V Florida vs Royer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Formal Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 McAnnis v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Investigative stops based on a bolo, flyer, or bulletin . . . . . . . . . . . . . . . . . . . . 9 United States v. Hensley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Sapp v. State ......................... .......................9 Sanchez v. State (4DCA 2016 ..................................9 The Fellow Officer Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Carroll v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Walker v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Rights and Immunities of Foreign Diplomatic & Consular Personnel ............9 General procedures .......................................... ....9 Traffic enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Verification of personnel (other than United Nations) . . . . . . . . . . . . . . . . . . . 10 During normal business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 After normal business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Verification of United Nations personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 During normal business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 After normal business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Civil Rights - Federal Statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Title-18 §241. Conspiracy against rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Title-18 §242. Deprivation of rights under color of law . . . . . . . . . . . . . . . . . . 10 Qualified Immunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Confessions and Admission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Miranda v. Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Miranda v. Arizona . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Interrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Warnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 What is custody? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 California v. Beheler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Question first then Miranda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Missouri v. Seibert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Right to remain silent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Berghuis v. Thompkin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Reinitiating contact after assertion of Miranda rights . . . . . . . . . . . . . . . . . . . . 12 Maryland v. Shatzer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Use of non-standard Miranda rights card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Florida v. Powell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Miranda rights during a consensual encounter . . . . . . . . . . . . . . . . . . . . . . . . 12 Caldwell v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Disorderly Conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 State v. Saunders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Barry v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Vehicle Stops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Authority to order the occupants from a vehicle . . . . . . . . . . . . . . . . . . . . . . . 13 Pennsylvania v. Mimms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Maryland v. Wilson, (S.Ct.1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Arizona v. Johnson, (S.Ct.2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Routine vehicle checks and roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Delaware v. Prouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 State v. Jones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Michigan Department of State Police v. Sitz . . . . . . . . . . . . . . . . . . . . . . . 13 Plain View Doctrine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Harris v. United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Table of Contents VI Warrantless vehicle searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Carroll v. United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 United States v. Ross . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Searching containers in vehicles incident to arrest . . . . . . . . . . . . . . . . . . . . . 14 New York v. Belton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Arizona V. Gant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Brown v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Inventory searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 South Dakota v. Opperman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Search incident to an arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Chimel v. California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Constructive Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 General Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Requirements to Prove Constructive Possession . . . . . . . . . . . . . . . . . . . 16 C.O. v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Exclusive Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Joint Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Smith v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Proximity to Contraband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Joint Occupancy - Plain View . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Brown v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Joint Occupancy - Hidden From View . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Sparto v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Contraband Found in Public Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Tarver v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Circumstantial Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Hot pursuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 United States v. Santana . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Entering into a person's home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Entry into a suspect's home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Dunaway v. New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Hayes v. Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Welsh v. Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Payton v. New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Johnson v. State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Entry into a third persons home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Steagald v. United States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 BOOKING PROCEDURES, CASE FILING CRITERIA & QUICK REFERENCE GUIDES19 Booking Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Male Adults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 D.U.I. Adult Arrests (Misd.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Juvenile Arrests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Fingerprinting of Juveniles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Juvenile Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Misdemeanor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 D.U.I. Juvenile Arrests (Misd.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Filing Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Adults - In Custody Arrests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Misdemeanor (N.T.A.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Juveniles - In Custody Arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Table of Contents VII Felony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Misdemeanor non (D.U.I.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Warrant / Capias / Summons for Adults (Fel. & Misd.) . . . . . . . . . . . . . . . . . . 23 STAC Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 D.U.I. - In Custody Arrests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Breath misdemeanor cases (adults & juveniles) . . . . . . . . . . . . . . . . . . . . 24 Blood misdemeanor cases (adults & juvenile) . . . . . . . . . . . . . . . . . . . . . 24 Address & Telephone Numbers for Palm Beach County Agencies . . . . . . . . . . . . 26 Sheriff’s Office (Districts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 State Attorney / Public Defender and Medical Examiner . . . . . . . . . . . . . . . . . 26 Palm Beach County Courthouses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Law Enforcement Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Non-Law Enforcement Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Investigative Operations - Civil Unit - Recommendations & Guidelines . . . . . . . . . 30 Evictions (Writ of Possession) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Recovering suspected Stolen Property (Writ of Replevin) . . . . . . . . . . . . . . . . 30 Release of Motor Vehicle from Repair Shop (Mechanics lien) . . . . . . . . . . . . 30 Mental Heath (Involuntary Assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Civil Warrants (Writs of Bodily Attachment) . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Domestic/Repeat Violence Restraining Orders . . . . . . . . . . . . . . . . . . . . . . . . 31 Questions Frequently ask by LEOs: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Transient Occupancy (FSS 82.045) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PBSO Financial Crimes Unit Road Patrol Quick Reference Guide . . . . . . . . . . . . 33 Financial Crimes (Overview) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Forgery In Progress (Other than Rx) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Forgery NOT in progress - (Other than Rx) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Counterfeit (Checks, bills, coins, DLs, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Credit Card Crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Possession of Credit Cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Credit Card Emergency Contacts - LE Only . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Identity Theft: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Exploitation (Financial) of the elderly or disabled adult): . . . . . . . . . . . . . . . . . 36 Pawnshop/Second Hand-dealer Prohibited Acts (synopsis). . . . . . . . . . . . . . . . . . 36 Zulu Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PALM BEACH COUNTY ORDINANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Chapter 3 ALCOHOLIC BEVERAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Article II - Night Club Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Chapter 4 ANIMALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Chapter 6 BOAT, DOCK & WATER WAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Chapter 9 CONSUMER AFFAIRS - Article II - Emergency Management . . . . . . . 79 Chapter 11 ENVIRONMENTAL REGULATION and CONTROL . . . . . . . . . . . . . . 81 Chapter 12 FIRE PREVENTION AND PROTECTION . . . . . . . . . . . . . . . . . . . . . . 86 Chapter 16 LAW ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 ARTICLE II. SPECIAL OFF DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 ARTICLE III. ALARMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Chapter 17 LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Chapter 18 MISCELLANEOUS PROVISIONS AND OFFENSES . . . . . . . . . . . . 121 Chapter 19 MOTOR VEHICLES AND TRAFFIC . . . . . . . . . . . . . . . . . . . . . . . . . 125 ARTICLE I. - IN GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 ARTICLE II. STOPPING, STANDING and PARKING . . . . . . . . . . . . . . . . . . 127 DIVISION 3. PARKING FOR THE DISABLED . . . . . . . . . . . . . . . . . . . . . . . 133 ARTICLE III. ABANDONED VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 ARTICLE IV. RED LIGHT CAMERAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 ARTICLE VIII. TOW TRUCKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Table of Contents VIII CURBSTONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Chapter 20 NUISANCE ABATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Chapter 21 PARKS AND RECREATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Chapter 23 ROADS AND BRIDGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Chapter 27 WATER SEWERS AND SEWAGE DISPOSAL . . . . . . . . . . . . . . . . . 177 Chapter 28 WEAPONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 APPENDIX B (Airport Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 NOISE ORD. (Unified Land Development Code) Article 5 Supp. Regulations . . 193 FLORIDA TRAFFIC STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Traffic Violations listed by index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 FLORIDA STATE STATUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 GENERAL INDEX OF STATUTES & COUNTY ORDINANCES . . . . . . . . . . . . . . . . . . 901 1 The following pages contain information on SEARCH, SEIZURE & CASE LAW Search Seizure and Case Law 2 Stop and Frisk The term "stop and frisk" is a difficult concept to accurately define because it is a police practice more than a term that describes a specific course of intended conduct. Each situation encountered by a Law Enforcement Officer (LEO) can be unique but the Florida Supreme Court in Popple v. State (1993) established a legal basis for the police-citizen encounter and identified three levels of police-citizen encounters: "They are the consensual encounter where the citizen is free to terminate the police contact and walk away; the investigative stop supported by articulable founded suspicion; and the arrest supported by probable cause." It is this distinction that will win or lose a motion to suppress. It is imperative that all offense reports correctly reflect what type of encounter the LEO was engaged in, and to insure that all reports clearly reflect these important distinctions. Police/Citizen Consensual Encounter: One of the most significant court rulings pertaining to this issue came under "Florida v. Royer", 460 U.S. at 497-98, (1983). LEOs do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking them if they are willing to answer some questions, by putting the questions to them if the person is willing to listen, or by offering in evidence in a criminal prosecution their voluntary answers to such questions. Nor would the fact that the officer identifies himself as a police officer, without more, convert the encounter into a seizure requiring some level of objective justifications. The person approached does not have to answer any questions put to them, in fact they may decline to listen to the questions and may proceed on their way. The person may not be detained even momentarily without reasonable, objective grounds for doing so; and their refusal to listen or to answer does not, without more, furnish those grounds. If there is no detention then no seizure within the meaning of the Fourth Amendment and no constitutional rights have been infringed. However, consensual encounters are easily escalated into an investigatory stop when the officer’s conduct “leads the citizen to believe that he or she is no longer free to leave”: The simple use of police emergency lights “can” be held to evince an intent to stop rather than a consensual encounter. Ordering an individual to "stop," "turn around," "sit down," "stand up," have been ruled expressions of authority. Does the use of blue lights constitute a stop? The Florida Supreme Court in G.M. v. State 2009 addressed this issue. Officers suspected drug activity by males in a parked car. They drove their undercover vehicle behind the suspects' car and activated their blue light. The defendant argued that the use of the blue light seized them for 4th amendment purposes and drugs seized should be suppressed. The Florida Supreme Court did not agree, "Therefore, to the extent that the conflict cases stand for the absolute and inflexible proposition that activation of police lights alone always constitutes a seizure, we agree … that these decisions are inconsistent with Fourth Amendment precedent and United States Supreme Court structure for analysis of these cases. Instead, the activation of police lights is one important factor to be considered in a totality-based analysis as to whether a seizure has occurred." The use of blue lights is an important factor to consider because the Florida Supreme Court has also said: "It strains the bounds of reason to conclude that under these circumstances, a reasonable person would believe that he or she was free to end the encounter with police and simply leave. Moreover, it would be both dangerous and irresponsible for this Court to advise Florida citizens that they should feel free to simply ignore the officers, walk away, and refuse to interact with these officers under such circumstances. Instead, as a matter of safety to both the public and law enforcement officers, we conclude that a citizen who is aware of the police presence under the specific facts presented by this case is seized for Fourth Amendment purposes and should not attempt to walk away from the police or refuse to comply with lawful instructions." G.M. v. State, (Fla.2009). Modern patrol car lightbars have many illumination options. If the primary purpose for lightbar activation is high visibility to avoid a rear collision, then why not just activate only the rear facing lights, or just the amber lights, if so equipped? Could this simple technique help minimize the level of police presence? It all depends upon the totality of the circumstances in the citizen LEO contact. Investigative Stop: FSS 901.151(2) permits a stop for only two specific purposes: Identity and circumstances. The LEO is permitted to temporarily detain a person to ascertain his name and the reasons for his being where found. The person is not your prisoner, so you may not move them from the place of the stop. If required the victim needs to be transported to his location. A stop is permissible provided the detention is temporary and reasonable under the totality of the circumstances. The officer must articulate a "well founded suspicion based upon articulable facts. A hunch, gut feeling, or bare suspicion is an insufficient basis for a stop. The officer should substantiate their actions based upon specific reference to their prior experience, knowledge, and training. "A brief stop of a suspicious individual, in order to determine his identity or to maintain the status quo momentarily while obtaining more information, may be most reasonable in light of the facts known to the Search Seizure and Case Law 3 officer at the time. Adams v. Williams, 92 S.Ct. 1921 (1972) The Frisk: Is a term that describes a limited search of a person for the expressed purpose of seizing a weapon(s). The primary function is for the protection of the LEO. The frisk is not an automatic aspect of the "stop." The officer must be able to articulate reasonable grounds to believe that the individual poses a threat to his safety prior to placing his their hands on the person. While FSS 901.151(5) reads in part, whenever the officer has "probable cause" to believe the person detained is armed with a dangerous weapon and offers a threat to the safety of the officer or any other person. The Florida Supreme Court has made clear that all the officer need establish is a "reasonable belief" of a threat and not the higher standard of "probable cause." State v. Webb, 398 So.2d 820 (Fla. 1981). Use of handcuffs during frisk: Reynolds v. State, (Fla. 1992), authorizes the use of handcuffs for officer safety until the pat-down is completed. "We do not suggest that police may routinely handcuff suspects in order to conduct an investigative stop. Whether such action is appropriate depends on whether it is a reasonable response to the demands of the situation. When such restraint is used in the course of an investigative detention, it must be temporary and last no longer than necessary to effectuate the purpose of the stop. The methods employed must be the least intrusive means reasonably available to verify or dispel in a short period of time the officers' suspicions that the suspect may be armed and dangerous. Absent other threatening circumstances, once the pat-down reveals the absence of weapons the handcuffs should be removed." For example: You are present at the scene of a recent shooting under circumstances where you have reasonable suspicion to believe several people nearby might be armed so you handcuff and frisk. After determining there are no weapons on their person, you must unhandcuff them: Do not leave them laying or sitting on the ground in handcuffs while you conduct the rest of your investigation or wait for a supervisor to arrive. Failure to remove handcuffs WILL convert the investigative stop into an arrest. FSS 901.151 sections (5) and (6): (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. (6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5). Within the meaning of this statute and you can articulate reasonable belief that an individual poses a threat to your, or another's, safety you may search areas within the reach of the person. During an auto stop if the person is still in proximity to the vehicle (i.e. not detained in the back seat of a patrol car) the frisk / search could extend to unlocked and accessible areas of the passenger compartment. It would not allow an unrestrained search of the entire vehicle and everyone inside. For a discussion on vehicle related searches, see Warrantless vehicle searches starting on page #13. A partial list of considerations related to frisk: 1. The suspect does not present satisfactory identification. 2. The officer believes that the suspect may have possessed weapons in the past. 3. The area of the stop is known to contain armed persons. 4. The suspect is belligerent and uncooperative upon being stopped. 5. The crime involves the use of weapons. 6. The suspect does not have an adequate explanation for the suspicious behavior. 7. The suspect's hand is concealed under clothing or in a pocket. 8. The suspect's clothing has a bulge or a similar characteristic. 9. The suspect is unusually nervous or apprehensive about being stopped. In practical applications, the decision to frisk will frequently involve at least one of these items and will be evaluated in light of the officer's experience, knowledge, and training. The legal basis for a frisk is usually dependent on the observation of a bulge under individual's clothing. However, officer's experience, knowledge, and training can provide other indicators. "Lastly, and importantly, the Officer observed the defendant manipulating something in his waistband, which, based on his training and experience, he believed was a firearm." State v. Cruse, (3DCA 2013). As an example of effective report writing, the Officer testified that, based on his training from recruit school, SWAT school, and Special Tactic school, this gesture was "one of the known indicators" that someone was carrying a gun. Search Seizure and Case Law 4 Terry v. Ohio, 392 U.S. at 30, is a landmark case that illustrates an application of a stop and frisk. A police detective who had over thirty (30) years of law enforcement experience, observed two men pacing back and forth in front of a store window. These men frequently peered into the store window and would return to the corner to converse. Eventually, these two men were joined by a third man. When the third man walked away, the two men resumed their pacing back and forth, continuing to peer into the window, while occasionally conferring. After several minutes, the third man returned and joined the other two men. Because of the detective's law enforcement experience, he suspected that these men were casing the store for an armed robbery. The detective approached the men and identified himself as a police officer. The detective asked for their names. When one of the men "mumbled something" in response, the detective grabbed Terry and spun him around. The detective intended to place Terry between the other two suspects and himself. The detective began to pat down the outer clothing and felt a pistol in Terry's coat pocket. The detective seized this weapon and began a pat down on the other two men. This process produced an additional weapon. Terry and the other man were arrested and convicted of carrying concealed weapons. An appeal was filed on the basis that the search for weapons was unreasonable, therefore, the evidence should not have been admitted at their trial. The U.S. Supreme Court upheld the convictions and set forth guidelines pertaining to the reasonableness of the officer's actions in this case. The Court recognized that American criminals have frequently committed acts of armed violence and that significant numbers of law enforcement officers are killed or wounded in the line of duty each year. The Court understood that a law enforcement officer has a need to protect himself under suspicious circumstances which indicate that possible criminal activity by potentially armed and dangerous persons is taking place. The Court understood that even though probable cause to arrest did not exist, it would be unreasonable to deny an officer the means by which he could determine whether a suspect is armed and to protect himself. The Court concluded that when "a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing with may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquires, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such person in an attempt to discover weapons which might be used to assault him." In Michigan v. Long, 463 U.S. 1032, 1049, (1983), the Court approved an extension of the permissible scope of a protective search for weapons beyond the actual person to include the passenger compartment of an automobile. The “Terry” search (i.e. frisk) of the passenger compartment is limited to those areas where a weapon may be hidden or placed. This is especially true if the suspect will be permitted to re-enter the vehicle after the stop. The officer(s) must base this limited search on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officer(s) to believe that the suspect is dangerous and may gain immediate access to a weapon(s). The Court recognized that law enforcement officers frequently stop persons who are suspected of committing crimes and that these stops can be extremely hazardous to the officer(s). The Court recognized the dangers presented to the officers that may arise from these encounters when a suspect may have immediate access to concealed weapons in the area surrounding the stop. The Court emphasized that this decision is intended for the protection of the officer(s) and not as means of obtaining evidence for unrelated issues. (I.e., If the circumstances justify a frisk "pat down" of outer clothing and the officer feels a object that he reasonably believes could be a weapon, he may seize the weapon from inside the pocket or from underneath the clothing). What If the officer feels something underneath the clothing that he believes is not a weapon, but could be evidence to some other unrelated crime? (e.g., a plastic baggy of marijuana or cocaine rock). Can the officer legally remove and seize the item? Only if the item’s idenity is immediately apparent. No additional manipulation is permitted, the contraband must be immediately apparent to the officer. LEO experience in Plain Feel Doctrine: In Doctor v. State, 596 So.2d 442 (Fla.1992) the State provided a specific factual basis for the LEO experience to establish its claim of probable cause. The officer testified he had made approximately 250 arrests for possession of a controlled substance, had been present during approximately 1000 arrests, and had seen or felt crack cocaine approximately 800 times. He further stated during the course of 130 search warrant arrests, he had discovered cocaine hidden in the groin area on 70 occasions. Thus, the officers testimony regarding his experience in apprehending drug offenders went well beyond a generalized statement or mere conclusion that he was an experienced officer. Rather, he offered specific statistics evidencing his significant experience with this particular aspect of drug trafficking. The officer believed the object felt was crack cocaine because of "being in contact with it so many times, the texture of it, the texture of the plastic bag that it's in, the little rock Search Seizure and Case Law 5 formations of it, it was-if you could imagine, it was almost like a peanut brittle type feeling in it." In C.A.M. v. State, 819 So.2d 802 (4DCA 2001), the officer testified that over his fourteen-year career in law enforcement, he had felt thousands of nickel bags. He said that he had been trained in narcotics identification and investigation. He has made hundreds of narcotics arrests and has taught classes on narcotics identification, teaching other officers how to perform protective patdowns. He has been assigned to narcotics task forces and was a member of a SWAT team for several years. He has participated in the execution of hundreds of search warrants. From his experience and training with narcotics, most people who roll their own tobacco cigarettes carry their tobacco in a pouch, while marijuana is normally associated with plastic bags. He claims, based on his training and experience, that he can easily feel the difference between a plastic bag commonly used for illegal drugs, and a pouch or case commonly used for tobacco through clothing. On the basis of his power to distinguish between ordinary plastic bags in the pocket and tobacco pouches or cases in the pocket, he testified that as soon as he felt the package through the material of defendant's pants he knew that the youth was carrying marijuana. From this testimony, the court concluded that the officer had probable cause to arrest defendant as a result of merely feeling the outside of his pants and knowing that it was a plastic bag inside. Use of Force PBSO General Orders 500.00 and 500.01 provide specific procedures and definitions pertaining to the use of deadly and non-deadly force. Non-deadly force: Force that is not likely to cause death or great bodily harm. Deadly force: Force which is likely to cause death or great bodily harm. FSS 776.06 (2)(a) The term "deadly force" does not include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term "less-lethal munition" means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body.(Taser in drive stun not dart mode). (b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties." Reasonable Belief: Facts and circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. Force Continuum: Generic term that is used to designate appropriate conduct for an officer when using force to establish control of a resisting subject. The level of force necessary to establish control is directly related to the level of resistance an individual is exerting. There is no precedent in this Circuit which states the Constitution requires law enforcement officers to use all feasible alternatives to avoid a situation where deadly force can justifiably be used. There are, however, cases which support the assertion that where deadly force is otherwise justified under the Constitution, there is no constitutional duty to use non-deadly alternatives first. Illinois v. Lafayette, 462 U.S. 640 (1983). Control: Force used by an officer to influence or overcome the unlawful or physical actions of a subject. Resistance: The subject’s attempt to evade an officer’s attempts of control. In a 1985 decision, Tennessee v. Garner, 85 L. Ed.2d. 1, 9-10 (1985), the U.S. Supreme Court significantly changed the requirements pertaining to a law enforcement officer's authority to use deadly force. The Court said that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing a suspect. A police officer may not seize an unarmed, non-dangerous suspect by shooting him dead. Where an officer has probable cause to believe that the suspect has committed a violent felony AND poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force, and where feasible, some warning has been given. Self defense: Graham v. Connor, 109 S.Ct. 1865 (1989), a law enforcement officer is justified in using only that amount of force which is reasonable and necessary to overcome resistance. When making a lawful arrest (felony or misdemeanor), an officer does not have to back down when threatened with physical resistance to the arrest. An officer has a duty and obligation to press forward and bring the suspect under control. Obviously, this cannot be accomplished if an officer is responding purely in a defensive manner. If the resistance to the arrest is so intense that a choice must be made to Search Seizure and Case Law 6 abandon the arrest or use deadly force in self defense, the officer has the right to use that amount of force necessary for self protection. Refer to s. 776.05 for detailed information. Qualified Immunity offers protection for government officials sued in their individual capacities as long as their conduct violates no "clearly established" statutory or constitutional rights of which a reasonable person would have known." The purpose of qualified immunity is to allow officials to carry out their discretionary duties without the fear of personal liability or harassing litigation. "Protecting from suit all but the plainly incompetent or one who is knowingly violating the federal law." To receive qualified immunity, an official must first establish that "he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred." If the official was acting within the scope of his discretionary authority the burden then shifts to the plaintiff to show that the grant of qualified immunity is inappropriate. The LEO is entitled to qualified immunity if "an objectively reasonable officer in the same situation could have believed that the force used was not excessive." Qualified immunity from suit is intended to "allow government officials to carry out their discretionary duties without the fear of personal liability or harassing litigation, protecting from suit all but the plainly incompetent or one who is knowingly violating the federal law ." Probable Cause Definition: In Brinegar v. United States, 93 L.Ed. 1879, 1890 (1949), probable cause exits where the facts and circumstances within the officers knowledge and of which they had reasonable trust worthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed by that person. Loss of Probable Cause can occur at any time during the investigation. i.e. A witness recants prior statement(s), new physical evidence is revealed, or continued investigation invalidates original probable cause. Under these circumstances, the officer is obligated to immediately abandon the arrest. Failure to abandon the arrest process can subject the officer and the agency to criminal and civil sanctions. Articulate suspicion is something less than probable cause and more than a gut hunch. It is a set of definable suspicions that would indicate to a reasonable and prudent person that a person is suspected of; committing, about to commit, or has committed, an offense. Articulate suspicion is the minimum necessary to allow the temporary detention of a suspect by a law enforcement officer. PBSO General Order 502.01 indexed as Field Interview Reports (F.I.R.), addresses reasonable suspicion and the circumstances under which a stop can be made. Arrest Warrant preference: In Aguilar v. Texas, 84 S.Ct. 1509, 15 (1964), the Court held that the informed and deliberate determinations of empowered magistrates are preferred to the sometimes hurried actions of officers, who in their eagerness to enforce the law and conduct investigations, might be tempted to violate constitutional rights. Officers frequently consider warrants to be a hindrance and a burden frustrating their efforts to apprehend persons suspected of committing crimes. Warrants can protect the officer from allegations of false arrest. If a warrant is proper on its face, the officer is protected from liability accusations arising from false arrest and false imprisonment. Even if later on, it is determined that the arrest was not justified, the officer making the arrest is protected from liability. This does not hold true when making a warrantless arrest. Florida State Statute 901.15: provides specific criteria where a law enforcement officer may arrest a person without a warrant. Warrantless arrest exceptions for misdemeanors in Florida are subject to continuous court review. This list reflects some common warrentless arrest exceptions at the time of publication; the list is abbreviated and designed for roll call discussion. Do not make an arrest based on this list without verification. Under Florida law, additional requirements may be necessary to effect a warrantless arrest. The officer has probable cause to believe: 1. Felony or misdemeanor, and some county ordinance violations when committed in the officers presence. In the case of misdemeanor and county ordinance, the arrest must be made immediately or in fresh pursuit. 2. A felony has been or is being committed and that the person to be arrested has committed or is committing it. 3. An arrest warrant has been issued and is held by another officer for execution. 4. Traffic violations viewed by another officer and offenses connected to traffic crashes / accidents under conditions according to FSS 316. 5. Violation of domestic violence injunction or repeat violence injunction or a foreign protection order according to: 741.31, 741.315, 784.047, or 790.233 which violates an injunction for protection entered pursuant 741.30 or 784.046, or a foreign protection order according to 741.315. 6. The person committed an act of domestic violence: 741.28, or dating violence 784.046. 7. The person committed child abuse according to: 827.03 or violated 787.025, relating to luring or enticing a child for unlawful purposes. Search Seizure and Case Law 7 8. Battery upon another person, 784.03. 9. An act of criminal mischief or a graffiti according to 806.13. 10.A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone according to 327.461. 11.The person committed a felony or misdemeanor with a signed affidavit from select U.S. law enforcement officials under very specific conditions. Complicated statue, read carefully. 12.Disorderly conduct in a licensed public lodging establishment, 509.143. 13.1Loitering and prowling, 856.021 14.Possession of marijuana under twenty (20) grams, 893.13. New legislation effecting this section is occurring nationally. A recent PBC Ord allows for a civil fine. Repeal of this FSS is possible after LEO handbook publication so carefully consider ALL new laws before making an arrest 15.Retail or farm theft, 812.014, 812.015. 16.Stalking, 784.048 17.Theft of property at public lodging or food service establishment, 509.162. 18.Trespassing on school facilities according to 810.097. 19.Violation of a condition of pretrial release according to 903.047 when the original arrest was for an act of domestic violence 741.28 or dating violence 784.046. 20.Criminal act of sexual cyberharassment according to 784.049. 21.Trespass in a secure area of an airport when signs are properly posted. 22.Carrying a concealed weapon, 790.02 Note1 As an example of continuous court review, the court said in Freeman v. State 617 So.2d 432 (4 Th DCA, April 1993) that a law enforcement officer may not make an arrest for loitering and prowling (L & P) when all of the elements of the crime were not committed in the officer's presence. The Fourth District Court of Appeal (our appellate district) has taken a very strict approach to the L & P statute. Accordingly, it is clear the court requires both elements of the L & P statute to occur in the officer's presence. The L & P statute cannot be used as a catchall to arrest a person the officer merely suspects is involved in suspicious activity. The officer must clearly state the specific actions of the defendant which meet the two essential elements of the L & P statute. In actual field practice, it is nearly impossible to make a lawful L & P arrest. Promptness of misdemeanor warrantless arrests: As provided by s. 901.15(1), if a misdemeanor is committed or attempted in the officers presence and the officer intends to make a warrantless arrest, that arrest must be made immediately after the commission of the offense as the circumstances will permit or in fresh pursuit. After an officer has witnessed a misdemeanor, it is his duty to then and there arrest the offender. Under some circumstances, there may be justification for delay, as for instance, when the interval between the commission of the offense and the actual arrest is spent by the officer in pursuing the offender, or in summoning assistance where it appears that some assistance may be necessary. City of Miami v. Crouch, 249 So.2d 739 (3rd DCA, 1971). If the officer witnesses the commission of a misdemeanor and does not make an immediate arrest, but departs on some other business or for some other reason, but later returns, the officer in most cases should not arrest the offender without a warrant. Promptness of felony arrests: The Supreme Court said in Hoffa v. United States 385 U.S. 293, 310, (1966), that the police are not required to guess at their peril the precise moment at which they have probable cause to arrest a suspect, risking a violation of the Fourth Amendment if they act to soon, and a violation of the Sixth Amendment if they wait too long. Law enforcement officers are under no constitutional duty to call a halt to a criminal investigation the moment they have the minimum evidence to establish probable cause, a quantum of evidence which may fall far short of the amount necessary to support a criminal prosecution. Therefore, a felony arrest, may be delayed, whether or not the felony was committed or attempted in the officers presence. Recognized delays accepted by the Court are as follows: law enforcement officers need to complete additional undercover investigation, a need to protect the identity of undercover agents or informants, a need to avoid alerting other suspects that arrests are forthcoming. United States v. Drake, 655 F.2d 1025 (10th Cir. 1981). Delays of this type are acceptable, provided that there is no intent to prejudice the defendants case. There is a point that can be reached where the delay is so great that fundamental fairness requirements and the accused’s constitutional right to a speedy trial could force a case to be dismissed. Intentional delays by law enforcement officers which might prejudice the offenders constitutional rights could include: a delay calculated so that the memories of witnesses might fade, a delay designed so that documents may become lost or destroyed, a delay so that a serious ill and potentially favorable witness to the defense would die before criminal proceeding begin. People v. Hall, 729 P.2d 373, 375 (Colorado 1986) Where felony arrest is delayed to accumulate multiple arrests for same conduct, such as sale of drugs.and there was sufficient evidence to warrant a prompt arrest the courts have been concerned with law enforcement engaging in sentence manipulation. "By enacting sentencing guidelines, the legislature sought to impose uniformity in sentencing. That purpose is undermined Search Seizure and Case Law 8 when law enforcement is allowed discretion to determine what a criminal's sentence will be. We therefore hold that, … a trial court has discretion to impose a downward departure sentence, when law enforcement allows a defendant to continue criminal activities for no reason other than to enhance his or her sentence. We emphasize that our holding is predicated on the fact that the sentence imposed did not go below what Steadman would have received in the absence of the sentence manipulation." State v. Steadman, 827 So.2d 1022 (3DCA 2002). Detention Seizures tantamount to arrest typically occur as a result of investigative encounters. The United States Supreme Court reviewed this issue in Florida v. Royer 460 U.S. at 497-98, (1983). In this case, narcotics agents had articulable suspicion to believe that the defendant was carrying drugs. The defendant was traveling under an assumed name, his appearance, and conduct fit a "drug courier profile" that the agents were using. Terry v. Ohio gave the narcotics agents the right to temporarily detain the defendant while they attempted to confirm or dispel their reasonable suspicions. The narcotic agents asked the defendant for his identification and to go with them to a small interrogation room away from the place they had initially stopped him. In this small room the defendant found himself alone with two police officers who identified themselves as narcotics agents and told him they suspected him of carrying illegal drugs. A critical consideration in this case is the agents kept Royer’s identification and airline ticket. Without his consent, his luggage was retrieved from the airline and brought to the small room. They never told him that he was free to go and board the airplane if he chose to do so. In fact, if he would have tried to leave the interrogation room, they would not have allowed him to go. Under these circumstances, the defendant gave the officers consent to search his luggage. The Court concluded that the conduct of the officers was more intrusive than necessary to conduct an investigative stop. The Court held that the stop was a seizure tantamount to an arrest. The officers had only articulable suspicion and not probable cause to support the initial stop. The Court held that this was an illegal seizure and the defendants consent to search of his luggage was tainted by the illegal seizure. Therefore, the search of the luggage was illegal. In a similar case, the Florida Supreme Court, Golphin v. State addressed consensual encounter during which Golphin voluntarily produced his driver's license for a records check. The officer stood in Golphin's presence and checked his identity with his lapel radio. An open warrant was found, Golphin was arrested and searched and contraband found on his person. He argued on appeal that retaining his driver's license to run a records check converted the encounter into a stop. "Moreover, at the time he was approached, Golphin was not the driver of a vehicle such that abandoning his driver's license identification to the officer's possession would subject him to penalty for violating Florida's traffic laws. Thus, theoretically, retention of Golphin's identification would not have constrained his ability to either request the return of the identification or simply end the encounter by walking into the apartment in which he was staying." Drivers Licence and the effect on Consent to Search: The Florida Supreme Court then specifically commented upon the effect the retention of the driver's license had on a request for a consent to search. "It must also be considered that the officer did not retain Golphin's identification while seeking consent to search his person or effects. While 'search' and 'seizure' are most certainly distinct concepts, retention of identification prior to seeking consent to conduct a search has factored into the analysis in some cases in which it has been determined that the entire encounter was nonconsensual." Police can convert public place consensual encounters into seizures or temporary detentions by a "show of authority" thus restraining a persons freedom of movement so that a reasonable person under the circumstances would believe that he should comply: Examples include ordering a person to remove their hands from their pockets as noted in the Harrison v. State, 627 So.2d 583 (5th DCA, 1993) and in the Johnson v. State, 610 So. 2d 581 (Fla. 1st DCA 1992) cases. Another example is the Evans v. State, 546 So. 2d 1125 (Fla 3d DCA 1989) case where an officer encountered someone sitting on a park bench at 4 A.M. and asked him to take his hands out of his pockets for officer safety. Similarly in Canion v. State, 550So. 2d 562 (Fla. 4th DCA 1989), the court determined a mere encounter between a deputy sheriff escalated to a temporary detention when the deputy demanded the subject remove his hand from his pocket. In Florida vs Royer, (S.Ct.1983) the Court said LEOs do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions. Nor would the fact that the officer identifies himself as a police officer, without more, convert the encounter into a seizure requiring some level of objective justifications. The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained even momentarily without reasonable, objective grounds for Search Seizure and Case Law 9 doing so; and his refusal to listen or answer does not, without more, furnish those grounds. If there is no detention, no seizure within the meaning of the Fourth Amendment, then no constitutional rights have been infringed. Formal Arrest: The term arrest has broad interpretations and can refer to a variety of different situations depending upon the application and the circumstances. Usually an arrest signifies the apprehension or detention of a person so that their presence in court maybe compelled for an alleged crime. In McAnnis v. State, 386 So.2d 1230 (3rd DCA, 1980), the court said that for a formal arrest to take place the following basic elements must be present: 1. Intention to arrest. The officer must intend to make the arrest under real or pretended authority. 2. An actual or constructive seizure or detention. There must be some type of actual or constructive control over the person. 3. Communication. There must be some type of communication towards the person that the officer is intending to arrest. 4. Understanding. The offender must understand that the officer intents to detain or arrest them. Investigative stops based on a bolo, flyer, or bulletin: In United States v. Hensley, 469 U.S. 221, 232, (1985), the Court said that if a flyer or bulletin has been issued on the basis of articulable facts supporting a reasonable suspicion that the wanted person has committed an offense, then reliance on that flyer or bulletins justifies a stop to check identification, to pose questions to the person, or to detain the person briefly while attempting to obtain further information.The Court recognized criminals are mobile and likely to flee across jurisdictional boundaries. The need for law enforcement officers to act promptly while relying on information received from another jurisdiction is evident. It is important that a flyer be issued based upon reasonable suspicion. A stop made based on a flyer must not be significantly more intrusive than would have been permitted by the originating agency. If at a later date it is determined that the original flyer was not founded upon reasonable suspicion, the officer making the stop would have a good faith defense in any subsequent civil suit. When deciding if there is sufficient reasonable suspicion to conduct a stop pursuant to a BOLO, factors to consider include “the length of time and distance from the offense, route of flight, specificity of the description of the vehicle and its occupants, and the source of the BOLO information”.Sapp v. State, (4DCA 2000). Moreover, “the time of day, the absence of other persons or vehicles in the vicinity of the sighting, any other suspicious conduct, and other activity consistent with guilt” may weigh into the analysis. “Whether an officer’s suspicion is reasonable is determined by the totality of the circumstances which existed at the time of the stop and is based solely on facts known to the officer before the stop.” Exantus–Barr v. State, (4DCA 2016). The courts have routinely struck down stops and the related search in those instances that the BOLO is exceedingly vague. In Sanchez v. State (4DCA 2016), the 4th D.C.A. found that the only BOLO the officer heard was for “two black males fleeing westbound from the store.” At the time of the stop, the officer had no further information about the suspects—he had received no information describing clothing or a vehicle. “In fact, as the evidence disclosed, the police were stopping every black male in the vicinity of this tragic crime. To uphold the stop, in this case, would be to allow overly generic stops in the area of a crime - i.e., all black males, all Hispanic women - a practice reminiscent of Captain Renault’s instruction in the film Casablanca to ‘Round up the usual suspects.’ The Fourth Amendment does not permit stops based on such minimal information.” The Fellow Officer Rule: The collective knowledge of police investigating a crime is imputed to each member under a rule of law often called the "fellow officer rule," (FOR) or the "collective knowledge doctrine." In Carroll v. State, 497 So.2d 253 (3DCA 1985), "Under this rule, if the officer initiating the arrest ultimately found by a court to have had probable cause to make an arrest or search, it does not matter whether the officer who carried out the directive had, on his own, a basis to determine that probable cause existed." Walker v. State, 606 So.2d 1220 (2DCA 1992). The officer relying on Fellow Officer Rule stands in the same position as the officer putting out the BOLO. If there was no probable cause to support an arrest at the time the BOLO was issued, the resulting arrest effectuated in good faith reliance upon that BOLO will not make the illegal arrest legal. "Based on the collective knowledge or fellow officer rule, an otherwise illegal arrest cannot be insulated from challenge by the fact that the arresting officer relied on erroneous radio information from a fellow officer or employee.” Rights and Immunities of Foreign Diplomatic & Consular Personnel General procedures: The vast majority of the persons entitled to the privileges and immunities in the United States are judicious in their actions and keenly aware of the significance attached to their actions as representatives of their sending country. On rare occasions, however, a member of this class or of his or her family may be involved in a criminal law violation. The more common violations involve traffic offenses Search Seizure and Case Law 10 such as illegal parking, speeding, and less frequently, driving while intoxicated. When in the course of responding to or investigating an apparent violation of criminal law, a police officer is confronted with a person claiming immunity, official Department of State identification should immediately be requested in order to verify the person's status and immunity. Should the individual be unable to produce satisfactory identification, and the situation would normally warrant arrest or detention, the officer should inform the individual that he or she will be detained until proper identity can be confirmed. This can be accomplished by contacting the appropriate Department of State office. These telephone numbers are listed at the end of this section. Traffic enforcement: Stopping a diplomatic or consular officer and issuing a traffic citation does not constitute arrest or detention and is permissible, although signature of the citation by such individual may not be required. Accordingly, a police officer should never hesitate to follow normal procedures to intervene in a traffic violation which he or she has observed, even if immunity ultimately bars any further action at the scene, the officer should always stop persons committing moving violations, issue a citation if appropriate, and report the incident in accordance with usual procedures. Sobriety tests may be offered in accordance with local procedures but may not be required or compelled. If the police officer judges the individual to be intoxicated, the officer should not (even in the case of diplomatic agents) permit the individual to continue to drive. The officer's primary concern in this connection should be the safety of the community and of the intoxicated individual. Depending on the circumstances, the following options are available. The officer may, with the individual's permission, take the individual to the police station or other location where he or she may recover sufficiently to drive. The officer may summon, or allow the individual to summon, a friend or relative to drive; or the officer may call a taxi for the individual. If appropriate, the police may choose to provide the individual with transportation. Verification of personnel (other than United Nations). During normal business hours: Current status of federal diplomatic license tags, registration, or other motor vehicle information: ...............................(202) 895-3532 Current status of Department of State drivers licenses and general licensing information: . . . (202) 895-3521 Reporting traffic incidents, accidents, issuance of citations, etc., involving diplomatic personnel: ...............................(202) 895-3521 Diplomatic agents and family members: ...............................(202) 647-1664 Administrative and technical, service staff, and families: ...............................(202) 647-1405 Consular personnel & families: ......(202) 647-1404 International organizations: ........(202) 647-1402 After normal business hours: All inquiries should be made to the Command Ctr. of the Bureau of Diplomatic Security, Department of State (24/7) : . . . . . . . . . . . . . . . . . . . . . . . . (202) 647-7277 Verification of United Nations personnel. During normal business hours: Current status of federal diplomatic license tags, registration, or other motor vehicle information: ...............................(212) 826-4500 United Nations (New York) verification information is available during normal working hours from the Host Country Section of the U.S. Mission to the United Nations: . . . . . . . . . . . . . . . . . . . . . . . (212) 415-4131 After normal business hours: All inquiries should be made to the Communications Section of the U.S. Mission to the United Nations (24/7): ...............................(212 ) 415-4444 Civil Rights - Federal Statutes Title-18 §241. Conspiracy against rights: If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or the laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured. They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subjected to imprisonment for any term of years or for life. (Amended by P.L. 100-690, §7018(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396.) Title-18 §242. Deprivation of rights under color of law: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1000 or imprisoned not more than one year, or both and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. (Amended by P.L. 100-690, §7019(a), (b)(1), Nov. 18, 1988, 102 Stat. 4396.) "Qualified Immunity" offers protection for government officials sued in their individual capacities as long as their conduct violates no “clearly established” statutory Search Seizure and Case Law 11 or constitutional rights of which a reasonable person would have known." The purpose of qualified immunity is to allow officials to carry out their discretionary duties without the fear of personal liability or harassing litigation. "Protecting from suit all but the plainly incompetent or one who is knowingly violating the federal law." To receive qualified immunity, an official must first establish that "he was acting within the scope of his discretionary authority when the allegedly wrongful acts occurred." If the official was acting within the scope of his discretionary authority the burden then shifts to the plaintiff to show that the grant of qualified immunity is inappropriate. The LEO is entitled to qualified immunity if "an objectively reasonable officer in the same situation could have believed that the force used was not excessive." Qualified immunity from suit is intended to "allow government officials to carry out their discretionary duties without the fear of personal liability or harassing litigation, protecting from suit all but the plainly incompetent or one who is knowingly violating the federal law." Confessions and Admission In Miranda v. Arizona, 384 U.S. 436, (1966), the United States Supreme Court significantly changed the boundaries which define a law enforcement officers authority to obtain confessions. In this case the defendant was arrested inside his home and charged with rape. He was taken to a police station and interrogated. While at the police station, he was confronted by a witness who identified him. The defendant was interrogated for over two hours and signed a written confession. The defendant was never informed of his right to confer with an attorney, or of his right to have an attorney present during the interrogation, or of his right not to be compelled to incriminate himself. These were the circumstances that generated the current warnings commonly called Miranda. Miranda v. Arizona embraces a wide variety of concepts that the courts have continued to define since 1964. The admissibility of any statement depends upon a voluntary wavier of constitutional rights that can not be obtained in a coercive environment. Ultimately, Miranda hinges on the proper application of four (4) concepts: 1. Custody. 2. Interrogation. 3. Warning. 4. Waiver. Custody means that a person has been deprived of his or her freedom in any significant way. Was the encounter a seizure tantamount to an arrest? See seizures tantamount to arrest, Florida v. Royer for a more complete discussion beginning on page #8. Interrogation involves the location of the interview, the intensity of the questioning, the duration and time of the interview, confronting suspect with overwhelming evidence of guilt, coercive techniques employed by the interviewer. and the amount of force being used. The editors advise using the term "Investigative Interview" in place of traditional term "Interrogation". Warnings should be given from a pre-printed Miranda card and read completely. The courts have held that the responsibility for providing a clear and concise warning that can be readily understood by the person rests with the interviewing officer. The LEO's name that read the rights card especially when the suspect is non-English speaking, must be added to the police report. Waiver must be freely and voluntarily given without coercion, deceptions, or threats. A waiver must be made with a complete understanding of the consequences associated with the decision to abandon this right. In North Carolina v. Butler, 1979 - The court specifically held oral waivers will suffice so long as it is freely and voluntarily given. The Miranda decision did not require a waiver to be in writing. What is custody? Miranda warnings should be given if the person is in custody or deprived of freedom of action in a significant way. The emphasis is on the word significant. Most courts agree that typical stops are usually brief, casual, limited in scope, and although there is a definite deprivation of a person's freedom, the extent of the stop is usually not significant in light of all other considerations. Assuming that the officer intends to interrogate the suspect and if the stop develops into a coercive and compelling atmosphere resulting in a significant deprivation of a person's freedom of action, then Miranda warnings would be required, assuming the officer intends to interrogate the suspect. For example, the police outnumber the suspects by a considerable margin, the questioning is sustained and accusatory, force is used, or other coercive factors are present, then Miranda would be required. In California v. Beheler, 463 U.S. 1121, 1125, (1983), the Court said the circumstances of each case must certainly influence a determination of whether a suspect is in custody for the purpose of receiving Miranda protection, the ultimate inquiry is simply whether a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. Question first then Miranda. In Missouri v. Seibert, 124 S.Ct. 2601 (2004), the Court analyzed a “police protocol for custodial interrogation that calls for giving no warnings of the rights to silence and counsel until the interrogation has produced a confession... the interrogating officer then follows it with Miranda warnings Search Seizure and Case Law 12 and leads the suspect to cover the same ground a second time.” The Court acknowledged that although this interrogation practice was not confined to Rolla, Missouri and apparently widespread, the question first tactic effectively threatens to thwart Miranda’s purpose of reducing the risk that a coerced confession would be admitted, and because the facts in this case do not reasonably support a conclusion that the warnings given could have served their purpose: Thus, Seibert’s postwarning statements are inadmissible.” Right to remain silent: Berghuis v. Thompkin (2010) After being properly advised of his Miranda rights the defendant remained silent, and after 3 hours made an inculpatory statement. The U.S. Supreme Court ruled the defendant must affirmatively and unambiguously assert his right to remain silent. The defendant's silence during his questioning did not invoke his right to remain silent, and thereby did not require the detective to terminate his questioning. The Supreme Court ruled, "Had Thompkins said that he wanted to remain silent or that he did not want to talk, he would have invoked his right to end the questioning. He did neither." Reinitiating contact after assertion of Miranda rights. Maryland v. Shatzer (2010) The U.S. Supreme Court ruled after an incarcerated prisoner invoked his Miranda right to counsel, police may still re-approach him with new Miranda warnings if at least two weeks had passed since he was last in an interrogation setting. The Court's theory for this ruling was that an incarcerated prisoner living in the general prison population has resumed his "normal life" and is therefore not in "custody," for Miranda purposes. Accordingly, the Court found, the coercive custodial setting in which the suspect had first received his warnings, and in response to which he invoked his right to counsel, had a chance to dissipate and no longer warranted the presumption that the police were badgering him to confess. The Court ruled that the police may reinitiate contact with the suspect even if he requested counsel initially after 14 days had elapsed. Thus, the suspect maybe re-approached on or after the 15th day. Use of non-standard Miranda rights card. Florida v. Powell (2010) Tampa police questioned the defendant after advising him of his Miranda rights, but did not utilize the standard rights form. Instead they advised Powell that he had a right to talk to a lawyer "before" answering questions, and that he can invoke his rights "at any time" during questioning. The Florida Supreme Court found that those rights did not make clear that he could have an attorney present "during" the questioning. The U.S. Supreme Court disagreed and found that the common sense understanding of the rights read to Powell communicated that he could have counsel during the interrogation. "This Court has not dictated the words in which the essential information must be conveyed. The inquiry is simply whether the warnings reasonably convey to a suspect his rights as required by Miranda." Miranda rights during a consensual encounter. Caldwell v. State (Fla. 2010). The reading of Miranda rights during a consensual encounter does not in and of itself convert the encounter into a custodial stop. The Florida Supreme Court acknowledged that Miranda warnings serve to protect the rights of a citizen during a police encounter. It is therefore a good thing that the citizen understands that responding to the officer's questions could result in him incriminating himself. "With regard to the officer's reading of Miranda warnings, we acknowledged above that the warnings might in some circumstances indicate to a reasonable person that he or she is being arrested and therefore not free to leave. Here, however, Caldwell asked the officer why he was being arrested and was specifically informed that he was not under arrest, but rather that the officer merely wanted to make sure Caldwell was aware of his rights. A reasonable person, having received this clarification, would not have believed that he was under arrest." Therefore it is strongly suggested that if Miranda rights are read during a consensual encounter that the subject be affirmatively advised that he is not under arrest. Disorderly Conduct In State v. Saunders, 339 So.2d 641 (Fla.1976), the supreme court held the First Amendment limits application of s 877.03. The court concluded the statute applies only to words which by their very utterance inflict injury or tend to incite an immediate breach of the peace, or to words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others. Absent one of these two circumstances, words alone cannot constitute disorderly conduct (s 877.03) unless the words are "fighting words" or words such as shouting “fire” in a crowded theater: Thus a subject who is just yelling obscenities / profanity at an officer, where the words are not “fighting words” or words not intended to incite an immediate breach of the peace (falsely shouting fire in crowded theater), and there is no evidence of inappropriate physical conduct toward the officer affecting the officer's ability to do his / her job, does not constitute disorderly conduct. Additionally in Barry v. State, 934 So.2 656 (Fla 2d DCA 2006) the court said there must be some evidence that the crowd is actually responding to the defendants words in some way that threatens to breach the peace. Note, the fact motorists slowed or stopped to observe a confrontation does not justify a conviction absent the elements cited above, nor does the fact, in and by itself, that a crowd gathered to watch. Vehicle Stops Search Seizure and Case Law 13 Authority to order the occupants from a vehicle: In Pennsylvania v. Mimms, 98 S.Ct. 330, 333, (1977), the Supreme Court said this additional intrusion can only be described as de minimis. The driver is being asked to expose to view very little more of his person than is already exposed. The police have already lawfully decided that the driver shall be briefly detained. The only question is whether he shall spend that period sitting in the driver's seat of his car or standing along side it. Not only is the insistence of the police on the latter choice not a serious intrusion upon the sanctity of the person, but it hardly rises to the level of a petty indignity. What is at most a mere inconvenience cannot prevail when balanced against legitimate concerns for the officer's safety. the US Supreme Court's ruling in Maryland v. Wilson, (S.Ct.1997), that held that an officer may also ask a passenger to step out of the vehicle during a traffic stop as a matter of course, without a showing of officer safety. Additionally, under same heading we should include the Court's ruling in Arizona v. Johnson, (S.Ct.2009), where the court stated, "A lawful roadside stop begins when a vehicle is pulled over for investigation of a traffic violation. The temporary seizure of driver and passengers ordinarily continues, and remains reasonable, for the duration of the stop. Normally, the stop ends when the police have no further need to control the scene, and inform the driver and passengers they are free to leave. An officer's inquiries into matters unrelated to the justification for the traffic stop ... do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the stop's duration." Routine vehicle checks and roadblocks: In Delaware v. Prouse, 440 U.S. 648, 663, (1979), the Court held that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is un-licensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment. In State v. Jones, 483 So.2d 433 (Fla. 1986), the Florida Supreme Court set forth four principal criteria for determining the validity of a DUI roadblock. The Court considered the following: 1. Whether the roadblock was conducted pursuant to a plan formulated by supervisory personnel which substantially restricted the discretion of field officers as to both operating procedures and selection of vehicles; Thus it is imperative that every officer on the roadblock be instructed on the plan; 2. Whether the roadblock procedures assured motorists safety through the use of such means as adequate lighting, warning signs, and clear - identifiable officers (visible signs of authority, according to the Court, reduced the potential for frightening motorists); 3. Whether the degree of intrusion upon motorists and length of the detention of each motorist were kept to a minimum; and 4. Whether the roadblock procedures proved significantly more effective in combating an egregious problem than other available less intrusive means. In Michigan Department of State Police v. Sitz, 110 S.Ct 2481 (1990), the United States Supreme Court upheld the validity of sobriety checkpoints against a challenge that the practice constituted an unconstitutional seizure. In that case, the Court relied on several facts: That the Michigan State Police had established guidelines requiring all vehicles passing through the checkpoint be stopped; that drivers who exhibited no signs of intoxication were released in approximately 25 seconds and that 1.5% of the drivers stopped were arrested. The United States Supreme Court said that, "In sum, the balance of the state's interest in preventing drunken driving, the extent to which this system can reasonably be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program. We therefore hold that it is consistent with the Fourth Amendment." Plain View Doctrine: Harris v. United States, 390 U.S. 234, 236, (1968), was a landmark case that set forth the requirements for plain view doctrine. The Court said that it has long been settled that objects falling into the plain view of an officer who has a right to be in a position to have that view may be introduced in evidence. There are specific requirements that must be met if an object is going to admitted into evidence at a trial. Unless these specific requirements are met, evidence obtained will be subject to suppression. Over a period of many years the courts have defined the concept of The Plain View Doctrine to meet these specific requirements: 1. The officer must have a legal right to be at the place where the observation is made. 2. There can be no unreasonable intrusion into the person's reasonable expectation of privacy. 3. The officer must actually observe the item of evidence. 4. The item of evidence must be lying in plain view. 5. The officer must have probable cause to believe that the item is evidence subject to seizure. Warrantless vehicle searches: In Carroll v. United States, 267 U.S. 132, (1925), Federal prohibition agents had information that Carroll was a boot-legger and that Search Seizure and Case Law 14 he frequently traveled a specific highway in a specific vehicle. After receiving this information, the agents unexpectedly encountered Carroll driving his vehicle on the highway. The officers pursued and stopped the vehicle. The agents performed a warrantless search of the vehicle and found several bottles of illegal liquor concealed in the automobiles upholstery. In this case the agents had not obtained a search warrant prior to conducting the vehicle search. In considering this case, The U.S. Supreme Court established The Carroll Doctrine that sometimes referred to as the automobile exception to the search warrant requirement. Courts recognize that motor vehicles have certain unique characteristics that include but are not limited to: Mobility, its use by criminals for transportation, its use in the transportation of stolen property / evidence / contraband, it travels upon public streets therefore the occupants and the contents that are in plain view have a lesser expectation of privacy, it seldom serves as a place of permanent residence, states required licenses and registration for operation, its operation upon public streets is subject to traffic regulations and official inspections, and it is subject to seizure for investigative purposes. The Court recognizes that automobiles are different from homes primarily by the fact that they are readily moveable. As an everyday occurrence, police lawfully stop motor vehicles for the purpose of examining: license plate(s), inspection sticker(s), or the enforcement of other traffic violations. The exigent circumstances present in the Carroll case were later enhanced by the Ross and Belton decisions. United States v. Ross 102 S.Ct. 2157 (1982), embraces the same principles as the Carroll Doctrine and defines the permissible scope of a search. In Ross, the Court said the scope of the warrantless search authorized by the Carroll Doctrine exception is no broader and no narrower than a magistrate could legitimately authorize by warrant. If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of that vehicle and its contents that may conceal the object of the search . Thus, probable cause that a vehicle is transporting a bale of marijuana would not authorize the search of the glove compartment. In Ross, police officers had probable cause to believe that the vehicle contained narcotics and lawfully stopped the vehicle. The officers conducted a warrantless search of the vehicle and its contents based upon probable cause. During the search, a closed brown paper bag and a zippered leather pouch were discovered. The officers discovered heroin in the paper bag and a large amount of money in the zippered pouch. The scope of a search must be based upon the object of the search. The Court held that the search in this case was legal. The Court continued by stating that “The scope of a warrantless search of an automobile thus is not defined by the nature of the container in which the contraband is secreted. Rather, it is defined by the object of the search and the places in which there is probable cause to believe that it may be found.” Just as probable cause to believe that a stolen lawn mower may be found in a garage will not support a warrant to search an upstairs bedroom, probable cause to believe that undocumented aliens are being transported in a van will not justify a warrantless search of a suitcase. Probable cause to believe that a container placed in the trunk of a taxi contains contraband or evidence does not justify a search of the entire cab. Searching containers in vehicles incident to arrest: The United States Supreme Court has withdrawn its opinion in New York v. Belton, 453 U.S. 454, (1981), that held when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile. On April 21, 2009, the U.S. Supreme Court issued an opinion in Arizona V. Gant (S.Ct.2009) that significantly restricts law enforcement's ability to search a vehicle incident to the arrest of an occupant. The facts in Gant involved an arrest for a suspended driver's license, made in the presence of five police officers, in the defendant's driveway. After Gant was secured in a police car, officers returned to his car where a search of his jacket revealed drugs. In Gant, the Court has receded to their original pronouncement of "search incident to arrest" made in Chimel v. California in 1969. That case limited the arrest search to the "wing span" test, or the area the arrestee could lunge at to destroy evidence or acquire a weapon with which to harm the officer. The Court said, “Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.” There are numerous other Fourth Amendment automobile exceptions to the search warrant requirement that are still available to law enforcement despite the limitations imposed by the Gant decision: 1. Consent - LEOs may conduct a warrantless search of a vehicle if an individual with actual or apparent authority voluntarily consents to the search. 2. Vehicle Frisk - The U.S. Supreme authorized a "frisk" of a vehicle where the officers could articulate reasonable suspicion that the driver/occupant poses a threat of harm to him. See, Michigan v. Long, page 3. Search Seizure and Case Law 15 3. Probable Cause - If there is probable cause to believe a vehicle contains evidence of criminal activity, the Court authorizes a search, without a warrant, of any area of the vehicle in which the evidence might be found. In other words if there is sufficient probable cause to support a search warrant, the automobile exception authorizes a search without one. 4. Plain View - When a LEO has a vehicle stopped pursuant to a lawful traffic stop, the deputy may step forward to look into the vehicle. Any contraband in open view is subject to seizure. The officer must support the identification of the contraband based upon his/her prior experience, knowledge and training. 5. Traffic Stop - The Supreme Court has held that police may order persons out of an automobile during a traffic stop for officer safety. Once the driver and occupants are out of the vehicle the plain view doctrine would authorize the seizure of all contraband in plain view. Further, the LEO may frisk those persons for weapons if he can articulate reasonable belief that they are armed and dangerous. 6. Inventory Search - The Supreme Court has recognized that when vehicles are impounded, local police departments generally follow a routine practice of securing and inventorying the automobiles' contents. To justify an inventory search, the department must have a written policy requiring it, and the results of the search should be entered on a department issued form. See PBSO G.O. 504.02(II)(D). 7. Community Caretaking - The Supreme Court has enunciated the general rule that when police are engaged in "community caretaking functions, totally divorced from the detection, investigation and acquisition of evidence relating to the violation of a criminal statute," the normal probable cause standard and warrant requirement are not in play. Vehicle accidents present one such occasion. Police will also frequently remove and impound automobiles which violate parking ordinances and which thereby jeopardize both the public safety and the efficient movement of vehicular traffic. Accordingly, a LEO coming upon a stranded vehicle stuck in the sand, or an unresponsive (unconscious, drunk, dead, heart attack, etc.) individual inside a motor vehicle may enter the vehicle to render aid as necessary, and any evidence of a crime or contraband observed in open view may be seized. The 5th D.C.A. in Brown v. State (2009) found the search of the defendant's vehicle lawful even when interpreted by the Gant decision. "Here, [Defendant's] offense of arrest was theft, an offense for which police could 'expect to find evidence.' Therefore, unlike the facts in Gant where the arrest was for a traffic violation, the search in Brown was justified as an incident to the arrest for the purpose of 'gathering evidence' of the crime of theft. Example: You arrest the driver of a motor vehicle based on a BOLO for a recent armed robbery, you can search the interior of the vehicle for the gun and money. Inventory searches: South Dakota v. Opperman, (S.Ct.1976) involved the warrantless inventory search of a lawfully impounded vehicle. The Carroll Doctrine allows an exception to the search warrant requirement based upon exigent circumstances (vehicle mobility). When a vehicle has been lawfully impounded by a law enforcement officer the exigent circumstances are significantly diminished. In most cases, the courts would require that a search warrant be obtained prior to the search of the impounded vehicle. South Dakota v. Opperman addressed the issue of a limited inventory search when a vehicle has been lawfully impounded. The Court said that a limited search is allowed to protect the following: 1. The owner's property while it is in police custody. 2. The police against claims or disputes over lost or stolen property. 3. The police from potential danger. South Dakota v. Opperman does not permit an officer to circumvent the requirements of The Fourth Amendment by selectively searching certain lawfully impounded motor vehicles. This case requires that the agency have standard operating procedures in effect addressing the routine inventory of lawfully impounded motor vehicles. The results of the inventory search should be documented on a departmental issued inventory search form. This is consistent with other Federal and State court decisions pertaining to inventories. The Court said that inventories pursuant to standard police procedures are reasonable. Search incident to an arrest In 1969 the Court significantly changed the area allowed to be searched incident to the arrest of an individual. In Chimel v. California, 395 U.S. 752, 762-63, the Court said that when an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape. Otherwise, the officer's safety might well be endangered, and the arrest itself frustrated. In addition, it is entirely reasonable for the arresting officer to search for and seize any evidence on the arrestee's person in order to prevent its concealment or destruction, and the area into which an arrestee might reach in order to grab a weapon or evidentiary items must, of course, be governed by a like rule. A gun on a table or in a drawer in front of one who is arrested can be as dangerous to the arresting officer as one concealed in the clothing of the person arrested. There is ample justification, therefore, for a search of the Search Seizure and Case Law 16 arrestee's person and the area within his immediate control, construing that expression to mean the area from within which he might gain possession of a weapon or destructible evidence. Prior to this decision, an officer making an arrest was allowed to search the area considered to be in the "possession of" or under the "control of" the arrested person. This was frequently interpreted by law enforcement officers in a very liberal sense. If a law enforcement officer felt that it was going to be inconvenient or troublesome to obtain a search warrant from a magistrate founded upon probable cause, then the officer would attempt an arrest in the persons home and search the entire residence incident to that arrest. Chimel v. California established limits where a search is conducted incident to arrest. In 1991 the U.S. Supreme Court decided California v. Acevedo, (S.Ct.1991), and thereby receded from its prior rulings in U.S. v. Chadwick, (S.Ct.1977), and Arkansas v. Sanders, (S.Ct.1979), which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained." The decision also overruled the Chadwick-Sanders distinction which previously held that, if probable cause existed to search an automobile, the police may perform a warrantless search of the automobile and the containers within it, but if the police only had probable cause to search a container in the automobile, the police first had to obtain a search warrant before searching the container. "Until today, this Court has drawn a curious line between the search of an automobile that coincidentally turns up a container and the search of a container that coincidentally turns up in an automobile. The protections of the Fourth Amendment must not turn on such coincidences. We therefore interpret Carroll as providing one rule to govern all automobile searches. The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained." (See, California v. Acevedo.) Constructive Possession: General Rule: Where a defendant is not in actual physical possession of contraband (guns, drugs, child porn, etc.) the State must prove constructive possession. "Mere proximity to contraband is not enough to establish dominion and control." Requirements to Prove Constructive Possession: Constructive possession exists when a defendant does not have physical possession of contraband but, the State can prove he: 1. Knows it is within his presence; and 2. Has the ability to maintain control over it; and 3. Knows the illicit nature of the contraband. See, C.O. v. State, 785 So.2d 629 (2DCA 2001) Exclusive Possession: If the area in which contraband is found is within the defendant's exclusive possession, then his "guilty knowledge of the presence of the contraband, together with his ability to maintain control over it, may be inferred." However, the inference may be rebutted with other evidence (such as co-occupant testimony). Joint Possession: If contraband is found in a place that is in joint, rather than exclusive, possession of a defendant, then knowledge of the contraband's presence and the ability to control it will not be inferred from the accused's ownership of the premises or presence near the contraband, but must be established by independent proof. Example: Three persons in a vehicle with one gun hidden under a seat does not support the arrest of any one without additional evidence, such as statements, fingerprints or DNA. "The guns were not visible from the front passenger seat. None of the weapons were registered to Smith. There were no fingerprints on the guns or any other evidence [DNA] that Smith had handled or was aware of the location of the guns. Knowledge of the presence of a firearm within a vehicle cannot be presumed from joint possession of the vehicle. Therefore we reverse Smith's conviction for carrying concealed firearm." Smith v. State, 687 So.2d 875 (2DCA 1997). Proximity to Contraband: The evidence must establish the defendant's conscious and substantial possession, as distinguished from mere involuntary or superficial possession, of contraband. Usually applies to guests in house. "Our review of the record compels us to conclude that the State failed to present sufficient evidence that Edison had control over the cocaine. As a preliminary consideration, because there was no evidence that Edison was the owner or an occupant of the residence, the court could not infer that he had the ability to control the cocaine simply because it was in plain view in the common areas." Joint Occupancy - Plain View: "Joint occupancy, with or without ownership of the premises, where contraband is discovered in plain view in the presence of the owner or occupant is sufficient to support a conviction for constructive possessionBrown v. State, 428 So.2d 250 (Fla. 1983). Joint Occupancy - Hidden From View: However, constructive possession may not be inferred from joint occupancy alone, and that the joint occupant knew of the presence of the hidden illegal substance and also had control of it. The court held that under such Search Seizure and Case Law 17 circumstances, there must be independent evidence presented to establish co-tenant's knowledge and control. Sparto v. State, 179 So.2d 873 (2DCA 1965). Contraband Found in Public Area: "Mere proximity to contraband found in a public place and in the vicinity of several individuals does not warrant a finding that a law enforcement officer had probable cause to believe that the person or persons closest to the contraband possessed it. Tarver v. State, 961 So.2d 1094 (2DCA 2007). Circumstantial Evidence: The reason these cases are difficult to prove is due to the circumstantial evidence jury instruction. Because the accused is not found in actual possession of the contraband the evidence is circumstantial that he possessed it. If he can verbalize a reasonable hypothesis of innocence the jury must acquit. "Where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence." Hot pursuit In United States v. Santana, 49 L.Ed.2d 300 (1976), the Court considered the hot pursuit of a suspect into their residence. In this case, police officers had received information that the defendant had possession of marked money used by a narcotics agent to make a buy. The officers drove to her house where they observed her standing in the doorway holding a brown paper bag. The officers drove up to her and were within fifteen feet when they got out of the car shouting “Police”. The officers pursued the defendant into the vestibule of her house where she was apprehended. The defendant resisted the apprehension and during the process envelopes containing heroin fell to the floor from the paper bag she was carrying. The officers also found that she was in possession of a portion of the marked money. In this case, the Court held that standing in the doorway of a house is considered a public place for purposes of the Fourth Amendment. There is no expectation to privacy where you are exposed to public view, speech, touch and hearing. When the officers began the arrest, it was the same as if they intended to make a warrantless arrest based upon probable cause in a public place. Entering into a person's home Entry into a suspect's home:In Dunaway v. New York, (S.Ct.1979), the police lacked probable cause to arrest Dunaway but picked him up from his home for questioning. He was removed from his home, but not arrested, nor allowed to leave the police station, but did receive Miranda warnings. The Court held that the police "violated the Fourth and Fourteenth Amendments when, without probable cause, they seized petitioner and transported him to the police station for interrogation." Any later evidence developed would be subject to suppression as "fruit of the poisonous tree." Further, the U.S. Supreme Court in Hayes v. Florida, (S.Ct.1985), reversed a conviction where the 2nd D.C.A. had ruled that despite the absence of probable cause to arrest, police could transport Hayes to the police station for the purpose of obtaining his fingerprints. The Supreme Court ruled, "And our view continues to be that the line is crossed when the police, without probable cause or a warrant, forcibly remove a person from his home or other place in which he is entitled to be and transport him to the police station, where he is detained, although briefly, for investigative purposes." A warrantless non-emergency arrest of a suspect at his or her home is presumed illlegal. See Welsh v. Wisconsin, (S.Ct.1984) (before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries); In Payton v. New York, 63 L.Ed.2d at 661, the Court held that without exigent circumstances or consent, a law enforcement officer may not make a warrantless entry into a suspect's home in order to make a routine felony arrest. The Court said that Fourth Amendment guards against improper entry into a person's home and that it was intended to protect people against needless and excessive intrusions. The Court expressed a preference for arrest warrants and said that the arrest warrant requirement was sufficient to interpose the magistrate's determination of probable cause between a zealous officer and a citizen. The Court went on to say that an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. The 11th Circuit Court of Appeals (Federal) has found that entry into a dwelling without a warrant, consent, or exigent circumstances to be a violation of the Fourth Amendment. As such a deputy doing so will be denied qualified immunity for his actions in a federal civil rights lawsuit brought by the arrestee for violating the individual’s constitutional rights There is no authority given to a police officer to enter a suspect's home to effect a warrantless arrest for a misdemeanor. See Johnson v. State, 395 So.2d 594 (2DCA 1981) (under state law, there is simply no authority given to a police officer to enter a building to effect a warrantless arrest for a misdemeanor, especially where the building to be entered is a person's home).. Search Seizure and Case Law 18 Entry into a third persons home: In Steagald v. United States, (6 L.Ed.2d 38 (1981), the Court said that without exigent circumstance or consent, an arrest warrant does not allow a law enforcement officer to enter the home of a third person to search for the person named in the arrest warrant. Therefore, if an officer intends to search the home of a third person for someone named in an arrest warrant (absent exigent circumstances or consent), the officer must obtain a search warrant to search that home for the person to be arrested. Reference Documents and Procedures 19 The following pages contain procedures on BOOKING PROCEDURES, CASE FILING CRITERIA & QUICK REFERENCE GUIDES. Filing of a Warrant / Capias and Arrests 20 Booking Procedures The Palm Beach County Sheriffs Office (PBSO) Corrections Division operates a variety of facilities throughout Palm Beach County to receive and detain persons under arrest. Locations of major facilities are: Main County Jail / Detention Facility Palm Beach County Criminal Justice Complex 3228 Gun Club Road, West Palm Beach, Fl. 33406 Inmate Records (561) 688-4340 Administration (561) 688-4400 Juvenile Assessment Center (JAC) 1100 45th Street, Bldg A West Palm Beach, Fl. 33407 (561) 840-4810 West County / Detention Center 38811 James Wheeler Way Belle Glade, FL 33430-5617 Inmate Records (561) 992-1282 Administration (561) 992-1434 When booking prisoners, Law Enforcement Officers will encounter 2 types of prisoners (adult, or juvenile). The type of the offense (felony, misdemeanor, D.U.I. or warrant) and the geographical location of the arrest will determine the booking facility used. Male Adults Felony: Adult felony arrests are booked and processed at the Main Jail: If the arrest occurred west of twenty (20) mile bend or in Districts 8 (Wellington), 9 (Royal Palm Beach) or 15 (Acreage/Loxahatchee), book and process at the West County Jail. For Districts 8, 9 & 15, extenuating circumstances may allow for booking at the Main Jail with Supervisor approval. Adult felony arrests are booked and processed at the Main Jail: If the arrest occurred west of twenty (20) mile bend, book and process at the West County Jail. Misdemeanor: Adult misdemeanor arrests are booked and processed at the Main Jail: If the arrest occurred west of twenty (20) mile bend or in Districts 8 (Wellington), 9 (Royal Palm Beach) or 15 (Acreage / Loxahatchee), book and process at the West County Jail. For Districts 8, 9 & 15, extenuating circumstances may allow for booking at the Main Jail with Supervisor approval . General Order (G.O.) 531.00 lists procedures related to making a physical arrest and booking misdemeanor prisoners. D.U.I. Adult Arrests (Misd.) Generally, all D.U.I. arrests are booked and processed at the Main Jail: However, if the arrest took place west of twenty (20) mile bend and a breath alcohol technician is on duty in the West County Jail, book and process the D.U.I. at the West County Jail. Juvenile Arrests Felony: All juvenile felony arrests are booked and processed at the Juvenile Assessment Center (JAC) unless the juvenile has been adjudicated as an adult; then book and process at the Main Jail. Note: The JAC does not accept the following: 1. Truants, take to the nearest TIPS center. 2. Runaways, take to Safe Harbor or similar facility. 3. Dependants, take to a facility after calling the telephone number found on the pick up order (if in doubt call the JAC). Misdemeanor: Juvenile misdemeanor arrests are usually released to a Parent or Guardian with a juvenile referral form / report. (See Fingerprinting of Juveniles below for a list of exceptions). If a parent or guardian can not be contacted, these cases are handled on a case by case basis pursuant to current JAC procedures. G.O. 513.03 lists procedures for processing a juvenile referral form / report. (Moved) Fingerprinting of Juveniles: FSS 985.11(1)(a) states, “A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a). FSS 985.11(1)(b) also states “Unless the child is issued a civil citation or is participating in a similar diversion program pursuant to s. 985.12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(b):” 1. Assault, as defined in s. 784.011. 2. Battery, as defined in s. 784.03. 3. Carrying a concealed weapon, as defined in s. 790.01(1). Reference Documents and Procedures 21 4. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1). 5. Neglect of a child, as defined in s. 827.03(1)(e). 6. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a). 7. Open carrying of a weapon, as defined in s. 790.053. 8. Exposure of sexual organs, as defined in s. 800.03. 9. Unlawful possession of a firearm, as defined in s. 790.22(5). 10.Petit theft, as defined in s. 812.014. 11.Cruelty to animals, as defined in s. 828.12(1). 12.Arson, resulting in bodily harm to a firefighter, as defined in s. 806.031(1). 13.Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s. 790.115. Juvenile Warrants Felony: Male and female juvenile felony warrant arrests are booked and processed at the JAC. Occasionally, circumstances such as court orders and policy updates may dictate another placement for the juvenile, but almost every case goes to the JAC. Misdemeanor: In most cases the juvenile arrest will be booked at the JAC. If in doubt, contact the JAC for placement instructions. D.U.I. Juvenile Arrests (Misd.) Juvenile D.U.I. arrests are tested at the Main Jail, then booked at the JAC. If the arrest occurred west of twenty (20) mile bend and a breath alcohol technician is on duty in the West County Jail, then conduct the D.U.I. test at the West County Jail. After D.U.I. testing, circumstances may justify releasing the juvenile to a parent or guardian. If unable to contact a parent and considering the booking of an intoxicated juvenile into the JAC, be prepared to go for a prolonged medical clearance procedure at a hospital emergency room. (Hint: find a parent / guardian) Filing Cases Law enforcement officers will encounter two (2) types of cases to file (in custody arrests and warrant / capias applications). PBCSAO no longer requires filing appointments. All cases should be filed with the PBCSAO by sending them by inter- office mail directed to the Court Liaison. PBSO employees should direct inter-office mail to the PBSO Court Liaison Unit after review and approval by a Supervisor. The Court Liaison Unit routes cases to the appropriate agency for processing and logs the cases sent. Adults - In Custody Arrests Felony: After the prisoner has been booked into the appropriate facility, the arresting or filing officer is responsible for supplying the PBCSAO either by E-file into STAC or paper copy via the Court Liaison Unit, after review by a Supervisor with the following paperwork within seven (7) days of the arrest: 1. Rough arrest and probable cause affidavit, one copy, with original Deputy signature and notarized/sworn to signature. (Provided to the jail at time of booking. Copy in filing packet doesn’t need to be an original.) 2. Offense / crime reports and supplements one copy. Including reports from any/all other agencies involved). 3. Criminal history from FCIC / NCIC is no longer required from Deputy - provided by Booking 4. Complete witness / evidence list form is no longer required if the items/information that would be found on the Witness/Evidence list are/is completely entered into the Offense Report 5. PBSO Filing Informational Receipt & Coversheet or E-File coversheet reviewed and approved by a Supervisor. The receipt will be stamped & returned by the Court Liaison Unit for the Deputy’s records. 6. Sworn Victim and Witness Statements – written or taped. 7. 911 recording and CAD. (PBSO only keeps these for 90 days so request promptly.) 8. Photos (scene, victim injuries, stolen property, etc.) 9. DVD’s/CD’s (in car videos, recorded statements, surveillance footage, etc.) marked with the Deputy’s name, case number, defendant’s name, description/type of content and noted with times of criminal conduct or statement. 10.Defendant’s Statement (In Car Video or taped statement) 11.Property Receipts 12.Other relevant documents (tracking citations, pawn transaction forms, photo line up’s, checks/bank records, auto theft affidavits, lab test results, receipts stating value of stolen items, domestic notification form, domestic supplement form, etc.) Filing of a Warrant / Capias and Arrests 22 All items must be legible, complete and translated into English. PBSO resources, such as Evidence, Records, Photo Lab, Court Liaison, etc. may be utilized for assistance but it is ultimately the Deputy’s responsibility to ensure cases are filed timely/appropriately. For cases with multiple defendants, EACH defendant must have their own Rough/PC along with copies of any/all of the additional items above. Attaching multiple defendant’s Rough’s/PC’s to only one copy of supplemental information is not acceptable. Certain items are considered “Evidence” and should not be submitted to the State in original form. Submit the original to Evidence or Records, then submit a copy to the State. (For Example: original photo line-up, surveillance video, photos, etc.) E-filing/STAC should be utilized to file Arrest packets but is not required. Paper packets are still acceptable under certain circumstances. If the case is not found in STAC, causing the Deputy to be unable to upload on a timely basis, send a paper packet or contact the Court Liaison for assistance. When utilizing e-file/STAC, certain items may not be able to be uploaded (large video/audio files, files from unsupported applications). Send these items separately via Court Liaison marked as indicated above. Cases over 40 pages may be separated into their components and the pieces uploaded as individual items. In STAC, an "O" as the Case Status indicates an open case. If the case status reads, "C", your case has been closed or disposed of, and your filing packet is not necessary. Advise your Supervisor of this via email and contact the Court Liaison. Misdemeanor (N.T.A.): The arresting officer is responsible for submitting to the Clerk of the Court, via the Court Liaison Unit after review and approval by a Supervisor, the following documents within seven (7) days of the arrest: 1. Directly Booked into the Jail: The Jail will retain three copies of the Rough Arrest and Probable Cause Affidavit during the booking process. The arresting officer is not required to submit any additional paperwork. 2. Released at the Scene (N.T.A.): The arresting officer is required to submit two (2) copies of the Rough Arrest and Probable Cause Affidavit, with original Signatures (including the notary/swear to signature), to the Clerk via the Court Liaison Unit, after review and approval by a supervisor. For certain offenses, additional items may be included. Juveniles - In Custody Arrest Felony: After booking, the arresting or filing officer must provide the PBCSAO Juvenile Division either by E-file into STAC or paper copy via the Court Liaison Unit, after review and approval by a Supervisor with the following paperwork within seven 7 days following the arrest: 1. If the juvenile is turned over to the JAC, three (3) copies of the Rough Arrest / Referral form and the Probable Cause Affidavit with original Deputy signature and notary/swear to signature shall remain at the facility. 2. The arresting officer shall submit a filing packet that includes a copy of the Rough Arrest / Referral form and the Probable Cause Affidavit along with the same applicable items as an Adult Felony Packet (do not print/submit Criminal Histories for Juveniles) to the Court Liaison Unit after review and approval by a Supervisor for submission to the State Attorney’s Office. 3. If the juvenile is turned over to a parent/guardian, the arresting officer shall submit three copies of the Rough Arrest / Referral form and Probable Cause Affidavit with original Deputy signature and notary/swear to signature in a filing packet (instead of one copy) along with the same applicable items as an Adult Felony Packet to the Court Liaison Unit after Supervisor review and approval for submission to the State Attorney’s Office. Remember not to assign a Court Date on a Juvenile Referral Report/NTA (except for traffic cases). Misdemeanor non (D.U.I.): After the juvenile has been released to a parent/guardian or processed through the JAC, the arresting or filing officer must provide the Court Liaison Unit, after review and approval by a Supervisor, the following paperwork within seven 7 days of the arrest for routing either to the JFO Program or the State Attorney’s Juvenile Division: Reference Documents and Procedures 23 Three copies of the Rough Arrest /Juvenile Referral Report form and, three copies of the Probable Cause Affidavit, all with original Deputy signatures and notary/swear to signatures along with the same applicable items as an Adult Felony Packet. Warrant / Capias / Summons for Adults (Fel. & Misd.) The filing officer is responsible to supply the PBCSAO via the Court Liaison Unit, after review and approval by a Supervisor with the following paperwork: 1. Two (2) copies of the Rough arrest and probable cause affidavit both with original Deputy signatures and notary/swear to signatures. 2. Offense / crime report and supplements (one copy). This includes reports from any other agencies. 3. Suspects criminal history report from FCIC / NCIC. 4. Complete witness / evidence list form is no longer required if the items/information that would be found on the Witness/Evidence list are/is completely entered into the Offense Report, PBSO Filing Informational Receipt & Coversheet reviewed and approved by a Supervisor. The receipt will be stamped & returned by the Court Liaison Unit for the Deputy’s records. 5. Sworn Victim and Witness Statements – written or taped. 6. 911 recording and CAD. (PBSO only keeps these for 90 days so request promptly.) 7. Photos (scene, victim injuries, stolen property, etc.) 8. DVD’s/CD’s (in car videos, recorded statements, surveillance footage, etc.) marked with the Deputy’s name, case number, defendant’s name, description/type of content and noted with times of criminal conduct or statement. 9. Other relevant documents (pawn transaction forms, photo line up’s, checks/bank records, auto theft affidavits, lab test results, receipts stating value of stolen items, domestic notification form, domestic supplement form, etc.) All items must be legible, complete and translated into English. PBSO resources, such as Evidence, Records, Photo Lab, Court Liaison, etc. may be utilized for assistance but it is ultimately the Deputy’s responsibility to ensure cases are filed timely/appropriately. For cases with multiple defendants, EACH defendant must have their own Rough/PC along with copies of any/all of the additional items above. Attaching multiple defendant’s Rough’s/PC’s to only one copy of supplemental information is not acceptable. Certain items of “Evidence” should not be submitted to the State in original form. Submit the original to Evidence or Records, then submit a copy to the State. (For Example: original photo line-up, surveillance video, photos, etc.) Warrant requests are not able to be efiled/uploaded to STAC. For Walk-Thru Warrants, remember that the Judges are usually at lunch from 12-1:30 and the Clerk closes at 4pm. Bring your documents on a flash drive in case they need editing. STAC Access The State Attorney’s STAC program allows for electronic filing of arrest cases in lieu of paper filing packets. Warrants are not eligible for upload to STAC. To utilize obtain permission to STAC, you must first have read and signed the STAC User Agreement (UA001 – E-filing; STAC) in PowerDMS. If you are a Supervisor needing STAC access, read and sign UA002 – E-filing; STAC instead. To apply for STAC access, request a new account via the State Attorney's I.T. Help Desk at ITHELP@sa15.org or contact the PBSO Court Liaison. The State will request proof from PBSO Staff Inspections that you have signed the User Agreement before creating your account. After approving you for an account, they will email you a temporary password. Login to the STACweb program by clicking the link on the portal page using your PBSO email address as the User Name and change your password to activate your new account. For specific instructions on how to use STAC, see the STAC E-File Instructions on the Court Services Block of the portal page or contact the Court Liaison. Time restrictions for accounts: 1. If there has been no activity on the account for 60 days, the account becomes inactive. Send an email to ITHELP@sa15.org for a reset. Filing of a Warrant / Capias and Arrests 24 2. If no activity for 90 days, the account may be deleted. Send an email to ITHELP@sa15.org to have the account reestablished. No need to sign the user agreement again. 3. When an account is created or reset or a password is reset, the user must log into the account within 48 hours or the default password will expire. (if more than 48 hours have passed before you activate your account, try the password first before requesting another one from the State). Again, submit an ITHELP@sa15.org to have the password reset. For instructions on how to scan paperwork into STAC, review the How To Scan your Efile Packet for STAC powerpoint instructions on the Court Services Block of the Employee Portal or contact the Court Liaison for assistance. D.U.I. - In Custody Arrests Breath misdemeanor cases (adults & juveniles): After the prisoner has been booked and within three (3) days of the arrest, the arresting officer is must provide the PBCSAO D.U.I. Intake Division and the Department Highway Safety and Motor Vehicles (DHSMV) the following paperwork: Paperwork completed at the breath testing facility by PBSO members will be sent or efiled to the PBCSAO D.U.I. Intake Division, DHSMV and Central Records by the BAT on the PBSO employee’s behalf. PBCSAO D.U.I. Intake Division receives (forwarded by BAT): 1. Offense, crime & supplemental reports.{5Include reports from other agencies. If these items are not readily available and must be forwarded at a later date, send via Court Liaison.} 2. The D.U.I. report (P. C.). {Usually hand written by the arresting officer before leaving the D.U.I. testing facility} 3. Rough arrest and probable cause affidavit with original signatures. 4. Criminal history report from FCIC / NCIC. [Adults only – not for Juveniles. If sent later, send via Court Liaison] 5. If applicable, copy of the crash report. 6. A copy of the chemical test report and everything that would apply. 7. Photocopies of all traffic citations, (Especially the D.U.I. citation) 8. Filing package receipt form. DHSMV receives (forwarded by BAT): 1. Blue Copy of the D.U.I. Citation (Usually has the drivers license attached) 2. DHSMV transmittal sheet. 3. Copy of the D.U.I. report. 4. Copy of technician’s certification. 5. Affidavit of test results. 6. Probable cause affidavit with original signatures. 7. Filing package receipt form. 8. Refusal form with original signature. (If applicable) Blood misdemeanor cases (adults & juvenile): The arresting officer is responsible for supplying the PBCSAO D.U.I. Intake Division and the DHSMV the following paperwork within two weeks of the arrest: Paperwork completed at the breath testing facility by PBSO Deputies will be sent or efiled to the PBCSAO D.U.I. Intake Division, DHSMV and Central Records by the BAT on the Deputy’s behalf.) PBCSAO D.U.I. Intake Division receives (forwarded by BAT): 1. The probable cause affidavit with original signatures. 2. Supplemental additional probable cause affidavits. 3. Rough arrest form. 4. Complete witness list. 5. The implied consent / constitutional rights form. 6. The question / answer. 7. Toxicology lab results sheet. (Copy) 8. Request for blood test. (Copy) 9. Certificate of blood draw (Copy) 10.Certificate of blood analysis. (Copy) 11.Toxicology information sheet. (Copy) 12.Property receipt. (Copy) 13.If applicable, crash report. (Copy) 14.All offense reports. 15.Traffic citations. (Copy) 16.D.U.I. citation. (Photocopy) 17.Transmittal form. (White copy) 18.Refusal form. (Photocopy) 19.Filing package receipt form. DHSMV receives (forwarded by BAT): 1. The probable cause affidavit with original signatures. 2. Supplemental additional probable cause affidavits. 3. Rough arrest form. 4. Complete witness list. 5. The implied consent / constitutional rights form. Reference Documents and Procedures 25 6. The Q & A form. 7. Toxicology results sheet. (Original) 8. Request for blood test. (Original) 9. Certificate of blood draw (Original) 10.Certificate of blood analysis. (Original) 11.Toxicology info. sheet. (Original) 12.Property receipt. (Copy) 13.If applicable, crash report. (Copy) 14.All offense reports. 15.Traffic citations. (Copy) 16.D.U.I. citation. (Blue copy) 17.Transmittal form. (Yellow copy) 18.Drivers license, if available. 19.Refusal form, (if applicable) with original signatures. (Original) 20.Filing package receipt form. Reference Documents and Procedures 26 Address & Telephone Numbers for Palm Beach County Agencies. Sheriff’s Office (Districts) Headquarters - Administration Criminal Justice Complex 3228 Gun Club Road West Palm Beach, Fl. 33406 (561) 688-3000 District 1 - West Palm Beach 3228 Gun Club Road West Palm Beach, Fl. 33406 (561) 688-3600 District 2 - Mangonia Park 1755 East Tiffany Drive Mangonia Park, FL 33407 (561) 848-2513 District 3 - North County North County District Complex 8130 Jog Road West Palm Beach, Fl. 33412 (561) 688-4900 District 4 - West Delray Beach 14925 Cumberland Drive Delray Beach, Fl. 33446 (561) 688-4760 District 5 - West County 38840 State Road 80 Belle Glade, Fl. 33430 (561) 996-1678 District 6 - West Boynton Beach 7894 South Jog Road Boynton Beach, Fl. 33467 (561) 688-4860 District 7 - West Boca Raton 17901 U.S. Hwy. 441 Boca Raton, Fl. 33498 (561) 687-6510 District 8 - Wellington 14000 Greenbriar Blvd Wellington, Fl. 33414 (561) 688-5447 District 9 - Royal Palm Beach 11498 Okeechobee Blvd. Royal Palm Beach, Fl. 33411 (561) 790-5180 District 10 - Lake Park 700 6th Street Lake Park, Fl 33403 (561) 881-3326 District 11 - South Bay 335 S.W. 2nd Avenue South Bay, Fl 33493 (561) 996-6511 District 12 - Pahokee 38840 S.R. 80 Belle Glade, Fl 33430 (561) 992-1461 District 13 - Belle Glade 38840 S.R. 80 Belle Glade, Fl 33430 (561) 992-1265 District 14 - Lake Worth 120 North “G” Street Lake Worth, Fl. 33460 (561) 586-1611 District 15 - Loxahatchee / Acreage 200 Civic Center Way, Suite #300 Royal Palm Beach, Fl 33411 (561) 687-6800 District 16 - Greenacres 2995 South Jog Road Greenacres, FL 33467 (561) 688-5210 Airport, Palm Beach International Airport 1000 Palm Beach International Airport West Palm Beach, Fl. 33406 (561) 471-7450 Civil Division Palm Beach County Courthouse 205 North Dixie Highway West Palm Beach, Fl. 33401 (561) 355-2760 State Attorney / Public Defender and Medical Examiner State Attorneys Office 401 North Dixie Highway West Palm Beach, Fl. 33401 (561) 355-7100 Reference Documents and Procedures 27 Public Defenders Office 421 Third Street West Palm Beach, Fl. 33401 (561) 355-7500 Medical Examiners Office 3126 Gun Club Road West Palm Beach, Fl. 33406 (561) 688-4575 Palm Beach County Courthouses Main Courthouse 205 North Dixie Highway West Palm Beach, Fl. 33401 (561) 355-2040 Criminal Justice Complex 3228 Gun Club Road West Palm Beach, Fl. 33406 (561) 688-4400 North County Courthouse 3188 PGA Blvd. Palm Beach Gardens, Fl. 33418 Criminal: (561) 355-2996 Civil: (561) 624-6650 South County Courthouse 200 West Atlantic Avenue Delray Beach, Fl. 33444 Criminal: (561) 355-2996 Civil: (561) 274-1588 West County Courthouse 2950 State Road 15, Rm S-100 Belle Glade, Fl. 33430 (561) 996-4843 Law Enforcement Agencies Atlantis Police Dept. 260 Orange Tree Drive Atlantis, Fl. 33462 (561) 965-1700 Boca Raton Police Dept. 100 NW Boca Raton Blvd. Boca Raton, Fl. 33432 (561) 338-1234 Boynton Beach Police Dept. 100 East Boynton Beach Blvd. Boynton Beach, Fl. 33435 (561) 742-6100 Broward County Sheriffs Office 2601 West Broward Blvd. Fort Lauderdale, Fl. 33312 (954) 765-4321 Jail: 831-5900 Delray Beach Police Dept. 300 West Atlantic Avenue Delray Beach, Fl. 33444 (561) 243-7810 Florida Atlantic University Police Dept. 777 Glades Road Boca Raton, Fl. 33431 (561) 297-3500 Florida Fish & Wildlife Commission 8535 Northlake Blvd. West Palm Beach, Fl. 33412 (561) 625-5122 Florida Highway Patrol, Turnpike Lake Worth Service Plaza, Turnpike Mile Post 93 L.E. Building, Service Court Lake Worth, Fl. 33467 (561) 357-4299 Gulfstream Public Safety Dept. 246 Sea Road Gulfstream, Fl. 33483 (561) 278-8611 (admin) (561) 243-7800 (dispatch) Highland Beach Police Dept. 3614 South Ocean Blvd. Highland Beach, Fl. 33487 (561) 266-5800 Juno Beach Police Dept. 340 Ocean Drive Juno Beach, Fl. 33408 (561) 626-2100 Jupiter Police Dept. 210 Military Trail Jupiter, Fl. 33458 (561) 746-6201 Jupiter Inlet Colony Police Dept. #1 Colony Road Jupiter, Fl. 33469 (561) 746-6325 Juvenile Assessment Center (JAC) (Department of Juvenile Justice) 1100 45th Street, Building A West Palm Beach, Fl. 33407 (561) 840-4810 Reference Documents and Procedures 28 Lake Clarke Shores Police Dept. 1701 Barbados Road Lake Clarke Shores, Fl. 33406 (561) 964-1515 Lantana Police Dept. 500 Greynolds Circle Lantana, Fl. 33462 (561) 540-5700 Manalapan Public Safety Dept. 600 South Ocean Blvd. Manalapan, Fl. 33462 (561) 585-4030 (dispatch) (561) 383-2550 (main) Martin County Sheriffs Office 800 SE Monterey Road Stuart, Fl. 34994 Non emergency & nights (772) 220-7000 Indiantown substation (772) 220-7140 North Palm Beach Public Safety Dept. 560 U.S. Highway One North Palm Beach, Fl. 33408 (561) 848-2525 Ocean Ridge Dept. of Public Safety. 6450 North Ocean Blvd. Ocean Ridge, Fl. 33435 (561) 732-8331 Palm Beach Police Dept. 345 South County Road Palm Beach, Fl. 33480 (561) 838-5454 Palm Beach County S.O. Headquarters 3228 Gun Club Road West Palm Beach, Fl. 33406 (561) 688-3000 Palm Beach Gardens Police Dept. 10500 North Military Trail Palm Beach Gardens, Fl. 33410 (561) 799-4406 Palm Beach Shores Police Dept. 247 Edwards Lane Palm Beach Shores, Fl. 33404 (561) 844-3456 Palm Springs Police Dept. 230 Cypress Lane Palm Springs, Fl. 33461 (561) 968-8243 Riviera Beach Police Dept. 600 West Blue Heron Blvd. Riviera Beach, Fl. 33404 Main: (561) 845-4123 School Police - Palm Beach County 3330 Forest Hill Blvd. West Palm Beach, Fl. 33406 (561) 434-8700 (dispatch) South Palm Beach Public Safety 3577 South Ocean Blvd. South Palm Beach, Fl. 33480 (561) 586-2122 Tequesta Police Dept. 357 Tequesta Drive Tequesta, Fl. 33469 (561) 768-0500 West Palm Beach Police Dept. 600 Banyan Blvd. West Palm Beach, Fl. 33401 (561) 822-1900 Non-Law Enforcement Agencies Animal Care and Control (PBC) 7100 Belvedere Road West Palm Beach, Fl. 33411 (561) 233-1200 (CARP) Comprehensive Alcoholism Rehabilitation Program. 1626 Old Okeechobee Road West Palm Beach, Fl. 33401 (561) 844-6400 Consumer Affairs Office for (PBC) 50 South Military Tl., Suit #201 West Palm Beach, Fl. 33415 (561) 712-6600, (888) 852-7362 Domestic Violence YMCA 2200 No. Fl. 1060 North Dixie Hwy. West Palm Beach, Fl. 33401 Main line: (561) 640-0050 Division of Emergency Management (PBC) 20 So. Military Trail West Palm Beach, Fl. 33415 (561) 712-6400 Faith Farm Ministries 9538 Highway 441 Boynton Beach, Fl. 33472 (561) 737-2222 FL Dept of Agriculture & Cinsumer Services 400 N. Congress Ave. Suit #140 Reference Documents and Procedures 29 West Palm Beach, Fl. 33401 (561) 681-2530 Florida State Fire Marshall 200 East Gains Street Tallahassee, FL 32388 (850) 413-3698 Homeless Coalition of PBC Counseling and referral services. 810 Datura Street West Palm Beach, Fl. 33401 (561) 355-4663 Jerome Golden Center (Main campus) 1041 45th Street West Palm Beach, FL 33407 (561) 383-8000 Juvenile Assessment Center (JAC) 1100 45th Street, Building A West Palm Beach, Fl. 33407 (561) 840-4810 Jerome Golden Center (Glades campus) 816 N.W. Ave D Belle Glade, FL 33430 (561) 993-8080 Palm Beach County Fire Rescue 405 Pike Road West Palm Beach, FL 33411 (561) 616-7000 Palm Beach County (Police Academy) Criminal Justice Institute 4200 Congress Ave. Lake Worth, Fl. 33461 (561) 868-3908 or 868-3402 Palm Beach County Youth Services 50 South Military Trail #203 West Palm Beach, Fl. 33415 (561) 242-5700 Place of Hope 21441 Boca Rio Road. Boca Raton, Fl. 33433 (561) 483-0962 Safe Harbor Runaway Center 3335 Forest Hill Blvd West Palm Beach, Fl. 33406 (561) 868-4444 Salvation Army Center of Hope 1577 North Military Trail West Palm Beach, Fl. 33409 (561) 682-1118 Salvation Army of Lake Worth 4001 Kirk Road Lake Worth, Fl. 33461 (561) 642-1927 Salvation Army of WPB (Admin Office) 2100 Palm Beach Lakes Blvd. West Palm Beach, Fl. 33409 (561) 686-3530 Salvation Army of WPB (Family Store) 655 North Military Trail. West Palm Beach, Fl. 33415 (561) 683-3513 South County Mental Health Center 16158 South Military Trail Delray Beach, Fl. 33484 South County (561) 495-0522 North County (561) 737-8400 Reference Documents and Procedures 30 Investigative Operations - Civil Unit - Recommendations & Guidelines The following recommendations are situational and applicable to most cases (initially) addressed by patrol officers. These recommendations are guidelines. When in doubt, contact your supervisor, legal advisor, or the PBSO Court Services Unit: The Public Use Only number has extremely helpful menus: Non-Enforceable and Enforceable (561) 355-2760. Write of Possession Hotline (Enforceable) (561) 355-6481 Evictions (Writ of Possession) 1. The Landlord must serve tenant a written notice allowing three (3) days (excluding weekends and legal holidays) for him or her to pay rent or move. 2. Landlord may then begin action to evict tenant and the Landlord must file suit in county court. a. If court agrees, a five (5) day notice of eviction will be served upon tenant. b. If tenant does not respond or a judgement is entered against him, the Clerk of the County Court will issue a "Writ of Possession" to the Sheriff who will notify tenant that he will be evicted in 24 hours. c. (The 24-hr time starts at midnight following the tenant's receipt of notice [excluding weekends & legal holidays].) 4. Sheriff along with landlord evicts tenant. 5. Locks on rental unit are changed. 6. Landlord not the Sheriff may move tenant's belongings to property line or secure them to be returned at a later date as provided in State Statute. The Eviction Process is initiated with Clerk of Court located at: ! Main Court House, 205 N. Dixie Hwy. Room 2.2200, West Palm Beach, FL ! North Court House, 3188 PGA Blvd., Palm Beach Gardens, FL ! South Court House, 200 W. Atlantic Ave. Delray Beach, FL ! Belle Glade Court House, 2950 State Road 15, Belle Glade, FL Florida law does prohibits landlord from: ! Shutting off the utilities or interrupting service, even if the service is in the landlord's name; ! Changing the locks or using a device that denies the tenant access; ! Removing the outside doors, locks, roof, walls, or windows; ! Removing the tenant's personal property from the dwelling unit unless the action is taken after surrender, abandonment, or lawful eviction. (If any of these occur, the tenant may sue for actual and consequential damages or three month's rent, whichever is greater, plus court costs and attorney's fees). Recovering suspected Stolen Property (Writ of Replevin) 1. Secondhand dealer contests the identification or ownership of the property and will not return of said property to the person alleging ownership. Victim must make a timely report of the theft with the proper law enforcement authorities. 2. Victim may then petition for a Replevin in County or Circuit Court. 3. Petition must include the following: a. Plaintiff _ sues def. _ and alleges: b. This is an action to recover possession of personal property in Palm Beach County, Florida. c. The description of the property is _. 4. To the best of the Plaintiff's knowledge, information and belief, the value of the property is $____.00 a. Plaintiff is entitled to the possession of the property under a security agreement dated _____, a copy of which is attached. b. To the plaintiff's best knowledge, information and belief, the property is located at____. c. The property is wrongfully detained by defendant. Defendant came into possession of the property by _____. To plaintiff's best knowledge, information, and belief, the defendant detains the property because _____. d. The property has not been taken under an execution or attachment against plaintiff's property. 5. The Clerk of Court waves the filing fees and the Sheriff waves the service fee. 6. Upon the filing of the petition, the court will set a hearing to be held at the earliest possible time. 7. Upon receipt of a petition for a writ by a second hand dealer, he shall hold the property until the court determines the outcome. 8. When a Writ of Replevin is issued, a Deputy from the Sheriff's Enforceable Writs Unit will obtain the property and turn it over to the plaintiff. Release of Motor Vehicle from Repair Shop (Mechanics lien) Reference Documents and Procedures 31 1. Any customer may obtain the release of his/her motor vehicle from a repair shop when it is being held pursuant to a lien for non-payment for a repair bill. To do so the following steps must be taken. 2. The work must have been performed under a written repair estimate. 3. Vehicle owner must file a bond with the Clerk of Court. a. The bond must be filed in the circuit in which the disputed transaction occurred. b. The amount shall be the amount stated on the invoice plus accrued storage charges, less any amount paid to the motor vehicle repair shop as indicated on the invoice. 4. Upon posting of the bond the Clerk of Court shall automatically issue a certificate notifying the repair shop of the posting and directing the shop to release the customer's motor vehicle. 5. The repair shop has 60 days to file suit to recover the bond. 6. Any repair shop or any employee or agent thereof who is authorized to release the vehicle who, upon receiving a copy of the certificate, fails to release or return the property to the customer is guilty of a misdemeanor of the second degree. (F.S.S. 559.917) 7. Any customer who stops payment on a credit card or check drawn in favor of the repair shop or fails to post a bond shall be prohibited from and recourse with respect to the motor vehicle repair shop. Mental Heath (Involuntary Assessment) 1. Mental Health orders are sent by the Clerk of Court to the Sheriff and the involved health facility at the same time. a. The Sheriff then enters the pick up orders into the proper computer system: b. Baker Act – is entered into Palms and F.C.I.C. 2. When a Deputy receives computer notification of an order for involuntary assessment, he or she should transport the individual to the health center listed in the computer information. 3. Sheriff's Enforceable Writs Unit should be notified at (561) 355-2760 of the pickup so that the order can be removed from the computer system and a return made to the court. 4. If the center claims that they have no order, the Deputy may call the Court Security Command Center at (561) 355-6630 and request a copy of the order faxed to the facility. Civil Warrants (Writs of Bodily Attachment) 1. Civil warrants issued in Palm Beach County are forwarded by Clerk of Court or the civil attorney of record to the Sheriff's Enforceable Writs Unit for processing. 2. When the defendant is believed to reside in Palm Beach County and the warrant is issued in another county within the State of Florida, the following process is followed: 3. The warrant is filed with the Sheriff's Office in the county where it is obtained. That Sheriff's Office forwards the warrant to the Palm Beach County Sheriff's Office for service. 4. Civil warrants from outside the State of Florida must be domesticated through the Florida Court system before they can be acted upon. 5. The only civil warrants entered into both Palms and FCIC are those for child support and these can be enforced at any time of day or week. 6. All other civil warrants are entered into the Palms computer system only and great care must be taken before an arrest is made. Most civil warrants, other than those for child support, cannot be enforced on Sunday. Also many specify that an arrest can only be made during certain hours of the day or specific locations. When compared to a criminal warrant, the rights of law enforcement officers to pursue a defendant is highly restricted in a civil case. When acting on a civil warrant and there is doubt, do not risk an immediate in custody arrest (check it out first). Domestic/Repeat Violence Restraining Orders 1. If law enforcement is called out on a domestic call and the petitioner (victim) has an order to be served, proceed as follows: 2. Explain to the Respondent (defendant) what he/she can or cannot do according to the order; (the judge initials each paragraph or writes in what is pertinent to the case) and advise him/her of the court date. Sign the bottom of the order with your name, your ID #, your agency name and hand the document to the respondent. 3. The proof of service must be filled out Reference Documents and Procedures 32 completely. The issue date is the date the judge signed the order and is found on the last page of the injunction. Expiration date is 15 days from the issue date. Teletype also requires a complete physical description or it cannot be entered in FCIC. 4. Give the petitioners (victim) copy back to him/her, if there is one, if not, advise them to return to the clerk's office to obtain a copy to carry on their person. 5. Call teletype immediately! 6. Fax proof of service to (561) 688-3457 or hand deliver ASAP. 7. Service is complete. A temporary injunction must be certified. ! It does not have to display a raised seal and may be purple or black in color. ! We also serve faxed copies due to an administrative order no. 1.034 - 1/92. ! Any questions contact: Court Services Bureau, (561) 355-2760 from 8:30 a.m. to 5:00 p.m. business week days. Questions Frequently ask by LEOs: Question: Can a guard at a private gated community refuse access to a private process server or to a deputy sheriff serving process? Answer: The guard's refusal might constitute a criminal act pursuant to FSS 843.02. It is a first-degree misdemeanor to obstruct or oppose an LEO or a person legally authorized to execute process in the execution of legal process. Unfortunately, there is no reported case directly on point, and therefore, it cannot be said with certainty that a guard's denial of access to the property beyond the gate is definitely a crime. In the abundance of caution, a deputy sheriff should not make a warrantless arrest if a possible violation occurs in his/her presence. Instead, the deputy should inform the guard that refusal to admit the authorized process server will result in the filing of a misdemeanor charge with the State Attorney's Office. If the guard continues to refuse entry, then the deputy sheriff should file the cases with the State Attorney's Intake Office. Question: What should a uniform patrol officer (deputy) do if he or she is asked to complete a "Writ of Possession" (Eviction)? Answer: Strongly recommended that the uniform patrol officer not get involved with an eviction. He/she should refer the person to the Bureau of Court Services! There are legal requirements as to when and how an eviction can be done and on what days. There is a high degree of probability that complications will be involved and the Bureau of Court Services has the experience to address the issues. Question: Should patrol officer (D/S) serve any foreign process (out of state papers)? Answer: NO! The Sheriff is entitled to charge fees for service and the paper work must go through the Bureau of Court Services. Further, all out of state civil orders must be domesticated in a Florida court prior to service. Question: Should uniform patrol officer serve civil process other than a "domestic violence injunction" when asked to by an individual. Answer: NO! Question: Can a uniform patrol officer serve a domestic violence injunction when the order is signed by a Broward County judge? Answer: All orders of any county or circuit court in the State of Florida are enforceable through out the entire state. However, before acting on any order make sure that the order specifically directs the Sheriff to take action. Question: What should a uniform patrol officer do if an individual returns to a dwelling from which he has been evicted? Answer: First, confirm that he or she was indeed properly evicted from the dwelling. When the Sheriff's Office Civil unit completes an eviction, a "Confirmation of Execution Writ of Possession" form is completed and is on file. The landlord is given a yellow copy and a pink copy is left at the premises. Once an individual has been properly evicted, he or she has no right to return to the dwelling. If they do so, they are committing the crime of trespass or possibly burglary and should be dealt with the same manner as you would with any other criminal suspect. Transient Occupancy (FSS 82.045) 1. Read and carefully review the Florida State Statute. 2. Review the most current roll call training brief. 3. Obtain the most current Transient Occupancy Affidavit (PBSO form #0327), available at all District Patrol Stations. 4. Ensure the transient occupancy affidavit is Reference Documents and Procedures 33 accurate and complete correctly listing the property location. 5. Ensure the Affiant can prove relationship to the described property. If written proof is available, make copies for the case file. 6. Affiant must list dates, see affidavit Section 5, and should indicate if residency has been continuous or with breaks. 7. In affidavit section 6, all factors are not required; however, a sufficient quanity to establish transient nature of residency is required. 8. In affidavit section 7, approximate date(s) that transient was told to leave the property. 9. In affidavit section 8, Affiant should note any or all that apply. If proof is available, make copies for the case file. 10.Write the PBSO case number at the bottom of the affidavit where noted. The affidavit will be submitted to Central Records and all supporting documents must be submitted into evidence with the case number. PBSO Financial Crimes Unit Road Patrol Quick Reference Guide (This Quick Reference Guide does NOT state, alter or create policy: Its purpose is to assist officers, who infrequently deal with economic crimes, and assist citizens victimized) Financial Crimes (Overview) Financial crimes require a crime report using PBSO Crime Code 4 so the report goes to the Financial Crimes Unit for review. For noncrime incidents use Zulu Report Code 9546 and fax log entry to Financial Crimes Unit (561) 688-4140. If the loss is under $5,000 refer incident to the District Detective Bureau. Contractor Fraud . . . . . . . . . . . . (FSS 489) Contractor Fraud can involve many issues. The victim may feel defrauded by poor or incomplete construction work. Document the incident as a Zulu, until a determination can be made. Have victim file a complaint with either the Palm Beach County Planning and Zoning Division Licensing Board for county licensed or licensed contractor (561) 2335525 or the Department of Business and Professional Regulation (850) 487-1395, for state licensed contractors. Counterfeit Documents If passed in PBSO jurisdiction, place counterfeit document in plastic evidence bag, do a report, and fax Log Entry to the Financial Crimes Unit. Credit or ATM Cards Refer victim to credit card company or bank. Do a report on the loss of the card only. Property code as petit theft - $1 per card. A violation of FSS 817.625 (unlawful use of scanning device) may also have occurred. Credit Card Use In Progress (FSS 817.60) Place card(s) into evidence, do a crime report, with PC consider arrest/NTA. Over $100 or more than two uses see FSS 817.61. Identity theft, see FSS 817.568(2) with Crime Code 4 or Zulu depending on jurisdiction, theft, and/or use. Advise victim to notify the three major credit bureaus. Currency Counterfeit (Delayed) Notify U. S. Secret Service (561) 659-0184, mark property receipt "TOT Secret Service notified." Fax a copy of the property receipt to (561) 655-8484. (Federal law requires that all counterfeit currency be turned over to the Federal government.) Elderly Financial Exploitation (FSS 825.103) Reports required by law, also call (866) LEABUSE (over 60 yoa or disabled at any age.) Embezzlements (A.K.A employee theft) Do a crime report and fax log entry to the Financial Crimes Unit (561) 688-4140. Forgery In Progress (Document related) Road Patrol does report, PC arrest is an option for in progress crimes. Place documents/evidence in plastic bag. Forgery Delayed (Document related) If not a theft report, use information Zulu report code 9546, then advise the account holder to make a complaint to their bank, the bank may or may not file a case in jurisdiction of occurrence when all evidence is gathered. Worthless or Bad Checks Non Sufficient Funds, Account Closed, Stop Payments refer to PBC State Attorney’s Office and provide complainant with a “Bad Check Handout” flyer. A crime report is NOT necessary. Refer complainant to the PBC State Attorney’s Bad Check Restitution Program at P.O. Box 3855 , WPB, Fl. 33402. Call (855) 208-1309. Forgery In Progress (Other than Rx) Reference Documents and Procedures 34 Interview to determine if you have a forgery. Articulate elements of crime, if present: 1. Place forged item in plastic evidence bag; mark for latent processing; 2. Place any videotape(s) into evidence; 3. Forgery affidavits as appropriate; 4. Collect any other evidence; 5. Don't forget to do property receipts; 6. Obtain and submit written statements; a. Get complete witness contact info; b. You must confirm elements of crime by personally speaking to the person (victim) whose signature was forged. c. A forgery affidavit must be submitted with the filing/arrest package. Most banks and check cashing stores have these forms available, if not contact the Financial Crimes Unit. 7. If the suspect has left the scene prior to your arrival, obtain the best description of the suspect and relay this information to other units. If PC exists, arrest is an option a. Complete crime report (crime code 4); b. Fax a Log Entry to (561) 688-4034 Note1: Generally, the act of handing a forged document to someone, with intent to defraud, is uttering a forgery, thus a felony, regardless of the amount on the check and even if nothing was received. The value of the check, if it is negotiated or attempted to be negotiated, is the written amount on the check. If blank or not negotiated, the value of paper is coded as $1 per check. Note2: Two types of forgery cases should be reviewed by the State Attorney's Office before arrest: Domestic related (i.e. husband/wife, boyfriend/girlfriend) and business related (partnerships, corporations). These situations could be deemed civil matters and is it better to let the SAO make the PC determination. Useful terminology: Forged maker - signature on the front of the check. Forged endorsement - signature on the back of the check. Forged/Altered payee - to whom the check is written. Forgery NOT in progress - (Other than Rx) In some cases, two crimes may have occurred, and this may be a case with multiple jurisdictions. You do not have to pick up check evidence. Advise complainant to place the checks into a plastic zip lock bag. Guidelines for a typical delayed forgery (e.g. complainant receives a bank / credit card statement and there are forged / fraudulent charges or credit card transactions) include: 1. If checks were stolen, do a theft report; 2. Refer victim to their bank or credit card company and provide a case number. In credit card cases, banks determine if the credit card holder will be reimbursed. Generally, will go to the jurisdiction of occurrence and pursue the forgery case as the victim. 3. With respect to the PBSO Property Section of the offense report: The value of a blank check when stolen is listed as $1 and Property Type code is “Z”; a. If an amount is shown but not negotiated, list item value as $1; b. In the property description section list check number and amount, value $1; c. If negotiated or attempts to negotiate list the amount check is written for; 4. If the item was an ATM Card, two crimes may have occurred (theft of the card and use of the card), also there may be multiple jurisdictions involved; a. Do a report on the original theft or loss of the ATM card. b. Refer the victim to their bank. If the bank decides to reimburse, the bank will file the "Use Case(s)" with the appropriate jurisdiction(s). c. A violation FSS 817.625 (unlawful use of scanning device) may also have occurred. Counterfeit (Checks, bills, coins, DLs, etc.) 1. Articulate the type of counterfeit article (I.e. Coins, bills, drivers license, lottery ticket, checks etc.) 2. Treat the item like the evidence it is, place it in a plastic bag for latent processing. 3. Get statements from all involved. 4. Complete a property receipt and do an offense crime report, always use Crime Code 4 so the report is directed to the Economics Crime Unit. 5. If the counterfeit is U.S. Currency; a. You must notify the Secret Service at (561) 659-0184. b. (Federal Law mandates all counterfeit currency be turned over to the Federal Government) 6. If the suspect has fled, obtain all possible information on the suspect and vehicle for your report. Note3: During the initial investigation, you may not be certain an item is counterfeit: Treat it as evidence and later on should you Reference Documents and Procedures 35 determine it is counterfeit, filing the case at the State Attorney’s Office will be an option. Credit Card Crimes: In some case two crimes have occurred: 1. Theft of card -Original theft or loss of the credit card, taken in a burglary, robbery or theft of credit card, if our jurisdiction, Crime Code 4. (A credit card’s value is $1 on the offense report) 2. Use of card may be multiple jurisdictions - refer victim to their credit card company, along with a case report number. To report the amount of loss from the credit card; dictate the 'amount' in the narrative of the report. The credit card company/bank will determine the appropriate jurisdiction for any further investigation. If less than $5,000 the case will be referred back to the District(s) for investigation. Use of Credit Card - In Progress Crimes (review FSS 817.61 & FSS 812.014) 3. Determine the credit card is in fact stolen, obtain verification from the credit card company or the account holder. 4. Take the credit card and sales invoice into evidence. 5. Document what the suspect attempted to purchase and the value, take pictures if possible and place them in evidence. 6. Take written witness statements. Use Of Credit Card - Not In Progress 7. Refer the victim to the Credit Card Company, only do a report on original theft or loss of the credit card, if it occurred in PBSO jurisdiction. 8. The credit card company will file the case with the appropriate jurisdiction. Note4: If a business / merchant receives a stolen credit card number, by phone or by internet, for merchandise ordered and delivered: Do an information report and use Zulu Code 9546. Also note, the jurisdiction on the theft is usually the point of delivery. Possession of Credit Cards (seeFSS 817.60) 9. Does suspect have a legitimate reason for having the credit card in the name of another person? You can take the card into evidence: Do a property receipt and contact the credit card company to verify a loss or theft. You should also contact the account holder and make inquires as to the possession. 10. If suspect possession of the card not legitimate and PC develops, arrest / NTA is an option {see 817.60(1)}. a. Do a report, again use Crime Code 4 b. Complete an FIR and fax log entry with a copy of any FIR to (561) 688-4034. c. To contact a Financial Crimes Unit Defective, call (561) 688-4140. 11. If the possession of the card can be linked immediately to a burglary, robbery or theft that just occurred, PC may exist for an arrest on the appropriate charge. 12. Frequently, contact occurs with a suspect in possession of a credit card, before the initial crime of burglary, robbery etc. has been reported: Therefore properly document suspicious contacts. Note5: If the suspect is in possession of two or more credit cards, in different names, in a twelve-month period of time you may have a felony under FSS 817. 60 (5). Note6: Suppose you are called to a business because an employee has been caught using a skimming or scanning device on customer credit cards: This is a possible felony crime, see s 817.625 (Use of scanning devices or reencoder to defraud). Credit Card Emergency Contacts - LE Only Visa, MasterCard, Diners Club, American Express, and Discover Security established emergency contact telephone numbers (24/7) to be used ONLY by duly constituted enforcement agencies to obtain information regarding credit cards and account numbers. VISA . . . . . . . . . . . . . . . . . . (800) 847-2911 MASTERCARD . . . . . . . . . (800) 231-1750 DINERS CLUB . . . . . . . . . . (800) 525-9040 AMERICAN EXPRESS ....(954) 577-8407 DISCOVER . . . . . . . . . . . . . (800) 347-3102 Identity Theft: This is a very personal crime and takes a lot of time and effort for the identity theft victim to uncontaminate their identity. It is very important to do a good investigation. In some cases, the State Attorney or the Statewide Prosecutor's Office will take the case.. 1. Along with a case number, provide the complainant with a FTC ID Theft Booklet and the (www.consumer.gov/idtheft/ Internet Web Site. 2. Have victim(s) contact the three major credit bureaus to report fraud: Experian (888) 397-3742, Equifax (866) 640-2273, and TransUnion (855) 681-3196. Reference Documents and Procedures 36 3. Review FSS 817.568 (2) - Fraudulent Use of personal I.D. information, 4. Did the offender willfully and without authorization fraudulently use, or possess with the intent to fraudulently use, personal identification information concerning (victim) without first obtaining victim's consent (Felony 3rd degree)? 5. Does the person whose identity is stolen live within PBSO jurisdiction AND were the actions or the crime elements committed within PBSO jurisdiction? OR does the person whose identity is stolen live in another jurisdiction outside PBC and the actions or crime elements were committed in PBSO Jurisdiction? a. Then do a crime report code 4 (FSS 817.568(2) under UCR 260A if suspect and/or arrest. Or under UCR 9000 if no suspect and no arrest. b. If person whose identity is stolen lives in PBSO AND the crime occurs outside PBSO jurisdiction, then do an information report - Zulu Code 9546. Exploitation (Financial) of the elderly or disabled adult): (FSS 825.103) 1. You may respond to the initial complaint with DCF or if you suspect exploitation contact the DCF Abuse Hotline. Describe and note your observations of the victim. 2. Does the victim have a physical or mental disorder? (I.e. Wheelchair, Alzheimer, or Dementia). Review FSS 825.101 for the definition of a disabled adult. 3. Is the victim confused by your questions or are there clear physical limitations? These are important first observations that must be noted in your report. The FCU will followup when a determination has been made there is exploitation. Fax Log Entry to (561) 688-4140. Pawnshop/Second Hand-dealer Prohibited Acts (synopsis). Generally, pawnbrokers, agents, or employees may not: 1. Falsify or intentionally fail to make an entry on any material matter in a transaction form. 2. Refuse to allow the agency, the appropriate law enforcement official, or the state attorney, or any of their designated representatives [police officers] having jurisdiction, to inspect completed transaction forms or pledged goods during ordinary hours of business. The law enforcement official shall disclose to the claimant [victim] the name and address of the pawnbroker or dealer, the name and address of the conveying customer, and a description of pawned, purchased, or consigned goods that the claimant [victim] claims to be misappropriated. 3. Obliterate, discard, or destroy a completed transaction form sooner than 3 years after the date of transaction. 4. Accept a pledge or purchase from a person under the age of 18 years. 5. Make any agreement requiring or allowing the personal liability of the pledger or waiver of any of the provisions of this section. 6. Knowingly enter into a transaction with any person who is under the influence of alcohol or controlled substances when such condition is apparent, or with any person using the name of another or registered name of another's business. 7. Conduct any pawn or purchase transaction at a drive-through window or similar device in which the customer remains in a vehicle while conducting the transaction. 8. Fail to return or replace pledged goods to pledge or upon payment of full amount due the pawnbroker, unless the pledged goods have been placed under a "Hold Order" or taken into custody by court or otherwise disposed of by court order. 9. Sell or otherwise charge for insurance in connection with a transaction, except in connection with shipment of pledged goods redeemed by mail. 10. Engage in a title loan transaction at, within, or adjoining a licensed pawnshop location. 11. Lease pledge goods to the pledgor or any other party. 12. Operate a pawnshop or secondhand business between 10 P.M. and 7 A.M. 13. Knowingly hire anyone to work in the business who has been convicted of, or entered a plea of guilty or nolo contendere to, or had adjudication withheld for a Felony within the last five years, or has been convicted of, or entered a plea of guilty or nolo contendere to, or had adjudication withheld for a crime within the last 5 years which involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any fraudulent, or dishonest dealing. 14. Two methods for victim to obtain property: Reference Documents and Procedures 37 a. Victim can go to the dealer or pawnshop and pay the amount the person received for the item or items at the time of pawn or sale, (see s. 539.00) b. Or, victim can file a "WRIT OF REPLEVIN" at the court house, receive court date and the Judge will decide ownership. If victim receives judgement there is no charge for items. There is no fee for this process, and PBSO will serve the necessary papers. Note7: If the items stolen have serial number(s), there is a good chance of recovery. But, if the items are jewelry and there is nothing to tell them apart from items of the same they may not be recovered. Note8: Do not tell victims to call the Pawn Shop Unit, as this unit can do little more for them other than to advise them of the same information already listed here. Note9: For LEOs with questions about pawnshop or second hand dealers, or what you can do help us with enforcement, please call (561) 688-4009 or (561) 688-4007, we would be happy to assist you. Reference Documents and Procedures 38 Zulu Codes are for incidents that do not constitute an actual criminal offense. Zulu Codes are used by the Palm Beach County Sheriffs Office to classify incidents for storage in the Palms System. To simplify the use of Zulu Codes for the officer in the field, the following list was up dated in January 1996 to resemble radio dispatch signals and codes. 3094 . Hit & Run W/Injuries (Record Only) 9500 . . . . . . . . . . . . . . . . . . . Gun Permits 9502 . . . . . . . . . . . . . Intoxicated Persons 9503 . . . . . . . . Hit & Run Without Injuries 9504 . . . . . . Crash W/Minor Damage Veh. 9507 . . . . . . . . . . . . . Death Investigations 9508 . . . . Attempt to Locate Person / Veh. 9510 . . . . . . . . . . . . . . . Investigation Auto 9511 . . . . . . . . . . . . . Abandoned Vehicles 9512 . . . . . . . . . . . . . . . Reckless Drivers 9513 . . . . . . . Suspicious Person / Vehicle 9514 . . . . . . . . . . . . . . . . . . . . Information 9515 . . . . . . . . . . . . . . . . . . . . . Contracts 9517 . . . . . . . . . . . . . . . . . Make Contacts 9520 . . . . . . . . . . . . . . . . . . . Mental Case 9522 . . . . . . . . . . . . . . . . . . Disturbances 9523 . . . . . . . . . Pedestrian / Hitch-Hikers 9525 . . . . . . . . . . . . . . . Fires (Non-Crime) 9529 . . . . . . . . . . Reckless Boat Operator 9532 . . . . . . . Suicide anf Suicide Attempt 9537 . . . . . . . . . . . . . . . . Juvenile Trouble 9538 . . . . . . . . . . . Domestic Disturbance 9539 . . . . . . . . . . . . . . . Neighbor Trouble 9540 . . . . Damage Property (Non-Crime) 9544 . . . . . . . . . . . . Boat Crash / Accident 9545 . . . . . . . . . . . . . . . . . . . Plane Crash 9546 . . . . . . Financial / Economic Reports 9547 . . . . . . . . . . . . . . . Bond Surrenders 9548 . . . . . . . . . . . . . . . . . . . Open Doors 9549 . . . . . . . . . . . . . . . . . . Alarm Ringing 9550 ..................Labor Trouble 9551 . . . . . . . . . Trespassing (Non-Crime) 9555 . . . . . . . . . . . Explosion (Non-Crime) 9556 . . . County Ord. Violation (Specify #) 9557 . . . . . . . Found Contraband (Drugs) 9558 . . . . . . . . . . . . . . Unlawful Assembly 9562 . . . . . . . . . . . . . . . . . Racial Trouble 9566 . . . . . . . . . . . . . . . . . . . Civil Matters 9567 . . . . . . . . . . . . . . . . Accidental Injury 9568 . . . . . . . . . . . . . . Police Service Call 9569 ............. Loose Farm Animal 9570 . . . . . . . . . . . . . . . . . . . . Animal Bite 9572 . . . . . . . . . . . Lost or Found Property 9573 . . . . . . . . . Sick Person / Man Down 9574 . . . . . . . . . . . . . . . . . . . . . . . Hunters 9575 . . . . . . Trash Dumping (Non-Crime) 9576 . . . . . Assist to Another Department 9577 . . . . . . . . . . . . . . . . . . . . . Fireworks 9578 . . . Harassing / Hazing (Non-Crime) 9579 . . . . . . . . . . . . . Suspicious Incident 9580 . . . . . . . Unwanted Person / Sleeper 9583 . . . . . . . . . . Communicable Disease 9584 . . . . . . . . . . . . . . . . . Welfare Check 9585 . . . . . . . . . . . . . . . Water Restriction 9587 . . . . . . . . . . . . . . . Civil Commitment 9588 . . . . . Self Surrender / Criminal Reg. 9589 . . . . . . . . . . . . . . Writ of Attachment 9590 . . . . . . . . . . . . . . . Record Expunged 9591 . . . . . . . . . . Hold for / Agency Assist 9592 . . . . . . . . . . . . . . . . Material Witness 9593 . . . . . . . . . . . . . . . . . . . . . Recommit 9594 . . . . . . . . . . . . . . . . . . . . Seized Tag 9595 . . . . . . . . . . . . . . . . Writ of Ne Exeat 9596 . . . . . . . . . . . . Writ of Habeas Corp. 9597 . . . . . . . . . . . Crash / Veh. Homicide 9598 . . . . . . . . . Execute Warrant / Capias 9599 . . . . . . . . . . . . . . . . Problem Solving 9700 . . . . . . . . . . . . . . . . . Zero Tolerance (This Code Used Only by Records) Palm Beach County Ordinances 39 The following pages contain PALM BEACH COUNTY ORDINANCES These selected ordinances pertain to law enforcement. Palm Beach County Ordinances 40 Chapter 3 Alcoholic Beverages ............................... Page #47 Sec. 3-1 Alcoholic beverage license for airports. Sec. 3-2 Hours of sale. Sec. 3-3 Public possession or consumption. Sec. 3-4 Warning signs. Sec. 3-5 Posting of underage drinking signs. Article II. Nightclub Security ............................... ........ Page #50 Sec. 3-22 Definitions. Sec. 3-23 Security/law enforcement presence. Sec. 3-24 Additional security measure. Sec. 3-25 Patron age restriction. Sec. 3-26 Enforcement and penalties. Sec. 3-27 Police supervision. Sec. 3-28 Right of entry for purpose of inspection. Sec. 3-29 Exemption. Sec. 3-30 Limitation of liability. Chapter 4 Animals ............................... ............. Page #52 Sec. 4-2 Definitions. Sec. 4-3 Females in heat. Sec. 4-4 Dog and cat control. Sec. 4-5 Animals creating nuisances. Sec. 4-6 Scientific experimentation/animals as prizes. Sec. 4-7 Injured animals, action required. Sec. 4-8 Keeping / adopting stray animals and maintaining feral cats. Sec. 4-9 Animal waste. Sec. 4-11 Dog and cat rabies/license tags. Sec. 4-16 Animal bites and quarantining. Sec. 4-18 Guard dogs. Sec. 4-19 Evictions, jail terms, community service adjudications, and other involuntary occurrences; effect on animals. Sec. 4-20 Disposal of bodies of dead animals. Sec. 4-22 Number of animals; acreage restrictions/excess animal habitats. Sec. 4-23 Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits.(Also covers mobile groomers) Sec. 4-24 Animal care; manner of keeping. Sec. 4-25 Dogs and cats offered for sale; health requirements. Sec. 4-27 Aggressive dogs, dangerous dogs and vicious dogs. Sec. 4-29 Hobby breeder permits. Sec. 4-31 Interference with enforcement. Sec. 4-32 Violations, civil infractions, civil penalties. Sec. 4-34 Dogs on the beach prohibited. Chapter 6 Boats Docks and Waterways ....................... Page #77 Sec. 6-1 Operation of vessels near fishing piers. Sec. 6-2 Anchoring or mooring of floating structures. Sec. 6-22 Definitions. Loxahatchee River Sec. 6-23 Prohibitions. Loxahatchee River Sec. 6-24 Violations; enforcement; penalties. Chapter 9 Consumer Affairs - Emergency Management ....... Page #79 Sec. 9-34 Definitions. Sec. 9-35 Declaration of emergency. Sec. 9-36 Prohibition on price gouging. Sec. 9-37 Enforcement. Palm Beach County Ordinances 41 Chapter 11 Environmental Regulation and Control ............ Page #81 Sec. 11-58 Definitions. Sec. 11-59 Prohibitions for dumping and placing waste. Sec. 11-60 Exceptions. Sec. 11-62 Prohibitions of clean fill activities. Sec. 11-85 Tampering with reefs; injuring reef, etc. Sec. 11-221 Definitions. Sec. 11-222 License required. Sec. 11-223 Waste tire generators. Sec. 11-224 Violations; penalty. Sec. 11-251 Short title; applicability. Sec. 11-253 Purpose. Sec. 11-254 Definitions. Sec. 11-255 Scope. Sec. 11-256 Buildings and other property. Sec. 11-257 Plant and wildlife protection and preservation. Sec. 11-259 Fires. Sec. 11-260 Boating. Sec. 11-261 Fishing. Sec. 11-262 Prohibited activities. Sec. 11-263 Activities requiring a special permit. Sec. 11-264 Merchandising, advertising and signs. Sec. 11-265 Pollution of waters. Sec. 11-266 Refuse and trash. Sec. 11-267 Public utilities. Sec. 11-268 Closing of natural areas. Sec. 11-269 Vehicles. Sec. 11-270 Enforcement. Sec. 11-271 Penalties. Sec. 11-272 Municipal ordinances and land development regulations. Chapter 12 Fire Prevention and Protection .................... Page #86 Sec. 12-40 Prohibition against fireworks. Sec. 12-41 Permits and regulations. Sec. 12-46 Drought restrictions. Sec. 12-47 Enforcement and penalties. Chapter 16 Law Enforcement ................................. Page #90 Sec. 16-16 Definitions Sec. 16-17 Rules and procedures Sec. 16-18 Vacation and compensatory time off periods not enhanced Sec. 16-19. Certain compensation prohibited. Sec. 16-20 Status of deputy sheriffs Sec. 16-21 Disposition of proceeds Sec. 16-36 Application Sec. 16-37 Insureance Sec. 16-38 Changes. Sec. 16-39 Relinquishment. Sec. 16-52 Purpose. Sec. 16-53 Definitions. Sec. 16-54 Alarm permits required; application fee, renewal, duration. Sec. 16-55 Alarm permit applications--Emergency notification; reporting service. Sec. 16-56 Technical requirements of alarm systems. Sec. 16-57 Response to alarm; determination of false alarms, alarm verification. Sec. 16-58 Procedure to appeal false alarm determination. Sec. 16-59 Fines for false alarms. Sec. 16-60 Maintenance of records. Sec. 16-61 Automatic telephone dialing alarm systems prohibited, no response for Palm Beach County Ordinances 42 mobile alarm systems. Sec. 16-62 Applicability. Sec. 16-63 Limitation of liability. Sec. 16-64 Prohibitions and penalties. Chapter 17 Licenses & Miscellaneous Business Regulations . Page #97 Sec. 17-2. Fuel price signs. Sec. 17-8. Refueling assistance for persons with disabilities. Sec. 17-16 Definitions. Sec. 17-17. Business tax receipt required Sec. 17-23 Display of business tax receipt. Sec. 17-41 Charitable organizations & fund raising. Sec. 17-62 Amusement devices. Sec. 17-75 Junk dealers. Sec. 17-127 Definitions and exceptions. Sec. 17-128 Records of transactions. Sec. 17-129 Retention of records. Sec. 17-130 Inspection of records and premises. Sec. 17-131 Holding period (sale transactions). Sec. 17-132 Duty to report. Sec. 17-133 Stolen goods; petition for return. Sec. 17-134 Certain acts and practices prohibited. Sec. 17-136 Secondhand dealers; disposal of property. Sec. 17-147 Definitions. Sec. 17-182 Prohibitions at establishments allowing alcoholic beverages. Sec. 17-183 Supplementary requirements. Sec. 17-191 Operation of establishment without valid adult entertainment license. Sec. 17-192 Violations of article. Sec. 17-193 Allowing employee to engage in prohibited acts. Sec. 17-194 Advertising prohibited activity. Sec. 17-196 Minors prohibited. Sec. 17-197 Working at establishment which does not have valid adult entertainment license. Sec. 17-198 Engaging in prohibited activity. Sec. 17-199 Touching of employee by nonemployed. Sec. 17-200 Exceeding occupancy limit of adult booth. Sec. 17-201 Use of rest room or dressing rooms. Sec. 17-202 Hours of operation. Sec. 17-282 Definitions: Sec. 17-283 Intent and application. Sec. 17-285 Evidence of cargo legal liability and motor vehicle insurance coverage. Sec. 17-286 Moving vehicles signage. Sec. 17-287 Estimates of moving costs. Sec. 17-288 Contract for service/bill of lading. Sec. 17-289 Disclosure statement required. Sec. 17-290 Charges in excess of written estimate; unlawful charges; refusal to relinquish goods prohibited. Sec. 17-291 Brokers. Sec. 17-292 Inventory. Sec. 17-293 Acceptable forms of payment. Sec. 17-296 Records, inquiry or complaint handling; inspection. Sec. 17-299 Consumer complaints. Sec. 17-413 Definitions. Sec. 17-414 Prohibited conduct. Sec. 17-415 Enforcement and penalties. Sec. 17-416 Scope of article. Chapter 18 Miscellaneous Provisions and Offenses ......... Page #121 Palm Beach County Ordinances 43 Sec. 18-1 Trespass, etc., in South Lake Worth Inlet. Sec. 18-2 Prohibition of lodging in the open. Sec. 18-3 Prohibited conduct on public transit vehicles. Sec. 18-4 Sounding of railroad train horns, whistles. Sec. 18-6 Disruption of commercial video or audio productions. Sec. 18-7 Solicitation and distribution on public roads. Sec. 18-34.Sexual offender and sexual predator residence prohibition; exceptions. Sec. 18-35.Applicability. Sec. 18-36.Enforcement. Sec. 18-37.Penalty. Sec. 18-91.Title. Sec. 18-92.Applicability. Sec. 18-93.Definitions. Sec. 18-94.Civil infraction. Sec. 18-95.Civil penalties and enforcement. Chapter 19 Motor Vehicles and Traffic ....................... Page #125 Sec. 19-1 Motor vehicles on beaches. Sec. 19-3 Combating automobile theft. Sec. 19-4 All terrain vehicle operation on unpaved roadways Article II. Stopping, Standing and Parking ........................... Page #127 Sec. 19-18 Application of provisions. Sec. 19-21 Parking regulations. Sec. 19-23.Penalty. Sec. 19-24 Uniformity of application. Division 3. Parking for the Disabled ................................ Page #133 Sec. 19-71 Short title. Sec. 19-73 Penalties and use of funds. Article III. Abandoned Vehicles .................................... Page #133 Sec. 19-91 Definitions. Sec. 19-92 Territorial applicability. Sec. 19-93 Abandonment prohibited. Sec. 19-94 Leaving wrecked, nonoperating vehicle on road. Sec. 19-95 Removal of wrecked, inoperative or discarded vehicles from private property. Sec. 19-96 Disposition of abandoned vehicles. Sec. 19-97 Violations; injunction. Article IV. Red Light Cameras ..................................... Page #135 Sec. 19-111 Title and purpose. Sec. 19-112 Use of traffic infraction detectors. Sec. 19-113 Adherence to red light traffic control signals. Sec. 19-114 Violation. Sec. 19-115 Signs at monitored intersections. Sec. 19-116 Review of recorded images. Sec. 19-117 Notice of violation. Sec. 19-118 Procedures for a hearing. Sec. 19-119 Issuance of a traffic citation. Sec. 19-120 Owners' defenses. Sec. 19-121 Penalties. Sec. 19-122 Administrative costs; no commissions. Sec. 19-123 Accounting for program revenues and expenditures. Sec. 19-124 Consistency with state law. Article VIII. Tow Trucks .......................................... Page #138 Sec. 19-182 Definitions. Palm Beach County Ordinances 44 Sec. 19-183 Tow truck class specifications. Sec. 19-184 Operating permit required. Sec. 19-185 New applications/renewals and issuance of operating permit; fees. Sec. 19-186 Inspection of storage yards and public offices required. Sec. 19-187 Insurance requirements. Sec. 19-188 Tow truck registration; tow truck standards; decals. Sec. 19-189 Inspection procedures and requirements. Sec. 19-190 Non-consent manifest, towing invoice, or tow sheet. Sec. 19-191 Advertisements. Sec. 19-192 Records required. Sec. 19-193 Operating permit required to do business with the county. Sec. 19-194 Non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law enforcement agency. Sec. 19-195 Notice requirements for providing non-consent tow services at request of real property owners. Sec. 19-196 Non-consent tow truck company requirements. Sec. 19-197 Consent-only tow truck company requirements. Sec. 19-198 Maximum non-consent towing and storage rates for non-consent tow services. Sec. 19-199 Tow truck driver requirements; failure to comply. Sec. 19-200 Fraudulent transfer of tow truck company. Sec. 19-201 Deceptive and unfair trade practices. Sec. 19-202 Cease and desist order. Sec. 19-203 Assurance of voluntary compliance. Sec. 19-204 Enforcement and penalties: civil and criminal. Sec. 19-251. Title. "Palm Beach County Curbstoning Ordinance”. Sec. 19-252. Authority. Sec. 19-253. Applicability. Sec. 19-254. Definition. Sec. 19-255. Prohibited acts; exceptions. Sec. 19-256. Impoundment; fees and penalties. Sec. 19-258. Enforcement. Chapter 20 Nuisance Abatement ............................. Page #163 Repealed by Ord 2014-21 Chapter 21 Parks and Recreation ............................ Page #163 Sec. 21-16 Short title. Sec. 21-17 Authority of the director of parks and recreation. Sec. 21-18 Definitions. Sec. 21-19 Regulation of vehicles within parks. Sec. 21-20 Buildings and other property. Sec. 21-21 Fire. Sec. 21-22 Plant and wildlife protection and preservation. Sec. 21-23 Control of nuisance animals. Sec. 21-24 Swimming and wading. Sec. 21-25 Boating. Sec. 21-26 Water skiing. Sec. 21-27 Fishing. Sec. 21-28 Firearms. Sec. 21-29 Picnic areas and use. Sec. 21-30 Camping. Sec. 21-31 Horseback riding. Sec. 21-32 Animals. Sec. 21-33 Alcoholic beverages. Sec. 21-34 Fireworks and explosives. Sec. 21-35 Park usage. Sec. 21-36 Commercial activities. Palm Beach County Ordinances 45 Sec. 21-37 Reserved park/facility areas. Sec. 21-38 Permits. Sec. 21-39 Noise. Sec. 21-40 Aircraft. Sec. 21-41 Pollution of waters. Sec. 21-42 Refuse, trash and litter. Sec. 21-43 Public utilities. Sec. 21-44 Park hours. Sec. 21-45 Enforcement. Sec. 21-46 Penalties. Sec. 21-61.Title. Sec. 21-62.Definitions. Sec. 21-63.Trespass notice; authorization to issue; appeal. Sec. 21-64.Enforcement. Sec. 21-65.Penalty. Chapter 23 Roadside Stands and Vendors ................... Page #172 Sec. 23-96. Title. Sec. 23-97. Authority. Sec. 23-98. Permit required for commercial use of county rights-of-way. Sec. 23-100. Criteria for vending locations. Sec. 23-101. Criteria for permit issuance. Sec. 23-104. Conditions of permit. Sec. 23-105. Attire. Sec. 23-110. Revocation of permit. Sec. 23-113. Violation of article. Sec. 23-114. Enforcement. Chapter 27 Water Sewers and Sewage Disposal ............. Page #177 Sec. 27-40 Declaration of water shortage or water shortage emergency. Sec. 27-41 Enforcement. Sec. 27-42 Penalties. Chapter 28 Weapons ......................................... Page #177 Sec. 28-21 Definitions. Sec. 28-22 Discharge of firearms. Sec. 28-23 Mandatory waiting period; Criminal history records check requirement. Sec. 28-24 Enforcement. Sec. 28-25 Penalty. Sec. 28-26 Applicability. Appendix B Airport Regulations ............................. Page #178 Sec. 1-1 Definitions. Sec. 1-2 Applicability of rules and regulations. Sec. 1-3 Compliance. Sec. 1-4 Other laws. Sec. 1-5 Enforcement. Sec. 1-6 Penalties. Sec. 2-1 Preservation of property. Sec. 2-2 Sanitation. Sec. 2-3 Alcoholic beverages and drugs. Sec. 2-4 Weapons, explosives and flammable material. Sec. 2-5 Lost articles. Sec. 2-6 Animals. Sec. 3-1 Cleaning of equipment. Sec. 3-2 Open flame operations. Sec. 3-3 Storage of material. Sec. 3-4 Lubricating oil. Palm Beach County Ordinances 46 Sec. 3-5 Smoking. Sec. 3-6 Cleaning fluids. Sec. 3-7 Leasehold cleanliness. Sec. 3-8 Care of aircraft ramp, apron and parking areas. Sec. 3-9 Doping, paint stripping and spray painting. Sec. 3-10 Operating motor vehicles in hangars. Sec. 3-11 Grounding of aircraft in hangars. Sec. 3-12 Repairing of aircraft. Sec. 3-13 Operating aircraft engines in hangars. Sec. 3-14 Electrical equipment and lighting systems. Sec. 3-15 Fueling and de-fueling. Sec. 3-16 Fire extinguishing equipment instruction. Sec. 3-17 Radio operation. Sec. 3-18 Heating systems in hangars. Sec. 3-19 Hazardous materials. Sec. 3-20 Self-service fueling. Sec. 4-1 Entry to AOA or other restricted areas. Sec. 4-2 Identification cards. Sec. 4-3 Security devices and directives. Sec. 4-4 Inspection. Sec. 5-2 Protection of leased areas. Sec. 5-3 First aid equipment. Sec. 6-1 Governing law. Sec. 6-2 Traffic control devices. Sec. 6-3 Parking for motor vehicles. Sec. 6-4 Removal of Vehicles. Sec. 6-5 Abandoned vehicles. Sec. 6-6 Accident reports. Sec. 7-1 Governing law. Sec. 7-2 Authority to operate on the air operations area. Sec. 7-3 Yielding to aircraft. Sec. 7-4 Crossing runways and taxiways. Sec. 7-5 Operations near aircraft. Sec. 7-6 AOA radio requirements. Sec. 7-7 Designated vehicle routes. Sec. 7-8 Vehicle equipment and safety requirements. Sec. 7-9 Lights on motor vehicles. Sec. 7-10 Tugs and trailers. Sec. 7-11 Parking. Sec. 7-12 Motor vehicle accidents on the AOA. Sec. 7-13 Repair and fueling of motor vehicles on AOA. Sec. 8-3 Aircraft accidents. Sec. 8-12 Interference with aircraft operations. Sec. 9-2-4 Distribution of literature or picketing--Limitations. Sec. 9-2-5 Distribution of literature or picketing--Scope. Sec. 10-2 Ground transportation. Sec. 10-3 Rental cars. Sec. 10-4 Buses. Sec. 10-5 Nonconcessionaire rental car companies. Unified Land Development Code, Article-5 ................... Page #193 Section - 4 Palm Beach County Noise Ordinance & Nuisances Palm Beach County Ordinances 47 Chapter 3 ALCOHOLIC BEVERAGES Sec. 3-1. Alcoholic beverage license for airports. (a) A beverage license, as is provided for in Florida Statutes section 561.17, shall be issued to any municipality, county, airport authority or other governmental agency that operates an airport where an airline transportation company or companies, properly certified by the United States of America operate and maintain a regular passenger service on scheduled flights in the county. (b) The beverage license shall be issued upon the written or printed application for license to conduct the business, made to the district supervisor of the state division of alcoholic beverages and tobacco, stating the character of the business to be engaged in, the address of the existing building wherein is located the premises sought to be licensed and the kind of license, as is defined in Florida Statutes chapter 561, which the applicant desires. The application shall be in the name of the municipality, county, airport authority or other governmental agency desiring any such license, and when issued shall be issued in the name of such applicant. The applicant shall pay the license fee for the kind of license that applicant desires, as is provided for by law. (c) The beverage license shall be for the term, and subject to the same privileges of renewal as is provided in Florida Statutes sections 561.26 and 561.27. Any business operated under the beverage license shall be operated only by a lessee of the premises designated therefor at the airport to whom the license may be transferred. The governmental agency operating the airport and the lessee shall make application for the transfer of the license and the application shall be approved by the director of the division of alcoholic beverages and tobacco in accord with the same procedure provided for in Florida Statutes sections 561.18 and 561.19, provided, however, that any transfer of the beverage license to the lessee shall be on the condition that if the lease shall be terminated at any time and for any cause the lessee shall immediately retransfer the beverage license to the governmental agency operating the airport, and in the event of the failure and refusal of the lessee to so retransfer the beverage license, it shall be re-transferred to the governmental agency upon proper request made in writing by such governmental agency. Thereafter the beverage license may be again transferred to any new lessee of the premises designated therefor upon the same terms and conditions. It is the intent and purpose of this section that the beverage license shall at all times be the property of the governmental agency operating the airport, subject to its transfer from time to time to enable the lessee of the premises designated therefor to operate the business under the beverage license authorized by this section Sec. 3-2. Hours of sale. No alcoholic beverages may be sold, consumed, served or permitted to be served or consumed in any place holding a license under the state division of alcoholic beverages and tobacco in the unincorporated area of the county, except as follows: (1) In the unincorporated areas of the county, alcoholic beverages may be sold, consumed, served or permitted to be served or consumed in any place holding a license issued under the state division of alcoholic beverages and tobacco, except between the hours of 5:00 a.m. and 7:00 a.m. (2) Notwithstanding the foregoing, on New Year's Day, January 1, alcoholic beverages may be sold, consumed, served or permitted to be served or consumed in any place holding a license under the state division of alcoholic beverages and tobacco between the hours of 5:00 a.m. and 7:00 a.m. It is the duty of the sheriff's department of the county, its deputies and agents, as well as any other authorized law enforcement agency of the state, to strictly enforce the provisions of this section. Any violation of any of the provisions of this section, if not otherwise provided, shall be prosecuted as a misdemeanor of the second degree and punished by a fine of not more than five hundred dollars ($500.00) and/or imprisonment in the county jail for not more than sixty (60) days. Each day of violation shall be considered a separate offense. (Ord. No. 05-014) Sec. 3-3. Public possession or consumption. (a) In this section, the following terms and phrases shall have the meanings set forth below, unless the context clearly indicates otherwise. (1) Alcoholic beverage means any beverage containing more than one (1) percent of alcohol by weight, as determined in accordance with Florida Statutes section 561.01(4)(b). (2) Beverage law means Florida Statutes chapters 561, 562, 563, 564, 565, 567, 568. Palm Beach County Ordinances 48 (3) Commercial establishment parking lot means any private or public area appurtenant to commercial establishments used by the public for parking for, and pedestrian access to, commercial establishments, including drives, parking areas, and sidewalks and walkways appurtenant thereto. (4) Container means any can, bottle, carton, or other vessel of alcoholic beverage. (5) Public or semipublic area open for vehicular travel means all public and private roads, streets, highways, lanes, alleys, parking lots, and parking areas on which the public is expressly or implicitly invited to travel by motor vehicle or which is otherwise open for vehicular travel. The term does not include: a. Areas such as golf courses, go-cart tracks, motocross tracks, and similar areas; and b. Private driveways or property serving a single dwelling unit. (b) The uncontrolled consumption of alcoholic beverages in and around commercial establishment parking lots contributes to lewd behavior, verbal harassment, intoxicated disorderly conduct, destruction of property, excessive noise, and litter. The uncontrolled consumption of alcoholic beverages in and around commercial establishment parking lots has led to an increase in the number of violent crimes committed on and near those commercial establishment parking lots. Individuals consuming alcoholic beverages in and around commercial establishment parking lots deter the public's use and enjoyment of these areas. No effective means exists to deter the violent, disorderly, destructive, or offensive conduct associated with the consumption of alcoholic beverages in and around uncontrolled commercial establishment parking lots other than to prohibit the consumption of alcohol in those areas. (c) It shall be unlawful for any person to drink or consume any alcoholic beverage in or within five hundred (500) feet of a commercial establishment parking lot in the county, except in those areas in which such consumption is permitted pursuant to the Beverage Law, special or general act of the state, the Florida Administrative Code, or county ordinance, resolution, or administrative approval. Nothing herein shall prohibit consumption on private property within five hundred (500) feet of a commercial establishment parking lot; provided that the owner or person in control of the private property has explicitly consented to such consumption. (d) It shall be unlawful for any person to possess any alcoholic beverage in or within five hundred (500) feet of a commercial establishment parking lot in the county except in those areas in which such possession is permitted pursuant to the Beverage Law, special or general act of the State Legislature, the Florida Administrative Code, or county ordinance, resolution, or administrative approval unless such alcoholic beverage is in the original container with the seal unbroken. (e) [Repealed by Ord. No. 93-14.] (f) This section shall not apply to: (1) Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, nor to any person taking part in a litter control campaign; (2) The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic beverage is being transported solely for commercial purposes; (g) It shall be the duty and responsibility of all appropriate law enforcement officers to enforce the provisions of this section. (Ord. No. 93-14) amended Ord. No. 86-9 such that possession in a motor vehicle is NOT an Ord violation. Sec. 3-4. Warning signs. (a) Definitions. (1) Alcoholic beverage means and includes alcohol, spirits, liquor, wine or beer, regardless of amount, containing more than one (1) percent of alcohol by weight. (2) Vendor of alcoholic beverages means any person who owns or operates a business establishment which sells or dispenses any alcoholic beverages for consumption on or off the premises. (3) Business establishment shall mean and include, but not be limited to, any place of business of any club, organization, person, firm, corporation or partnership, such as a golf club; country club; veteran's, fraternal or benevolent organization; grocery store; drugstore; night club; bottle club; bar; tavern; restaurant; grill; filling station; convenience store; or other building, structure or location or portion thereof, wherein one person directly or indirectly pays another for the purchase or dispensing of an alcoholic beverage. (4) Dispense means and includes the storing, handling, apportionment, preparation, gift, distribution or serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by any officer, owner, operator, lessee or employee of a business Palm Beach County Ordinances 49 establishment. For purposes of this definition, permitting or allowing any person to carry alcoholic beverages on the premises of any business establishment to be consumed thereon shall constitute the ``dispensing'' of such beverages. (5) Sale shall mean and include any transfer of an alcoholic beverage for a consideration; any gift of an alcoholic beverage in connection with or as a part of a transfer of any property or product not an alcoholic beverage for a consideration. (6) Person shall mean an individual, person, firm, partnership, corporation or association. (b) Posting of public health messages. All persons who own or operate a business establishment which sells or dispenses alcoholic beverages for consumption on or off the premises shall post, in a conspicuous place within the business establishment where alcoholic beverages are displayed, purchased or consumed, one (1) or more signs or notices, not less than twelve (12) inches wide and eighteen (18) inches high, which contain the following statement, clearly discernable by persons to whom alcoholic beverages may be sold or dispensed: HEALTH WARNING Alcohol in Beer, Wine, and Liquor Can Cause: Intoxication Addiction Birth Defects Do Not Drink Before Driving or Operating Machinery Do Not Mix Alcohol With Other Drugs (It Can Be Fatal) Do Not Drink During Pregnancy (c) Prohibition. No person shall sell or dispense alcoholic beverages at a business establishment unless and until the sign or notice required by subsection (b) of this section has been posted in accordance with this section. (d) Penalties. Any person, firm, corporation, association or agent thereof who shall violate the provisions of this section shall be subject, upon conviction, to a fine not exceeding the sum of five hundred dollars ($500.00), or imprisonment in the county jail for a period not exceeding sixty (60) days, or by both such fine and imprisonment. Each day of violation of the provision of this section shall constitute a separate offense. (Ord. No. 91-17) Sec. 3-5. - Posting of underage drinking signs. (a) Definitions. The following words, phrases, or terms when used in this Section shall, unless the content otherwise indicates, have the meanings provided below. No attempt is made to define ordinary words which are used in accordance with their established dictionary meaning except when necessary to avoid misunderstanding. Alcoholic beverage means alcohol, spirits, liquor, wine or beer, regardless of amount, containing more than one (1) percent alcohol by weight. Business establishment includes, but is not limited to, any place of business or any club, organization, person, firm, corporation or partnership, such as: a golf club; country club; veteran's fraternal or benevolent organization; grocery store; drug store; night club; bottle club; bar; tavern; restaurant; grill; filling station; convenience store; or any other building, structure or location or portion thereof, wherein one person directly or indirectly pays another for the purchase or dispensing of an alcoholic beverage. Conspicuously posted means clearly visible, easily readable and immediately apparent upon viewing. Dispense means the storing, handling, apportionment, preparation, gift, distribution, or serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by any officer, owner, operator, lessee, or employee of a business establishment. For purposes of this definition, permitting or allowing any person to carry alcoholic beverages on the premises of any business establishment to be consumed thereon shall constitute the "dispensing" of such beverages. Minor means any individual under the legal drinking age as set forth by F.S. §§ 562.11 and 562.111, as may be amended or replaced. Person means an individual, person, firm, joint venture, partnership, corporation, estate, trust, business trust, syndicate, fiduciary, association, and all other groups or combinations. Sale means any transfer of an alcoholic beverage for consideration, or any gift of an alcoholic beverage in connection with or as a part of a transfer of any property or product for consideration. Vendor of alcoholic beverages means any person who owns or operates a business establishment which sells or dispenses any alcoholic beverages for consumption on or off the premises. (b) General requirements. (1) All persons who own or operate a business establishment in Palm Beach County which sells or dispenses alcoholic beverages for consumption on or off the premises shall conspicuously post a notice within said business establishment where alcoholic beverages are displayed, Palm Beach County Ordinances 50 purchased, or consumed. Failure to post such required notice pursuant to the requirements of this subsection (b), shall constitute a violation of this section. (2) Required notice shall consist of one or more signs or notices, each of which is not less than ninety-three (93) square inches (8½ inches × 11 inches), with at least a fourteen-point type, which contains the following information, clearly discernable by persons to whom alcoholic beverages may be sold or dispensed: a. It is unlawful to purchase alcohol if you are under twenty-one (21) years of age. b. It is unlawful to sell or dispense alcohol to persons under twenty-one (21) years of age, unless exempt pursuant to F.S. §§ 562.11 or 562.13. c. The penalties associated with the sale or dispensing of alcoholic beverages to persons under twenty-one (21) years of age include imprisonment in county jail for a period of up to sixty (60) days, a fine up to five hundred dollars ($500.00), or both. d. A telephone number to report those who are in violation of the law. Such telephone numbers may include but are not limited to: 1. 211 Palm Beach County. 2. 561-650-6840 — Division of Alcoholic Beverages and Tobacco. (c) Enforcement. It is unlawful to violate any provisions of this section. Such violations may be enforced by all means available at law including but not limited to enforcement proceedings before Palm Beach County Code Enforcement Special Masters, the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69, as may be amended, or any other lawful actions as are necessary to prevent or remedy any violation of this section. (d) Applicability. All provisions of this section shall apply to the unincorporated areas of Palm Beach County, Florida, and to all municipalities within Palm Beach County that elect to have the provisions of this section apply within their respective jurisdictions. (Ord. No. 2012-005) Article II - Night Club Security Sec. 3-22. Definitions. The following words and phrases when used in this article shall have the meanings as set out herein: Nightclub means any commercial establishment at which alcohol is sold and consumed, and which, at any one time, is determined to be a nightclub by application of the factors set forth in this definition. If a commercial establishment could reasonably be classified as either a restaurant, a nightclub or some different use, it shall be deemed a nightclub for purposes of this article. In determining whether an establishment is a nightclub, the following factors shall be considered: (1) If one (1) of the following two (2) factors is satisfied, then the establishment is a nightclub: a. The establishment charges a cover charge, door charge, required contribution, or one time membership fee which is paid at the door; or b. The establishment has a minimum drink purchase requirement. (2) If neither of the factors listed in subsection (a) above are present, then if three (3) of the following five (5) factors are satisfied, the establishment is a nightclub: a. There is a dance floor or other open area used by patrons for dancing or for viewing of live entertainment (such dance floor or open space may be established by the temporary removal or rearrangement of furniture or tables); b. The establishment is open to the public any time between 11:00 p.m. and 8:00 a.m. on any day of the week; c. The maximum capacity of the establishment, as set by the fire officials through fire, building, structure, and other relevant laws and ordinances, is over one hundred fifty (150) persons. The facility may restrict its capacity to a lesser number; d. Advertisements for the establishment routinely describe specific entertainment events or engagements (e.g. "House Party Saturday Night"; "DJ Thursday night"; "Rock Band tonight"); or e. The establishment features a platform or musical staging area used in connection with performances or entertainment. Owner, except when specific reference is made to the owner of the physical location or premises, shall include the owner, operator, manager, promoter or other person having supervision over a nightclub as defined herein. Parking lot means an area given, leased, rented or otherwise used by patrons and staff to park vehicles. Promoter means a person or the legal entity who assumes the financial responsibilities of a nightclub, including but not limited to, contracting with the principals, renting the site and collecting the gate revenues. Palm Beach County Ordinances 51 Security officer means any individual who, for consideration, advertises as providing or performs bodyguard services or otherwise guards persons or property and maintains a class D license pursuant to state law. Sheriff means the Palm Beach County Sheriff. (Ord. No. 2011-013) Sec. 3-23. Security/law enforcement presence. Nightclubs shall be required to comply with the security/law enforcement presence as follows: (1) All nightclubs located in the unincorporated area shall provide interior and exterior security personnel of a number equaling one (1) security officer per each occupancy level of one hundred fifty (150) occupants or any portion thereof or as determined by the sheriff's office, with cause. For example, if the occupancy level of an establishment is five hundred (500), a total of four (4) interior and exterior security personnel are required. If the occupancy level is one hundred fifty (150), a total of one (1) interior and exterior security personnel is required. Security officers employed or contracted by owners shall complete the requirements for a class D license established pursuant to Florida Statutes, § 493.6303, and be so licensed. Security officers must provide proof of the class D license upon request of law enforcement. (2) Additionally, the owner shall, at its expense, provide the required minimum number of off-duty sheriff deputies, as approved by the sheriff or his designee. The sheriff or his designee may periodically review and adjust its recommendation as to the required staffing of off-duty sheriff deputies, based on the availability of off-duty sheriff deputies and current security conditions at the nightclub and within its vicinity. Such deputies shall commence service at 10:00 p.m. or as designated by the sheriff's office each evening the nightclub is open to the public later than 10:00 p.m. and ending one (1) hour after closing of said nightclub or as designated by the sheriff's office. Nightclubs shall be required to employ a minimum of two (2) sheriff's deputies and one (1) additional sheriff's deputy thereafter for each one hundred fifty (150) persons or any portion thereof of the maximum capacity of the premises or as designated by the sheriff's office. Notwithstanding anything herein to the contrary, the sheriff may, within his sole discretion, authorize a nightclub to use security officers in lieu of off-duty deputies in order to comply with this subsection. (3) This section shall not apply to nightclubs that have had less than four (4) incidents which required a law enforcement response within the preceding calendar year, and which are attributable to events held at the nightclub. (Ord. No. 2011-013) Sec. 3-24. Additional security measure. Nightclubs shall provide exterior security lighting of a minimum illumination of an average of one and one-half (1.5) horizontal and vertical footcandles measured at six (6) feet above grade level throughout the parking area. Pursuant to Ordinance No. 05-041, the maximum illumination at the property line of an adjoining residential parcel or public right-of-way is one-third (0.33) horizontal and vertical foot-candles measured at six (6) feet above grade level. Said illumination likewise measured at the property line of an adjoining nonresidential parcel, shall not exceed three (3.0) horizontal and vertical footcandles measured at six (6) feet above grade level. (Ord. No. 08-060) Sec. 3-25. Patron age restriction. It shall be unlawful for persons under the age of twenty-one (21) to patronize, visit, loiter, be admitted or allowed access, in any nightclub, except as hereinafter provided. This restriction shall not apply to: (1) Persons employed by or at the nightclub; (2) A nightclub, during any time period in which it is not serving or selling alcoholic beverages to the public, or allowing alcoholic beverages to be consumed on its premises, provided that, before anyone under the age of twenty-one (21) is admitted into the nightclub, all alcoholic beverages previously served to customers or being consumed by customers, are removed from customer access and otherwise discarded, and the nightclub's entire inventory of alcoholic beverages is properly secured from public access. The sale, service or consumption of alcoholic beverages may not resume until all persons under the age of twenty-one (21) have vacated the premises; or (3) Members of the military or armed services with proper military identification which reflects that they are currently on active duty with a branch of the United States military. (4) It may be a defense to alleged violations of this section that the person under the age of twenty-one (21) obtained access despite the owner's reasonable efforts to prevent such access, or through fraudulent identification, and the business used reasonable efforts to prevent the use of fraudulent identifications. Palm Beach County Ordinances 52 "Reasonable efforts" shall include, but not be limited to, employees properly checking identification cards at the entrance to the subject establishment. For purposes of this section, "identification cards" are defined as official federal, state or local government issued identification cards. Under these circumstances, only the persons who gained access to the alcoholic beverage establishment by presenting fraudulent identification shall be considered in violation of this section. (Ord. No. 08-060) Sec. 3-26. Enforcement and penalties. It shall be unlawful for any person to violate any of the provisions of this article. Code enforcement notices of violation shall be issued to any nightclub that fails to meet any of the illumination requirements established in section 3-24 of this article. The notice of violation shall be left with the owner, proprietor, or highest-ranking employee then on the premises. An additional copy of the notice will also be mailed via U.S. mail, certified, return receipt requested, to the nightclub at the street address of the nightclub. Proof of delivery by either of these two (2) methods (hand delivery or certified mail) shall be sufficient to establish receipt by the owner. Violations of all other sections of this article shall be punishable, upon conviction, pursuant to F.S. § 125.69(1), by a fine not to exceed five hundred ($500.00) per violation or imprisonment not exceeding sixty (60) days, or both such fine or imprisonment. Each day of violation of the provisions of this section shall constitute a separate offense. In addition to the sanctions contained herein, the county shall take any other appropriate legal action, including but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional cumulative remedies. (Ord. No. 08-060) Sec. 3-27. Police supervision. The presence of any sheriff's deputy at any nightclub shall not relieve the owner thereof, or any of his employees, from the responsibility of adhering to the provisions of this article or for violations of any law or ordinance or from the responsibility of maintaining decency and order in said nightclub. (Ord. No. 08-060) Sec. 3-28. Right of entry for purpose of inspection. All sheriff's deputies shall have free access to nightclubs when open for business for the purposes of inspection and to enforce compliance with the provisions of this article. (Ord. No. 08-060) Sec. 3-29. Exemption. The provisions of this article shall not apply to adult entertainment establishments regulated pursuant to Palm Beach County Code chapter 17, article V. (Ord. No. 08-060) Sec. 3-30. Limitation of liability. Neither the sheriff's office or the county shall be under any obligation or duty to any person hereunder by reason of this article. The sheriff specifically disclaims liability for any damages which may be caused by failure to provide security. (Ord. No. 08-060) Chapter 4 ANIMALS Sec. 4-2. Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not defined shall be given their common and ordinary meaning. Adoption means the transfer of ownership of an unwanted, abandoned, abused or stray animal by a shelter, humane society, private nonprofit animal organization, or animal rescue organization to an adoptive owner. The term adoption does not include the sale of an animal for profit. Advertising shall mean any statement made in connection with the solicitation of an animal service, animal business, and/or the sale of an animal and includes without limitation, statements and representations made in a newspaper or other publication, on the radio, television, or internet or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Aggressive dog shall mean any dog that according to the records of the Division has severely injured or killed a domestic animal while off the owner's property. Altered animal shall mean any animal that has been spayed or neutered. Animal shall mean any living vertebrate Palm Beach County Ordinances 53 other than a human being. Animal care and control division or division shall mean an entity of the Board of County Commissioners. Animal control officer/code enforcement officer shall mean any person employed by the County whose duty it is to enforce codes and ordinances pursuant to Florida Statutes, § 162.21, and including County animal care and control ordinances and as defined in Florida Statutes, § 828.27(1)(b) and other applicable State laws. Animal establishment shall mean a kennel, commercial breeder, pet dealer, pet shop, grooming parlor, mobile grooming unit, excess animal habitat or commercial stable operating in Palm Beach County. Animal rescue organization shall mean any organization engaged in housing dogs or cats in the County for the purpose of adoption. Authorized veterinarian/clinic shall mean any person licensed or permitted to practice veterinary medicine under the laws of the State and such person shall have had no previous incidents where money collected from the sale of rabies/license tags has been used/handled inappropriately or illegally. Board shall mean the Board of County Commissioners of the County. Breeding shall mean sexual intercourse or artificial insemination of an animal, the result of which may be offspring. Carrier means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise that is engaged in the business of transporting any animals for hire. Class A breeder means a person who holds a class A license issued by the United States Department of Agriculture pursuant to 7 U.S.C. § 2131 et seq., and regulations promulgated thereunder. Class B dealer means a person who holds a class B license issued by the United States Department of Agriculture pursuant to 7 U.S.C. § 2131 et seq., and regulations promulgated thereunder. Commercial breeder shall mean any person who engages in the sale or breeding of more than two (2) litters of dogs or cats or twenty (20) dogs or cats, whichever is greater, per one-year period. Commercial trapper shall mean any person or business receiving compensation for trapping animals. Community cat shall mean any un-owned free-roaming cat that has been sterilized, vaccinated against rabies, ear-tipped, implanted with an EAID and returned to field and may be cared for by one (1) or more residents of the immediate area who is/are known or unknown. Community cat caregiver means a person who provides food, water and/or other care for one (1) or more community cats but who does not own, harbor, keep or have custody, control or charge of such cats. County shall mean the incorporated and unincorporated areas of the County. Dangerous dog shall mean any dog that according to the records of the Division, meets at least one (1) of the following: (1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property. (2) Has more than once severely injured or killed a domestic animal while off the owner's property. (3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting. (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the Division. Director shall mean the Director of the Palm Beach County Division of Animal Care and Control. Domestic animal shall mean any animal defined in F.S. § 585.01(10). Electronic animal identification device (EAID) shall mean a microchip with a frequency used and approved by the Division. Ear-tipping means removing approximately a quarter-inch off the tip of a cat's left ear while the cat is anesthetized for sterilization. An ear-tip on the left ear shall be presumptive evidence that a cat has been vaccinated against rabies, implanted with an EAID, sterilized and returned to the field. Excess animal habitat shall mean any property measuring two and one-half (2.5) acres or more on which the maximum number of thirty (30) dogs and cats has been exceeded and for which a permit has been issued by the Division. Finally determined means a determination of a federal agency where all rights to challenge such determination at available administrative tribunals and courts of law have been exhausted or the time period within which such challenge may be filed has expired. Free-roaming shall mean any cat found Palm Beach County Ordinances 54 outdoors regardless of the cat's appearance, behavior or ownership status. Grooming establishment shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicuring or other related services (not to include breeding, dentistry or overnight boarding). Guard dog shall mean any type of dog used for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment or which resides on the nonresidential property. The term "guard dog" shall exclude any stock dogs used primarily for handling and controlling livestock or farm animals. Guard dog service shall mean any person, business, or corporation that trains, sells, rents, or leases guard dogs for the purpose of defending, patrolling, or protecting property or life at any nonresidential establishment in Palm Beach County. Guide dog or service animal shall mean any guide dog, signal dog, or other animal individually trained and utilized to do work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding an individual with impaired vision, alerting an individual with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items (as stated in Americans With Disabilities Act Rules and Regulation Regarding Service Animals, 28 Code of Federal Regulation (CFR) Part 36, Subpart A-General 36.104 Definitions). Harborer or caregiver shall mean any person who provides care, shelter, protection, refuge, or nourishment to an animal or undertakes the responsibility to do so. Hobby breeder shall mean any person who intentionally or unintentionally causes or allows the breeding or studding of a dog or a cat or engages in the breeding of up to two (2) litters of dogs or cats or nineteen (19) dogs or cats per household or premises per one-year period. Humane society shall mean an incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is to provide for the protection of animals. A humane society operates from a business facility on appropriately zoned property and has advertised and set hours for public access. Humane trap shall mean any device used for capturing an animal without inflicting injury, pain or suffering and which provides adequate ventilation for the trapped animal. Snares, leg traps or similar devices are considered inhumane and shall not be used. Injury shall mean any physical injury that results in breaking the skin, a bite, or a laceration of the skin. Intermediate handler means any person (other than a dealer, research facility, exhibitor, any person excluded from the definition of a dealer, research facility, or exhibitor, an operator of an auction sale, or a carrier as defined in 9 CFR § 1.1), who is engaged in any business in which he/she receives custody of animals in connection with their transportation in commerce. Kennel shall mean any place of business at which dogs or cats are kept for boarding, training, daycare, rental, or other use for hire. Livestock shall include all animals of the equine (horse, mule, etc.), bovine (cattle), porcine (swine), caprine (goats), ovine (sheep) and domesticated poultry. Major violation shall mean a violation including any one (1) of the following: (1) A violation of section 4-24(a), Animal Care; manner of keeping, other than a violation requiring immediate veterinary care as provided in section 4-23(b)(11)e., Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits. (2) Failure to ensure that animals offered for sale are vaccinated with required vaccines as required by this chapter. (3) Offering an animal for sale without maintaining all properly completed OCVI's pertaining to the animal, which contain records for only one (1) animal, as required by this chapter. (4) Failure to have an animal examined by a veterinarian and tested by a veterinarian as provided in section 4-23(i)(1), Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits. (5) Falsifying records required to be maintained or provided to the County or consumers under this chapter. (6) A violation of section 4-23(n), Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits. (7) Failure to properly isolate or quarantine an animal with a known or suspected communicable animal-to-human or animal-to-animal disease. (8) Failure to comply with minimum requirements concerning physical Palm Beach County Ordinances 55 facilities, animal cages, enclosures, housing, or shelter or tethering in violation of this chapter. (9) A violation involving a dog or cat transported or offered for sale prior to eight (8) weeks of age or imported in violation of this chapter. (10) Failure to provide required disclosures to a consumer. (11) Failure to comply with warranty requirements for dogs and cats offered for satesale. (12) Failure to follow cleaning requirements set forth in this chapter. Minor violation shall mean a violation that is readily correctible including any one (1) of the following: (1) Any violation involving recordkeeping or signage that is not listed as a major violation. (2) Failure to timely provide records to the Division. (3) Failure to microchip an animal as required by this chapter. (4) Failure to make a record available to an inspector upon request. (5) A violation involving an animal escaping from the premises of the permitted facility. Official certificate of veterinary inspection shall mean a legible certificate of veterinary inspection which has been issued by the State Department of Agriculture and Consumer Services and signed by the examining veterinarian licensed by the State and accredited by the United States Department of Agriculture. Owner shall mean any person, firm, corporation, organization, humane society, public or private nonprofit organization, harborer, or caregiver, other than a community cat caregiver, who owns, keeps, harbors, possesses, or has control or custody of an animal. If the person purporting to own an animal is a minor as defined by the Florida Statutes, the minor's parent(s) or legal guardian shall be deemed the owner of an animal for the purposes of this chapter. Person shall mean any natural person, society, firm, corporation, partnership, association, humane society, public or private nonprofit organization, other legal entity, public or private institution, municipal corporation, unit of local government or other business unit and every officer, agent, or employee of such business unit. If the person is a minor as defined by the Florida Statutes, the minor's parent(s) or legal guardian shall be deemed the owner of an animal for the purposes of this chapter. Pet dealer shall mean any person who, in commerce, for compensation or profit engages in the sale of a dog(s) or cat(s) for use as a pet but who does not engage in breeding dogs or cats. This definition excludes humane societies, private animal nonprofit organizations, animal rescue organizations and shelters. Pet shop shall be held to include any place of business where pet/companion animals (including small animals intended for use as reptile food) are kept for retail or wholesale purchase. Excluded are those animals regulated and controlled by the State Fish and Wildlife Conservation Commission. This definition excludes humane societies, private animal nonprofit organizations, animal rescue organizations and shelters. Police work dog shall mean any dog owned by any State, County or municipal police department or any State or Federal law enforcement agency which has been trained to aid law enforcement officers and is actually being used for police work purposes. Premises shall mean any parcel of land and the structures thereon. Private animal nonprofit organization shall mean an incorporated organization that has a nonprofit status with the Internal Revenue Service for which the central purpose is sheltering, adopting, fostering, providing rescue or old age homes for dogs and/or cats or TNVR for cats. "Rescue" shall include legally receiving dogs and/or cats from shelters or owners, and providing medical or behavioral rehabilitation for placement into new homes. Breeding of rescue dogs or cats is prohibited. Psittacine bird means any member of the Psittacidae family of birds including but not limited to parrots, parakeets, and macaws. Public road shall mean any street, sidewalk, alley, highway or other way open to travel by the public, including rights-of-way, bridges, common ground, easements and tunnels. Quarantine shall mean the strict confinement, isolation and observation of an animal suspected of having rabies or any other infectious zoonotic disease. Quarterly basis means the calendar quarters ending March 31, June 30, September 30, and December 31 each calendar year. Return to field shall mean return to the place of origin, the vicinity of the place of origin or, as a last resort, to an alternative location if all reasonable options of return to the place of origin have been exhausted. Secure enclosure shall mean a locked pen Palm Beach County Ordinances 56 or structure constructed to prevent an animal from escaping over, under or through the enclosure. The enclosure shall have secure sides and a top. Severe injury shall mean any physical injury that results in broken bones, multiple bites or disfiguring punctures/lacerations requiring sutures or reconstructive surgery. Shelter means a governmentally operated animal care and control facility. Stable, commercial shall mean those premises where: (1) More than four (4) equine are kept which do not belong to the owner or operator of the premises; or (2) Equine are kept for boarding, pasturing, breeding, riding, training, riding lessons, resale or rearing, and for which advertising is used to promote such activities. "Advertising" shall mean any written statement (excluding real property leasehold arrangements) made in connection with the solicitation of such businesses and includes without limitation, statements and representations made in a newspaper or other publication, or on radio or television or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Stable, private shall mean those premises where up to four (4) equine are kept which do not belong to the owner or occupant of the premises. Sterilization shall mean rendering an animal permanently incapable of reproduction by surgical or chemical alteration, implantation of a device or other physical means, or because of physiological sterility, but only where sterilization has been certified by a veterinarian licensed in any state. The term sterilization is equivalent to the term spay for female animals or neuter for male animals. Sterilized shall refer to an animal permanently incapable of reproduction. Stray (noun) shall mean any animal that does not appear, upon reasonable inquiry, to have an owner. TNVR , also known as trap, neuter, vaccinate, return, shall mean a program whereby a free-roaming cat is humanely trapped, spayed or neutered, implanted with an EAID, vaccinated against the threat of rabies, ear-tipped and returned to field. Unaltered shall mean an animal that has not been sterilized. Unprovoked shall mean carried out without cause or reason. For the purpose of this chapter, an act is "unprovoked" if not instigated by the victim, whether the victim is a person or domestic animal. (Ord. No. 2016-045 § 9-27-16) Sec. 4-3. Females in heat. The owner or keeper of a female dog or cat in heat (estrus) shall humanely and securely confine such dog or cat indoors or in an enclosed and locked pen or structure to prevent the entry of a male dog or cat and constructed to prevent the female in heat from escaping. The only exception to this section is controlled and intentional breeding purposes. (Ord. No. 98-22, § 3, 6-16-98) Sec. 4-4. Dog and cat control. (a) Dogs. It shall be unlawful for any dog to be off the owner's property (which property is exclusive to the owner) unless the dog is under the restraint or control of a person by means of a leash or other device such as a cage, crate or vehicle in accordance with section 4-24, Animal care; manner of keeping. Dogs shall be exempted from the provisions of this subsection when: (1) Being used by law enforcement to perform law enforcement services; (2) Performing services as a service animal, when necessary to be off leash to perform such services; (3) Within a public space designated for dogs to be off-leash such as a dog park or public beach that allows dogs, provided the handler adheres to all rules instituted for such space; or (4) Engaged in herding, hunting, registered field trials, obedience trials or an American Kennel Club or other similarly recognized show or competition. (b) A fine schedule for violations of this section shall be established by the Board by resolution. As a means to encourage owners to sterilize dogs, the following additional procedure has been implemented: When a first offense citation is issued to an owner of an unsterilized dog for violating paragraph (a) above, the Division is authorized to hold the citation for fifteen (15) working days, allowing time for the owner to have said dog sterilized. If proof of sterilization is presented to the Division in this time period, the citation shall not be processed through the County court system, thus waiving the citation fine for the owner. If the Division is not presented proof of sterilization within fifteen (15) working days, the citation will be processed. (c) Any dog found off the owner's property in violation of this section may be impounded by the Division and held for possible Palm Beach County Ordinances 57 redemption in accordance with section 4-12, Redemption and adoption. (d) Any dog or cat that has bitten, attacked or threatened to bite or attack a human being or domestic animal while off the owner's property (which property is exclusive to the owner) may be impounded by the Division and held for possible redemption in accordance with section 4-12, Redemption and adoption. Such dog or cat may be removed from the owner's property and impounded unless confined in a humane manner within a secure building or enclosure and unable to come into contact with any person(s). (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-5. Animals creating nuisances. (a) The owner having control or custody of any dog, cat or psittacine bird that: (1) Habitually barks, whines, howls, squawks or causes other objectionable oral noise resulting in a serious annoyance to a reasonable person, shall be deemed to be committing an act in violation of this section; or (2) Disturbs the peace by habitually or repeatedly destroying, desecrating or soiling public or private property, chasing persons, livestock, cars or other vehicles, running at large, or other behavior that interferes with the reasonable use and enjoyment of the property, shall constitute a public nuisance. (b) An animal control officer shall investigate an alleged violation of this section upon the receipt of two (2) sworn affidavits of complaint provided by the Division, signed by two (2) unrelated County residents living in separate dwellings in the close vicinity of the alleged violation. For the enforcement of paragraph (a)(2) herein, one (1) of the affidavits may be provided by a person who works for a recognized business or agency that regularly or frequently provides service in the close vicinity of the alleged violation. The affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal, if known. (c) An animal control officer, upon the receipt of two (2) sworn affidavits of complaint as provided for in paragraph (b) herein, may issue a citation to the owner or custodian of any animal alleged to be in violation of this section. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-8. Keeping/adopting stray animals. (a) It shall be unlawful for any person in the County to harbor or keep any stray or apparently lost animal unless he/she has notified the Division within twenty-four (24) hours from the time such animal came into his/her possession. Upon receiving such notice, the Division may require the person to bring the animal to the Division for identification or sheltering, if necessary. It shall be unlawful for any person to refuse to surrender any such stray animal to an authorized representative of the Division upon demand of such representative. (b) Adopting stray found animals. The Division, at its sole discretion, may permit residents who possess a stray dog or cat and who wish to provide it a permanent home, to legally adopt such animal by adhering to the following procedures: (1) Take the found stray animal to the Division to be scanned for an electronic animal identification device (EAID) and checked for a tattoo. An exception to this requirement is for the potential adopter to take the dog or cat to a local veterinarian or another animal shelter to be scanned for an EAID and checked for a tattoo. Proof must be presented to the Division that these requirements have been met. (2) Provide the Division with clear identifying color photographs showing the animal from a side view and a front view. Each photograph must have a minimal dimension of three (3) inches by three (3) inches. It is also recommended that the potential adopter place a "found" advertisement in at least one (1) local newspaper of general circulation. (3) Complete an official division "found" form which provides all appropriate identifying information for the animal. (4) Sign an adoption agreement and pay all necessary fees and deposits. The prospective owner, at his/her option and expense, may make an appointment at the Division to secure the required vaccinations, tests, electronic animal identification device (EAID) and sterilization or may secure these requirements through a private veterinarian. All deposits will be refunded when proof is shown that the new owner has complied with these requirements. (5) If the animal becomes injured or sick while under the potential adopter's care, that person shall be required to pay all necessary veterinary expenses. If the adopter does not wish to pay for needed treatment, the animal must be relinquished to the Division. The potential Palm Beach County Ordinances 58 adopter shall lose all rights and claims to the animal. (6) All potential adopters must agree to relinquish the found dog or cat to its rightful owner after proof of ownership has been demonstrated and/or until such time as the Division approves and releases the animal to the new adopter. All potential adopters will also relinquish the found dog or cat to the Division upon request. (7) Such animal(s) may become the property of a person if the following requirements are also met: a. Photographs and identifying information have been posted at the Division for ten (10) working days; b. The animal has been given a rabies inoculation and County tag; c. The animal has been sterilized; and d. The animal has been implanted with an electronic animal identification device (EAID). The requirements herein must be secured within thirty (30) calendar days after the Division approves the adoption application. Extensions may be granted by the Division for reasonable requests. Any deviation from these adoption requirements by the potential adopter will void the adoption. At its discretion, the Division may refuse an adoption of an animal if it is determined that the adoption is not in the best interest of the animal or the health, safety and general welfare of the public. Factors to be considered may include those factors set forth in section 4-12(d), Redemption and adoption, of this chapter. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-9. Animal waste. The owner of every dog and cat shall be responsible for the removal of any feces deposited by his/her animal on public property, public walks, public beaches, recreation areas or private property of others. (Ord. No. 98-22, § 9, 6-16-98) Sec. 4-11. Dog and cat rabies/license tags. (a) Dogs and cats. (1) Every person who is the owner of any dog six (6) months of age or older or cat four (4) months of age or older shall secure from the Division or an authorized veterinarian/clinic a dog or cat rabies/license tag in accordance with the schedule in subsection (a)(6). The Division shall provide suitable tags for sale through authorized veterinarians/clinics. (2) No rabies/license tag for dogs or cats shall be issued or renewed until evidence of vaccination for rabies by a licensed veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians/clinics shall have available for purchase by the dog or cat owner, a County rabies/license tag. The rabies/license tag shall be valid for one (1) year from the date of vaccination and must be renewed annually. No rabies/license tag shall be valid after the expiration of the rabies vaccination, regardless of the date of issuance. (3) Failure to secure and purchase a new license tag within thirty (30) calendar days after the previous tag expires will result in a late penalty. The Board is hereby authorized to establish by resolution the cost for the late penalty. (4) All dogs shall be required to wear a valid County license tag. The license tag shall be securely fastened about the dog's neck by a collar, harness or other substantial device so as to be clearly visible at all times. Dogs housed in a secure enclosure may be exempt from wearing the required license tag while kept in the enclosure, as long as the tag is securely fastened to a collar/harness and that device is attached to the enclosure. Dogs participating in a registered field trial, obedience trial, conformation show and/or match are not required to wear such tags during the time of the event. (5) All cats, other than community cats, shall be required to wear a valid County license tag. The license tag shall be securely fastened around the cat's neck by a collar, harness or other substantial device so as to be clearly visible at all times. Cats, other than community cats, may be exempt from wearing the required license tag while kept in a secure enclosure as long as the tag is securely attached to the enclosure or while within the owner's residence as long as the tag is provided to an officer upon request. (6) Every person who owns a dog or cat in the County shall be required to secure a dog or cat rabies/license tag pursuant to the following schedule: a. On or before the date a dog is six (6) months of age or cat is four (4) months of age; b. Within thirty (30) calendar days of acquiring a dog or cat; or c. Within thirty (30) calendar days after a dog or cat enters the County. (7) All authorized veterinarians/clinics shall have County rabies/license tags available Palm Beach County Ordinances 59 for purchase by dog or cat owners or their agents who present evidence to the veterinarian that the dog or cat has been vaccinated against rabies pursuant to section 4-10, Rabies vaccinations. For a one-year vaccination, the effective date of the license tag shall be the date on which the dog or cat was last vaccinated against rabies. For a three-year vaccination, the effective date will be one (1) and two (2) years following the date of vaccination. In no case shall the rabies/license tag be effective for more than one (1) year. (b) Reserved. (c) All authorized veterinarians/clinics and authorized representatives shall remit payment for rabies/license tags sold according to procedures established by the Division. All authorized veterinarians/clinics and representatives are encouraged to issue one (1) business check monthly for rabies/license tags sold. Failure to follow the procedures established by the Division will result in the requirement that a business check from the authorized entity be issued to the Division on a monthly basis. A monthly rabies/license tag report form for purposes of tabulating tags sold and amount owed shall be supplied by the Division. (d) Schedule of fees and payments. The Board is hereby authorized to establish by resolution: (1) A schedule of fees for all license tags. (2) A schedule of payments or handling fees to authorized veterinarians/clinics and representatives who participate in the sale of dog and cat license tags. (e) General license tag requirements for dogs and cats. (1) The address of the owner shall be presumed to be the abode of the dog or cat. All changes of address must be reported to the Division within thirty (30) calendar days following such change. (2) Any changes of ownership of any dog or cat, be it by sale, transfer or otherwise, shall be reported in writing to the Division by the new owner within thirty (30) calendar days after ownership changes. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-16. Animal bites and quarantining; rabies control. (a) A rabies control program, including the investigation of all reported animal bites, may be carried out through a mutual agreement with the Florida Health Department using the requirements of Florida Department of Health Rules and Regulation, Chapter 64 D-3, Florida Administrative Code, and this chapter as a basis for enforcement and program implementation. (b) Any dog or cat without a current rabies vaccination that has bitten, is believed to have bitten or has otherwise exposed a person to rabies or is suspected of having rabies shall be quarantined for rabies observation. The owner of such dog or cat shall relinquish control of the dog or cat for the purpose of quarantine. The dog or cat shall be quarantined at the owner's expense for a period of ten (10) days from the date of the bite at the Division or at an approved holding facility of a local veterinarian. It shall be unlawful for any person to fail to surrender any such dog or cat for rabies quarantine. Additionally, it shall be unlawful for any person to fail to inform the Division of any such dog or cats whereabouts if the owner has relinquished possession of said dog or cat or caused said dog or cat to be taken from the owner's premises. (c) Any dog or cat with a current rabies vaccination that has bitten, is believed to have bitten or has otherwise exposed a person to rabies may be quarantined at home. The Division and/or the County Florida Health Department shall have the authority to grant or deny permission for home quarantine privilege. If at any time during the quarantine period the Division determines that the owner of the dog or cat is not able to sufficiently confine the dog or cat, the owner shall relinquish control of the dog or cat to the Division. The dog or cat will be confined in the custody of the Division or at an approved holding facility of a local veterinarian for the remainder of the quarantine period at the owner's expense. (d) Any animal other than a dog or cat which has bitten, is believed to have bitten or has otherwise exposed a person to rabies or is suspected of rabies shall be relinquished into the custody of the Division by the owner pending a determination of final disposition by the Florida Health Department. (e) If it is determined that a dog has bitten a person, the Division shall have the authority to require the owner to visibly display a sign(s) at the owner's expense on the property at all entry points warning that there is a "bad" dog on the premises. The owner shall comply with the sign requirement within forty-eight (48) hours of notification by the Division. (f) It shall be unlawful for any person to feed or fail to take appropriate precautions to prevent unintentional feeding of any raccoon. (g) The following fees shall be imposed, in Palm Beach County Ordinances 60 amounts set forth by resolution of the Board, for carrying out the rabies control program: (1) Animal bite coordinator fee. Owners whose animals have been reported to have bitten any person, shall be charged a fee when the animal bite coordinator is able to obtain all necessary information by telephone, correspondence or records at the Division, to determine the vaccination status and quarantine requirements for the animal. Such fee shall not be assessed in those instances where the owner and the victim are the same, or within the immediate family or living in the same household and the animal has a current rabies vaccination. (2) Field officer fee. Owners whose animals have been reported to have bitten any person, shall be charged a fee when the animal bite coordinator is not able to obtain all necessary information pursuant to section 4-16(h)(1) herein and an animal control officer is dispatched to secure or obtain the required bite information. (3) Transportation fee. Owners whose animals have been reported to have bitten any person and who are required to have such animal quarantined at an approved quarantine facility, shall be charged a transportation fee when the owner has failed to transport said animal to a quarantine facility within twenty-four (24) hours after notification, requiring transportation by the Division. (4) Quarantine release fee. At the end of each quarantine period for rabies observation, owners whose animals have been reported to have bitten any person are required to call the Division to verify that said animal is alive and healthy to assure that it is free of rabies infection. A quarantine release fee shall be charged when the owner fails to call or the Division is unsuccessful at reaching the owner by phone within forty-eight (48) hours following the expiration of the quarantine period, requiring an animal control officer to observe the animal. (5) Quarantine at the Division fee. Owners whose animals are quarantined at the Division for a rabies quarantine shall be charged a quarantine fee, which shall be paid by the owner at the beginning for the quarantine period. The owner shall be responsible to pay for any medical care provided during the quarantine period at the conclusion of the quarantine period. (h) Except as provided in subsection (g)(5), an invoice reflecting fees imposed pursuant to this section shall be sent to the owner of the animal. Payment shall be made by the owner within thirty (30) days of receipt of said invoice. Failure to pay within such time shall constitute a violation of this chapter, punishable as provided in section 4-30, Violations, civil infractions, civil penalties. (i) An invoice reflecting fees imposed pursuant to this section shall be sent to the owner of the animal. Payment shall be made by the owner within thirty (30) days of receipt of said invoice. Failure to pay within such time shall constitute a violation of this chapter, punishable as provided in section 4-30, Violations, civil infractions, civil penalties. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-18. Guard dogs. (a) Guard dog permit. (1) Any person seeking to operate a guard dog service or who owns a dog that such person is seeking to use for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment in Palm Beach County shall obtain a guard dog permit. (2) A guard dog permit is valid for a period of twelve (12) months from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (3) A guard dog permit is not transferable, assignable, or refundable. (4) The guard dog permit fee shall be established by the Board by resolution. (b) Obtaining a guard dog permit. (1) A person seeking a guard dog permit shall apply to the Division on a form approved by the Division. (2) The permit application shall include but is not limited to the following information: a. The name, address and telephone number of the applicant and a description of the location(s) at which guard dogs will be maintained; b. A statement as to whether the applicant or any officer or employee of the guard dog service has ever been convicted of an offense involving cruelty to animals or has had a final judgment entered against that person under Florida Statutes § 828.073 or any other statute prohibiting animal neglect or mistreatment; c. The breed, sex, age, color(s), guard dog license tag number, and electronic animal identification device (EAID) number of each dog that will be used as a guard dog; d. If applicable, a complete list containing Palm Beach County Ordinances 61 the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (identified by license tag number), if different than the customer's address; e. The name, address and telephone number of the applicant's veterinarian(s); f. The name, address and telephone number(s) of the person(s) responsible for training and/or providing food, water, exercise and care to each guard dog; and g. If applicable, proof of business tax receipt from the Palm Beach County Tax Collector. (3) The permit applicant shall complete an application, supply all information requested by the Division, and pay the applicable permit fee established by the Board by resolution. No application shall be deemed complete and reviewable until the permit fee is paid. (4) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. (c) Permit denial, revocation, and suspension. (1) By notice of adverse action, the Division may deny, revoke or suspend any permit if it is determined by the Division that: a. There has been a material misstatement or misrepresentation in the permit application or in any information or documents required to be maintained or provided to the Division; b. The applicant/permit holder has been cited for at least two (2) violations of this chapter within a one-year period, each resulting in the imposition of a fine; c. The applicant/permit holder has failed to pay a fine or to request a hearing in County Court to answer the charges of a citation within thirty (30) days of issuance of the citation; d. The applicant/permit holder, his/her employee, or an officer of the guard dog service has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him/her pursuant to Florida Statutes § 828.073; or e. An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death. (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review and inspection, the permit fee shall be refunded as provided by the Board by resolution. (d) Appeal process. (1) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal the adverse action to a Special Master by filing a written notice of appeal and appeal bond with the Division within ten (10) days of issuance of the notice of adverse action. The Board of County Commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the Division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the County. (2) The appeal will be heard by a Special Master within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the Division, the Special Master, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) Unless otherwise provided herein, the hearing before the Special Master shall be governed as provided in section 4-30, Animal care and control Special Master hearing. (4) The denial, revocation or suspension of the permit shall be upheld or reversed by the Special Master. (e) Requirements following notice of adverse action and/or appeal process. (1) If the notice of denial, revocation or suspension of a guard dog permit is not appealed within ten (10) days after the notice of adverse action is issued, the applicant or permit holder shall immediately cease and desist operation of a guard dog service or use of a guard dog for the purpose of defending, patrolling or protecting property or life at any nonresidential establishment in Palm Beach County. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. (3) Each reapplication for a permit shall be accompanied by a fee to be established by the Board by resolution. (4) Any person with a guilty adjudication of animal cruelty within the past five (5) years may not hold a permit to operate a guard dog service in the County. Palm Beach County Ordinances 62 (f) Registration of guard dogs. (1) Guard dog services and guard dog owners shall annually register each guard dog owned or used in Palm Beach County with the Division. The registration shall include the following for each dog: a. Name, address and telephone number of the owner and/or manager; b. The breed, sex, weight, age and color(s) of the guard dog; c. A color photograph of the guard dog; d. Other distinguishing physical features of the guard dog; e. Certification of rabies vaccination; f. The guard dog license tag number; g. The guard dog's electronic animal identification device number (EAID); h. Proof of ownership (i.e., bill of sale, receipt or notarized affidavit) including the name and address of the person from whom the dog was obtained; i. A notarized affidavit signed by the previous owner acknowledging that the dog will be used as a guard dog. This requirement may be waived if the dog has been previously registered to the guard dog owner for more than one (1) year in the County. j. A current certification from a veterinarian who is licensed in Florida stating that the guard dog has been examined and is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division and shall provide it to the examining veterinarian for completion. (2) At least every six (6) months, each guard dog shall be examined by a veterinarian who is licensed in Florida to determine whether the dog is healthy and physically fit to perform service as a guard dog. The owner shall obtain the certification form from the Division, shall provide it to the examining veterinarian for completion, and, upon completion, shall provide it to the Division. (3) Newly acquired dogs shall be immediately vaccinated against rabies, tagged and registered with the Division as a guard dog before being used as a guard dog. (4) The fee to register a guard dog with the Division shall be established by the Board by resolution. (5) A guard dog license tag shall be an annual requirement. The guard dog license tag is available only through the Division. The fee for a guard dog license tag shall be established by the Board by resolution. The guard dog tag shall be worn at all times or shall be fastened to each guard dog's enclosure when the guard dog is inside it. (6) No dog shall be used as a guard dog unless and until the dog has been registered with the Division. (7) No dog shall be registered or used as a guard dog if a veterinarian deems that the dog is physically unfit to perform service as a guard dog. (8) No dog shall be used as a guard dog while it is pregnant or lactating. (9) If any dog is used as a guard dog prior to being registered, a double registration fee shall be imposed to register the guard dog. (10) Each guard dog must be implanted with an EAID used and approved by the Division. (11) Maintenance of guard dog registration system; transfer, death, disappearance, and rabies inoculation as affecting registration system. The Division shall maintain a guard dog registration system which shall contain all data required by the Division. Immediately upon transfer of ownership, death or disappearance of a guard dog, the guard dog service or guard dog owner shall notify the Division. Upon receipt of the information, the appropriate entry shall be made in the guard dog registration system. If the dog has disappeared, an entry should be made to reflect the location of such disappearance. (g) Inspection/records. (1) It shall be a condition of the issuance of any guard dog permit and guard dog registration that officers of the Division shall at any reasonable time, unannounced, have the right to enter the premises and inspect: a. All dogs and all premises where such dogs are trained, in use, or kept. b. All records for each guard dog including but not limited to vaccination, veterinary, and medical treatment records. c. All records concerning the training, sale, or use of a guard dog. (2) Refusal to allow inspection of a guard dog, premises, or records shall be a violation of this chapter. (3) Guard dog services shall require any customer that procures the use of a guard dog to sign an agreement authorizing officers of the Division to perform unannounced inspections of any guard dog and premises where the guard dog is being used as a guard dog. Palm Beach County Ordinances 63 (4) Guard dog services shall maintain records identifying the name, address, and telephone number of each customer procuring the use of a guard dog and the physical location of each guard dog (with registration number), if different than the customer's address. (5) On a bi-weekly basis, guard dog services shall provide the Division with complete records identifying the name, address, and telephone number of every customer procuring the use of a guard dog and the physical location of every guard dog (with license tag number). (6) Guard dog services and guard dog owners shall immediately notify the Division in writing when a guard dog is temporarily or permanently removed from service due to sickness, injury, a medical condition, or death. (7) Guard dog services and guard dog owners shall maintain records of the acquisition, transfer of ownership, death, or disappearance of a guard dog. (8) The records required to be maintained herein shall be maintained for a period of at least two (2) years from the date of creation and shall be provided to the Division upon request unless otherwise provided herein. (h) Transportation of guard dog. (1) Every vehicle transporting a guard dog must be clearly marked, showing that it is transporting a guard dog. A compartment separate from the driver is required and shall be arranged to ensure maximum ventilation for the dog. (2) No guard dog shall be transported in the trunk of a car. No guard dog shall be transported in the open bed of a truck unless the guard dog is inside a sturdy well ventilated crate that is large enough for the dog to comfortably stand up and lie down and is securely fastened within the bed of the truck to prevent movement of the crate. (3) No guard dog shall be transported in violation of section 4-24(h), Animal care; manner of keeping. (i) General requirements for guard dogs. (1) Guard dog enclosures shall be a minimum of one hundred (100) square feet if one (1) dog is present and one hundred fifty (150) square feet if two (2) dogs are present. No more than two (2) dogs shall be maintained in an enclosure. (2) Only compatible dogs may be kept in the same enclosure. (3) Unaltered dogs of the opposite sex shall not be maintained in the same enclosure unless the guard dog service or guard dog owner has an appropriate breeding permit issued by the Division. (4) The guard dog enclosure shall be made of chain link or similar material with a solid roof over the entire enclosure. The enclosure shall contain a shelter inside the enclosure large enough to allow all dogs present to comfortably stand up, turn around and lie down in the shelter simultaneously. The shelter within the enclosure shall provide protection from the direct rays of the sun and direct effect of the wind and rain, a wind and rain break and ventilation. The shelter shall be raised off the ground at least six (6) inches, have a solid roof, have flooring made of a nonporous easily cleanable surface, have at least three (3) covered sides and an opening large enough for each guard dog to access the shelter, have adequate ventilation with windows or openings to allow air to circulate, and have fans or an air conditioning unit as required by this chapter. Enclosures or shelters that are covered on all sides in a manner that prevents ventilation are prohibited. (5) The shelter shall have clean, dry bedding or a reasonably soft comfortable surface for each dog to lie down on to prevent a dog from getting calluses or pressure sores. (6) When the outdoor temperature rises above eighty-five (85) degrees Fahrenheit guard dogs must be provided air conditioning or, at minimum, one (1) twenty-inch electric fan directed into enclosure and one (1) twenty-inch electric fan directed into the shelter. When the temperatures fall below forty (40) degrees Fahrenheit, guard dogs must be moved indoors or provided adequate heating in their enclosure and shelter to maintain temperatures above forty (40) degrees Fahrenheit. (7) Guard dog enclosures and the area immediately surrounding the enclosures shall be cleaned at least once a day to remove any excrement and to sanitize all surfaces coming into contact with a guard dog. All excrement and waste shall be removed from the property. (8) Guard dogs shall have access to clean fresh water at all times. Each guard dog enclosure shall be checked three (3) times a day to ensure that clean fresh water is available. (9) Each guard dog shall be examined daily Palm Beach County Ordinances 64 for signs of illness or injury. Any guard dog that is sick, injured, lame, or diseased shall be immediately examined by a licensed veterinarian and removed from use as a guard dog until deemed healthy by the veterinarian. If, during an inspection, the Division determines that a guard dog on commercial premises is sick, injured, lame, or diseased, the dog shall be immediately impounded by the Division and may be redeemed in accordance with section 4-12, Redemption and adoption, unless a petition is filed under Florida Statutes § 828.073. (10) Guard dogs maintained in an enclosure shall have at least one-half (½) hour of exercise within each twelve (12) hours of confinement. Guard dog services and guard dog owners shall maintain a daily record identifying each guard dog by license tag number and providing the date, time, location, and name of the person who exercised the guard dog. (11) Guard dogs must be given a humane existence, and shall at all times be maintained in accordance with section 4-24, Animal care; manner of keeping, unless otherwise specified in this section. (12) Any person who uses the service of a guard dog shall be responsible to assure that the guard dog is provided a humane existence in accordance with section 4-24, Animal care; manner of keeping, unless otherwise specified in this section, and shall immediately contact the Division to report any guard dog that is sick, diseased, lame or injured. (13) Any guard dog on commercial premises that is not registered as a guard dog shall be impounded by the Division and may be redeemed in accordance with section 4-12, Redemption and adoption. (14) Each person or business that rents or uses a guard dog to patrol the premises after that business's operating hours shall provide adequate fencing or some other confining structure to keep the guard dog within the premises. (15) Each person or business that rents or uses a guard dog on commercial premises shall at each entry point and at fifty-foot intervals along the property's fence perimeter, post a readily visible sign including the words "Guard Dog." (16) Entry points of commercial premises that use a guard dog shall have a sign posted with the telephone number of the guard dog's trainer, handler and/or owner in case of an emergency. (17) Each person or business that rents or uses a guard dog on commercial premises shall at each entry point and on the guard dog enclosure post a readily visible sign that notifies members of the public to report guard dog complaints to the Division. Such signs will be available through the Division for a fee set by the Board by resolution. (18) No dog that has been classified as "aggressive" or "dangerous" by the Division shall be used as a guard dog. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-19. Evictions, incarcerations, community service adjudications, and other involuntary occurrences; effect on animals. In cases of evictions, incarcerations, hospitalizations, death, adjudications of hardship or the like from the Florida Department of Children and Families or other such community service agencies, and/or other involuntary occurrences whereby the owner of an animal is unavailable or unable to care for an animal and such animal is impounded by the Division, the Division shall have the authority to place the animal for adoption transfer the animal to a humane society or private animal nonprofit organization or dispose of such animal in a humane manner, when the following conditions are met: (1) Prior to the Division's taking any action as described herein, written notice of the Division's intent will be provided to the owner of the animal by hand delivery or by mail at the address on file with the Division or at the last known address. (2) The owner of the animal shall have five (5) business days from the date of the Division's notice to make proper arrangements for the care of the animal, be it by personal claim or otherwise. If the owner does not make such arrangements for the care of the animal within the aforementioned time period, the animal shall become the property of the County. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-20. Disposal of bodies of dead animals. (a) Any owner of any animal, upon the death of such animal, shall immediately dispose of the carcass by burning, burying at least two (2) feet below the surface of the ground or other authorized method of disposal; however, nothing in this section shall prohibit Palm Beach County Ordinances 65 the disposal of such animal carcass to companies licensed to do business in this County. (b) It is unlawful to dispose of the carcass of any animal by dumping such carcass on any public or private property. (c) Any owner of any animal shall be responsible for the costs of disposing of the animal in instances where the Division disposes of the animal due to any emergency or the owner's failure to act. The costs of disposal shall be established by the Board by resolution. (Ord. No. 98-22, § 20, 6-16-98) Sec. 4-21. Livestock. (a) Livestock fences. Every owner of livestock shall erect and/or maintain a fence to contain and confine all livestock kept or maintained on his/her premises. Such fence shall be sufficiently strong and substantial so as to prevent egress of livestock. Failure to so erect and/or maintain the fence in reasonably good condition shall be deemed a violation of this chapter. The owner of livestock shall, within twenty-four (24) hours of initial warning from the Division, repair or erect a fence and/or make arrangements for the placement of livestock so as to have the livestock confined. If the fence is not repaired or erected, or arrangements have not been made for the placement of livestock within the twenty-four-hour period, the owner may receive a civil citation. (b) Livestock at large. Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon any street, roadway, right-of-way, other public area or the private property of another without consent shall be deemed to be in violation of this chapter. (c) Livestock impounded at the Division shall be held for redemption by the owner for three (3) business days. Livestock not claimed within three (3) business days (that the Division is open for public access) by the owner shall become the property of the County and may be placed for adoption, transferred to a humane society or private animal nonprofit organization, placed in foster care or disposed of in a humane manner. (d) Equine infectious anemia/Coggins. (1) All horses moving within the County must have a report of a negative Coggins (EIA) test conducted within the previous twelve (12) months. A foal under six (6) months of age, is exempted from test requirements when accompanied by its dam which has a report of a negative Coggins test conducted within the past twelve (12) months. (2) All horses other than those sold for slaughter, must have a report of a negative Coggins test conducted within the previous twelve (12) months for change of ownership. The negative Coggins test report must be provided to the new owner or custodian at the time of change of location or ownership. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-22. Number of animals; acreage restrictions/excess animal habitats. (a) The chart set forth below prescribes the maximum number of dogs and/or cats, other than community cats, per specified acreage restrictions: # of Dogs < 1.5 Acres, 1.5 - 2.5, 2.5+ and/or Cats 1-10 Allowed Allowed Allowed 11-20 Prohibited Allowed Allowed 21-30 Prohibited Prohibited Allowed Acreage determination excludes easements for roads or other areas that must allow public egress and ingress. All property must be contiguous. (b) References to dogs and cats only refer to dogs and cats older than four (4) months. There are no restrictions on the number of dogs and cats younger than four (4) months old that can be on the premises. (c) If it is determined that a person is in violation of this section, such person shall be allowed thirty (30) days from the notice of violation to cure same. (d) Any person who wishes to exceed the maximum number of thirty (30) dogs and/or cats on two and one-half (2.5) acres or more must apply to the Division for a special "excess animal habitat" permit. The owner must comply with all animal care standards as required in section 4-23 of this chapter. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-23. - Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits. This section is extremely long and unlikely to be enforced by typical patrol LEOs. To keep the size of the LEO handbook manageable, this section is omitted but it is available online. (Ord. No. 2016-045, § 1, 9-27-16) Sec. 4-24. Animal care; manner of keeping. (a) It shall be unlawful for any person keeping an animal to fail to provide for that animal: (1) Clean, sanitary, safe and humane Palm Beach County Ordinances 66 conditions; (2) Sufficient quantities of appropriate food daily; (3) Proper air ventilation and circulation; (4) Adequate quantities of visibly clean and fresh water available at all times; and (5) Medical attention and/or necessary veterinary care when an animal is sick, diseased or injured. Upon request by the Division, written proof of veterinary care must be provided. (b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal. (1) Shelter for dogs, cats and small domestic animals must: a. Provide adequate protection from the cold and heat. When the outdoor temperature falls below forty (40) degrees Fahrenheit, all cats, small domestic animals and those dogs that cannot tolerate such temperatures without stress or discomfort (i.e., short-haired breeds, sick, aged, young or infirm), must be moved indoors or provided adequate heating to maintain temperature above forty (40) degrees Fahrenheit range. When the outdoor temperature rises above eighty-five (85) degrees Fahrenheit all dogs, cats, and small domestic animals must be provided air conditioning, a fan, or another cooling source to maintain the temperature in the shelter at or below eight-five (85) degrees Fahrenheit; b. Provide protection from the direct rays of the sun and the direct effect of wind and rain; c. Provide a wind break and rain break; d. Contain clean, dry, bedding material; e. Provide protection from the elements at all times; f. Provide sufficient space for each animal to comfortably stand up, sit down, lie down, and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously; and g. Provide a solid roof. (2) Shelter for equine, bovine, ovine and porcine normally maintained in outdoor areas must: a. Provide protection from the direct rays of the sun and the direct effect of wind and rain; b. Provide a wind break and rain break; c. Provide a solid roof; d. Provide protection from the elements at all times; and e. Provide space for each animal to comfortably stand up, sit down, lie down and turn around in the shelter. If the shelter is used for more than one (1) animal at the same time, it must provide enough space for each animal to comfortably stand up, sit down, lie down and turn around simultaneously. (c) It shall be unlawful for any person maintaining equine or ovine to fail to keep hooves trimmed so as to prevent lameness and extreme overgrowth causing deformities. (d) No person shall tether an animal to a stationary or inanimate object as a means of confinement or restraint unless such person is with the animal and the animal is at all times visible to such person. Choke or prong type collars shall not be used on an animal while such animal is tethered. As used in this chapter, tether means to restrain an animal by tying the animal to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash or lead to walk an animal. Notwithstanding the foregoing, an animal may be tethered while actively participating in or attending an organized show, field trial, agility event, herding contest or other similar exposition or event, of a limited duration, that involves the judging or evaluation of animals. (e) Any dog maintained outdoors for all or part of the day in a fenced yard or other type of enclosure shall be provided a minimum of eighty (80) square feet of open space. An additional forty (40) square feet shall be required for each additional dog kept in the same enclosed area. Each dog shall be provided sufficient shelter within the enclosed area. Any enclosed area where a dog is confined shall be kept free of objects that may injure the dog and shall be cleaned regularly to remove feces. Dogs shall not be maintained outdoors during periods of extreme weather including but not limited to hurricanes, tropical storms, and tornados. (f) Animals must be given appropriate daily exercise. (g) No humane slaughter of animals as defined in Florida Statutes, §§ 828.22 and/or 828.23 shall be done within earshot or view of the public. (h) It shall be unlawful for any person to tease or molest any animal. (i) It shall be unlawful for any person to: Palm Beach County Ordinances 67 (1) Leave an animal in any unattended motor vehicle; (2) Transport an animal in any motor vehicle without adequate ventilation or in unsanitary conditions; or (3) Subject or cause an animal to be subjected to extreme temperatures that adversely affect the animal's health or safety. (j) It shall be unlawful to transport any animal on a public road in any vehicle unless the animal is safely and humanely restrained (at a minimum by a harness with double tethering for dogs) so that the animal is unable to jump or fall out of the vehicle. When animals are transported in a pickup truck with a metal bed, the animals shall be provided protection from the metal bed. (k) Animals shall not be allowed on any median or in any roadway, highway or street intersection for any purpose other than crossing same. (l) Commercial trappers are prohibited from trapping domestic animals except for the purpose of TNVR. Any person trapping a domestic animal shall adhere to the following requirements: (1) Use a humane trap; (2) Provide protection from the direct rays of the sun and direct effect of wind, rain and irrigation/sprinkler system; (3) Provide fresh water in the trap; (4) All trapped dogs and cats, other than community cats addressed in subsection (5) below, shall be immediately returned to their rightful owner or to a governmentally operated animal shelter or humane society in the County. Notwithstanding the foregoing, lactating/nursing cats for which no owner can be located shall be immediately released at the location where the cat was trapped. For any dog or cat brought to an animal shelter or humane society, the person who trapped the dog or cat shall provide the address or exact location where the dog or cat was trapped; and (5) All community cats that are trapped shall be immediately released at the location where the cat was trapped unless trapped for the purpose of revaccination, medical care or to address a public health or safety concern as determined by the Division; (6) No trapped animal shall be killed in any manner other than a method approved in the American Veterinary Medical Association Guidelines on Euthanasia, as may be amended from time to time; (7) Trapping shall occur no earlier than two (2) hours before sunset and no later than two (2) hours after sunrise, and trapped animals shall be removed from any trap within that period; (8) Each trap shall include the name, address and telephone number of the person setting the trap on the trap in letters of no less than one-quarter (¼) inch in height; and (9) Any animal trapped shall be handled and transported in a humane manner. (m)To the extent not inconsistent with this chapter the following portions of the Florida Statutes, in their current form and as subsequently amended, are hereby adopted and incorporated by reference except as to penalty, shall be part of this section as if they were set out in full and shall be punishable as civil infractions: (1) Section 828.058, Florida Statutes; (2) Section 828.065, Florida Statutes; (3) Section 828.08, Florida Statutes; (4) Section 828.12, Florida Statutes; (5) Section 828.121, Florida Statutes; (6) Section 828.122, Florida Statutes; (7) Section 828.123, Florida Statutes; (8) Section 828.1231, Florida Statutes; (9) Section 828.125, Florida Statutes; (10) Section 828.13, Florida Statutes; (11) Section 828.14, Florida Statutes; (12) Section 828.16, Florida Statutes; (13) Section 828.161, Florida Statutes; (14) Section 828.22, Florida Statutes; (15) Section 828.23, Florida Statutes; (16) Section 828.24, Florida Statutes; and (17) Section 828.252, Florida Statutes. (n) No person, for the purpose of that person's sexual gratification, may: (1) Engage in a sexual act with an animal; (2) Coerce any other person to engage in a sexual act with an animal; (3) Use any part of the person's body or an object to sexually stimulate an animal; (4) Videotape a person engaging in a sexual act with an animal; or (5) Kill or physically abuse an animal. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-25. Dogs and cats offered for sale; health requirements. (a) It shall be unlawful for any person to offer for sale or sell any dog, cat, puppy or kitten without first obtaining an official certificate of veterinary inspection pursuant to Florida Statutes, § 828.29. Dogs, cats, puppies or kittens offered for sale must be at least eight (8) weeks old, free of internal and external parasites, and have proper Palm Beach County Ordinances 68 inoculations as described below. (b) The official certificate of veterinary inspection shall document that the following inoculations, tests and treatments have been administered: (1) Dogs/puppies. a. Inoculated against: canine distemper, leptospirosis, parainfluenza, hepatitis, canine parvo virus, and bordatella. A rabies inoculation must be provided for any dog three (3) months of age or older. b. Diagnostic tests to detect the following internal parasites: hookworms, roundworms, whipworms, tapeworms, coccidia and giardia. Heartworm detection must occur for dogs six (6) months of age or older. Appropriate treatment for all positive findings must be documented. (2) Cats/kittens. a. Inoculated against: panleukopenia, feline viral rhino tracheitis, calici virus and rabies (provided the cat is over three (3) months of age). b. Diagnostic tests to detect the following internal parasites: hookworms, roundworms, tapeworms and coccidia. Appropriate treatment for all positive findings must be documented. (c) The veterinarian shall date the official certificate of veterinary inspection upon the actual examination and administration of the inoculations and/or treatments. The sale of all dogs and cats must take place no more than thirty (30) days after the official certificate of veterinary inspection has been issued. If a dog or cat is not sold within thirty (30) days of the issuance of the official certificate of veterinary inspection, then a new examination and inspection certificate must be obtained. (d) The Division, city-operated animal control agencies and registered nonprofit humane societies shall be exempt from the provisions of this section. (Ord. No. 98-22, § 25, 6-16-98) Sec. 4-27. Aggressive dogs, dangerous dogs and vicious dogs. (a) Classification of dogs as aggressive and dangerous. (1) The Division shall investigate reported incidents involving any dog that may be aggressive or dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, animal control officer, or enforcement officer desiring to have a dog classified as aggressive or dangerous. In the event that any animal control officer has sufficient cause to believe that a dog is aggressive or dangerous and that the owner is unable or unwilling to humanely, safely and securely confine the dog, the officer may impound the dog pending the investigation and any appeal if deemed necessary to protect the public. The owner shall be responsible for payment of all boarding costs and other fees required for the Division to care for the dog pending the outcome of the investigation and resolution of any appeal. An owner's refusal to surrender a dog for impoundment pending the investigation shall constitute a violation of this chapter. At the discretion of the Division, a dog that is the subject of a an aggressive or dangerous dog investigation may be confined at a licensed facility approved by the Division or at the residence of the owner if the Division is given adequate assurance by the owner that the dog can be humanely, safely, and securely confined without posing a danger to the public. If the dog remains with the owner pending the outcome of a dangerous dog investigation and resolution of any appeal, the dog shall be at all times maintained in a securely fenced or enclosed area to prevent the dog from escaping or coming into contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner. If the dog remains with the owner pending the outcome of an aggressive dog investigation and resolution of any appeal, the dog shall be at all times maintained in a securely fenced or enclosed area to prevent the dog from escaping or coming into contact with any domestic animal other than a domestic animal in the immediate household of the owner. No dog that is the subject of an aggressive or dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any appeal related to the determination of an aggressive or dangerous dog classification. The owner shall provide the Division with the address of where the dog will be maintained pending an investigation and any related hearings. (2) A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared aggressive or dangerous if the Palm Beach County Ordinances 69 dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (3) A dog that is moved into Palm Beach County and that has been involved in known previous animal-to-human bites or has been equivalently classified as dangerous in its past jurisdiction(s), shall be subject to investigation and classification by the Division. All information, past history and reports from other agencies, organizations or persons may be used to determine the appropriate classification. (4) After its investigation, the Division shall make an initial determination as to whether there is sufficient cause to classify the dog as aggressive or dangerous. The Division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The owner shall be afforded an opportunity for a hearing before a Special Master prior to a final determination of the classification. If the owner decides to appeal the initial determination, the owner shall file a written request with the Division for a hearing before the Special Master within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and if requested, the hearing shall be held as soon as possible, no sooner than five (5) calendar days and not more than twenty-one (21) calendar days after receipt of the request from the owner. Said written request must be accompanied by an appeal bond and any applicable fees for the care and boarding of said dog (due through the fifth day following the date of the request for hearing). The appeal bond and any other applicable fees shall be established by the Board by resolution. The appeal bond shall be remitted to the Division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the County. The Division shall provide notice of the hearing to the owner by U.S. mail, electronic mail, facsimile, certified mail or certified hand delivery. If the owner after seven (7) calendar days from the delivery of the "notice of intent to classify/sufficient cause notice," has not filed a written request for a hearing, the determination of the Division shall become final. (5) Once a hearing date is set, failure to appear before the Special Master may, at the Special Master's discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as aggressive or dangerous. (6) Upon an aggressive or dangerous dog classification becoming final after a hearing or by operation of law pursuant to subsection 4-27(a), the Division shall provide written notification to the owner by registered mail, certified hand delivery (signed receipt) or service of process. The owner may appeal the classification to the Circuit Court of the Fifteenth Judicial Circuit Court in and for Palm Beach County, Florida within thirty (30) days after receipt of written notification that the dog has been classified as aggressive or dangerous in accordance with the Florida Rules of Appellate Procedure. If the Division allows the owner to maintain possession of the dog during a dangerous dog appeal, the owner must confine the dog in a securely fenced or enclosed area to prevent the dog from escaping or coming in contact with any person or domestic animal other than a person or domestic animal in the immediate household of the owner, pending a resolution of the appeal. If the Division allows the owner to maintain possession of the dog during an aggressive dog appeal, the owner must confine the dog in a securely fenced or enclosed area to prevent the dog from escaping or coming in contact with any domestic animal other than a domestic animal in the immediate household of the owner, pending a resolution of the appeal. Pending resolution of an aggressive or dangerous dog appeal, the dog shall at all times wear a muzzle when it is off the owner's property and must be restrained by a substantial leash not exceeding six (6) feet in length and under the control of a competent person. (b) Aggressive dog mandates and responsibilities. Within fourteen (14) days after a dog has been classified as aggressive or an aggressive dog classification is upheld on appeal, the aggressive dog shall be implanted with an approved electronic animal identification device (EAID) at the owner's sole expense and the aggressive dog shall be spayed/neutered unless a licensed veterinarian has examined the dog and certified in writing, that at such time spaying/neutering the classified dog will Palm Beach County Ordinances 70 endanger its health because of infirmity, disability, illness or other medical consideration. However, the dog will be spayed/neutered as soon as its health permits. If there is a disagreement concerning the health status for sterilizing an aggressive dog, the Division may have the animal care and control staff/contract veterinarian examine the dog to determine its eligibility for sterilization. If the disagreement cannot be resolved, the Division and the owner shall agree on a third veterinarian to examine the animal for sterilization eligibility. The cost of the third veterinarian shall be split evenly between the Division and the owner. The opinion of the third veterinarian shall govern. (1) Responsibilities for owner. An aggressive dog shall at all times wear a muzzle when it is off the owner's property and must be restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or domestic animal. Dogs that have been classified as aggressive shall not be brought to a dog park, public park or public beach that allows dogs. (c) Dangerous dog mandates and responsibilities. (1) Mandates for owner. Within fourteen (14) days after a dog has been classified as dangerous or a dangerous dog classification is upheld on appeal, [a]n owner of a dangerous dog shall comply with all of the following: a. Provide the Division with a certificate of rabies vaccination. b. A special dangerous dog tag supplied by the Division shall be purchased annually and affixed to the dog's collar to be worn at all times. The fee shall be established by the Board by resolution. c. The dog shall be implanted with an approved electronic animal identification device (EAID) at the owner's sole expense. d. The owner of a dangerous dog shall provide the Division with two (2) color photographs of the dog, (front view and side view) that clearly identifies the classified dog. Each photograph shall be at least three (3) inches by three (3) inches. e. A dangerous dog must be spayed/neutered unless a licensed veterinarian has examined the dog and certified in writing, that at such time spaying/neutering the classified dog would endanger its health because of infirmity, disability, illness or other medical consideration. However, the dog will be spayed/neutered as soon as its health permits. If there is a disagreement concerning the health status for sterilizing a dangerous dog, the Division may have the animal care and control staff/contract veterinarian examine the dog to determine its eligibility for sterilization. If the disagreement cannot be resolved, the Division and the owner shall agree on a third veterinarian to examine the animal for sterilization eligibility. The cost of the third veterinarian shall be split evenly between the Division and the owner. The opinion of the third veterinarian shall govern. (2) Responsibilities for owner. a. The owner shall immediately notify the Division when a dangerous dog: 1. Is loose, unconfined or lost/stolen; 2. Has bitten a human being or attacked another domestic animal; 3. Is sold, given away, or dies; or 4. Is moved to another address. b. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address and phone number of the new owner to the Division. The new owner shall execute a document to be supplied by the Division, acknowledging that the owner is aware of the dangerous dog classification, and that the owner shall comply with the requirements of this section. The new owner must comply with all of the requirements of this chapter. If the animal is moved out of the County to another jurisdiction within the State, the owner is required to abide by Florida Statutes Ch. 767. The animal control authority at the new location must be notified by the owner of a dog classified as dangerous, that the dog is in its jurisdiction. c. While on the owner's property, a dangerous dog must be securely confined indoors or securely confined outdoors in an enclosed and locked structure, suitable to prevent the entry of any person other than adult members of the immediate household and constructed to prevent the dog from escaping. The structure must be a minimum of eighty (80) square feet. Such structure shall have secure sides and a secure top and bottom to prevent the dog from escaping over, under or through the structure. The enclosure shall provide a humane existence for the dog and Palm Beach County Ordinances 71 protection from the elements. d. When being transported, a dangerous dog must wear a muzzle and be safely and securely restrained within a vehicle. e. The owner shall prominently display a sign to be provided by the Division at the owner's expense, on his/her premises at all entry points warning children and adults that there is a dangerous dog on the property. The fee for this sign shall be established by the Board by resolution. f. A dangerous dog shall at all times wear a muzzle when it is not securely confined indoors or securely confined outdoors in an enclosed and locked structure on the owner's property. A dangerous dog may be off the owner's premises or out of its enclosure if it is muzzled and restrained by a substantial chain or leash not exceeding six (6) feet in length and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or domestic animal. Notwithstanding the foregoing, the owner may exercise the dog in a securely fenced or enclosed area that does not have a top, with a muzzle but without a leash, if the dog remains within his or her sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the fenced yard or enclosure while the dog is present. g. A dangerous dog shall not be used as a guard dog as defined in this chapter. h. Dogs that have been classified as dangerous shall not be used for hunting purposes. i. Dogs that have been classified as dangerous shall not be brought to a dog park or public park or public beach that allows dogs. j. When any person or domestic animal other than the owner or a person or domestic animal in the immediate household of the owner visits the premises where the dangerous dog is maintained, the owner shall secure the dangerous dog in an enclosed and locked structure to prevent such person or domestic animal from coming into contact with the dangerous dog. k. Dogs that have been classified as dangerous shall not be brought to any nonresidential establishment other than a veterinary office or other facility where the dangerous dog is being treated, trained or boarded. l. Notwithstanding the foregoing, a dangerous dog may be cared for at a boarding facility or by a pet sitter if the boarding facility or pet sitter acknowledges in writing that the dog is a dangerous dog and agrees to comply with this chapter. The Division shall have the authority to make inspections to ensure that the provisions cited herein are complied with. An owner of a dangerous dog shall have the option to have said dog humanely euthanized at his/her sole expense by the Division or licensed veterinarian if the owner is unable to comply with the requirements cited herein. (3) Violations. a. The Division is responsible for investigating alleged violations of this section after a dog is classified as aggressive or dangerous. A citation may be issued to the owner of any aggressive or dangerous dog alleged to be in violation of this section. The investigating officer may issue such citation upon the receipt of one (1) sworn affidavit of complaint. This affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner, if known, and a description of the dog. In the event that a third or subsequent citation is issued to the owner for violation of this section, the owner shall be required to appear in court. b. An animal care and control officer may impound a dangerous dog if the owner fails to comply with the dangerous dog mandates and responsibilities cited herein. A dangerous dog impounded under this section may be redeemed by the owner upon the owner's compliance with the dangerous dog mandates and responsibilities and payment of any boarding fees, impound fees, or other applicable fees established by the Board by resolution. If the owner does not comply with the dangerous dog mandates and responsibilities and redeem the dangerous dog within fourteen (14) days of the date the dog was impounded, the dog shall become the property of the County. (d) Vicious dog. (1) Upgrading dangerous dog to vicious dog. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal, without provocation, the dangerous dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time or impounded and held ten (10) business days after the owner is given written notification by certified mail, Palm Beach County Ordinances 72 certified hand delivery (signed receipt) or service of process. The Division shall make an initial determination as to whether there is sufficient cause to upgrade the dangerous classification to vicious. (2) Attack by unclassified dog that causes death of a human. If a dog that has not been declared dangerous attacks and causes the death of any human, the dog may be destroyed in an expeditious and humane manner. The dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The Division shall make an initial determination as to whether there is sufficient cause to classify the dog as vicious. (3) Attack by unclassified dog that causes severe injury to a human. If a dog that has not been declared dangerous attacks and causes severe injury to a human, based upon the nature and circumstances of the injury and the likelihood of a future threat to the public safety, health and welfare, the dog may be destroyed in an expeditious and humane manner. The dog shall be immediately confiscated by the Division, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification by certified mail, certified hand delivery (signed receipt) or service of process. The Division shall make an initial determination as to whether there is sufficient cause to classify the dog as vicious. (4) A dog shall not be declared vicious if the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (5) Vicious dog classification process. a. The Division shall investigate any incident involving any dog that may be vicious and shall, if possible, interview the owner and require a sworn affidavit from any person, animal control officer, or enforcement officer desiring to have a dog classified as vicious. The dog shall be impounded and held by the Division pending the outcome of the investigation and any appeal. The owner shall be responsible for payment of all boarding costs and other fees required for the Division to care for the dog pending the outcome of the investigation and resolution of any appeal. An owner's refusal to surrender a dog for impoundment pending the investigation shall constitute a violation of this chapter. No dog that is the subject of a vicious dog investigation may be relocated or ownership transferred. b. After its investigation, the Division shall make an initial determination as to whether there is sufficient cause to classify the dog as vicious. The Division shall provide written notification of sufficient cause finding, to the owner, by registered mail, certified hand delivery (signed receipt) or service of process. The ten (10) business day time period from date of notification, shall allow the owner to file a written request for a hearing before a Special Master prior to a final determination of the vicious classification. The hearing shall be held no sooner than five (5) calendar days and not more than twenty-one (21) calendar days after receipt of the request from the owner. The appeal bond, any applicable fees for the care and boarding of said dog (due through the fifth day following the date of the request for hearing) must accompany the owner's written request. The appeal bond and fees shall be established by the Board by resolution. The appeal bond shall be remitted to the Division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the County. The Division shall provide notice of the hearing to the owner by U.S. mail, electronic mail, facsimile, certified mail or certified hand delivery. If the owner fails to appeal within the ten (10) business day period, the dog shall be humanely destroyed. c. Once a hearing date is set, failure to appear before the Special Master may, at the Special Master's discretion, result in the dismissal of the hearing with prejudice. In such instances, the process will proceed and the dog shall be classified as vicious. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. (6) Notice of appeal. The owner may appeal the classification to the Circuit Court of the Fifteenth Judicial Circuit Court in and for Palm Beach County Ordinances 73 Palm Beach County, Florida within thirty (30) days after receipt of written notification that the dog has been classified as vicious in accordance with the Florida Rules of Appellate Procedure. (Ord. No. 2016-045 § 9-27-16) Sec. 4-29. Hobby breeder permits. (a) Hobby breeder permits. (1) No person shall breed a dog or cat or offer a dog or cat for breeding or stud purposes without first obtaining an appropriate breeding permit issued by the Division. No person shall maintain unsterilized dogs over six (6) months of age or unsterilized cats over four (4) months of age together without first obtaining an appropriate breeding permit from the Division. No cat shall be bred unless it is a pedigreed cat registered as such with the Cat Fancier Association or the International Cat Association. No hobby breeder permit shall be issued unless the cats to be bred are pedigreed cats registered as such with the Cat Fancier Association or the International Cat Association. The cost of the permit and other related fees shall be established by the Board by resolution. (2) Hobby breeders shall: a. Not breed more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year period; b. Not offer for sale, sell, trade, receive any compensation for or give away more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year period; c. Keep records for the duration of the hobby breeder permit and all permit renewals as to the birth of each litter of puppies or kittens and shall make such records available for review by the Division upon request; d. Keep records including but not limited to records concerning rabies vaccinations, all other inoculations and any medical condition(s) of each dog, cat, puppy or kitten intended to be sold, given away, or otherwise conveyed; e. On a quarterly basis, the name, address, and telephone number of the new owner of any dog, cat, puppy or kitten placed or a notice that no animal was sold during the quarter shall be provided to the Division; f. Furnish to each new owner of a dog, cat, puppy or kitten the hobby breeder permit number so the new owner has proof and assurance that the animal was legally bred; g. Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation or free giveaway, with the exception of animals taken to an animal shelter; h. Recommend to each new owner that any animal sold, transferred or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of State requirements for rabies vaccinations; i. List the person's hobby breeder permit number on all advertisements and literature concerning the sale or free giveaway of any dog, cat, puppy or kitten of the hobby breeder; j. Adhere to minimum standards regarding the care and manner of keeping of animals as provided in section 4-24, animal care; manner of keeping; and k. Allow the Division to inspect the premises wherein an animal that is the subject of a hobby breeder permit is maintained and to view any animal that is the subject of the permit, if the Division has probable cause to believe that a violation of section 4-24, animal care; manner of keeping, exists. Such inspection will be limited to that necessary to ascertain compliance with section 4-24, animal care; manner of keeping. If a hobby breeder refuses to allow the Division to perform an inspection as provided herein, the Division may apply for a warrant pursuant to Florida Statutes Ch. 933. All reports of such inspections shall be in writing and maintained by the Division. (3) A hobby breeder permit is valid for a period of one (1) year from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration. (4) A hobby breeder permit is not transferable, assignable, or refundable. (5) Each person owning an animal intended to be used for breeding or studding shall obtain a hobby breeder permit prior to using any dog or cat for breeding or stud purposes. A hobby breeder must obtain an unaltered license tag for each unaltered dog or cat covered under the hobby breeder permit. (b) Obtaining a hobby breeder permit. (1) A person seeking a hobby breeder permit shall apply to the Division on a form approved by the Division. (2) The permit application shall include but is not limited to the following information: Palm Beach County Ordinances 74 a. The name, address and telephone number of the applicant; b. A statement as to whether the applicant has ever been convicted of the offense of cruelty to animals or had a final judgment entered against the applicant under F.S. § 828.073, or any other statute prohibiting animal neglect or mistreatment; c. A description (species, breed, sex, age, coloration) of each animal under the permit; and d. A description of the activity for which the permit is requested. (3) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued based on false or withheld information shall be revoked. (4) No person previously convicted of cruelty to animals or who has had a final judgment entered against him/her pursuant to F.S. § 828.073, shall be issued a hobby breeder permit. (c) Permit procedures. (1) The permit applicant shall complete an application, supply all information requested by the Division, and pay the applicable permit fee established by the Board by resolution. (2) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications. (d) Violations. (1) Failure to apply for a permit prior to operating as a hobby breeder shall constitute a violation. (2) Failure to reapply for a permit at least thirty (30) days before expiration of the existing permit shall constitute a violation. (3) Refusal to allow an animal control officer to inspect an animal or the premises as provided in section 4-29(a)(2)k. shall constitute a violation. (4) It shall be a violation of this chapter to counterfeit a hobby breeder permit or official certificate of veterinary inspection or to maliciously destroy a hobby breeder permit. (5) It shall be a violation of this section to advertise, display, attempt to sell or sell any dog or cat on any roadside or public right-of-way. (e) Permit denial, revocation, and suspension. (1) By notice of adverse action, the Division may deny, revoke or suspend any permit if it is determined that: a. There has been a material misstatement or misrepresentation in the permit application; b. The applicant/permit holder has been cited for at least three (3) violations of this chapter within a two-year period, each resulting in the imposition of a fine; c. The permit holder/applicant has outstanding and unsatisfied civil penalties imposed due to a violation of this chapter; d. The applicant/permit holder, his/her agent or a member of the household has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him/her pursuant to Florida Statutes § 828.073; or e. An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death. (2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review, the permit fee shall be refunded as provided by the Board by resolution. (f) Appeal process. (1) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal this action to a Special Master within the ten-day period after the Division originates the adverse action. A written notice of appeal and appeal bond must be filed with the Division within ten (10) days of the notice of adverse action. The Board of County Commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the Division in the form of a money order, a certified check, a cashier's check, or a bank check payable to the County. (2) The appeal will be heard by a Special Master within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the Division, the Special Master, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown. (3) Unless otherwise provided herein, the hearing before the Special Master shall be governed as provided in section 4-30, Animal care and control Special Master hearing. (4) The denial, revocation or suspension of the permit shall be upheld or reversed by the Special Master. Palm Beach County Ordinances 75 (5) All decisions by the Special Master shall be final and reviewable by writ of certiorari to the County Circuit Court. (6) The Special Master shall provide the applicant or permit holder with written notice of his/her decision. (g) Owner requirements following notice of adverse action and/or appeal process. (1) If the notice of adverse action of denial, revocation or suspension of a hobby breeder permit is not appealed, the applicant or permit holder shall come into compliance with this chapter within ten (10) days after the notice of adverse action. (2) Any person whose permit has been revoked may not reapply for a period of one (1) year. Each reapplication for a permit shall be accompanied by a fee to be established by the Board by resolution. (h) Fee waiver. The Division shall waive the annual hobby breeder permit fee for any person/applicant who applies for a hobby breeder permit on or before August 1, 2008. For persons/applicants who apply for a hobby breeder permit during this period, the Division shall also annually waive the fee for two (2) unaltered dog or cat license tags. The fee waiver shall remain in effect for a hobby breeder so long as the hobby breeder remains in compliance with this chapter and F.S. ch. 828. (Ord. No. 2016-045 § 9-27-16) Sec. 4-31. Interference with enforcement. (a) It shall be unlawful for any person to knowingly hinder, resist or oppose any officer or employee of the Division in the performance of his/her duties. (b) It shall be unlawful for any person to knowingly interfere with or damage any humane animal trap owned by the Division or to molest or release any animal caught therein. (c) No animal that is the subject of a manner of keeping, animal cruelty, dangerous/vicious dog or animal bite investigation may be relocated or ownership transferred pending the outcome of the investigation. (Ord. No. 08-004, pt. 7, 2-5-08) Sec. 4-32. Violations, civil infractions, civil penalties. (a) Any violation of this chapter is a civil infraction. (b) Any person who has committed an act in violation of this chapter shall receive a citation from the Division by an animal control officer or law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this chapter. (c) The County Court shall have jurisdiction over all violations of this chapter. (d) The County Clerk shall accept designated fines and issue receipts therefor. (e) Violation of any provision of this chapter shall be punishable by a fine not to exceed five hundred dollars ($500.00). Any person who has violated any provision of this chapter shall be fined an amount as established by the Board of County Commissioners by resolution. (f) Any person issued an animal care and control citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation. (g) Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction. (h) Pursuant to Florida Statutes, §§ 938.01 and 938.19, mandatory costs shall be assessed against every person convicted of a violation of this chapter. Pursuant to Florida Statute § 828.27, a five dollar ($5.00) surcharge shall be assessed against every person convicted of a violation of this chapter. (i) Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation. (j) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. (k) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty. (l) Any person cited for an infraction under this chapter shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the Palm Beach County Ordinances 76 second degree, punishable as provided by Florida Statutes, §§ 775.082 or 775.083. (m)The Division may require mandatory court appearances for certain aggravated violations of this chapter resulting in the unprovoked biting, attacking or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; or violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The Division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (n) Permission is hereby granted to employees working for county municipal governments to enforce this chapter through the issuance of citations when those employees have been certified as animal control officers pursuant to Florida Statutes, § 828.27(4)(a)1. Enforcement must be in cooperation with and receive the approval of the Division. (o) Failure to comply with any provision of this chapter shall constitute a separate and distinct violation. (p) Each day a violation of any provision of this chapter exists shall constitute a separate and distinct violation. (Ord. No. 2015-027, § 1, 6-23-15) Sec. 4-34. Dogs on the beach prohibited. (a) Intent and purpose. It is the intent and purpose of this section to protect and promote the health, safety, and welfare of the public at large, including residents and visitors to the County by providing reasonable regulations of the public's use and conduct on the beach. It is further intended that this section shall be liberally construed to effect such intent and purpose. (b) Applicability. This section shall apply to all beaches in the unincorporated areas of the County, except those that are located within County parks where dogs are prohibited from beaches pursuant to park rules and regulations, Ordinance No. 96-44, as may be amended from time to time. This section shall not apply to beaches which do not have unrestricted public access from a public roadway. (c) Definitions. (1) Beach shall mean all sandy beach areas adjacent to the Atlantic Ocean inland of the low water mark within the confines of the County outside the limits of any municipality and outside any County park. (2) Dog shall mean the domestic dog, Canis familiaris. (3) Person shall mean natural persons, including firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. (d) Dogs on the beach. It shall be unlawful for any person who owns, or has under his control, any dog, to permit such dog, by intent or neglect, to go upon the beach. This section shall not apply to: (1) Any dog, as defined under the American Disabilities Act, Rules and Regulations Regarding Service Animals, 28 Code of Federal Regulations (CFR), Part 36, Subpart A-General 36.104, trained to aid individuals with a disability, including but not limited to sight impaired persons or hearing impaired persons. Such dog must actually be used to assist such persons upon the beach. (2) Police dogs owned by any State, County or municipal police department or any State or Federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes upon the beach. (e) Enforcement. (1) The provisions of this section shall be enforceable by law enforcement officers within their jurisdiction. (2) This section is enforceable by all means provided by law. Additionally, the County may choose to enforce this section by seeking injunctive relief in the Circuit Court of the County. In addition to the enforcement procedures provided herein, this section may be enforced by any other means provided by law, by actions at law and in equity, and if the County prevails in such action, the County shall be entitled to its costs and reasonable attorney's fees incurred in such action. (f) Interference with enforcement. (1) It shall be a violation of this section for any person to knowingly hinder, resist or oppose any law enforcement officer in the performance of his/her duties. (2) It shall be a violation of this section for any person to knowingly provide any law enforcement officer with false information. (g) Penalty. Failure to comply with the provisions set forth in this section shall constitute a violation of a County ordinance and shall be punished upon conviction, Palm Beach County Ordinances 77 pursuant to F.S. § 125.69(1), by a fine not to exceed five hundred dollars ($500.00) per violation per day for as long as the violation continues or imprisonment not exceeding sixty (60) days, or both fine and imprisonment. (Ord. No. 08-004, pt. 7, 2-5-08) Chapter 6 BOAT, DOCK & WATER WAY Sec. 6-1. Operation of vessels near fishing piers. (a) As used in this section: (1) Hours of operation means those hours during the course of the normal working day during which a fishing pier is open and available for its normal operating purpose. (2) Ocean pier means any privately or publicly owned, operated, maintained or controlled structure built out into the water and made available for use by the public either gratuitously or for a fee for fishing. (3) Person means any individual, partnership, firm, corporation or association, but does not include an individual on board a public vessel. (4) Public vessel means a vessel owned or bareboat chartered and operated by the United States, by state or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce. (5) Vessel means every description of watercraft or other artificial contrivance (not including surfboards) used or capable of being used as a means of transportation, mode of habitation, or place of business or professional or social association on the waters of the county, including, but not limited to: a. Foreign and domestic watercraft engaged in commerce; b. Passenger or other cargo carrying watercraft; c. Privately owned recreational watercraft; d. Airboats or seaplanes; e. Houseboats or floating homes. The county may promulgate rules and regulations regarding the use of vessels and surfboards as defined herein for its parks. (b) In order to conserve the natural resources, prevent the creation of nuisances, protect the public health, safety and welfare and provide a coordinated recreational program for the county, it is necessary to control the areas surrounding fishing piers within the county. (c) It shall be unlawful for any person to operate or permit to be operated a vessel within a distance of five hundred (500) feet from any fishing pier. This prohibition shall apply whether the operation is for any recreational and/or commercial purposes. This prohibition shall be in effect only during the hours of operation of the fishing pier nearest which the vessel is operating and shall not be effective during emergency situations. (Ord. No. 00-040) Sec. 6-2. Anchoring or mooring of floating structures. (a) Title. This section shall be titled the Cindy DeFilippo Floating Structure Ordinance. (b) Applicability. This section shall be applicable within the unincorporated areas of the County and on all property owned by the County, including all submerged lands. (c) Definitions. Anchor means the act of temporarily securing a floating structure in the water by means of an anchor or other device and associated tackle that is carried on the floating structure and cast or dropped overboard. Floating structure means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" as defined in F.S. § 327.02. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. Registration of the entity as a vessel in accordance with F.S. ch. 327 shall not preclude an entity from classification as a floating structure. Moor means the act of securing a floating structure in the water by means of a permanent or semi-permanent mooring system affixed to the bottom of the water body. (d) Prohibition of floating structures. No floating structure shall be anchored or moored in the waters lying within the jurisdiction of the County or on any property owned by the County, including any submerged lands. Notwithstanding the foregoing, nothing in this section shall Palm Beach County Ordinances 78 prohibit a floating structure from anchoring or mooring at a public or private marina within a berth or slip, a public or private dock with permission from the property owner or on privately owned property, including submerged lands. (e) Enforcement; penalties. (1) Any law enforcement officer acting within his/her jurisdiction or Palm Beach County Code Enforcement Officer is authorized to enforce this section. (2) The violation of any provision of this section may be enforced pursuant to F.S. § 125.69 and shall be punishable by a fine not to exceed five hundred dollars ($500.00), by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. (3) The violation of any provision of this section may be enforced pursuant to the procedures and penalties of F.S. § 162.01 et seq. and Article 10 of the Palm Beach County Unified Land Development Code. (4) The provisions of this section may be enforced pursuant to Chapter 8.5, Article II, of the Palm Beach County Code (the "Code Enforcement Citation Ordinance of Palm Beach County, Florida") and shall be punishable by a fine not to exceed five hundred dollars ($500.00). (5) In addition to the sanctions contained herein, the County shall be authorized to take any other appropriate legal action, including, but not limited to, seeking cease and desist orders, instituting other administrative actions, and requesting temporary and permanent injunctions to enforce the provisions of this section. It is the purpose of this section to provide additional and cumulative remedies. (6) Each day a violation of this section occurs shall constitute a separate offense and be punishable as such. (Ord. No. 2015-030) Sec. 6-22. Definitions. As used in this article, unless some other meaning is plainly intended: Little Lake Worth means the area shown on attached Exhibit A*, including all navigable sections of Little Lake Worth. Live-aboard vessel shall be defined as provided in F.S. § 327.02, as amended from time to time. Loxahatchee River means the area shown on attached Exhibit B*, including all navigable sections of the Loxahatchee River, but excluding the areas of the Loxahatchee River located within the boundaries of a municipality. Moor means to secure or attach a vessel to a fixed location by way of lines, cables or anchors, or by way of beaching or grounding. Person means any individual, partnership, firm, corporation, association, or other entity. Vessel is synonymous with boat, and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (Ord. No. 09-014) Sec. 6-23. Prohibitions. No person shall moor or anchor a live-aboard vessel in or upon the Loxahatchee River or Little Lake Worth. However, it shall not be a violation of this article to moor or anchor a live-aboard vessel in or upon the Loxahatchee River or Little Lake Worth: (1) When the activities of the vessel's owner, operator, and any occupant are solely recreational and not commercial or retail; or (2) If it is necessary to moor or anchor the vessel for the sole purpose of performing bona-fide emergency repairs to the vessel, and the owner, operator, or occupant of the vessel uses due diligence to ensure that the bona-fide emergency repairs are completed within a reasonable time; or (3) If it is necessary to moor or anchor a tow vessel in connection with performing bona-fide emergency repairs upon a vessel, or during preparations to tow a vessel, that is incapable of moving under its own power; or (4) If it is necessary to moor or anchor the vessel for the sole purpose of performing dredging, or construction or repair work upon, or in connection with, adjacent upland uses, when such dredging, construction or repair work is pursuant to valid applicable permits. (5) If the vessel is used for navigation and not solely as a residence. Notwithstanding any other provision of this section, no person shall occupy any vessel for which a declaration of domicile has been filed pursuant to F.S. § 222.17, in or upon the Loxahatchee River or Little Lake Worth, and no person shall conduct any retail or other commercial activity from a vessel or represent any vessel as a place of business or a professional or commercial enterprise in the Loxahatchee River or Little Lake Worth. (Ord. No. 09-014) Sec. 6-24. Violations; enforcement; penalties. A violation of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) per offense, per day, or by imprisonment in the county jail not to exceed sixty (60) days, or Palm Beach County Ordinances 79 both fine and imprisonment, pursuant to F.S. § 125.69. (Ord. No. 95-51) Chapter 9 CONSUMER AFFAIRS - Article II - Emergency Management Sec. 9-34. Definitions. Average Retail Price: The term "average retail price" shall mean the average price at which similar merchandise, services, rentals or lodging were being sold or rented during the thirty (30) days immediately preceding the declaration of a local emergency. Commission: The term "commission" shall mean the Board of County Commissioners of Palm Beach County. Consumer Good: The term "consumer good" shall mean any service, article, product, merchandise, or commodity of any kind or class, which is customarily produced or distributed for sale or rental at retail or provided for consumption by or the use or benefit of individuals, including but not limited to foods; water; ice; clothing; lumber, hardware, chainsaws, generators, and home improvement materials; fuel products; and repairs, services, rentals or lodging. Emergency: The term "emergency" shall mean any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. Enforcement Official: The term "enforcement official" shall mean any police or law enforcement officer, any code compliance official, the personnel of the department of public safety, division of emergency management and the division of consumer affairs, and any other appropriate municipal or county official. Fuel Product: The term "fuel product" shall mean home-heating oil, kerosene, propane, natural gas, diesel fuel, methanol, and gasoline. (Ord. No. 2005-043) Sec. 9-35. Declaration of emergency. (a) When an emergency has placed the citizens of the county in danger of loss of life or property and a regular or special meeting of the board of county commissioners cannot practically be convened, a state of emergency shall be declared, pursuant to County Resolution Number R-89-384, by the chairman of the board of county commissioners, or the vice-chair, in the chairman's absence, or by the county administrator, in the absence of the chairman and vice-chair. A state of emergency so declared shall continue for seven (7) days, unless extended as necessary, in seventy-two-hour increments, or for the period of time that a state of emergency, as declared by the governor, remains in effect, whichever is longer. (b) A declaration of emergency shall activate the applicable county emergency plans and shall constitute authority for the following in lieu of the procedures and formalities otherwise required of the county by law pertaining to: (1) Performance of public work, and any other prudent action necessary to ensure the health, safety, and welfare of the citizens of the county. (2) Entering into contracts. (3) Incurring obligations. (4) Employment of permanent and temporary workers. (5) Utilization of volunteer workers. (6) Rental of equipment. (7) Acquisition and distribution, with or without compensation, of supplies, materials and facilities. (8) Appropriation and expenditure of public funds. (c) The county administrator or his designee shall implement the provisions of this article in accordance with the instructions furnished by the board of county commissioners; the county administrator; and the director, department of public safety. (d) In order to insure the public safety during a state of emergency declared pursuant to this article, the county administrator, in collaboration with municipalities located within the county, may establish a countywide curfew or a specific area curfew, to restrict travel and movement within the county. Other restrictions including, but not limited to, the sale, purchase, or possession of alcoholic beverages or flammable substances, may be instituted by the county administrator or his designee. The duration and application of such emergency restrictions shall be tailored to meet the specific crisis and may be modified from time to time. If a curfew is enacted, the county administrator may exempt, from all or any part of such restrictions, those persons as may be deemed essential to the preservation of public order and immediately necessary to protect the public health, safety, and welfare. The county administrator may also identify in the curfew order other exempt classes of persons as deemed necessary. If a curfew is enacted, the curfew order shall be filed in the office of the clerk of the circuit Palm Beach County Ordinances 80 court and delivered to appropriate news media for publication and radio and television broadcast. (e) Nothing in this article shall be construed to limit the authority of the commission to declare, limit, or terminate a state of emergency, and take any action authorized by law, when convened in a regular or special meeting. (Ord. No. 2011-020) Note: Curfew Order violations should be charged pursuant to Ord. No. 2005-043. In addition, it must be clear on the rough arrest that the charge is for a violation of a Curfew Order. Other emergency restrictions, (I.e. relating to alcohol, firearms, flammable substances, etc.), should also be charged as a violation of Ord. No. 2005-043, with a description of the specific violation. Sec. 9-36. Prohibition on price gouging. (a) Upon declaration of an emergency pursuant to section 9-35, and during the duration of such emergency, it shall be prima facie evidence that an unlawful method of competition and an unfair and deceptive trade act or practice has occurred if any individual or business entity doing business in the county charges more than the average retail price for any consumer good and such price exceeds the average price at which the same or similar consumer good was readily obtainable in the county during the thirty days immediately prior to a declaration of a state of emergency; or the charges represent a gross disparity between the price of the consumer good or dwelling unit or self-storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self-storage facility was rented, leased, sold or offered for rent or sale in the usual course of business during the thirty (30) days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self-storage facility, or national or international market trends; or for a person or his agent or business entity or its employee to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any consumer good including, but not limited to, supplies, services, provisions or equipment that is necessary for consumption or use as a direct result of the emergency. (b) This section does not prevent the seller of consumer goods from charging an amount in excess of the average retail price, if such higher price is the direct result of, and limited to, any increased cost due to the transportation of the consumer good during the state of emergency or any increased cost for the consumer good from the manufacturer, distributor, or wholesaler to the seller. In such instances, only the actual cost increase per item from the manufacturer, distributor, or wholesaler can be added to the average retail price. (c) A price increase approved by an appropriate government agency shall not be in violation of this section. (d) This section shall not apply to sales by growers, producers or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency. (Ord. No. 98-23) Sec. 9-37. Enforcement. (a) The county court shall have jurisdiction over all civil citations issued for violations of this article. (b) This section shall also be enforced by personnel of the department of public safety, the emergency management division, consumer affairs division, county and municipal code enforcement officials, the police agencies of the various municipalities in the county and by the county sheriff's office. When specifically authorized by the director, department of public safety, this section may be enforced by other county personnel. (c) The consumer affairs division shall maintain a system by which violators are given written notice of all violations. The county clerk shall accept designated fines and issue receipts therefor. (d) The personnel authorized to enforce the provisions of this section shall issue civil citations for fines not to exceed two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for each additional violation. Each incident of a continuing violation shall be deemed a separate additional violation. (e) Payment shall be made, either by mail or in person, to the violations bureau within the time specified upon the citation. If such person follows this procedure, he shall be deemed to have admitted to the infraction and to have waived his right to a hearing on the issue of the commission of the infraction. (f) All fines collected as a result of said citations shall be paid into the county treasury and deposited in the fine and forfeiture fund. (g) Any person who fails to make payment Palm Beach County Ordinances 81 within the time period specified on the citation shall be deemed to have waived his right to pay the civil penalty as set forth in the citation and shall appear before the county court. (h) Any person who elects to appear before the court to contest the citation shall be deemed to waive his right to pay the civil penalty. The court, after a hearing, shall make a finding as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. (i) If a person fails to pay the civil penalty or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and, in such case, a default judgment shall be entered and the judge shall impose a fine at that time. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty of five hundred dollars ($500.00) plus court costs. (j) Any person who refuses to sign and accept a citation issued pursuant to this section shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes, §§ 775.082, 775.083, and 775.084. (k) Failure to comply with the requirements of sections 9-35(d) and 9-36 shall also constitute a violation of county ordinance, including the consumer affairs ordinance of the county (Ord. No. 77-10, as amended), and upon conviction, shall be deemed a misdemeanor of the second degree and shall be punishable by a fine not to exceed five hundred dollars ($500.00) per violation, or imprisonment not exceeding sixty (60) days, or both such fine and imprisonment, pursuant to section 125.69(1), Florida Statutes. Each incident of continuing violation and each day of noncompliance shall be considered a separate offense. In addition to the sanctions contained herein, the county may bring an action in the circuit court to enforce this article. The court in such an action shall have right to grant such relief as the court finds necessary to redress injury to persons resulting from a violation of this article and the county shall take any other appropriate legal action, including but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this section to provide additional cumulative remedies. (Ord. No. 2005-043) Chapter 11 ENVIRONMENTAL REGULATION and CONTROL Sec. 11-58. Definitions. Words not defined in this section shall be given their common and ordinary meanings. (a) Agricultural Waste: Wastes resulting from the rearing and / or slaughtering of animals and the processing of animal products, and/or orchard and field crops which are stored, transported or disposed of as unwanted waste material. (b) Approved County Facility: A resource recovery or solid waste management facility or site which is owned or permitted by, or is exempt from the permit requirements of the county solid waste authority, or which is otherwise permitted in accordance with federal, state and local law. (c) Clean Fill: Uncontaminated material containing rock, soil, concrete, or material designated and approved by the public health unit. (d) Clean Fill Activities: Activities related to the adding of clean fill to property, which may include placing, storing, transporting, raking, segregating, grading, or packing. (e) Garbage: All kitchen and table food waste, animal or vegetative waste that is used in conjunction with or results from the storage, preparation, cooking or handling of food materials. (f) Garden Trash: Waste consisting of accumulation of leaves, grass, shrubbery, vines and trees, or parts thereof. (g) Industrial Waste: Waste generated from commercial and industrial operations, other than agricultural, including but not limited to the processing, manufacturing, packaging, repair, maintenance or production of marketable goods. Construction and demolition debris shall be considered industrial waste. (h) Litter: Any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, or government operations. (I) Noncombustible Refuse: Wastes that are unburnable at ordinary incinerator temperature (800 degrees to 1800 degrees F) such as metals, mineral matter, appliances, metal furniture, auto bodies or parts, and other similar material or refuse not usual to house keeping or to operation of stores or Palm Beach County Ordinances 82 offices. (j) Person: An individual, firm, partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require. (k) Public health unit: The HRS / Palm Beach County Public Health Unit. (l) Rubbish: Waste consisting of any accumulation of paper, excelsior, rags, wooden or paper boxes or containers, sweepings, and all other accumulations of a nature other than garbage, which are usual to house keeping and to the operation of stores, offices and other business places, and also any bottles, cans, container, or any other products that due to their ability to retain water may serve as breeding places for mosquitoes or other water breeding insects; rubbish shall not include noncombustible refuse, as defined in this section. (m) Sanitary Nuisance: Shall mean the commission of any act, by an individual, municipality, organization or corporation, or the keeping, maintaining, propagation, existence or permission of anything, by an individual, municipality, organization or corporation, by which the health or life of an individual or the health or life of individuals may be threatened or impaired or by which or through which, directly or indirectly, disease may be caused. (n) Waste: Shall mean discarded material, including but not limited to garbage, rubbish, yard trash, litter, noncombustible refuse and industrial wastes as defined in this section. (Ord. No. 91-46) Sec. 11-59. Prohibitions for dumping and placing waste. It is unlawful and shall constitute willful causing of pollution for any person to dump, or cause or allow to be dumped; or place, or cause to allow to be placed; or bury, or cause or allow to be buried any waste upon any land, or any water located in the county. (Ord. No. 91-46) Sec. 11-60. Exceptions. (a) All waste management activities which are approved by department of environmental regulation, solid waste authority, or the public health unit are exempt from regulation under this article. (b) Agricultural waste disposal shall be exempt from regulation under this article, provided the agricultural wastes are generated and disposed of on-site and the property is agriculturally zoned. (c) Soil and mulch brought on to a property and used for the purpose of improving soil / plant relations through improving retention of nutrients and water for plants in ground or above ground on that site shall be exempt from regulation under this article. (d) A person may dispose of clean fill on land located in the county if the person obtains the property owner's consent and the property owner has provided the public health unit with required notification as set forth herein. (Ord. No. 91-46) Sec. 11-62. Prohibitions of clean fill activities. (a) It is unlawful and shall constitute a violation of this article for any person to: (1) Create or maintain a sanitary nuisance due to clean fill activities; or (2) Adversely affect drainage resulting from clean fill activities; or (3) Store waste which results from clean fill activities for more than seven (7) days. (Ord. No. 91-46) Sec. 11-85. Tampering with reefs; injuring reef, etc. It shall be unlawful for any person to possess, tamper, injure, molest, deface, destroy, remove or in any way disturb any material used in the construction of any artificial reef under the county's artificial reef program. (Ord. No. 85-29) Sec. 11-221. Definitions. Department means the department of environmental regulation. Waste tire means a whole tire that is no longer suitable for its originally intended purpose because of wear, damage or defect. Waste tire collector means a person who removes and/or transports more than twentyfive (25) waste tires or processed tires from one place to another over public highways. Waste tire generator means a person not defined as a collector who generates waste tires in the ordinary course of business. (Ord. No. 91-44) Sec. 11-222. License required. Every waste tire collector operating in the county shall register with the state department of environmental regulation and obtain a permit therefrom pursuant to rule 17711.300(2) and (3), FAC., prior to removing and/or transporting waste tires. (Ord. No. 9144) Sec. 11-223. Waste tire generators. Every waste tire generator operating in the county shall deal with waste tire collectors who are Palm Beach County Ordinances 83 licensed as set forth in section 11-222. Failure to deal with a licensed waste tire collector shall be deemed a violation of this article. (Ord. No. 91-44) Sec. 11-224. Violations; penalty. (a) It shall be a violation of this article for any person to: (1) Remove and/or transport waste tires without having first obtained a license as required by this article and the State of Florida. (2) Give or display false identification or sign a false name when required to furnish identification. (3) Contract or arrange with another person to remove and/or transport waste tires for storage or disposal, who does not meet the requirements under section 11-222. (b) Any person violating or deemed in violation of any of the provisions of this article shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars ($500.00) and / or imprisonment in the county jail for not more than sixty (60) days. (Ord. No. 91-44) Sec. 11-251. Short title; applicability. (a) This article shall be known as the "Palm Beach County Natural Areas Ordinance." (b) The recitations set forth in the "WHEREAS" paragraphs included in Ordinance No. 94-13 are incorporated by reference herein as findings of fact upon which this article is based. (c) All provisions of this article shall be effective within the unincorporated and incorporated areas of the county and shall set restrictions, constraints, and requirements to protect and preserve county-managed natural areas. (d) This article shall be liberally construed to effect the purposes set forth herein. (Ord. No. 94-13) Sec. 11-253. Purpose. The purpose of this article is to preserve and protect in perpetuity county-managed natural areas by regulating public uses of these lands. (Ord. No. 94-13) Sec. 11-254. Definitions. The following terms when used in this article shall have the meanings ascribed to them in this section: Department means the department of environmental resources management. Natural area means all public lands containing high-quality native ecosystems that are under the control of or assigned to the department for management, maintenance, and operation. Natural areas property means all structures, facilities, plants, and animals contained within a natural area. Parking area means a specially designed and publicly designated area set aside for the standing or temporary stationing of vehicles. Permit means a document or certificate provided by the county administrator or his designee granting permission to conduct or take part in a specific activity at a specific location. Vehicle means any wheeled conveyance for transportation of persons or materials whether: (1) Powered or drawn by motor such as an automobile, truck, motorcycle, scooter, or minibike. (2) Animal-drawn such as a carriage, wagon, or cart. (3) Self-propelled such as a bicycle. Watercraft means any boat, kayak, canoe, raft, houseboat, barge, vessel, ship or any other floating device capable of transporting humans or objects over water. (Ord. No. 94-13) Sec. 11-255. Scope. This article applies only to county-owned or county-controlled natural areas and natural areas property that is assigned to the department of environmental resources management for management, maintenance and operation. Department staff and other authorized persons working under staff supervision shall be exempt from the provisions of this article when performing activities related to management plans. (Ord. No. 94-13) Sec. 11-256. Buildings and other property. (a) No person shall willfully mark, deface or damage in any way, or displace, remove or tamper with, any natural area building, fence, educational or informational structure, walkway, bridge, bench, railing, public utility, paving or paving material, or part or appurtenance thereof, natural area sign, notice or placard, monument, stake, post, or other boundary marker, or other structure or equipment, facility or natural area property or appurtenance that is located on a natural area. (b) No person shall dig, move, or remove from any natural area any sand, soil, rocks, stones, trees, shrubs, or plants, fallen timber, or other wood or materials, or make any Palm Beach County Ordinances 84 excavation by tool, equipment, blasting or other means. (Ord. No. 94-13) Sec. 11-257. Plant and wildlife protection and preservation. (a) Within any natural area, no person shall cut, carve, or damage the bark, or break off limbs or branches or mutilate in any way, or pick the flowers or seeds, of any tree or plant, or shrub, nor shall any person dig in or disturb grassy areas, or transplant or remove any tree or plant or part thereof, or in any other way damage or impair the natural beauty or usefulness of any natural area, nor shall any person deposit any debris or material on or about any tree or plant. (b) Within any natural area, no person shall molest, harm, frighten, kill, trap, hunt, chase, shoot, throw objects at, harass, feed, or otherwise inhibit the natural movements and habits of any invertebrate, mammal, amphibian, reptile, fish or bird. No person shall remove or have in his or her possession the young of any wild animal, or the eggs or nests of any amphibian, reptile, fish, bird or invertebrate. The provisions of this section applying to fishes are not applicable in designated fishing areas. (c) In order to prevent disruption of natural ecosystems and the spread of disease, no person shall introduce, plant, or release any plant or animal into any natural area. (Ord. No. 94-13) Sec. 11-259. Fires. No person shall build or attempt to build, light, or cause to be lighted any fire or fires within any natural area unless given permission under a written permit from the county administrator or his designee. No person shall drop, throw, or otherwise deposit lighted matches, burning cigarettes or cigars, tobacco paper, or other flammable materials within any natural area or on any county highway, road or street abutting or contiguous thereto. (Ord. No. 94-13) Sec. 11-260. Boating. (a) All provisions of chapter 327, Florida Statutes, shall apply to county-managed natural area waters. (b) No person shall launch or operate any watercraft upon any watercourse, lagoon, lake, canal, pond, marsh, wet prairie or slough within a natural area except at such places that are designated for such use by the board of county commissioners or the county administrator or his designee. (c) No person shall operate, moor, or anchor any watercraft within the waters of any natural area in a manner that results in damage or harm to the vegetation, wildlife or shoreline. (Ord. No. 94-13, § 10, 6-21-94) Sec. 11-261. Fishing. Except where specifically designated, fishing, or the buying or selling of fish caught in any natural area waters, is prohibited in all natural areas. (Ord. No. 94-13) Sec. 11-262. Prohibited activities. The following are prohibited in county-managed natural areas: (a) Hunting, trapping, or the possession of any kind of trapping device. Licensed hunters and trappers authorized by the county administrator or his designee to remove nuisance and exotic animals are exempt from this prohibition, as are licensed hunters authorized by the county administrator or his designee to reduce excessive populations of animals causing environmental damage in a natural area. (b) All activities that are potentially inimical to wildlife and dangerous to human safety by persons other than authorized law enforcement personnel and persons authorized to remove nuisance and exotic animals. (c) The sale, purchase, consumption, or possession of alcoholic beverages as defined in F.S. § 561.01(4). (d) Use, discharge or possession of fireworks, explosives, or substances that could be combined into an explosive mixture. (e) Domestic animals and pets. (f) Placement of beehives or other apicultural practices. (g) Cultivation of plants. (h) Vehicle repair. (i) Use of airboats. (j) Loud, unnecessary noise that disturbs wildlife and produces physical discomfort or annoyance to other people. (k) Possession and release of inflated balloons. (Ord. No. 2011-021) Sec. 11-263. Activities requiring a special permit. The following activities may be allowed only if a written permit is obtained from the county administrator or his authorized designee. Written terms and conditions shall accompany each permit, and a fee will be charged as set by resolution of the board of county commissioners. The decision on whether or not to issue a permit will be based on the potential for damage to the natural resources Palm Beach County Ordinances 85 of the site, the carrying capacity for that particular use, and any conflicts with a previously issued permit for the same use. The activities requiring a special permit are: (a) Camping. (b) Erection of temporary or permanent structures. (c) Horseback riding. (d) Public demonstrations and gatherings. (f) Collection of plant and animal specimens and use of watercraft in wetlands for scientific research. (g) After-hours and night-time use of natural areas. (Ord. No. 94-13) Sec. 11-264. Merchandising, advertising and signs. (a) No person shall expose or offer for sale, rent or trade any article or thing, or station or place any stand, cart, or vehicle for the transportation, sale or display of any article, merchandise, or other item within the limits of any natural area. (b) No person shall use the natural area roadways or paths, or enter any natural area, for the purpose of announcing, displaying, advertising or calling attention to any person, political party, religious institution, or meetings or assemblies thereof, or for the purpose of demonstrating, advertising or calling attention to any article or service for sale or for hire; nor shall any signs, slogans, loudspeakers or advertising display be used for such purposes unless a written permit allows such activity. (c) No person shall display, distribute, post, paste, glue, tack, or otherwise fix any handbill, pamphlet, circular, sign, placard or any other printed matter containing advertising within any natural area or upon any natural area tree, fence or other structure. (Ord. No. 94-13) Sec. 11-265. Pollution of waters. No person shall throw, discharge, or otherwise place or cause to be placed in the waters of any pond, lake, canal, slough, marsh, wet prairie, lagoon, or any other body of water or wetland in any natural area, any substance, matter, object or item which will or may result in pollution of those waters. (Ord. No. 94-13, § 15, 6-21-94) Sec. 11-266. Refuse and trash. No person shall take into, dump or deposit on land of, or leave in, any natural area or county road abutting such natural area, bottles, broken glass, ashes, paper, boxes, cans, dirt, construction or agricultural debris, rubbish, waste, garbage, refuse, or any other solid or liquid discard. Such discard shall be placed in the proper receptacles where provided on a natural area. Where receptacles are not provided, all such discard shall be carried away from the natural area and properly disposed of by the person responsible for its presence. (Ord. No. 94-13) Sec. 11-267. Public utilities. No entity shall be allowed to place any new public service utility into, upon, or across natural area lands except by prior written permit from the county administrator or his designee. (Ord. No. 94-13) Sec. 11-268. Closing of natural areas. (a) Each natural area managed by the county shall be open to the public at hours and days that are determined to be appropriate and adopted as part of the management plan for that natural area. These hours shall be posted at each natural area. (b) The county administrator or his designee may declare any section of a natural area closed to the public, either temporarily or at regularly stated intervals, in order to protect natural resource protection, public safety, health and/or welfare. (c) No person shall remain in any natural area during the hours that the natural area is closed, unless he or she has a permit. (Ord. No. 94-13) Sec. 11-269. Vehicles. (a) All state vehicle laws and county traffic regulations shall be applicable in all natural areas. Municipal traffic ordinances shall be applicable in those natural areas located within municipalities. (b) No person shall drive, operate, or propel any vehicle outside the boundaries of designated paved or improved natural area access roads or driveways unless specifically authorized by the county administrator or his designee. (c) No person shall park any vehicle on a natural area at any place other than a designated parking area without prior authorization from the county administrator or his designee. No person shall park any vehicle in a manner that blocks or impedes access to a parking area or access road. No vehicle shall be left in a parking area or access road. No vehicle shall be left in a parking area overnight without prior authorization by the county administrator or his designee. (Ord. No. 94-13) Sec. 11-270. Enforcement. (a) It shall be the duty and responsibility of Palm Beach County Ordinances 86 law enforcement officials to, within their jurisdiction, enforce all state laws, municipal ordinances, county ordinances, and county traffic regulations within and adjacent to the limits of all natural areas maintained and operated by the department. (b) It shall be unlawful for any person to do any act forbidden, or fail to perform any act required, by this article or for any person to fail to comply with any lawful and reasonable order given by law enforcement officers or authorized department officials. It shall be the duty and responsibility of law enforcement officers and authorized department officials to enforce all natural areas rules. (Ord. No. 94-13) Sec. 11-271. Penalties. (a) The violation of any provision of this article shall be enforced by the Groundwater Natural Resource Protection Board (GNRPB) pursuant to the procedures and penalties of F.S. Ch. 162, Local Government Code Enforcement Boards, and Article 10 of the County Unified Land Development Code, all as may be amended or recodified from time to time. (b) The violation of any provision of this article may also be enforced pursuant to the procedures and penalties of F.S. Ch. 162, Supplemental County or Municipal Code or Ordinance Enforcement Procedures, and shall be punishable by a fine not to exceed five hundred dollars ($500.00). (c) The violation of any provision of this article may also be enforced pursuant to F.S. § 125.69 and shall be punishable by a fine not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment, or by such other penalty as may hereafter be provided in F.S. § 125.69. (d) In addition to the sanctions contained herein, the county may take any other appropriate legal action to enforce the provisions of this Code, including, but not limited to, cease and desist orders, instituting civil action, and requesting temporary and permanent injunctions. (e) It is the purpose of this article to provide additional, cumulative remedies. (f) Each violation of this Code shall constitute a separate offense and be punishable as such. (g) The board of county commissioners by resolution may establish fines to be imposed for violation of this article. (h) All monies collected as a result of violations of this article shall be deposited in the county natural areas fund. (Ord. No. 2011-021) Sec. 11-272. Municipal ordinances and land development regulations. This article does not supersede any municipal ordinance or land development regulation. (Ord. No. 94-13) Chapter 12 FIRE PREVENTION AND PROTECTION Sec. 12-40. Prohibition against fireworks. Except as provided in F.S. Ch. 791, it shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, sell, use or explode any fireworks in the county. (Ord. No. 04-020) Sec. 12-41. Permits and regulations. (a) Permit. Any person, firm, partnership or corporation engaging in the sale, distributing or manufacturing of fireworks or sparklers must first apply for and secure a permit from the county fire marshal for each sales site. This permit is in addition to any other permits, registrations or licenses that may be required by any other applicable federal, state or local laws and regulations. Any sale of fireworks or sparklers without a valid permit as required hereunder shall be a violation of this code. A separate application for a permit must be filed for each site at which the applicant intends to sell fireworks or sparklers, and a separate fireworks or sparklers permit must be secured for each such site, as applicable. Each application for such permit shall list the sales site location; include proof that the applicant is registered with the division of the state fire marshal pursuant to F.S. Ch. 791; include proof of a current fire safety inspection from the county fire-rescue department documenting compliance with the state fire prevention code and the county's local amendments thereto for the sales site listed on each application; include proof of compliance with the bond requirements set forth in this section; and include proof of compliance with the financial responsibility provisions of this code, if applicable. In addition, the temporary retail sale of sparklers requires an additional permit from the county planning, zoning and building department, the requirements for which are set forth in the Unified Land Development Code. Each application for a permit for the sale of fireworks or sparklers must list the name and address of the designated contact person for the listed sales location and the nature of any Palm Beach County Ordinances 87 other sales or business operations of the applicant which are to take place at the permitted premises. Each permit application shall be accompanied by a permit fee, to offset the cost of the regulatory requirements of this code, in the following amounts: Sale of fireworks: . . . . . . . . . . . . $100.00 Sale of sparklers not exempt under section 12-39: . . . . . . . . . . . . . . . . . . . . . $100.00 The permit shall be issued in the name of the applicant only and shall not be transferable. Once a permit is issued, the permit holder shall have a continuing obligation to notify the county fire marshal of any change in the information set forth in the application for the permit including, but not limited to, any changes in physical address or closure of the permit holder's operations at any location where the permit holder does business in the county. As a condition of obtaining and maintaining the permit, the permit holder must comply with all applicable federal, state and local laws and regulations governing the sale and storage of fireworks and/or sparklers, as applicable, including the requirements of this code, the state fire prevention code and the county's local amendments thereto. The permit holder also must comply with the record keeping and financial responsibility provisions of this code, as applicable. The county fire marshal is authorized to issue permits for the sale of fireworks and sparklers as required herein. Permits for the sale of fireworks or for the retail sale of sparklers shall be valid for the duration of the applicant's current certificate of registration from the state fire marshal issued pursuant to F.S. § 791.015. Permits for the seasonal retail sale of sparklers shall be valid for one (1) of the sales periods authorized in F.S. § 791.01, for seasonal retailers. The county fire marshal shall deny a permit if the application does not meet the requirements established herein. If a permit is denied by the county fire marshal, the applicant shall be advised in writing of the reason(s) for such denial. Upon a determination by the county fire marshal that there is a violation of this code or any permit condition and that such violation presents an imminent danger, the county fire marshal shall be authorized to immediately suspend any permit issued hereunder until such time as the violation is corrected. For purposes of this code, "imminent danger" shall mean any condition or practice at the permitted site that poses a danger that could reasonably be expected to cause serious physical harm, including death, or serious property loss. The sale of the permitted goods as set forth in this code shall cease for the duration of the permit suspension. Upon notification of a permit suspension under this section, the seller shall, if so directed in the permit suspension order, remove their fireworks or sparklers inventory, as applicable, from the premises in accordance with the time frame established in the order, and store said inventory in a secure offsite location that meets all applicable state and local fire codes. Based upon the county fire marshal's assessment of the danger presented, the permit suspension order may provide that the seller may, as an alternative to removing its inventory, cease operations during the period of suspension if its premises are secure. It shall be the obligation of the seller to ensure that adequate security is in place during any suspension period. At a minimum, the seller's premises or storage location, as applicable, shall be locked or otherwise inaccessible to the general public. The county fire marshal's order suspending or denying a permit under this section shall be in writing and set forth the reason(s) for such suspension or denial. Such order shall be served upon the permit holder/applicant or its contact person, as listed on the permit application, by personal service or mail and by delivering same to, and leaving same with, a person of responsibility at the sales site. Any such notice shall be deemed sufficient notice to the permit holder/applicant. For unattended or abandoned locations, a copy of such order shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the permit holder/applicant or its contact person. Any person or entity whose permit is suspended or denied hereunder may appeal such decision as set forth in section 12-44. (b) Display of permit. All appropriate local and state permits, registrations and licenses must be displayed at each sales site, and be made available during business hours for immediate on site inspection by the county and/or the sheriff's office or other applicable law enforcement agencies. (c) Bond. Before any permit, as provided by this code, shall be issued by the county fire marshal for the sale of fireworks or sparklers, such applicant shall file, or have on file, with the county fire marshal a current performance bond or similar security acceptable to the county, naming the county as beneficiary in Palm Beach County Ordinances 88 the sum of five thousand dollars ($5,000.00). An applicant with more than one (1) sales site and application shall pay the sum of five thousand dollars ($5,000.00) per site, but shall only pay a maximum of twenty thousand dollars ($20,000.00) for multiple sites. Such security shall be approved by the county attorney's office. The conditions of such security shall be that: (1) The permit holder will pay all costs and judgments that may be rendered against said permit holder by a court of law for a violation of this code or F.S. Ch. 791, regarding the sale of fireworks or sparklers; and (2) The permit holder shall pay the cost to the sheriff's office of providing security at the site(s), pursuant to court order, in the event of the arrest or detention of the permit holder's employee(s), or agent(s), for violation of this code, which arrest or detention results in the site being unmanned by the permit holder's employee(s) or agent(s). (d) Proof of registration. The purchaser of any fireworks from a wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, if applicable, proof that the buyer is registered with the division of the state fire marshal and that the sale is otherwise in compliance with F.S. Ch. 791. The seller shall retain a copy of such proof presented in accordance with subsection (f) herein. (e) Exemptions to registration. Any person, firm, partnership or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. § 791.07, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with, and stamped as received by, the applicable sheriff's office pursuant to the rules prescribed by the state department of agriculture and consumer services. In order to verify compliance with F.S. § 791.07, the seller must receive a copy of the stamped statement filed with the sheriff's office before selling the firecrackers and shall be required to maintain the copy of the statement on the site of the sale in accordance with subsection (f) herein. Failure of the seller to obtain a copy of the statement prior to the sale of firecrackers pursuant to F.S. § 791.07 shall constitute a per se violation of this code. The seller must review the purchaser's photo identification and record and maintain the purchaser's name, address, and form of identification as provided in subsection (f) herein. If a purchaser of fireworks claims to be exempt from registration requirements pursuant to an exemption set forth in F.S. § 791.04, the purchaser must provide a written notarized statement setting forth the basis of the exemption and the purpose for which the fireworks are being purchased, in the form attached to this code as exhibit "A." The seller shall retain a copy of this statement in accordance with subsection (f) herein. In order to verify compliance with F.S. § 791.04, the seller must receive a copy of said notarized statement before selling the fireworks and shall be required to maintain a copy of the statement on the site of the sale. Failure of the seller to obtain a copy of the statement prior to the sale of fireworks pursuant to F.S. § 791.04, shall constitute a per se violation of this Code. Any person, firm, partnership, or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. § 791.04, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery. The purchaser of fireworks to be used, pursuant to F.S. § 791.04, by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial drivers license, by itself, shall not meet the requirements of this section. A copy of this document must be maintained by the seller. The purchaser of fireworks to be used, pursuant to F.S. § 791.04, in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other government issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The purchaser of fireworks to be used, pursuant to F.S. § 791.04, in a public display must produce a copy of the current permit from a county or municipality and the seller must keep a copy of this permit with the record of sale. (f) Record of sales and exemptions. In order to verify compliance with F.S. Ch. 791 and this Code, the seller of fireworks must check a driver's license or other photo identification of each purchaser of fireworks, and keep a record of the names, addresses Palm Beach County Ordinances 89 and form of proof of photo identification for each purchaser. The seller must maintain, on site, this record for all fireworks sales, which record includes the name and address of purchaser, and the form of identification. The record must also include proof of registration in compliance with F.S. Ch. 791 by the purchaser, if applicable, or the written notarized statement setting forth the basis of the exemption and the purpose for which the fireworks are being purchased. Seller must verify and record that the name, address and other identification information on this notarized statement is consistent with the information contained on the purchaser's driver's license or other photo identification. Effective December 1, 2004, every seller of fireworks shall provide to each purchaser of such item(s) a receipt showing the item(s) sold, the seller's name and address, and the date of purchase. This receipt shall be provided at the time of purchase and the seller shall maintain a copy. All records required by this code to be retained by the seller shall be maintained, on site, and be made available during business hours for immediate on site inspection by the county and/or the sheriff's office or other applicable law enforcement agencies. The seller must maintain copies of all records required by this code at the location where the sale took place for a period of three (3) years from the date of the sale. These records must be available and provided immediately upon request for inspection by the county, the sheriff's office, or other applicable law enforcement agencies. In the event that the sales location closes, moves or is vacated, the records required by this code to be retained must be stored at a location in the county where they will be readily available for inspection by the county, the sheriff's office, or other applicable law enforcement agencies. The seller shall advise the county fire marshal of any change in the location of these records. (g) Evidence of financial responsibility. In furtherance of the provisions of F.S. Ch. 791, each seller of fireworks must keep in force an insurance policy showing general comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than one million dollars ($1,000,000.00) combined single limit coverage for each loss that may result from the activities of the seller. Sellers must maintain Worker's Compensation coverage as required pursuant to F.S. Ch. 440. Insurance coverage must be in a form acceptable to the county's risk management department. (h) Floor area. The floor area occupied by the displays of fireworks and/or sparklers in a permanent sales facility shall not exceed forty (40) percent of the floor area within the sales area. (i) Inspections. Sellers of fireworks must obtain for each fireworks sales site a satisfactory fire safety inspection from the county fire-rescue department every three (3) months documenting compliance with the state fire prevention code and the county's local amendments thereto. Any application for, or acceptance of, a permit to sell fireworks under this code shall constitute agreement and consent by the applicant and permit holder to allow the county fire marshal to enter the premises at any reasonable time to conduct the quarterly fire safety inspections required hereunder. (Ord. No. 04-020) Sec. 12-46. Drought restrictions. Whenever the Keetch-Byram Drought Index average for the county reaches five hundred (500) or more, the county fire marshal is authorized to issue a written order prohibiting the use of fireworks and sparklers if the county fire marshal determines that the fire hazard created by such use would present an imminent danger to life and property. In making this determination, the county fire marshal shall consider the level of the drought index, other weather factors such as wind, temperature, relative humidity and atmospheric stability, and the potential for, or existence of, brush fires. This prohibition shall continue until terminated in writing by the county fire marshal. Within twenty-four (24) hours of the Keetch-Byram Drought Index average for the county falling below five hundred (500), the county fire marshal shall review, and continue to review on a daily basis, the factors identified above to assess when the drought restrictions will be lifted. Anyone seeking to appeal a decision of the county fire marshal to not lift such drought restrictions may do so by filing a written request for review with the county fire-rescue administrator within five (5) business days of such decision. The fire-rescue administrator shall review the county fire marshal's action and issue a written decision, with its supporting factual findings, within five (5) business days of his receipt of the request for review. The decision of the fire-rescue administrator shall be final agency action. Notwithstanding the foregoing, public displays of fireworks shall not be prohibited if properly permitted in accordance with section 16-10 of Palm Beach County Ordinances 90 the county local amendments to the state fire prevention code (codified at section 12 57 of the County Code), as may be amended or recodified from time to time, and conducted in compliance with all applicable laws and regulations, including NFPA 1123 ("Code for Fireworks Display") and F.S. Ch. 791. At a minimum, at least one (1) fire truck and one (1) fire inspector shall be on standby for each such public display. (Ord. No. 04-020) Sec. 12-47. Enforcement and penalties. Any violation of this code, including any orders issued hereunder, shall subject an offender to arrest pursuant to F.S. § 901.15, and prosecution pursuant to F.S. §125.69. The provisions of this Code, including any orders issued hereunder, also may be enforced pursuant to the procedures and penalties of F.S. Ch. 162, the code enforcement citation system set forth in Ch. 8.5, Art. II, of the County Code, and the code enforcement special master system set forth in Article 10 of the County Unified Land Development Code, all as may be amended or recodified from time to time; provided, however, that in no case shall the fine imposed exceed one thousand dollars ($1,000.00) per violation. In addition to the sanctions contained herein, the county may take any other appropriate legal action to enforce the provisions of this code, including, but not limited to, cease and desist orders, administrative action, instituting civil action, and requesting temporary and permanent injunctions. It is the purpose of this code to provide additional, cumulative remedies. Each violation of this code shall constitute a separate offense and be punishable as such. These sanctions are in addition to any criminal penalties available under the provisions of F.S. Ch. 791. (Ord. No. 04-020) Chapter 16 LAW ENFORCEMENT ARTICLE II. SPECIAL OFF DUTY Sec. 16-16. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Deputy sheriff means a deputy sheriff duly appointed by the sheriff. Off regular duty police services means any police services rendered by deputy sheriffs during a period or periods of time not within their regularly assigned hours of duty. Permit means a permit issued pursuant to this article. Permit assignment means and includes any assignment made by the sheriff to a deputy sheriff to provide any off regular duty police services. Permittee means any person receiving a permit. Sheriff means the sheriff of the county. (Ord. No. 72-4) Sec. 16-17. Rules and regulations. The sheriff shall make and prescribe such rules and regulations as are reasonably necessary and appropriate for the proper administration and enforcement of the provisions of this article. The sheriff shall furnish from time to time such information as is requested by the county administrator pertaining to the character and volume of off regular duty services provided under the provisions hereof. (Ord. No. 72-4) Sec. 16-18. Vacation and compensatory time off periods not enhanced. No time served by a deputy sheriff in fulfilling a permit assignment shall be considered by the sheriff in determining the amount of vacation time or compensatory time off that a deputy sheriff may be entitled to receive. (Ord. No. 72-4) Sec. 16-19. Certain compensation prohibited. No deputy sheriff shall accept or receive any compensation from any person except the sheriff for performing any off regular duty police services. (Ord. No. 72-4) Sec. 16-20. Status of deputy sheriffs. Deputy sheriffs shall be deemed to be acting within the course and scope of their official duties while fulfilling permit assignments. (Ord. No. 72-4) Sec. 16-21. Disposition of proceeds. Payment of all proceeds for services under this article shall be made to the sheriff's office. Payment will be in the form of a check or money order made payable to the sheriff's office. Cash will not be accepted. All proceeds received hereunder shall be remitted to the county in accordance with Florida Statutes section 30.51, and shall be applied to the sheriff's budget, revenue account in the fine and forfeiture fund. (Ord. No. 85-33) Sec. 16-36. Application. Any person who engages in an activity or function within the county which may reasonably require special police services, in Palm Beach County Ordinances 91 addition to those police services provided generally to the public by law, may apply to the sheriff for a permit providing such services. (Ord. No. 72-4) Sec. 16-37. Issuance. Upon application on a form provided by the sheriff for that purpose, the sheriff may issue to the applicant a permit which shall authorize and define such off regular duty police services as the sheriff deems appropriate; provided that the sheriff may cancel the permit issued hereunder at any time with or without cause. (Ord. No. 85-33) Sec. 16-38. Charges. (a) The charges for each permit issued shall be made in accordance with the following schedule: (1) A minimum hourly rate, as determined and established by the sheriff to be a fair, just and equitable amount, shall be charged for each deputy sheriff authorized by a permit and shall remain in effect until the expiration of the permit; provided, however, that a minimum total charge, as computed on such hourly rate, shall be made for each deputy sheriff so authorized for each three-hour period or less. (2) If the permit assignment requires the presence of a supervising officer for its proper performance, a proportionately higher hourly rate, as determined and established by the sheriff, shall be made for each hour of service rendered for each supervising officer. (3) In the event a sheriff's office vehicle is required, an amount equal to the actual cost of such use shall be charged, as same shall be computed from time to time by the sheriff's office, on a per-mile basis from the nearest substation or headquarters portal to portal. (4) The sheriff may refund a portion of the fee charged under this section if, through no fault of the applicant or permit holder, the services contemplated by the permit are not capable of complete performance. (b) In the case of permittees who require the services provided for in this article on a frequent and regular basis, the sheriff may establish a uniform schedule of charges below the schedule of charges provided for herein. (Ord. No. 85-33) Sec. 16-39. Relinquishment. A permittee may relinquish his permit at any time; provided, however, that in the event of such relinquishment the permittee shall be required to pay to the sheriff a reasonable compensation for all expenses incurred and preparations made to provide the services authorized by the permit. The amount of the reasonable compensation may be agreed upon by the sheriff and the permittee at the time the permit is issued. (Ord. No. 72-4) ARTICLE III. ALARMS Sec. 16-52. Purpose. In concert with the county sheriff's office commitment to problem solving policing, the purpose of this article is to prevent false alarm activations that require the sheriff's office to respond. Deputies responding to false alarms are more wisely utilized preventing crime and solving neighborhood crime problems. This article is a cooperative effort among the board of county commissioners, the Alarm Association of Florida and the county sheriff's office to prevent false alarm activations in the most effective manner. (Ord. No. 08-038) Sec. 16-53. Definitions. The following words when used in this article shall have the meanings attributed to them by this section: Alarm administrator means the person designated by the Sheriff to administer, issue and review alarm applications, permits and alarm dispatch requests. Alarm company means any individual, partnership, corporation or other entity engaged in or causing the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring any alarm system. Alarm monitoring company means any individual, partnership, corporation or other entity engaged in or causing the monitoring of any digital, cellular, long range radio or any other alarm monitoring system which is designed to detect intrusion and whose duty it is to notify any law enforcement agency by any means. Alarm permit means a permit issued by the sheriff allowing the operation of an alarm system within the unincorporated areas of the county and any area where the county sheriff's office responds to burglary, robbery, panic and duress or holdup alarms as the primary law enforcement agency pursuant to an agreement between a municipality and the sheriff. Alarm permits are not transferable from one person to another or one business to another. Alarm permits may be transferable if the alarm user moves from one location to another location within the unincorporated area of the county. Alarm permit fees and alarm renewal fees are nonrefundable. Alarm re-training means personal individual training of the alarm user in the proper use of Palm Beach County Ordinances 92 the alarm system. The retraining shall include; activation, deactivation, panic/hold up alarms, procedure to cancel false alarm dispatches, basic alarm maintenance, false alarm avoidance, key holder responsibilities and other responsibilities of the alarm user under this article. Alarm site shall mean any building, structure, facility or premises, or portion thereof, wherein an alarm system is maintained. Alarm system means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of an illegal entry or other activity, but does not include mobile alarms or fire alarms. Alarm user means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure, facility or premises, or portion thereof, containing an alarm system. Alarm user's school means a class provided by the county sheriff's office or an agency authorized to perform such training by the sheriff's office. Automatic telephone dialing alarm system ("ATDAS") means the automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically transmits by telephone or telephone line to the sheriff's office or sheriff's dispatcher a recorded message or code signal indicating a need for emergency response. False alarm means an alarm dispatch request where the responding deputy finds no evidence of a criminal offense or attempted criminal offense after completing an investigation of the alarm site. False alarms include alarms caused by user error and/or technical or mechanical failure. Excluded are alarms caused by tornado, hurricane, fire, and telephone line trouble outside the alarm premises and dispatches that are properly canceled by the alarm company or alarm monitoring company before the sheriff's office arrives at the scene. Nuisance alarm means a repeated alarm system activation in which a sensor responds to a stimulus, but the stimulus is not a verifiable criminal activity and repeatedly wastes sheriff's office resources. This includes unlocked or unsecured doors and windows, public access to alarmed areas, open fields or other areas where persons may travel. Private security alarm system ("PSAS") means a gated community with 24 hours a day, seven days a week private security. The alarm activation shall not cause an audible sound outside the business. Both the private security company and the outside monitoring company shall monitor the alarm signal for the community and provide first response to the alarm site to determine the validity of the activation. The sheriff's office shall not be notified of the alarm activation and is not required or expected to respond to the alarm site unless the security representative first finds evidence of criminal activity or an unlocked or open door or window. PSAS does not include contracted sheriff's office deputies. The private security company must be properly licensed and meet all of the requirements of county ordinances and state statutes and must produce such documentation to the sheriff's office alarm unit upon request. Failure by the community or the private security company to maintain any of the requirements of this section shall result in disqualification as a PSAS community and subject the alarm users in that community to all of the provisions of this article. Transfer means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. (Ord. No. 08-038) Sec. 16-54. Alarm permits required; application fee, renewal, duration. (a) It shall be a violation of this article to operate an alarm system without a valid alarm permit unless specifically exempted under the definition of "private security alarm system" in section 16-53. Violation of this section shall be subject to a civil penalty of two hundred fifty dollars ($250.00) plus court costs. (b) Alarm systems on publicly owned properties will be required to register with the sheriff's office and will be subject to all regulations and requirements of this article, except application fees. Failure to register shall result in a no-response status. (c) All alarm users shall obtain an alarm permit within thirty (30) days of the effective date of this article. Alarm permits shall be acquired from the sheriff's office upon submission of a permit application fee of twenty-five dollars ($25.00). An alarm user that has paid the applicable permit fee prior to enactment of this article shall be governed by subsection 15-64(e) herein. Alarm users in communities that meet all of the requirements of the definition of "private security alarm Palm Beach County Ordinances 93 system" in section 16-53 are exempt from this section. (d) Applicants for alarm permits shall obtain all other applicable permits, including building permits, prior to submitting an application for an alarm permit. (e) All alarm permits will expire one (1) year from the date of issuance. Renewal permits will be issued after completion of a renewal form and the payment of a renewal fee of twenty-five dollars ($25.00) per year. This fee is to offset the cost of monitoring current registration for effective sheriff's office response to the alarm site. Failure to make payment within thirty (30) days from date of receipt of notification by the sheriff's office shall result in a discontinuance of sheriff's office response to alarms that may occur at the premises described in the alarm user's permit until payment is received. (f) If a business or residence has one (1) or more alarm systems protecting two (2) or more separate structures having different addresses, a separate alarm permit will be required for each structure. Violation of this section shall result in a civil penalty of two hundred fifty dollars ($250.00) plus court costs per incident. (g) If the owner or property manager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex shall obtain an alarm permit for each apartment. All units, whether occupied or not, shall be required to have an alarm permit. Each apartment shall be considered as a separate alarm user. (h) An apartment complex shall obtain a separate alarm permit for any alarm system operating in a nonresidential area of the apartment complex including, but not limited to, common tenant areas, office, storage and equipment areas. (i) All alarm companies that install, monitor, repair, or activate an alarm system in the unincorporated area of the county must be licensed according to F.S. ch. 489, have the appropriate occupational licenses and instruct the user on the proper use of the system. It shall be the responsibility of the alarm company to provide necessary re-training to the alarm user as defined in section 16-53. Alarm companies shall also inform the alarm user or person requesting such work of the requirements of this article, and provide them a copy. Literature will be made available on the county sheriff's office website (www.pbso.org). Violation of this section shall result in a civil penalty of five hundred dollars ($500.00) plus court costs to the alarm company for each occurrence. (Ord. No. 08-038) Sec. 16-55. Alarm permit applications Emergency notification; reporting service. (a) All applications submitted for an alarm permit to the sheriff's office shall state the name, address and telephone number of the property to be serviced by the alarm, and the name, address and telephone number of the alarm user's residence. If serviced by an alarm company, then the alarm user shall also include the name, address, telephone number and state license number of that company. It is the responsibility of any alarm user that activates a new or existing alarm system to forward an alarm permit application to the sheriff's office. The alarm user must submit an alarm permit application and a check made payable to the county sheriff's office for the amount of twenty-five dollars ($25.00). The application and check must be mailed or delivered in person to the sheriff's office within twenty-four (24) hours following activation or reactivation. The renewal fee and false alarm fine notices will be sent directly to the alarm user. The sheriff's office shall not respond to an unpermitted alarm system activation. It is the responsibility of the alarm user to provide the alarm permit number to the alarm monitoring company. Alarm companies and alarm users shall be permitted to use online application and payment services when made available by the sheriff's office. (b) Emergency notification. Each alarm permit application shall list an emergency telephone number of the user and one (1) representative (key holder) to permit prompt notification of emergencies. All users of an alarm system must have one (1) representative (key holder), other than him or herself, available to respond to an alarm activation to open the premises and have the capacity to deactivate the system. The representative must respond upon request by the sheriff's office or alarm company to deactivate the system. Failure to do so shall result in the assessment of a civil penalty of one hundred twenty five dollars ($125.00) plus court costs per incident to the alarm user. Changes in emergency telephone numbers shall be kept current by the alarm user, the alarm company and the alarm monitoring company and failure of either to provide current information to the sheriff's office shall result in a civil penalty of forty dollars ($40.00) and shall constitute grounds for revocation of the alarm permit. All alarm companies and alarm monitoring companies must notify the Palm Beach County Ordinances 94 sheriff's office in writing of cancellation of monitoring service or change of information concerning the alarm users. Alarm companies and/or alarm monitoring companies shall not be held responsible for violation of this section if they have not been notified by the alarm user. It is the responsibility of the alarm user to notify the alarm company and/or alarm monitoring company whenever a key holder is temporarily unavailable. If a key holder is temporarily unavailable for whatever reason and fails or neglects to notify the alarm user, neither the alarm user, the alarm company nor the alarm monitoring company shall be fined or penalized pursuant to subsection (b) of the alarm ordinance. (c) Reporting service information. Each alarm monitoring company or nonmonitored alarm user shall immediately notify the sheriff's office in writing of any and all changes in the information on file with the sheriff regarding each alarm user. Failure to do so shall constitute grounds for revocation of the permit. (d) Information relating to security systems is exempt from public disclosure according to F.S. § 281.301, as may be amended from time to time. (Ord. No. 08-038) Sec. 16-56. Technical requirements of alarm systems. (a) All alarm systems shall have a backup power supply that will become operative in the event of power failure or outage. The backup power supply shall have a minimum capacity of three (3) hours. The alarm company will be required to produce documentation indicating that battery calculations were performed in order to comply with the standby requirement. Switching to backup power or restoring to electrical power from backup power shall not cause an alarm condition. Violation of this section shall result in a civil penalty of $125.00 plus court costs per incident to the alarm user. (b) All control panels installed after January 2003 must meet the requirements of Security Industry Association ("SIA") equipment related group CP-01 (or an equivalent) and must maintain defaults; minimum thirty-second entry delay; minimum thirty-second abort delay; minimum forty-five-second exit delay with auto restart. Commercial systems requiring UL certification shall be exempt from these delay requirements. Violation of this section 16-56(b) shall result in the alarm system being placed on no response status. (c) All motion detectors installed after January 1, 2007 shall meet the requirements of Security Industry Association ("SIA") equipment standard MD-01 (or an equivalent). (d) All glass break detectors (and related equipment) installed after January 1, 2007 shall meet the requirements of Security Industry Association ("SIA") equipment standard GB-01 (or an equivalent). (e) Alarm companies shall not program alarm systems with one plus duress capabilities. Alarm companies may continue to report one plus duress alarms received from alarm systems programmed with this feature prior to 2000. Violation of this section shall result in a civil penalty to the alarm company of $500.00 plus court costs for each occurrence. (f) When performing any upgrade or modification to an alarm system, an alarm company must remove the one plus duress capability from the alarm system. (g) Alarm companies shall not install devices for activation of hold up or panic alarms as a single action, non-recessed button. (h) All alarm dispatch requests caused by a verifiable or attempted criminal offense shall not be considered a false alarm. The criminal activity must be determined by the responding deputy sheriff or documented within five (5) business days of the activation and must be accompanied by a police report. (i) The alarm administrator or sheriff's office supervisor may cancel, without notice, any alarm dispatch caused by power or weather related causes, determined to be a nuisance, or emergencies based upon priority. Alarm dispatches canceled under this section shall not be considered false alarms. (j) The sheriff's office will not respond to an alarm activation at the same premises within an eight-hour period unless a key holder is available to respond. It is the duty of the alarm monitoring company to contact the key holder before requesting a second response from the sheriff's office within an eight-hour period. If a key holder cannot be contacted to respond to the alarm site, the sheriff's office will not respond. Alarm monitoring companies shall contact a key holder in advance and determine that the key holder is available to respond. (k) Violation of this section shall result in a civil penalty of five hundred dollars ($500.00) plus court costs to the alarm monitoring company for each occurrence. (Ord. No. 08-038) Sec. 16-57. Response to alarm; Palm Beach County Ordinances 95 determination of false alarms, alarm verification. (a) Whenever an alarm is activated and the sheriff's office responds, a deputy sheriff on the scene of the activated alarm system shall inspect the area protected by the system and shall determine whether the activated alarm was a verifiable emergency or whether it was a false alarm. (b) The deputy shall make a report of any false alarms and send a notification by mail or hand delivery to the address shown on the alarm permit advising the alarm user of the false alarm. (c) An alarm monitoring company performing monitoring services and nonmonitored alarm users shall provide the sheriff's office with the valid alarm permit number of the activation. The sheriff's office will not dispatch a response to a call indicating an alarm activation from an alarm monitoring company without an alarm permit number, the name and address of the alarm activation, and the zone(s). The alarm company shall report the specific location, i.e.: front door, west window, etc. To the sheriff's office. The alarm monitoring company will call the alarm site and attempt to verify every alarm activation before requesting a sheriff response with the exception of robbery, panic, duress or hold up alarms. (d) Alarm companies and alarm monitoring companies shall employ enhanced call verification methods as specified in F.S. § 489.529 and any related rule in Florida Administrative Code 61G6 as either may be amended from time to time. (e) Failure to verify alarm activations in accordance with section 16-57(d) of this article before requesting a dispatch or requesting a dispatch without a valid permit number shall result in the assessment of a civil penalty of five hundred dollars ($500.00) plus court costs for each occurrence. (f) All alarm monitoring companies shall verify cancellations of alarm dispatch requests to the sheriff's office in a manner and form determined by the alarm administrator. The procedure shall require alarm monitoring companies to telephone the sheriff's office on a non-emergency telephone line to indicate the alarm was false and to cancel all police response. (g) The county sheriff's office will provide normal response to all 911 calls and all robbery/panic duress or hold up alarms which require an intentional act by a person on the premises to activate the alarm even if the alarm user is on no response status. Activations of this type of alarm which is determined to be false by the sheriff's office will result in fines in accordance with section 16-59. (h) The sheriff or his designee shall have the right to inspect any alarm system which might require a sheriff's response at any reasonable time to determine whether it is in conformity with the terms of this article. (i) No fine shall be imposed upon the alarm user if the alarm user can prove by the greater weight of evidence that the alarm company failed to attempt to notify the alarm user before notice to the sheriff's office. This section shall only apply to burglar alarms. All robbery, panic, duress and holdup alarms are excluded from this section. (Ord. No. 08-038) Sec. 16-58. Procedure to appeal false alarm determination. (a) Upon receipt of any false alarm notifications, the alarm user shall have ten (10) days to appeal said notification, in writing, to be heard at 3228 Gun Club Road, West Palm Beach, Florida 33406, before a false alarm appeals board setting forth the reasons for the appeal. False alarm appeals board shall hear cases involving special circumstances which are beyond the control of the alarm user or the alarm company. (b) All hearings shall be scheduled and concluded within fifteen (15) days from the date the request is received. (c) If appealed, a false alarm determination shall be stayed until a determination is made by the false alarm appeals board. (d) The false alarm appeals board shall be comprised of an attorney licensed to practice in the state, selected by the sheriff's general counsel, an active licensed alarm company representative, a current member of the sheriff's office's alarm unit, as well as an alternate member who shall serve only when a member of the false alarm appeals board has direct experience with the specific false alarm which is the subject of the appeal. The sheriff or his designee shall appoint all members to the false alarm appeals board. (e) Rules of procedure. The false alarm appeals board shall conduct a hearing and consider all evidence from the alarm company, alarm user and/or sheriff's office and make a decision based upon a preponderance of evidence presented at the hearing. The alarm user shall have the burden of proof. The false alarm appeals board may not compromise or overturn cases concerning faulty or malfunctioning equipment, false alarms caused by electrical surges, or alarms Palm Beach County Ordinances 96 caused by the fault of another person during non-criminal incidents. The false alarm appeals board shall hear cases involving circumstances which are beyond the control of the alarm user or the alarm company. The false alarm appeals board shall send notice of its majority decision to the alarm user within five (5) business days of the hearing. The decision of the false alarm appeals board constitutes final administrative action. (f) Meetings. (1) Location. The location of the hearings shall be in the county. (2) Operating procedures. All cases brought before the false alarm appeals board shall be presented by either the alarm enforcement division or an attorney representing the division. (3) Meetings open to the public. All meetings and public hearings shall be open to the public. (g) Compensation. False alarm appeals board members shall serve without compensation for their services and shall not by virtue of their service on the false alarm appeals board, be considered county or sheriff employees. (h) The sheriff may also request the initiation of the code enforcement procedures pursuant to Ordinance No. 90-45, as amended. (Ord. No. 08-038) Sec. 16-59. Fines for false alarms. (a) False alarms within a permit year for the same alarm permit shall be subject to the following fines: (1) The first and second false alarms shall not be assessed a fine. (2) The third and fourth false alarms shall each be assessed a fifty dollar ($50.00) fine. (3) The fifth false alarm shall be assessed a seventy-five dollar ($75.00) fine. (4) The sixth through ninth false alarms shall each be assessed a one hundred dollar fine ($100.00). (5) The tenth and all subsequent false alarms shall each be assessed a five hundred dollars fine ($500.00). (b) Failure to make payment within thirty (30) days from date of receipt of notification of any fines under this article shall result in a limited response to alarm activations by the sheriff's office. The sheriff's office shall not respond to burglar alarms at the alarm site until payment of all delinquent fines and/or civil penalties are received. The sheriff's office will continue to respond to robbery, panic, duress or hold up alarms, 911 telephone calls and other emergency or non-emergency requests for service. (c) Any person operating a non-permitted alarm system (revoked, suspended, or never permitted) will be subject to a two hundred fifty dollar ($250.00) civil penalty plus court costs for each false alarm dispatch. (Ord. No. 08-038) Sec. 16-60. Maintenance of records. All alarm companies must maintain for a period of one year, all monitoring, service, and installation records. This information must be provided to the sheriff's office, upon request, within the following time frames: records up to one hundred eighty (180) days old must be provided within five (5) calendar days and records over one hundred eighty (180) days old must be provided within ten (10) calendar days. Current information must be maintained regarding the premises monitored, the alarm user, and the key holder. Violation of this section shall result in a civil penalty of five hundred dollars ($500.00) plus court costs per incident. (Ord. No. 08-038) Sec. 16-61. Automatic telephone dialing alarm systems prohibited, no response for mobile alarm systems. (a) It shall be a violation of this article for any person, natural or corporate, to sell, offer for sale, install, maintain, lease, operate or assist in the operation of an automatic telephone dialing alarm system. Violation of this section shall result in a civil penalty of one hundred twenty-five dollars ($125.00) plus court costs per incident to the alarm user and/or alarm company. (b) The sheriff shall issue an order to discontinue use of all automatic telephone dialing alarm systems to the owner, operator, or lessee within seventy-two (72) hours and shall put the system on a no response status. (c) All automatic telephone dialing systems installed prior to the effective date of this article, shall be removed within thirty (30) days of the date of the notice as set forth in subsection (b) hereof. (d) Mobile alarm systems. The sheriff shall not respond, and the alarm company and/or alarm monitoring company shall not request a response, to any activation of a mobile, personal, or automotive security device or any other alarm system that is not fixed or installed in a permanent location. A request for a dispatch for a mobile alarm system shall result in a civil penalty of two hundred fifty dollars ($250.00) plus court costs for each occurrence to the alarm company. (Ord. No. 08-038) Palm Beach County Ordinances 97 Sec. 16-62. Applicability. This article shall apply in the unincorporated area of the county and any area within the county where the county sheriff's office responds to burglar, robbery, panic, duress or hold up alarm activations as the primary law enforcement agency, pursuant to an agreement between a municipality and the sheriff unless the municipality has adopted its own alarm ordinance. Otherwise, this article shall not be effective in municipalities. (Ord. No. 08-038) Sec. 16-63. Limitation of liability. Neither the sheriff's office nor the county shall be under any obligation or duty to an alarm user or to any other person hereunder by reason of this article. The sheriff specifically disclaims liability for any damages which may be caused by failure to respond to an alarm. (Ord. No. 08-038) Sec. 16-64. Prohibitions and penalties. In addition to the penalties referenced throughout this article, the following shall apply: (1) Any false statement made in an application for an alarm permit hereunder or with respect to any process or procedure required under this article shall result in a civil penalty of five hundred dollars ($500.00) to the maker of the false statement and revocation of the alarm permit. (2) No alarm user shall operate an alarm system without a valid alarm permit issued by the county sheriff's office unless specifically exempted under the definition of "private security alarm system" in section 16-53. Violation of this section shall be subject to a civil penalty of two hundred fifty dollars ($250.00) plus court costs. (3) No person shall manually operate an alarm system for any reason other than an occurrence of an event that the alarm system was intended for. Violation of this section shall result in a civil penalty to the alarm user of one hundred twenty-five dollars ($125.00) plus court costs per incident. (4) Alarm monitoring companies shall attempt to verify every alarm signal, except a robbery, panic, duress or hold up alarm activation before requesting the county sheriff's office to respond. Violation of this section shall result in a civil penalty to the alarm monitoring company of five hundred dollars ($500.00) plus court costs per incident. (5) It is the responsibility of the alarm company and technician to prevent false alarms during installation, system repairs, or system service by switching the monitoring system to test mode. Violation of this section shall result in a civil penalty of one hundred twenty-five dollars ($125.00) plus court costs per incident to the alarm technician or alarm company. (6) The department of business and professional regulations will be notified of violations of this article by any contractor, alarm company or alarm monitoring company. (7) Alarm users who have excessive alarm dispatches shall be required to attend an alarm user's school given by the county sheriff's office. Attendance at such school shall be at the direction of the designee of the sheriff's office. Excessive alarm dispatches shall mean more than five alarms per month. Attendees may be given a credit for outstanding fines upon successful completion of the alarm user's school and only when repairs are made by a licensed alarm company and a work order from the alarm company is submitted. Alarm users are only allowed to attend alarm user's school once in a lifetime for the purpose of removal of fines. (Ord. No. 08-038) Chapter 17 LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS Sec. 17-2. Fuel price signs. Every person that engages in the retail sales of motor vehicle fuel to the general public shall prominently and continuously display signs on the premises according to Standard I or Standard II and Standard III: (1) Standard I: a. At least one (1) sign shall be displayed which is a minimum of ten (10) square feet and a maximum of fifteen (15) square feet on its usable face. b. The sign shall be prominently placed and readable by motorists traveling on the abutting streets. c. The sign shall clearly indicate the types of motor vehicle fuel available for sale (i.e., leaded, unleaded, diesel, gasohol, etc.) in full or abbreviated form. d. The sign shall indicate the maximum retail price per gallon, or other unit, to the nearest tenth of a cent inclusive of all taxes, in numerals at least six (6) inches tall, for each kind of motor vehicle fuel available for sale. If prices are indicated in units other than "price/U.S. gallon," the unit must be indicated in lettering not less than three (3) inches tall. e. If the prices displayed are for self-service or other limited type of service, the sign must clearly indicate the type of service. Palm Beach County Ordinances 98 f.All fuels and services displayed on the signs must be available at the posted prices. (2) Standard II: a. Pump topper signs placed on the top of each pump. b. The signs must be placed so they are easily readable by motorists traveling on the abutting streets. c. The sign shall indicate the maximum retail price per gallon, or other unit, to the nearest tenth of a cent inclusive of all taxes, in numerals at least six (6) inches tall for the motor vehicle fuels available at that pump. If prices are indicated in units other than "price/U.S. gallon," the unit must be indicated in lettering not less than three (3) inches tall. d. If the prices posted are for self-service or other limited type of service, the sign must clearly indicate the type of service. e. All fuels and types of service displayed on the signs must be available at the posted prices. f.Either the sign, or the pump it is attached to, must indicate the type of fuel available at that pump (i.e., leaded, unleaded, diesel, gasohol, etc.) in full or abbreviated form, easily readable from the abutting streets. (3) Standard III: a. Any conditions of sale to obtain motor vehicle fuel for a discounted cash price shall be prominently displayed in lettering at least six (6) inches tall, for each kind of motor vehicle fuel available for sale on the sign as a "cash only" price. The "cash only" designation shall be positioned adjacent to the discounted price for each type of motor vehicle fuel sold at the discounted price. b. The size of the discounted price sign shall conform to the requirements in Standards I and II (at least six (6) inches tall). Such sign shall be clearly visible and legible to motorists of approaching motor vehicles on the abutting streets. c. The sign(s) shall be kept free from vegetation or other obstructions that may block the view of the advertised price on the sign from the adjacent street or roadway or otherwise camouflage the motor fuel pricing. d. Any person engaging in the retail sales of motor vehicle fuel found to be in violation of this Section of the Palm Beach Code shall be required to pay to Palm Beach County a civil penalty of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for each repeat violation. e. Persons that engage in the retail sales of motor vehicle fuel to the general public shall have one (1) year from the effective date of this ordinance to come into compliance with signage requirements pertaining to maximum prices per gallon. During the one-year period, if a person engaging in the retail sale of motor vehicle fuel to the general public offers a cash discount, they shall place a sign at the pump indicating the type of fuel available from the discounted price. (Ord. No. 2014-005) Sec. 17-8. Refueling assistance for persons with disabilities. (a) Purpose. (1) It is declared by the board of county commissioners that, in order to provide for and safeguard the life, safety, property, and welfare of the people, the regulation of business enterprises engaged in the business of selling gasoline at gasoline stations is a matter affecting the public interest, and any person desiring to conduct such business enterprise shall be required to obey the regulations as hereinafter provided. (2) The purpose of this section is to provide a uniform system for the regulation of business enterprises which are engaged in or which intend to engage in the business of selling gasoline at a gasoline station. (b) Definitions. For the purposes of this section, the following definitions shall apply: Board shall mean the Board of County Commissioners of Palm Beach County, Florida. Complainant shall mean any individual who witnesses or who is subjected to conduct which violates this section and who files a written complaint with the division stating the information required by this section. County administrator shall mean the chief executive officer and head of the administrative branch of county government as provided in Article III of the Charter of Palm Beach County. Director shall mean the director or manager of the Palm Beach County Consumer Affairs Division. Division shall mean the Palm Beach County Consumer Affairs Division, or any selected county agency. Gasoline dispensing area shall mean the area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. Gasoline station retailer shall mean: (1) Any full-service gasoline station; or (2) Any self-service gasoline station that has two (2) of more attendants on duty at any given time during the hours the station is open for business to the public. Person(s) with disability(ies) shall mean any natural person who: Palm Beach County Ordinances 99 (1) Has been issued and is operating any motor vehicle properly displaying an exemption parking permit as provided in F.S. § 316.1958, or § 320.0848, or a license plate issued pursuant to F.S. § 320.084, § 320.0842, § 320.0843, or § 320.0845; or (2) Is operating any motor vehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, for use by a person who has a disability or whose vehicle is displaying the Florida Toll Exemption permit. Self-service gasoline station shall mean that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. (c) Accessibility requirements. (1) Attendants at all gasoline station retailers shall at all times be able to communicate with persons requiring assistance. (2) Self-service gasoline station retailers with two (2) or more attendants on duty shall require an attendant to provide refueling assistance to persons with Disabilities when such service is requested. (3) Gasoline station retailers shall be required to prominently display a sign, decal, or sticker, no smaller than fifteen (15) square inches (three (3) inches in height by five (5) inches in length), on the front of all gasoline pumps clearly stating the telephone number of that gasoline station retailer, as well as the existence of the international symbol of accessibility ("ISA"), and wording such as "Call for Assistance" or "Assistance Available upon Request." The sign, decal, or sticker must also be on a blue background. The telephone number indicated on the sign, decal, or sticker shall be operational and answered directly by an attendant on duty during the hours the gasoline station retailer is open for business to the public. (4) In the event that assistance is requested during times when a second attendant is not present at a self-service gasoline station, the gasoline station retailer is not required to provide the requested assistance. In such instances, the attendant on duty shall inform the person who requested assistance that the attendant is not able to provide such assistance because there is only one (1) attendant on duty. (d) Prohibited conduct. It shall be a violation of the County Code for a gasoline station retailer to: (1) Fail or refuse to prominently display a sign, decal, or sticker, on the front of all gasoline pumps, which meets the requirements of the Code; or (2) Fail to ensure that the telephone number, indicated on the sign, decal, or sticker is operational and answered by an attendant on duty during the hours the gasoline station retailer is open for business to the public; or (3) Fail to provide refueling assistance to a person with disabilities when such assistance is requested and when more than one (1) attendant is on duty. (e) Filing of complaints. (1) Any person who witnesses, or who is subjected to, conduct that violates the County Code may file a written complaint with the division. (2) The complaint must be in writing and shall contain the following information: a. Name and address of the gasoline station retailer alleged to have committed the violation; and b. Date of the alleged violation; and c. General statement of the facts of the alleged violation; and d. Such other information required by the division. (f) Enforcement and penalties. (1) It shall be the duty of the division to enforce this provision of the Code. (2) The division shall receive, review, and when appropriate, investigate, complaints of violations of this provision of the Code. (3) The division shall maintain a system by which violators are given written notice of all violations. Division personnel shall be permitted to enter the business premises of gasoline station retailers to ascertain compliance with this provision of the Code. If division personnel are refused entry or access to the business premises, the division shall obtain an inspection warrant pursuant to Florida law in order to ascertain compliance with this provision of the Code. (4) Any gasoline station retailer found to be in violation of this provision of the Code shall be required to pay to Palm Beach County a civil penalty of two hundred fifty dollars ($250.00) for the first violation and five hundred dollars ($500.00) for each repeat violation. (g) Scope. This section shall be applicable in both the unincorporated and incorporated areas of Palm Beach County, except that this section shall not apply in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matter. (Ord. No. 2012-029) Sec. 17-16. Definitions. The following terms and phrases when used Palm Beach County Ordinances 100 in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business profession and occupation does not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in this state, which institutions are more particularly defined and limited as follows: (1) Religious institutions means churches and ecclesiastical or denominational organizations or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries. (2) Educational institutions means state tax-supported or parochial, church and nonprofit private schools, colleges or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Secondary Schools, Department of Education or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption. (3) Charitable institutions means only nonprofit corporations operating physical facilities in the state at which are provided charitable services, a reasonable percentage of which shall be without cost to those unable to pay. Classification means the method by which a business or group of businesses is identified by size or type, or both. Collector means the tax collector for the county. Local governing authority means the governing body of the county or any incorporated municipality in the county. Local business tax means the method by which the local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It shall not mean any fees or licenses paid to any board, commission or officer for permits, registration, examination or inspection which are hereby deemed to be regulatory and in addition to and not in lieu of any local business tax imposed under the provisions of this chapter unless otherwise provided by law. Person means any individual, firm, partnership, joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver or other fiduciary and shall include the plural as well as the singular. Receipt means the document that is issued by the local governing authority which bears the words "Business Tax Receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this chapter relating to the business tax. Taxpayer means any person liable for taxes imposed under the provisions of this article, any agents required to file and pay any taxes imposed hereunder, and the heirs, successors, assignees and transferees of any such person or agent. (Ord. No. 06-060) Sec. 17-17. Business tax receipt required. No person shall engage in or manage any business, profession or occupation in the county without obtaining a receipt from the tax collector. Such receipt shall be issued to each person upon receipt of the amount provided in this article. Fees or licenses paid to any board, commission or office for permits, registration, examination, inspection or other purposes shall be deemed to be regulatory and in addition to and not in lieu of any receipt required by this article unless otherwise expressly provided by law. (Ord. No. 06-060) Sec. 17-23. Display of business tax receipt. The person obtaining a receipt shall keep the same displayed conspicuously at the place of business and in such a manner as to be open to the view of the public and subject to the inspection of all duly authorized officers of the county. Upon failure to do so he shall be subject to the payment of another business tax for engaging in or managing the business or occupation for which the receipt was obtained. (Ord. No. 06-060) Sec. 17-41. Charitable, etc., organizations; occasional sales, fund-raising. No receipt shall be required of any charitable, religious, fraternal, youth, civic, service, or other such organization when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclusively by the members thereof and when the proceeds derived from the activities are used exclusively in the charitable, religious, fraternal, youth, civic, and service activities of the organization. (Ord. No. 06-060) Sec. 17-62. Amusement devices. (a) Every person who operates for a profit Palm Beach County Ordinances 101 any game, amusement or recreational device, contrivance, or facility not otherwise licensed by some other law of the county shall pay a business tax of sixteen dollars and fifty-three cents ($16.53) on each such game, amusement or recreational device, contrivance or facility. However, no such person shall pay less than twenty-seven dollars and fifty cents ($27.50) for said receipt. (b) Any person who operates any of the above devices for profit under the sponsorship of a merchant, shopping center or merchant's association shall be taxed under this section. This receipt shall be good for one (1) location only; however, the taxpayer may return to the same location during the same tax year without obtaining an additional receipt other than for any additional devices. (Ord. No. 06-060) Sec. 17-75. Junk dealers. (a) In constructing this section, unless the context otherwise requires, the following words or phrases shall mean: (1) Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, junked, dismantled, or wrecked automobiles or parts thereof, iron, steel, and other old scrap ferrous or nonferrous material. (2) Junk dealer means any person who is not a traveling junk dealer within the purview of section 17-76 and is engaged in the business of maintaining and operating a junkyard. (3) Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills. (4) Metals means copper, brass, and bronze pipe, piping and tubing and wire which is or can be used for transmission or distribution in a utility or communicating system. (5) Scrap metal processing plant means an establishment or place of business maintaining and operating machinery and equipment used to process scrap iron, steel and other metals to specifications prescribed by, and for sale to, mills and foundries. (6) Scrap metal processor means a person maintaining and operating a scrap metal processing plant. (7) Transmission or distribution means that part of a utility or communications system which extends from the point of origin of such utility or communications system to the service entrance of the consumer or user. (b) Every person engaged in business as a scrap metal processor shall pay a business tax of one hundred fifty-seven dollars and fifty cents ($157.50). (c) Every person engaged in business as a junk dealer shall pay a business tax of one hundred ten dollars and twenty-five cents ($110.25). (d) Every person licensed as a junk dealer or scrap metal processor when purchasing any article shall keep a full and complete record of each transaction showing from whom and when each article was purchased or acquired and to whom sold and the date of such sale. Every person who pays the business tax as a junk dealer or scrap metal processor when purchasing metals shall keep the following additional information: The record shall include a sales receipt signed by the seller; and a copy of such receipt shall be given to the seller. This sales receipt shall reflect the quality and quantity of metals purchased, the seller's name and address, the license number of the seller's motor vehicle conveying the metals, and the number of the seller's drivers license. The records required to be kept by this section shall be maintained by the purchaser for a period of not less than one (1) year and shall at all times be subject to inspection by any law enforcement officer commissioned in the state. (e) Purchase of metals from minors in excess of ten dollars ($10.00) is prohibited. (Ord. No. 06-060) Sec. 17-127. Definitions and exceptions. (a) Secondhand dealer means any person, corporation, or other business organization or entity which is not a secondary metals recycler subject to Florida Statutes, ch. 538, Part II, nor a pawnbroker licensed under the Florida Pawnbroking Act, Florida Statutes, ch. 539, and which is engaged in the business of purchasing, consigning or pawning secondhand goods. Except as provided in subsection (1) herein, all references to the term shall also be a reference to the terms "precious metals dealer," "jewelers," "garage sale operator," "secondhand store," "consignment shop" and "pawnbroker." (b) Precious metals dealer means a secondhand dealer who normally or regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another. (c) Pawnbroker means any person, corporation or other business organization or Palm Beach County Ordinances 102 entity which is regularly engaged in the business of making pawns, but does not include a financial institution as defined in Florida Statutes, § 655.005, nor a pawnbroker licensed under the Florida Pawnbroking Act, Florida Statutes, ch. 539, or any person who regularly loans money or any other thing of value on stocks, bonds, or other securities. (d) Pawn means either of the following transactions: (1) Loan of money: A written or oral bailment of personal property as security for an engagement or debt, redeemable on certain terms and with the implied power of sale on default. (2) Buy-sell agreement: An agreement whereby a purchaser agrees to hold property for a specified period of time to allow the seller the exclusive right to repurchase the property. A buy-sell agreement is not a loan of money. (e) Secondhand store means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer, or conducts business, including pawnshops. (f) Consignment shop means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party. (g) Secondhand goods means personal property previously owned or used, which is not regulated metals property regulated under Florida Statutes, ch. 538, Part II, and which is purchased, consigned or pawned as used property. Such secondhand goods shall be limited to watches; diamonds, gems, and other precious stones; fishing rods, reels and tackle; audio and video electronic equipment, including television sets, compact disc players, radios, amplifiers, receivers, turntables, tape recorders; videotape recorders; speakers and citizens' band radios; computer equipment; radar detectors; depth finders; trolling motors; outboard motors; sterling silver flatware and serving pieces; photographic equipment, including cameras, video and film cameras, lenses, electronic flashes, tripods, and developing equipment; microwave ovens; animal fur coats; marine equipment; video games and cartridges; power lawn and landscape equipment; office equipment such as copiers, fax machines, and postage machines, but excluding furniture; sports equipment; golf clubs; weapons, including knives, swords, and air guns; telephones, including cellular and portable; firearms; tools; calculators; musical instruments, excluding pianos and organs; lawn mowers; bicycles; typewriters; motor vehicles; gold, silver, platinum, and other precious metals, excluding coins; and jewelry, excluding costume jewelry. (h) Transaction means any purchase, consignment, or pawn of secondhand goods by a secondhand dealer. (i) Precious metals means any item containing any gold, silver, or platinum, or any combination thereof, excluding: (1) Any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts. (2) Any coin with an intrinsic value less than its numismatic value. (3) Any gold bullion coin. (4) Any gold, silver, or platinum bullion that has been assayed and is properly marked as to its weight and fineness. (5) Any coin which is mounted in a jewelry setting. (j) Pledge means pawn or buy-sell agreement. (k) Convicted; convictions means and shall include a verdict after trial, an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture or estreater of a bond when charged with a crime or ordinance violation. (l) Exceptions: This article does not apply to: (1) Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization or any schoolsponsored association or organization other than a secondary metals recycler subject to the provisions of Florida Statutes, ch. 538, Part II; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondhand dealer; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer; (5) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondhand dealer; (6) Any garage sale operator who holds garage sales less than ten (10) weekends per year; (7) Any person at antique, coin, or collectible shows or sales; (8) Any person who sells household personal property as an agent for the property owner or Palm Beach County Ordinances 103 their representative pursuant to a written agreement at that person's residence; (9) The purchase, consignment, or pawn of secondhand goods from one secondhand dealer to another secondhand dealer when the selling secondhand dealer has complied with the requirements of this article; (10) Any person accepting a secondhand good as a trade-in for a similar item of greater value; (11) Any auction business as defined in Florida Statutes, § 468.382(1); (12) Any business that is registered with the Department of Revenue for sales tax purposes as an antique dealer pursuant to Florida Statutes, ch. 212, and that purchases secondhand goods from the property owner or her or his representative at the property owner's residence pursuant to a written agreement that states the name, address, and telephone number of the property owner and the type of property purchased; (13) Any person purchasing, consigning, or pawning secondhand goods ordered by mail, computer-assisted shopping, media-assisted, media-facilitated, or media-solicited shopping or shopping by other means of media communication, including, but not limited to, direct mail advertising, unsolicited distribution of catalogs, television, radio, or other electronic media, telephone, magazine, or newspaper advertising, so long as such person is in this state at the time of the order; (14) A motor vehicle dealer as defined in Florida Statutes § 320.27. (m)The provisions of this article do apply to any person purchasing, consigning, or pawning secondhand goods at a flea market regardless of whether at a temporary or permanent business location at the flea market. (Ord. No. 01-002) Sec. 17-128. Records of transaction. (a) Secondhand dealers shall keep, on the premises, a record of all transactions of secondhand goods by completing the form required by F.S. Ch. 538 and Ch. 539, whichever is applicable. Within twenty-four (24) hours of the acquisition of any secondhand goods by purchase, or pledge as security for a loan, a second hand dealer shall deliver to the sheriffs office for the municipal police department in the municipality where the premises are located a copy of the transaction on the designated form. Such record shall contain: (1) a. The time, date, and place of the transaction. b. A complete and accurate description of the goods acquired, including any serial numbers, manufacturer's numbers, or other identifying marks or characteristics. c A description of the person from whom the goods were acquired, including: 1. Full name, address, workplace, and home and work telephone numbers. 2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. 3. A legible right thumbprint of the person from whom the item is acquired to be affixed to all forms delivered to the sheriff's office. d. Any other information required by the form. (2) The secondhand dealer shall require verification of the identification of persons from whom secondhand goods are being obtained by requiring the exhibition of a federal, state, or local government-issued photographic identification card such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. (3) The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is empowered to sell, pledge, or otherwise dispose of the goods. (Ord. No. 2011-018) Sec. 17-129. Retention of records. Each secondhand dealer shall maintain transaction records for a period of five (5) years following the date of any purchase or acquisition of any secondhand goods. (Ord. No. 01-002) Sec. 17-130. Inspection of records and premises. (a) The premises and required records of each secondhand dealer are subject to inspection during regular business hours by the sheriff's office and the municipal police department in the municipality where the premises are located to ensure compliance with the record-keeping provisions of this article for the purpose of the identification and recovery of stolen property and further to determine whether the holding period required by section 17-131 herein is being complied with. (b) The inspection authorized herein shall consist of an examination on the premises of the inventory and required records to determine whether the records and inventory are being maintained on the premises as required by this article and whether the holding period required by section 17-131 Palm Beach County Ordinances 104 herein is being complied with. (Ord. No. 01002) Sec. 17-131. Holding period (sale transactions). (a) In accordance with F.S. § 538.06, a secondhand dealer shall not sell, barter, exchange, alter, adulterate or in any way dispose of any secondhand goods within fifteen (15) calendar days of the acquisition of the goods. Such holding periods are not applicable when the person, known by the secondhand dealer to be the person from whom the goods were originally acquired, desires to redeem, repurchase, or recover the goods, provided the secondhand dealer can produce the record of the original transaction with verification that the customer is the person from whom the goods were originally acquired and provided that upon redemption the secondhand dealer's record reflects the signature of the redeemer and the date and time of the redemption. (b) Upon probable cause that goods held by a secondhand dealer are stolen, a law enforcement officer may extend the holding period to a maximum of ninety (90) days beyond the expiration of the holding period required in subsection (a) of this section and F.S. § 538.06(1). However, the holding period may be extended beyond ninety (90) days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding is necessary for the purposes of trial or to safeguard such property. The secondhand dealer shall assume all responsibility, civil or criminal, relative to the property or evidence in question, including responsibility for the actions of any employee with respect thereto. (c) Upon confirmation that goods are stolen, a law enforcement officer with jurisdiction may seize the property and process same accordingly. (d) A secondhand dealer must maintain actual physical possession of all secondhand goods throughout a transaction. It is unlawful for a secondhand dealer to accept title or any other form of security in secondhand goods in lieu of actual physical possession. A secondhand dealer who accepts title or any other form of security in secondhand goods in lieu of actual physical possession commits a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082 or 775.083. (Ord. No. 2011-018) Sec. 17-132. Duty to report. It shall be the duty of every secondhand dealer to report to a law enforcement officer with jurisdiction any article pledged, or sought to be pledged, if the secondhand dealer has reason to believe that the article was either stolen or found by the person attempting to pledge it, in the case of a lost article. (Ord. No. 01-002) Sec. 17-133. Stolen goods; petition for return. (a) If the secondhand dealer contests the identification or ownership of the property, the person alleging ownership of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form: Plaintiff A.B., sues defendant C.D., and alleges: 1This is an action to recover possession of personal property in Palm Beach County, Florida. 2The description of the property is: (list property) __. To the best of plaintiff's knowledge, information, and belief, the value of the property is $___. 3Plaintiff is entitled to the possession of the property under a security, agreement dated __, (year) __, a copy of which is attached. 4. To plaintiff's best knowledge, information, and belief, the property is located at (address) ___. 5The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession). To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons). 6The property has not been taken under an execution or attachment against plaintiff's property. (b) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney's fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff. (c) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt of a petition for a writ by a secondhand dealer, the dealer shall hold the property at issue until the court determines the respective interests of the parties. (d) In addition to the civil petition for return remedy, the state may file a motion as part of a pending criminal case related to the Palm Beach County Ordinances 105 property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order any appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case. (e) When the lawful owner recovers stolen property from a secondhand dealer and the person who sold or pledged the stolen property to the secondhand dealer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make restitution to the secondhand dealer pursuant to Florida Statutes, § 775.089. (Ord. No. 01-002) Sec. 17-134. Certain acts and practices prohibited. It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts: (1) Knowingly make a transaction with: a. Any person who is under the influence of drugs or alcohol when such condition is visible or apparent; b. Any person under the age of eighteen (18) years; or c. Any person using a name other than his or her own name or the registered name of his or her business. (2) Purchase or accept as collateral or security, or otherwise acquire secondhand goods where the manufacturer's serial number or other forms of identification placed on the goods by the manufacturer has been removed, erased, defaced, or otherwise altered. (3) Have a secondhand store open or engage in or conduct business as a secondhand dealer between the hours of 10:00 p.m. and 8:00 a.m. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device such as a walk-up window. (4) Refuse, deny, or interfere with the lawful inspection, by any law enforcement officer authorized, and designated pursuant to section 17-130 herein, of the records required to be kept by this article. (5) Carry on the business of a secondhand dealer without a valid county and municipal occupational license, to the extent required, and a valid county secondhand dealer permit as set forth in section 17-135 herein. (6) Fail or neglect to comply with any applicable provision of this article. (Ord. No. 01-002) Sec. 17-136. Secondhand dealers; disposal of property. (a) Any personal property pawned with a pawnbroker, whether the pawn is a loan of money or a buy-sell agreement, is subject to sale or disposal if the pawn is a loan of money and the property has not been redeemed or there has been no payment on account made for a period of ninety (90) days, or if the pawn is a buy-sell agreement and the property has not been repurchased from the pawnbroker or there has been no payment made on account within sixty (60) days. (b) Every pawn ticket and receipt for such pawn shall have printed thereon notice of the provisions of subsection (a) herein, notice of sale or disposal, notice of intention to sell or dispose of the property without further notice, and consent to sale or disposal. Any such sale or disposal shall terminate all liability of the pawnbroker and shall vest in the purchaser the right, title, and interest of the seller or borrower and the pawnbroker. (c) When dealing with firearms, pawnbrokers shall comply with the holding periods in F.S. § 539.001. (Ord. No. 2011-018) Sec. 17-147. Definitions. In this article, unless the context suggests otherwise, [the following terms are defined]: (1) Adult arcade: Any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this article, "Adult arcade" is included within the definition of "adult theater." (2) Adult bookstore/adult video store: An establishment which sells, offers for sale or rents adult material for commercial gain and which meets either of the following two criteria: a. More than thirty (30) percent of the gross public floor area is devoted to adult material; or b. More than thirty (30) percent of the stock in trade consists of adult material. (3) Adult booth: A small enclosed or partitioned area inside an adult entertainment establishment which is: a. Designed or used for the viewing of adult material by one (1) or more persons; and b. Is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes but is not limited to a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the Palm Beach County Ordinances 106 establishment, or a restroom. (4) Adult dancing establishment: An establishment, including an establishment selling, serving or allowing consumption of alcoholic beverages, where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing. (5) Adult entertainment establishment: a. Any adult arcade, adult theater, adult bookstore/adult video store, adult motel or adult dancing establishment; or any other establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to massage establishments, whether or not licensed pursuant to Chapter 480, Florida Statutes, tanning salons, modeling studios, or lingerie studios. b. Excluded from this definition are any educational institutions where the exposure of specified anatomical areas is associated with a curriculum or program. c. An establishment that possesses an adult entertainment license is presumed to be an adult entertainment establishment. (6) Adult material: Any one (1) or more of the following, regardless of whether it is new or used: a. Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations; recordings, other audio matter; and novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or b. Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities. (7) Adult motel: A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions. (8) Adult theater: An establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of adult material. "Adult motels," "adult arcade," "adult booth" and "adult motion picture theater" are included within the definition of "adult theater." An establishment which has "adult booths" is considered to be an "adult theater." (9) Adult video store: See "Adult bookstore." (10) Alcoholic beverage: A beverage containing more than one (1) percent of alcohol by weight, including but not limited to beer and wine. a. It shall be prima facie evidence that a beverage is an alcoholic beverage if proof exists: 1. The beverage in question was or is known as whiskey, moonshine whiskey, shine, rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer, malt liquor, or by any other similar name or names; or 2. The beverage was contained in a bottle or can labeled as any of the above names, or a name similar thereto, and the bottle or can bears the manufacturer's insignia, name or trademark. b. Any person who, by experience in the handling of alcoholic beverages, or who by taste, smell/or drinking of such alcoholic beverages has knowledge of the alcoholic nature thereof, may testify as to his opinion about whether such beverage is an alcoholic beverage. (11) Board: The board of county commissioners of Palm Beach County, Florida. (12) Code: The adult entertainment code. (13) Commercial gain: Operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For the purpose of this code, operation for commercial or pecuniary gain shall not depend on actual profit or loss. (14) Commercial establishment: Any business, location or place which conducts or allows to be conducted on its premises any activity for commercial gain. (15) Conviction: A determination of guilt resulting from plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended. (16) Department: The fire department, health department, sheriff, or the zoning and building divisions of the planning, zoning and building department, including the respective directors, employees, and agents thereof. (17) Educational institution: A premises or site upon which there is an institution of Palm Beach County Ordinances 107 learning, whether public or private, which conducts regular classes and/or courses of study required for accreditation by or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Independent Schools. The term "educational institution" includes a premises or site upon which there is a day care center, nursery school, kindergarten, elementary school, junior high school, senior high school; professional institution or an institution of higher education, including a community college, junior college, or four-year college or university; libraries, art galleries and museums open to the public; or any special institution of learning. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution operated for commercial gain. (18) Employee: Any person who works in an adult entertainment establishment, irrespective of whether the person is paid a salary or wage by the owner or manager of the premises. "Employee" shall also include any person who pays any form of consideration to an owner or manager of an adult entertainment establishment for the privilege to work within the establishment. An employee does not include a person on the premises of an adult entertainment establishment for the purpose of repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises. (19) Establishment: The site or premises on which the adult entertainment establishment is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain. (20) Featured performer: A person who does not perform at an adult entertainment establishment on a routine or regular basis and who is advertised as a "guest," "featured," or other such performer. (21) Inspector: A respective employee of the county sheriff's department; county public health unit; county planning, zoning and building department; or officers of the county fire-rescue department, who are authorized pursuant to this code to inspect licensed premises. (22) Lap dance, also known as a "straddle dance," "face dance," or "flash dance," means the use by an employee, whether clothed or partially or totally nude, of any part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee by a person while at the establishment. It shall be a "lap dance" regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a "lap dance" regardless of whether the "touch" or "touching" is direct or through a medium. (23) Licensed premises: See "Establishment." (24) Licensee: Any person whose application for an adult entertainment establishment has been granted and who totally or partially owns, operates or controls the establishment. (25) Occupational licensing department means the occupational licensing department within the county tax collector's office, a separate constitutional office from the county commission. (26) Operator: Any person who engages or participates in any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor. (27) Performer: An employee, agent or independent contractor of an adult entertainment establishment who exposes his or her specified anatomical areas within said establishment. (28) Person includes, but is not limited to, an individual(s), firm(s), association(s), joint venture(s), partnership(s), estate(s), trust(s), business trust(s), syndicate(s), fiduciary(s), corporation(s), and all other or any other similar entity. (29) Principal stockholder: Any person, as defined in subsection (23) above, who owns or controls, legally or beneficially, ten (10) percent or more of a corporation's capital stock and is involved in the establishment's daily business operations, and includes the officers and directors. If no stockholder of a corporation owns or controls, legally or beneficially, at least ten (10) percent of the capital stock, all stockholders shall be considered principal stockholders if they are involved in the establishment's daily business operations. And, if a corporation is registered with the Securities and Exchange Commission, or pursuant to chapter 517, Florida Statutes (1987), and its stock is for sale to the general public, it shall not be considered to have any principal Palm Beach County Ordinances 108 stockholders. (30) Private performance: The display or exposure of any specified anatomical area by an employee at an adult entertainment establishment to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is in an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment. (31) Public safety department: The Palm Beach County Public Safety Department. (32) Specified anatomical areas: a. Less than completely and opaquely covered: 1. Human genitals and pubic region; or 2. The opening between the human buttocks, i.e. the anal cleft; or 3. That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola; this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (33) Specified criminal act: a. A criminal violation of this code; or b. Any felony; or c. An offense under chapter 794, Florida Statutes (Sexual Battery); or, d. An offense under chapter 796, Florida Statutes (Prostitution); or e. An offense under chapter 800, Florida Statutes (Lewdness; Indecent Exposure); or f.An offense under chapter 826, Florida Statutes (Bigamy; Incest); or g. An offense under chapter 847, Florida Statutes (Obscene Literature; Profanity); or h. An offense under chapter 831, Florida Statutes (Forgery; Counterfeiting); or i. An offense under chapter 837, Florida Statutes (Perjury); or j. An offense under chapter 843, Florida Statutes (Obstructing Justice); or k. An offense under chapter 849, Florida Statutes (Gambling); or l. An offense under chapter 893, Florida Statutes (Drug Abuse Prevention and Control); or m. An offense under chapter 895, Florida Statutes (Racketeering; Illegal Debts); or n. An offense under chapter 896, Florida Statutes (Offenses Related to Financial Transactions); or o. An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or city. (34) Specified criminal offense means: a. A conviction under section 60.05, Florida Statutes (Nuisance Abatement); or b. A conviction under section 480.043, section 480.046, section 480.047, section 480.048 or section 480.049 (Florida Statutes), or subsequent regulation; or, c. A conviction under chapter 561 (Beverage Law; Administration) or chapter 562 (Beverage; Enforcement), Florida Statutes; or d. A judgment against or conviction under chapter 823 (Public Nuisances), Florida Statutes. (35) Specified sexual activities means: a. Human genitals in a state of sexual stimulation, arousal or tumescence; or b. Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or c. Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or d. Excretory functions as part of or in connection with any of the activities set forth in subsections a through [and] b. (36) Work identification card: An identification card issued by the public safety department to a performer in an adult entertainment establishment. (Ord. No. 04-046) Sec. 17-182. Prohibitions at establishments allowing alcoholic beverages. (a) Prohibition. (1) No person or employee shall expose to public view his or her human genitals, pubic region, or opening between the human buttocks, i.e. the anal cleft, or any simulation thereof in any establishment selling, serving or allowing the consumption of alcoholic beverages. (2) No person maintaining, owning or operating an establishment serving alcoholic beverages shall suffer or permit any person or Palm Beach County Ordinances 109 employee to expose to public view his or her human genitals, pubic region, or opening between the human buttocks, i.e. the anal cleft, or any simulation thereof within the establishment selling, serving or allowing the consumption of alcoholic beverages. (3) No person or employee shall engage in a private performance as defined in section 17-147(26) and regulated in section 17-183(b)(2) in any establishment selling, serving or allowing the consumption of alcoholic beverages. (4) No person maintaining, owning or operating an establishment serving alcoholic beverages shall suffer or permit any person or employee to engage in a private performance as defined in section 17-147(26) and regulated in section 17-183(b)(2), within any establishment, selling, serving or allowing the consumption of alcoholic beverages. (5) No person or employee anywhere in an establishment selling, serving or allowing consumption of alcoholic beverages, shall display specified anatomical areas except on a stage as described in section 17-183(b)(1), or on a portable platform a minimum of eight (8) inches and a maximum of twelve (12) inches in height and a minimum of eighteen (18) inches in diameter. The height of a platform where a person displays specified anatomical areas shall be measured from the surface upon which patrons view the performance. In no event shall the patron be permitted to occupy the stage or platform where a person displays specified anatomical areas while a person displays specified anatomical areas. (6) No person maintaining, owning or operating an establishment selling, serving, or allowing consumption of alcoholic beverages, shall suffer or permit any person to expose specified anatomical areas within the establishment except on a stage as described in section 17-183(b)(1) and on a portable platform a minimum of eight (8) inches and a maximum of twelve (12) inches in height and a minimum of eighteen (18) inches in diameter. The height of a platform where a person displays specified anatomical areas shall be measured from the surface upon which patrons view the performance. In no event shall the patron be permitted to occupy the stage or platform where a person displays specified anatomical areas while a person displays specified anatomical areas. (7) Employees and operators of an adult entertainment establishment selling, serving, or allowing consumption of alcoholic beverages, shall not engage in any outdoor activity at the adult entertainment establishment which advertises, promotes, or encourages attendance at the adult entertainment establishment if such activity is visible outside the premises of the establishment. (8) No person or employee shall engage in a lap dance anywhere in an adult entertainment establishment selling, serving, or allowing consumption of alcoholic beverages. (9) No person maintaining, owning or operating an adult entertainment establishment selling, serving, or allowing consumption of alcoholic beverages, shall suffer or permit any person to engage in a lap dance within the establishment. (10) No person or employee in an establishment selling, serving, or allowing consumption of alcoholic beverages, shall display specified anatomical areas, or any simulation thereof, unless such establishment has a valid adult entertainment license issued pursuant to this code. (11) No person maintaining, owning or operating an establishment selling, serving, or allowing consumption of alcoholic beverages shall suffer or permit any person or employee to display specified anatomical areas, or any simulation thereof, unless such establishment has a valid adult entertainment license issued pursuant to this code. (Ord. No. 91-51) Sec. 17-183. Supplementary requirements. (a) Adult theater. In addition to the general requirements for an adult entertainment establishment contained in sections 17-183 and 17-184 above, an adult theater shall, regardless of whether it is licensed, observe the following special requirements: (1) If the adult theater contains a hall or auditorium area, the area shall comply with each of the following provisions: a. Have individual or separate seats, not couches, benches, beds or the like, to accommodate the maximum number of persons who may occupy the area; and b. Have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; and c. Have a sign posted in a conspicuous place at or near each entrance way to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and d. Post an AIDS Crisis Sign on the side of the door which opens and allows patrons to Palm Beach County Ordinances 110 enter the theater. (2) If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions: a. Have a sign posted in a conspicuous place at or near the entrance way which states that only one (1) person may occupy the booth; and b. Have a permanently open entrance way for each booth not less than two (2) feet eight (8) inches wide and not less than seven (7) feet high, which will never be closed or partially closed by any curtain, door or other partition which would be capable of wholly or partially obscuring any person situated in the booth; no curtains, doors or other partitions shall be affixed, attached or connected to the permanently open entrance way of any booth; and c. Have one (1) individual seat, not a couch, bench or the like; and d. Have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; and e. Have, except for the open entrance way for each, for each booth walls or partitions of solid construction without any holes or openings in such walls or partitions; and f.Post an AIDS Crisis Sign at the open entrance way to the adult booths; and g. Provide and display to the public, at a place near the main entrance of the establishment, any information, brochures or pamphlets supplied by the county public health unit, that deal with AIDS or communicable diseases. (3) If the adult theater is designed to permit outdoor viewing by a person(s) seated in automobiles, it shall have the motion picture screen so situated and the perimeter of the establishment so fenced or screened, that the adult material to be seen by those persons may not be seen from any public right-of-way or from surrounding properties. (b) Adult dancing establishment. In addition to the general requirements for an adult entertainment establishment contained in sections 17-181 and 17-182 above, an adult dancing establishment shall, regardless of whether it is licensed, observe the following special requirements: (1) A stage for the display or exposure of specified anatomical areas by any employee shall consist of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; and (2) Any area in which a private performance occurs shall: a. Have a permanently open entrance way not less than seven (7) feet wide and not less than seven (7) feet high, which entrance way will never be closed or partially closed by any curtain, door or other partition which would be capable of wholly or partially obscuring any person situated in the area; and b. Have a wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings which partition may be completely or partially transparent and which partition separates the employee from the person viewing the display; and c. Have, except for the entrance way, walls or partitions of solid construction without any holes or openings in such walls or partitions. (3) In adult entertainment establishments which do not sell, serve or allow the consumption of alcoholic beverages, the exposure by any employee of human genitals, pubic region or opening between the human buttocks, i.e. the anal cleft, or any simulation, thereof, to public view shall be restricted to the stage required in subsection (b)(1) above and areas for private performances as specified in subsection (b)(2) above. Nonemployees or patrons shall not be permitted closer than four (4) feet to the stage edge when any employees expose those anatomical areas listed in this subsection. (Ord. No. 91-51) Sec. 17-191. Operation of establishment without valid adult entertainment license. It shall be unlawful for any person to operate or participate in the operation of an adult entertainment establishment when the person knows or should know: (1) That the establishment does not have an adult entertainment license for the applicable classification, except as stated in section 17166; or (2) The application for a license pursuant to section 17-166 has been denied or was not issued prior to October 1, 1989; or (3) That the establishment has a license which is under suspension; or (4) That the establishment has a license which has been revoked or canceled; or, (5) That the establishment has a license which has expired. (Ord. No. 88-31) Sec. 17-192. Violations of article. (a) It shall be unlawful for any person to be Palm Beach County Ordinances 111 an operator of an adult entertainment establishment which does not satisfy all of the general requirements of division 3 of this article. (b) It shall be unlawful for any person to be an operator of an adult theater which does not satisfy all of the special requirements of section 17-183. (c) It shall be unlawful for any person to be an operator of an adult dancing establishment which does not satisfy all of the special requirements of section 17-183. (Ord. No. 8831) Sec. 17-193. Allowing employee to engage in prohibited acts. It shall be unlawful for an operator of an adult entertainment establishment, regardless of whether it is licensed under this code, to knowingly or with reason to know, permit, suffer or allow any employee: (1) To engage in a lap dance with a person at the establishment; or (2) To contract or otherwise agree with a person to engage in a lap dance with a person at the establishment; or (3) Contract or otherwise agree with a person to engage in any specified sexual activity at the establishment; or (4) To display or expose any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee; or (5) To allow any person, excluding another employee, to touch any portion of the clothed or unclothed body of the employee below the neck and above the knee, excluding that part of the employee's arm below the wrist, commonly referred to as the hand; or (6) To engage in a private performance unless such employee is in an area which complies with the special requirements of division 3; or (7) To intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand. (Ord. No. 88-31) Sec. 17-194. Advertising prohibited activity. It shall be unlawful for an operator of an adult entertainment establishment, regardless of whether it is licensed under this code, to advertise the presentation of any activity prohibited by any applicable state statute or local ordinance. (Ord. No. 88-31) Sec. 17-196. Minors prohibited. It shall be unlawful for an operator of an adult entertainment establishment, regardless of whether it is licensed under this code, to knowingly, or with reason to know, permit, suffer or allow: (1) Admittance to the establishment of a person under eighteen (18) years of age; or (2) A person under eighteen (18) years of age to remain at the establishment; or (3) A person under eighteen (18) years of age to purchase goods or services at the establishment; or (4) A person to work at the establishment as an employee who is under eighteen (18) years of age. (Ord. No. 88-31) Sec. 17-197. Working at establishment which does not have valid adult entertainment license. It shall be unlawful for any person to work in an adult entertainment establishment that he or she knows or should know is not licensed under this code, except under the provisions of section 17-166, or which has a license which is under suspension, has been revoked or canceled, or has expired. (Ord. No. 88-31) Sec. 17-198. Engaging in prohibited activity. It shall be unlawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this code: (1) To engage in a lap dance with a person at the establishment; (2) To contract or otherwise agree with a person to engage in a lap dance with a person at the establishment; or (3) To engage in any specified sexual activity at the establishment; or (4) To engage in the display pr exposure of any specified anatomical area while simulating any specified sexual activity with any other person at the establishment, including with another employee; or (5) To engage in a private performance unless such employee is in an area which complies with the special requirements set forth in section 17-183(b)(2); (6) To intentionally touch, while exposing specified anatomical areas, the clothed or unclothed body of any person at the adult entertainment establishment, excluding another employee, at any point below the neck and above the knee of the person, excluding that part of the person's arm below the wrist, commonly referred to as the hand; Palm Beach County Ordinances 112 or (7) To allow any person, excluding another employee, to touch any portion of the body of the employee exposing specified anatomical areas below the neck and above the knee, excluding that part of the employee's arm below the wrist, commonly referred to as the hand; and excluding touching the lower half of the thigh for the purpose of placing tips in a garter. (Ord. No. 91-51) Sec. 17-199. Touching of employee by nonemployee. It shall be unlawful for any person in an adult entertainment establishment, other than another employee, to intentionally touch the unclothed or clothed body of any employee at any point below the neck and above the knee of the employee, excluding that part of the employee's arm below the wrist, commonly referred to as the hand. (Ord. No. 81-31) Sec. 17-200. Exceeding occupancy limit of adult booth. It shall be unlawful for any person(s) to exceed the occupancy restrictions for an adult booth specified in section 17-183(a). (Ord. No. 88-31) Sec. 17-201. Use of rest rooms or dressing rooms. (a) Notwithstanding any provision indicating to the contrary, it shall not be lawful for any employee of an adult entertainment establishment, regardless of whether it is licensed under this code, to expose any specified anatomical area during the employee's bona fide use of a rest room, or during the employee's bona fide use of a dressing room which is accessible only and restricted to employees. (b) The restrictions of division 3 and this division 4, including but not limited to sections 17-193, 17-198, 17-199, also apply to all rest rooms and dressing rooms. (c) Notwithstanding any provision indicating to the contrary, it shall be not deemed unlawful for any person to expose any specified anatomical area during that person's bona fide use of a rest room. (Ord. No. 88-31) Sec. 17-202. Hours of operation. (a) Except as provided in (c) below, it shall be unlawful for any operator of an adult entertainment establishment to allow such establishment to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. (b) Except as provided in (d) below, it shall be unlawful for any employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale provide a service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. (c) Any operator of an adult dancing establishment which is permitted to sell, serve or allow the consumption of alcoholic beverages, pursuant to division 3 above, may remain open for business, or to permit an employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service during the hours of operation outlined in section 3-2 of this Code. (d) Any employee of an adult dancing establishment which is permitted to sell, serve, or allow the consumption of alcoholic beverages, pursuant to section 17-182 above, may engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service during the hours of operation outlined in section 3-2 of this Code. (Ord. No. 89-8) Sec. 17-282. Definitions: For the purposes of this article, the following definitions shall apply: Accessorial (additional) services shall mean any service performed by a mover which results in a charge to the shipper and is incidental to the transportation service; including, but not limited to: valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage; packing; unpacking; or crating of articles; hoisting or lowering; waiting time; long carry (carrying articles excessive distances between the mover's vehicle and the residence); overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. Accessorial services also include services not performed by the mover but by a third party at the request of the shipper or mover, if the charges for such services are to be paid to the mover by the shipper at or prior to the time of delivery. Advertising shall mean to advise, announce, give notice of, publish, or call attention by use of oral, written, or graphic statement made in a newspaper, telephone directories or other publication or on radio or television, any electronic medium, or contained in any notice, Palm Beach County Ordinances 113 handbill, sign, including signage on the vehicle, flyer, catalog or letter, or printed on or contained in any tag or label (excluding inventory labels) attached to or accompanying any good. Broker shall mean one who acts as an agent, whether independently or on behalf of, any moving company in negotiating, providing estimates or contracting for household moving services. Commission shall mean the board of county commissioners of the county. Compensation shall mean money, fee, emolument, quid pro quo, barter, remuneration, pay, reward, indemnification, or satisfaction. Contract for service/bill of lading shall mean a written document prepared by the mover and approved by the shipper in writing, prior to the performance of any service, which authorizes services from the named mover and lists the services and all costs associated with the transportation of household goods and accessorial services to be performed on behalf of the shipper. DCA shall mean the county division of consumer affairs or any other title approved for this organization by the commission. Director shall mean the director of the county division of consumer affairs or his or her designee. Estimate shall mean a written document provided to the prospective shipper which sets forth the total cost and the basis of said costs related to a shipper's move, which shall include, but not be limited to, transportation or accessorial services. Household goods shall mean personal effects or other personal property found in a home, personal residence, storage facility, or other location, where the shipper is the owner or agent of the owner of the items. This definition includes personal property held or found in a storage or warehouse facility which is owned or rented by a shipper or his or her agent. This definition does not include freight or personal property moving to or from a factory, store, or other place of business. Inventory shall mean a detailed descriptive list of all the goods, furniture, boxes, etc. that are tendered to the mover by the shipper showing the number and condition of each item. Mover/moving company shall mean any person who engages in the transportation and/or shipment of household goods for compensation or any person, which holds himself out to the general public as engaging in the transportation and/or shipment of household goods for compensation. Person shall mean both plural and singular as the context demands and shall include individuals, partnerships, corporations, companies, trusts, societies, associations, and any other legal entities whatsoever. Shipper shall mean any person who utilizes the services of a mover for the transportation and/or shipment of household goods. This term shall include any other person whom the shipper designates in writing. Storage shall mean warehousing of the shipper's goods while under the care, custody and control of the mover. Unfair or deceptive trade acts or practices shall mean unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any consumer transaction and shall include but are not limited to the following: (1) Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have; (2) Representations that a mover or broker has a sponsorship, approval, status, affiliation or connection which he or she does not have; (3) Representations that goods are original or new if in fact they are not, or if they are deteriorated, altered, reconditioned, reclaimed, or second-hand; (4) Representations that goods are of a particular standard, brand, quality, style, or model, if they are of another; (5) Representations that goods or services are those of another, if they are not; (6) Using deceptive representations or designations of geographic origin in connection with goods or services; (7) Advertising goods or services intending not to sell them as advertised; (8) Advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity; (9) Making false or misleading statements concerning the need for, or necessity of, any goods, services, replacements, or repairs; (10) Disparaging the goods, services, or business of another by false or misleading representations of fact; (11) Making false or misleading statements of fact concerning the reasons for the existence of, or amounts of price reductions; (12) Failing to return or refund deposits or advance payments for goods not delivered or services not rendered, when no default or further obligation of persons making such deposits or advance payments exists; Palm Beach County Ordinances 114 (13) Taking consideration for goods or services intending not to deliver such goods or perform such services, or intending to deliver goods or provide services materially different from those contracted for, ordered or sold; (14) Offering gifts, prizes, free items, or other gratuities, intending not to provide them as offered in connection with the sale of goods or services to a consumer; (15) Making false or misleading statements concerning the existence, terms, or probability of any rebate, additional goods or services, commission, or discount offered as an inducement for the sale of goods or services; (16) Using physical force, threat of physical force, or coercion in dealing with consumers; (17) Any violation of the Florida Deceptive and Unfair Trade Practices Act, F.S. § 501.201 et seq. Vehicle decal shall mean a decal placed upon any moving vehicle granted approval to provide moving services by the DCA. (Ord. No. 05-007) Sec. 17-283. Intent and application. (a) The provisions of this article shall be construed liberally to promote the following policies: (1) To establish county law governing the transportation, shipment and affiliated storage of household goods. (2) To address moving practices in the county in a manner not inconsistent with federal law and the laws of this state and county relating to consumer protection. (b) The provisions of this article shall apply to the operations of any mover engaged in the intrastate transportation of household goods, except that this article shall not be construed to include shipments contracted by the United States, the state, or any local government or political subdivision thereof. The provisions of this article shall apply to all movers engaged in the transportation of household goods originating and terminating in the county except that movers whose principal place of business is located outside of the county shall not be required to obtain an operating permit or decal from the DCA. (c) It is the intent of this article to secure the satisfaction and confidence of shippers and members of the public when utilizing a mover. (d) Nothing in this article shall be construed to remove the authority or jurisdiction of any federal, state, or local agency with respect to goods or services regulated or controlled under other provisions of law or ordinance. (e) This article does not apply to an act or practice required or specifically permitted by federal or state law. (f) All advertisements placed by movers shall furnish the complete business address, telephone number, and county moving permit number of said mover. (g) The provisions of this article shall be applicable to the incorporated and unincorporated areas of the county. This article shall be effective in municipalities unless the municipality opts out or shall be effective up to the extent of conflict with the municipal ordinance. (Ord. No. 05-007) Sec. 17-285. Evidence of cargo legal liability and motor vehicle insurance coverage. (a) The minimum amounts of cargo legal liability insurance and motor vehicle insurance coverage provided by movers shall be as follows: (1) Cargo legal liability insurance coverage for loss or damage to household goods in the amount of no less than fifty thousand dollars ($50,000.00) in or on any one (1) vehicle. (2) Motor vehicle combined bodily injury and property damage liability insurance, covering all owned and hired vehicles, which shall be issued by an insurance carrier or company which is a participant in the Florida Insurance Guaranty Association and which shall be in accordance with the following: a. One hundred thousand dollars ($100,000.00) per occurrence for a commercial motor vehicle with a gross vehicle weight of less than twenty-six thousand (26,000) pounds. b. Two hundred fifty thousand dollars ($250,000.00) per occurrence for a commercial motor vehicle with a gross vehicle weight of twenty-six thousand (26,000) pounds or more, but less than forty-four thousand (44,000) pounds. c. One million dollars ($1,000,000.00) per occurrence for a commercial motor vehicle with a gross vehicle weight of forty-four (44,000) pounds or more. (b) A properly completed certificate of insurance evidencing all insurance coverages shall be made available to the DCA upon application for an operational permit. In addition, the policy shall provide an endorsement providing for thirty (30) days written notice to the DCA of any material change, expiration or cancellation of the policy. Certificates of insurance must contain the following name and address as the certificate holder: Board of County Commissioners of Palm Beach County Palm Beach County Ordinances 115 c/o Division of Consumer Affairs 50 South Military Trail, Suite 201 West Palm Beach, FL 33415 Evidence of the renewal of the policy shall be filed with the DCA prior to such policy's expiration date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result in denial, revocation or suspension of the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor conviction or other such remedies available to the DCA herein. The insurance carrier or company must qualify as an insurance company authorized to transact insurance in the state. (c) Moving companies renting or acquiring moving vehicles for short-term/temporary use must provide proof that the required minimum cargo legal liability insurance is applicable to such short-term/temporary use vehicles. (Ord. No. 05-007) Sec. 17-286. Moving vehicles signage. Each moving vehicle must clearly display on the exterior of the driver and passenger side in contrasting colors permanently affixed letters that are at least two (2) inches high for the moving company's name and permit number and at least one and one-quarter (1 1/4) inches high for the moving company's physical address and telephone number. If the short-term use of a rental vehicle by a moving company is necessary, at a minimum, the same information and requirements must be affixed to the vehicle through the use of magnetic signs. Decals used for short-term rental vehicles must be affixed to the magnetic signs. (Ord. No. 05-007) Sec. 17-287. Estimates of moving costs. (a) A mover shall provide to a prospective shipper a written estimate of the costs, which will be charged, for the transportation, and accessorial (additional) services incidental to the move of said prospective shipper's household goods. No mover shall charge for preparing an estimate unless, prior to preparing the estimate, the mover: (1) Clearly and conspicuously discloses in writing to the prospective shipper the amount of the charge for the preparation of the estimate or, if the amount cannot be determined, the complete basis upon which the charge will be calculated; and (2) Obtains the prospective shipper's written authorization to prepare an estimate. (b) It is a violation of this article for a mover to require a prospective shipper to waive his or her right to a written estimate. A prospective shipper cannot waive his or her right to a written estimate. (c) The written estimate provided to the prospective shipper shall, at a minimum, include the following: (1) The current name, telephone number, permit number and physical address, of the mover at which employees of the mover are available during normal business hours; (2) The name and address of the shipper, including the addresses at which the items are to be picked up and delivered, if known, and, if available, a telephone number where the shipper may be reached; (3) The name, telephone number, and physical address of the storage facility/warehouse where the goods will be held pending further transportation, if applicable; (4) A complete breakdown and description of all costs and services for transportation and accessorial (additional) services to be provided during the move and/or storage of household goods. The mover shall provide a total of all costs to the shipper; (5) The method of payment, subject to the provisions of section 17-293 (an alternative is to use the county household moving company disclosures form); and (6) A statement regarding the mover's limitation of liability, subject to the provisions of section 17-295 (an alternative is to use the county household moving company disclosures form): PURSUANT TO COUNTY ORDINANCE THE MOVING COMPANY IS REQUIRED TO PROVIDE YOU WITH A WRITTEN ESTIMATE OF THE TOTAL COST OF YOUR MOVE. IT IS A VIOLATION OF COUNTY ORDINANCE FOR A MOVER TO FAIL TO RELINQUISH HOUSEHOLD GOODS AND TO FAIL TO PLACE THE GOODS INSIDE YOUR DWELLING WHEN PAYMENT IS TENDERED IN THE AMOUNT SPECIFIED IN THE WRITTEN ESTIMATE. PLEASE REVIEW THIS DOCUMENT TO MAKE SURE THE ESTIMATE IS COMPLETE (d) Prior to performing any transportation or accessorial (additional) service, a copy of the estimate, signed by the mover, shall be delivered to the prospective shipper. In addition, the mover shall maintain a copy as part of its records. (e) Nothing in this article shall be construed to require a prospective shipper to enter into a contract for service with a mover based upon the issuance of an estimate. (f) The estimate and disclosure may be provided on the same form as the contract for service. (g) No mover shall provide an oral estimate to any prospective shipper without subsequently providing an estimate in written form as required by this article. If a mover Palm Beach County Ordinances 116 utilizes the services of a broker, the mover shall accept the broker's estimate. (h) It is a violation of this article to fail to comply with this section. (Ord. No. 05-007) Sec. 17-288. Contract for service/bill of lading. (a) Prior to the performance of any service by a mover on behalf of a shipper, the mover shall prepare a written contract for service which shall be approved, signed, timed and dated by the shipper (or the shipper's agent) and the mover with a copy provided to the shipper. (b) A contract for service shall clearly and conspicuously disclose, at a minimum, the following: (1) The current name, telephone number, permit number and physical address of the mover at which employees of the mover are on duty during business hours; (2) The name and address of the shipper, including the addresses at which the items are to be picked up and delivered, and, if available, a telephone number where the shipper may be reached; (3) The name, telephone number, and physical address of the storage facility/warehouse where the goods will be held pending further transportation, if applicable; (4) The agreed pickup and delivery dates, or the period of time within which pickup, delivery, or the entire move will be accomplished; (5) A complete breakdown and description of all costs and services for transportation and accessorial (additional) services to be provided during a move and/or storage of household goods. The mover shall provide a total of all costs to the shipper; (6) The method of payment, subject to the provisions of section 17-293; (7) The maximum amount required to be paid by the shipper to the mover at the time of delivery, subject to the provisions of section 17-290; (8) The name and telephone number of any other person who may authorize pickup or delivery of any items to be transported, if the shipper designates such person in writing; (9) A statement regarding the mover's limitation of liability, subject to the provisions of section 17-295; (10) A brief description of the mover's procedures for complaint handling which shall include a physical address and telephone number at which the shipper may contact the mover; and (11) If the cost for services provided is based on weight, a statement, which provides that the shipper has a right to observe any weighing before and after loading. All goods shall be weighed on a state certified scale and weight tickets shall be retained and supplied to the shipper and the DCA upon request. (Ord. No. 05-007) Sec. 17-289. Disclosure statement required. The disclosures included in this section and section 17-295 shall be provided to the shipper either in the contract for service or through the county household moving company disclosures form. The disclosures must be printed in letters of at least a twelve-point type. The household moving company disclosures must be signed by the shipper and mover prior to the signing of the contract for service. Disclosures/forms should be given to the shipper for review when the written estimate is provided. Disclosure documents must be signed by all parties before any work is performed. An executed copy shall be provided to the shipper and the original shall be kept and maintained by the mover. The disclosures required are: A. PLEASE READ CAREFULLY If you have questions or complaints unable to be resolved by the moving company, please contact the Palm Beach County Consumer Affairs Division, TELEPHONE: 561-712-6600 (Boca/Glades toll free 1-888-852-7362). Website: www.pbcgov.com/consumer (or current phone numbers and website address as may be changed from time to time). B. Contract for Service This contract for service is required and must include all of the terms and costs associated with your move. You are required to disclose all relevant information about your move to the moving company. Do not sign the contract unless it is given to you prior to wrapping, packing or loading your goods or if the total cost of your move is not clearly shown. You are entitled to a completed/signed copy of the contract. The moving company is required to deliver your goods inside your dwelling or designated area when you pay no more than the maximum amount stated in the contract. C. Form of Payment Your moving company must accept at least two of the following payment methods: ___ Cash (Includes cashier's check, money order or traveler's check) ___ Personal Check (Must show imprinted name and address) Palm Beach County Ordinances 117 ___ Credit Card (Must include but is not limited to VISA or MasterCard) D. Inventory A written inventory of your household goods is required to be prepared by the moving company at no additional charge when: 1) the move is not performed point-to-point, 2) your goods are placed in storage, 3) your goods are not delivered on the same day they were picked up or 4) more than one consumer's goods are on the same moving vehicle. The written inventory must be signed by the moving company representative and you or your designated representative. In other circumstances, you may request an inventory and the moving company may charge for preparing the inventory after clearly and conspicuously disclosing in writing the charge. E. Damage or Other Claim You have up to sixty (60) days after the completion of the delivery of your household goods to notify the moving company, in writing, of any claim for loss, damage, or delay in relation to your move. This does not limit any other legal remedy available to you. F. ALTERNATIVE DISCLOSURE FORM The DCA shall have authority to establish an alternative disclosure form(s) as long as the alternative disclosure form(s) complies with the essential elements of the disclosure requirements of this article. (Ord. No. 05-007) Sec. 17-290. Charges in excess of written estimate; unlawful charges; refusal to relinquish goods prohibited. (a) It shall be a violation of this article for a mover to fail to relinquish household goods and/or to fail to place the goods inside the shipper's dwelling when payment is tendered in the amount specified in the written estimate or contract/bill of lading. A mover shall not demand payment until the contracted shipment arrives at the destination and prior to unloading the household goods. A mover may not refuse to relinquish prescription medicines and goods for use by children, including children's furniture, clothing, or toys, under any circumstances. (b) It shall be a violation of this article for a mover to fail to relinquish to a shipper any or all of the shipper's household goods or to fail to complete in a timely manner all transportation and accessorial (additional) services required to be performed pursuant to the contract for service. Any change orders must be initialed by the shipper (c) Circumstances preventing the mover from obtaining reasonable access to the place of origin and/or destination, and for which the mover had no prior knowledge, may result in a change order/addendum to the contract. The mover shall provide a written explanation of such excess charges to the shipper along with the total cost of the additional service(s), which shall be authorized and signed by the shipper. It shall be a violation of this article to withhold delivery of household goods if payment has been made as delineated in the contract for service. (d) A mover that lawfully fails to relinquish a shipper's household goods may place the goods in storage until payment is tendered; however, the mover must notify the shipper of the location where the goods are stored and the amount due within five (5) days after receipt of a written request for that information from the shipper which request must include the address where the shipper may receive the notice. A mover may not require a prospective shipper to waive any rights or requirements under this article. (e) If a mover requires a shipper to pay a deposit, said deposit shall be disclosed in writing on the estimate and/or contract/bill of lading and in no event shall the deposit exceed twenty (20) percent of the total estimate or contract/bill of lading. A mover who accepts a deposit shall be obligated to conduct the move pursuant to the terms of the estimate and/or contract/bill of lading and shall not be permitted to broker the move. If the shipper cancels forty-eight (48) hours prior to the scheduled or proposed date of the services, the moving company shall return all deposits. (f) In the event the moving company cancels or attempts to reschedule the move, the moving company shall refund to the shipper all monies paid including but not limited to, deposits, charges for estimates, and inventory, unless the shipper agrees to reschedule the move. Nothing herein shall prevent the shipper from pursuing legal action based on the mover's failure to conduct the move. (Ord. No. 05-007) Sec. 17-291. Brokers. (a) Brokers shall comply with the terms of this article, including but not limited to section 17-287, and shall be held responsible for any violations of this article. (b) Brokers shall only utilize the services of a moving company permitted or registered to conduct household moves by the DCA and/or the state. Palm Beach County Ordinances 118 (c) A broker may provide estimates on behalf of the mover, however, the mover shall adopt the broker's estimate as a mover issued estimate and incorporate it into the contract for service and/or bill of lading for purposes of compliance with this article. (d) At least seventy-two (72) hours prior to the move, the broker shall provide written disclosure to the shipper that the move will be brokered and provide the name, physical address, phone number and contact person of the permitted/registered moving company actually performing the household move. The shipper may cancel the move at his or her discretion and the broker shall refund all monies paid. (e) A broker shall provide to a prospective shipper a written estimate of the costs, which will be charged, for the transportation, and accessorial (additional) services incidental to the move of said prospective shipper's household goods. No broker shall charge for preparing an estimate unless, prior to preparing the estimate, the broker clearly and conspicuously discloses in writing to the prospective shipper the amount of the charge for the preparation of the estimate. (f) It is a violation of this article for a broker to require a prospective shipper to waive his or her right to a written estimate. A prospective shipper cannot waive his or her right to a written estimate. (g) The written estimate provided to the prospective shipper shall, at a minimum, include the requirements from subsections 17-287(c), (d), (e), (f) and (g) of this article. (h) In the event a different mover appears on the scene other than the mover identified in the written estimate, the new mover shall be required to adhere to the same terms as defined in the written estimate and must secure the approval of the shipper in order to conduct the move. Failure of the new mover to conduct the move as defined in the written estimate is a violation of this article. (i) It is a violation of this article to fail to comply with this section. (Ord. No. 05-007) Sec. 17-292. Inventory. A written inventory of the shipper's household goods shall be prepared by the mover at no additional charge to the shipper when: (1) The move is not performed point-to-point; (2) The goods which are the subject of the move are placed in storage; (3) The goods are not delivered on the same day they were picked up; or (4) More than one (1) shipper's goods are on the moving vehicle at the same time. The written inventory shall be signed by the mover and the shipper at both the origin and destination. Under any other circumstances, the shipper may request an inventory and the mover may charge for preparing the inventory after clearly and conspicuously disclosing in writing to the shipper the amount of the charge for the preparation of the inventory. (Ord. No. 05-007) Sec. 17-293. Acceptable forms of payment. A mover shall accept a minimum of two (2) of the three (3) following forms of payment: (1) Cash, cashier's check, money order, or traveler's check; (2) Personal check, showing upon its face the name and address of the shipper or authorized representative; or (3) Credit card, which shall include but not be limited to Visa or MasterCard. A mover shall clearly and conspicuously disclose to the shipper in the contract for service and the estimate, which methods of payment the mover will accept. A mover shall not refuse to relinquish household goods to a shipper or fail to place the goods inside a shipper's dwelling based on the mover's refusal to accept an acceptable form of payment. (Ord. No. 05-007) Sec. 17-296. Records, inquiry or complaint handling; inspection. A mover shall maintain records, pertaining to any and all documents relating to moves, which shall include, but not be limited to, all estimates and contracts for services, bills of lading, inventories, disclosure forms, contract addendums, damage claims and third party insurance contracts for a period of at least three (3) years from the date of completion of performance of the contract for service. Records shall be made available for inspection and copying within one (1) business day, upon the written demand by the DCA for all moves, which occurred within the preceding twelve (12) months. Records of all moves which occurred more than twelve (12) months prior to DCA's request shall be made available for inspection and copying within five (5) business days of the mover's receipt of a written request from the DCA. (b) A mover shall establish and maintain a procedure for responding to inquiries and complaints from shippers. The procedure shall include a means whereby the shipper may communicate with the principal office of the mover by telephone. This procedure and telephone number shall be stated on the contract. (c) The mover shall retain and make part of Palm Beach County Ordinances 119 the file relating to a shipment a written record of all complaints and inquiries received from a shipper. (d) All complaints and inquiries on file with the DCA pertaining to a contract for service or a mover shall be a public record open to public inspection as required by state law. (e) It shall be unlawful for the operator of the moving vehicle to conduct a move unless the moving vehicle operator providing such service maintains in his possession the completed written estimate and signed contract for service(s). Each completed written estimate and signed contract for service(s) shall be available for inspection on demand by DCA personnel or county sheriff/municipal police officers, at any time during the period of the move. (Ord. No. 05-007) Sec. 17-299. Consumer complaints. (a) Any person aggrieved by one (1) of the following circumstances may file a written complaint with the DCA: (1) A violation of this article; (2) A mover who fails to perform any service pursuant to the terms and conditions as agreed upon in the contract for service; or (3) Any claim as described in section 17-288, which cannot be otherwise, resolved. (b) Said complaint shall include a brief statement of the allegations upon which the complaint is based. (c) Upon receipt of said complaint, the director shall take all action deemed appropriate, if any, including but not limited to: mediation; issuance of citations and/or cease and desist orders; further administrative action; requests for temporary and permanent injunctions; or dismissal of the complaint. (Ord. No. 05-007) Sec. 17-413. - Definitions. For purposes of this article, the following definitions shall apply: Board as used herein shall mean the Board of Commissioners of Palm Beach County, Florida. Structurally similar as relating to "synthetic cannabinoid herbal incense," as used herein shall mean chemical substitutions off a common chemical backbone associated with synthetic cannabinoids or synthetic cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. Ch. 893, as amended from time to time, or otherwise prohibited by federal or state law. Structurally similar as relating to "synthetic stimulant bath salts, synthetic cathinones, synthetic amphetamines and other synthetic stimulants that mimic illegal drugs," as used herein shall mean chemical substitutions off a common chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine, cocaine, 3,4-methylenedioxymethamphetamine (MDMA), 3,4-methylenedioxymethcathinone, 3,4-methylenedioxypyrovalerone (MDPV), methylmethcathinone, methoxymethcathinone, methylethcathinone, fluoromethcathinone, BZP (benzylpiperazine), fluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4-dibenzylpiperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB (Methylbenzodioxolylbu tanamine), 5-Hydroxy-alpha-methyltryptamine, 5-Hydroxy-N- methyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, 5-Methoxy-alpha-methyltryptamine, methyltryptamine, 5-Methoxy-N,N-dimethyltryptam ine, 5-Methyl-N,N-dimethyltryptamine, Tyramine (4-Hydroxyphenethylamine),5-Methoxy-N,NDiisopropyltryptamine, DiPT (N,N-Diisopropyltryptamine), DPT (N,N-Dipropyltryptamine), 4-Hydroxy-N,N-diisopropylt ryptamine, N,N-Diallyl-5-Methoxytryptamine, DOI (4-lodo-2,5-dimethoxyamphetamine), DOC (4-Chloro-2,5-dimethoxyamphetamine), 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine), 2C-T-4 (2,5-Dimethoxy-4-isoprop ylthiophenethylami ne), 2C-C (4-Chloro-2,5dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine ), 2C-T- 2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2,5-Dimethoxy-4-(n)-pr opylthiophenethylam ine), 2C-I (4-Iodo-2,5-dimethoxyphenethylamine), Butylone (beta-keto-N-methylbenzodioxolylpropylami ne), Ethcathinone, Ethylone (3,4-methylenedioxy-N-ethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl3,4-methylenedioxycathinone, N-N-Diethyl-3,4-methylenedioxycathinone, 3,4-methylenedioxy-propiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone Palm Beach County Ordinances 120 , 3,4-methylenedioxy-propiophenone-2-oxime , N-Acetyl-3,4-methylenedioxycathinone, N-Acetyl-N-Methyl-3,4-Methylenedioxycathi none, N-Acetyl-N-Ethyl-3,4Methylenedioxy cathinone, Bromomethcathinone, Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-Keto-Ethylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (beta-Keto-Methylbe nzodioxolylpentanamin e), (MDPPP) 3,4-Methylenedioxy-alpha pyrrolidinopropiophenone, (MDPBP) 3,4-Methylenedioxy-alpha pyrrolidinobutiophenone, Methoxy-alpha-pyrrolidinopropiophenone (MOPPP), Methyl-alpha-pyrrolidinohexiophenone (MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP), Fluoromethylaminobutyrophenone (FMABP), Methoxypyrrolidinobutyrophenone (MeO-PBP), Ethyl-pyrrolidinobutyrophenone (Et-PBP), 3-Methyl-4-Methoxymethcathinone (3-Me-4-MeO-MCAT), Methylethylaminobutyrophenone (Me-EABP), Methylamino-butyrophenone (MABP), Pyrrolidinopropiophe none (PPP), Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP) or related salts, isomers, and salts of isomers, listed in the controlled substance schedules in F.S. Ch. 893, as amended from time to time, or otherwise prohibited by federal or state law, as such may be amended from time to time. Synthetic cannabinoid herbal incense as used herein shall mean aromatic or non-aromatic plant material containing a synthetic drug, or to which a synthetic drug has been sprayed, applied or otherwise added that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by smoking, inhaling or other methods. Synthetic drug as used herein shall mean any chemical or mixture of chemicals, however packaged, that is structurally similar to synthetic cannabinoids or synthetic cannabinoid-mimicking compounds listed in the controlled substance schedules in F.S. Ch. 893, or otherwise prohibited by federal or state law. "Synthetic drug" also shall include any chemical or mixture of chemicals, however packaged, that mimics the effects of tetrahydrocannabinol (also known as THC), the main active ingredient found in marijuana. Packaging that indicates or implies that a product mimics the effects of marijuana, such as "fake weed" or "fake pot," shall create a presumption that the product mimics the effects of tetrahydrocannabinol. "Synthetic drug" shall not include any substance currently listed in the controlled substance schedules in F.S. Ch. 893, or otherwise prohibited by federal or state law. Synthetic stimulant bath salts as used herein shall mean any substance, whether in powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant as defined in this section or to which a synthetic stimulant has been added or applied, that can be ingested by smoking, inhaling or any other method, regardless of whether the substance is marketed as "not for the purpose of human consumption," and regardless of how the substance is labeled, including but not limited to use as bath salts, insect repellant, plant food, herbs, incense, iPod cleaner, nutrient, dietary supplement or spice. Synthetic stimulant as used in this section shall mean any chemical or mixture of chemicals, however packaged, that has a stimulant effect on the central nervous system and is structurally similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other substance listed in paragraph one (1) above, or related salts, isomers, and salts of isomers, as listed in the controlled substance schedules in F.S. Ch. 893, as amended from time to time, or otherwise prohibited by federal or state law. "Synthetic stimulant" shall also include any chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other substance listed in paragraph one (1) above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed in paragraph one (1) above, shall create a presumption that the product mimics the effects of the substance. "Synthetic stimulant" shall not include any substance currently listed in the controlled Palm Beach County Ordinances 121 substance schedules in F.S. Ch. 893, or otherwise prohibited by federal or state law, as such may be amended from time to time. (Ord. No. 2012-040, § 3, 10-30-12) Sec. 17-414. - Prohibited conduct. (a) Sale, offer for sale and purchase with intent to sell synthetic cannabinoid herbal incense or synthetic stimulant bath salts and synthetic stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or any other person to sell, offer for sale or purchase with intent to sell any synthetic cannabinoid herbal incense or any synthetic stimulant bath salts as defined in this section or any synthetic stimulants as defined in this article. (b) Public display for sale of synthetic cannabinoid herbal incense or synthetic stimulant bath salts and synthetic stimulants prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or any other person to publicly display for sale any synthetic cannabinoid herbal incense or any synthetic stimulant bath salts as defined in this section or any synthetic stimulants as defined in this article. (c) Subsequent federal or state action. If Congress or a federal agency amends federal law to include a particular substance or otherwise enacts or amends a federal law providing for criminal penalties for the prohibitions of substances set forth in this article, then upon the effective date of such enactment or amendment, the provisions of this article addressed by federal law shall no longer be deemed effective. Any violations of this article committed prior to the Congress or a federal agency enacting a federal law, as described above, may be prosecuted. If the state legislature amends the controlled substance schedules in F.S. § 893.01, to include a particular substance or otherwise enacts, or amends a state statute providing for criminal penalties for the prohibitions of substances set forth in this article, then upon the effective date of such enactment or amendment, the provisions of this article addressed by the state statute shall no longer be deemed effective. If the state attorney general, pursuant to the rulemaking authority provided in F.S. Ch. 893, adds a particular substance to the controlled substance schedules in F.S. § 893.01, then upon the effective date of such enactment or amendment, the provisions of this article addressed by the rulemaking action shall no longer be deemed effective. Any violations of this article committed prior to the state legislature enacting such a statute or the state attorney general promulgating rules may be prosecuted. (Ord. No. 2012-040, § 4, 10-30-12) Sec. 17-415. - Enforcement and penalties. (a) This article is enforceable by all means provided by law. The provisions of this article shall be enforced by the Palm Beach County Sheriff's Office. Additionally, the county may choose to enforce this article by seeking injunctive relief in the circuit court of the county against any person or business violating the provisions of this article. In any action seeking an injunction, the county shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs, and reasonable attorney fees and costs incurred at trial and on appeal. (b) Synthetic cannabinoid herbal incense, synthetic stimulant bath salts, and synthetic stimulants prohibited in this article may be seized by law enforcement officers and may be destroyed in the same manner used to destroy narcotics and contraband substances, after its use for evidentiary purposes in any judicial proceeding is no longer required. (c) Any violation of any portion of this article shall be punishable as provided by law. Any store owner, store manager, store purchasing agent or any other person who violates this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a term not to exceed sixty (60) days, or both, for each violation. Any person violating any of the provisions of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. (Ord. No. 2012-040, § 5, 10-30-12) Sec. 17-416. - Scope of article. This article shall be applicable in both the unincorporated and incorporated areas of Palm Beach County, except that this article shall not apply in any municipality that has adopted and maintains in effect ordinances or regulations governing the same matter. Chapter 18 MISCELLANEOUS PROVISIONS AND OFFENSES Sec. 18-1. Trespass, etc., in South Lake Worth Inlet. (a) There is established a restricted area composed of all of the following areas as now or hereafter existing or located: (1) The county operated sand transfer plant and its facilities at the South Lake Worth Inlet. (2) That part of the north jetty of the South Lake Worth Inlet where the sand transfer Palm Beach County Ordinances 122 plant is located and enclosed by fence; (3) The facilities of the sand transfer plant which project from it in, on, over, under or connected to land and water areas and the bridge over the inlet; (4) Within thirty (30) feet of the end of the discharge pipe and the discharge itself on and over the sand area of the beach on the south side of the south jetty of the inlet where the sand transfer plant and facilities' pipe outfall for discharge is located; (5) The water area of the Atlantic Ocean on the north side of the jetty of the inlet within seventy-five (75) feet of the sand transfer plant or the area of influence of the sand transfer plant, whichever is greater. (b) It shall be unlawful for any unauthorized person to enter, climb on, deface, swim in, wade in, snorkel in, dive in, scuba dive in, surf in, boat in or otherwise be in or on any restricted area; to litter, place fishing gear, personal belonging, or any other article in or upon any restricted area; to allow any dog, cat or other pet or animal to be or remain upon or within any restricted area; to fish in, upon or from any portion of any restricted area; or to loiter on or within any restricted area. (c) Access to the restricted area shall be authorized only for the owner and operator of the sand transfer plant and its facilities and such other persons as may be expressly authorized by the owner and operator thereof. (d) It shall be unlawful for any person: (1) To swim in the South Lake Worth Inlet; (2) To dive, jump or gain access to the waters of the inlet from any bulkhead, jetty, bridge or property abutting, over or near the inlet; or (3) To throw or cause to be projected into, on, over or across the waters of the inlet or any boats or watercraft navigating the inlet, any object, projectile or thing; unless authorized by the South Lake Worth Inlet District. (Ord. No. 87-5,) Sec. 18-2. Prohibition of lodging in the open. (a) It shall be unlawful for any person at any time to occupy, lodge, or sleep in the open on private property, in vacant lots, in or under any bridge or structure, in any railroad car, without owning the same or without permission of the owner or person entitled to possession of same. (b) It shall be unlawful for any person to occupy, lodge or sleep upon any public beach between the hours of 12:00 a.m. and 6:00 a.m., without owning the same or without permission of the owner or person entitled to possession of same. (Ord. No. 98-32) Sec. 18-3. Prohibited conduct on public transit vehicles. (a) It shall be unlawful for any person who has entered or occupies a public transit vehicle to ignite any substance when said bus is operating for public use in the county, and the county transportation authority shall provide signs within each vehicle so advising. (b) It shall be unlawful for any person to eat or drink on any public transit buses operated for public use in the county, and the county transportation authority shall provide signs within each vehicle so advising. (c) Subsections (a) and (b) do not apply if the public transit bus has been chartered by a public or private group for private purposes. (Ord. No. 79-17) Sec. 18-4. Sounding of railroad train horns, whistles. (a) It shall be unlawful for a railroad train, approaching a railroad highway crossing having train activated automatic traffic control devices, including flashing lights, bells and crossing gates, to emit an audible warning signal in advance of said intersection between the hours of 10:00 p.m. and 6:00 a.m. (b) Subsection (a) does not apply to any such intersection where the county has failed to erect traffic signs in accordance with state law announcing to motorists that railroad train horns and whistles will not be sounded during said hours. (c) The department of engineering and public works shall identify all railroad crossing intersections within the county which are signalized with train-activated automatic traffic control devices including flashing lights, bells and crossing gates. (Ord. No. 87-7) Sec. 18-6. Disruption of commercial video or audio productions. (a) No person shall intentionally engage in conduct which disrupts and infringes upon the rights of motion picture and television crews to produce a commercial film or television taping, or audio or visual recording of any kind, on a public location that has been permitted for such production. (b) Conduct that disrupts a production under section (a) includes the following: (1) Creating or causing audible interference to the recording of sound that goes beyond constitutionally protected expression; (2) Interfering with the ability of a production to achieve consistent light levels by shining or reflecting light onto a set or at a camera or by utilizing some other artificial means to adversely affect lighting; Palm Beach County Ordinances 123 (3) Interfering with the ingress or egress of production equipment or personnel; (4) The placement of any obstacles at any location where production is taking place. (c) The provisions of this section are not intended to apply to any conduct protected by federal or state law, including the right to peacefully and lawfully assemble and protest.(Ord. No. 95-17) Sec. 18-7. Solicitation and distribution on public roads. (a) Title. This section shall be entitled the "Palm Beach County Solicitation and Distribution on Public Roads Ordinance." (b) Intent. It is the intent of this section to protect the health, safety and general welfare of the citizens of Palm Beach County, to assure the free, orderly, undisrupted movement of motorized vehicles on public roads within unincorporated Palm Beach County and to provide for safety in the interest of pedestrians and occupants of motorized vehicles located on public roads within unincorporated Palm Beach County. This section is not intended to control traffic, as that term is defined in F.S. Ch. 316. This section is intended to apply evenhandedly to all persons who engage in the activities proscribed herein, regardless of their message. This section is intended to be narrowly tailored to serve the significant government interest of public safety, and to leave open ample alternative channels of displaying information, distributing goods and materials, and soliciting business and charitable contributions. (c) Definitions. Road shall include roads, streets, roadbeds, ramps, medians, traffic islands and all other ways open to travel by operators of motorized vehicles within unincorporated Palm Beach County. This definition excludes private roads and roads that are not open to motor vehicle travel. (d) Findings and determinations. The County hereby finds and determines that allowing the interaction of pedestrians and motor vehicles in close proximity is inherently dangerous on State and County roads and persons engaging in displaying information of any kind, distributing materials or goods, or soliciting business or charitable contribution on roads is hazardous to public safety, both for occupants of vehicles located on public roads and for persons engaging in such display of information, distribution of material or goods and solicitation of business or charitable contribution. The County further hereby finds and determines that the prohibitions set forth in this section are narrowly tailored to serve the significant interest of promoting and protecting the public health, safety and welfare of the citizens of Palm Beach County, and that said prohibitions leave open ample alternative channels of communication. (e) Prohibitions. (1) No person shall be upon or go upon any road for the purpose of displaying information of any kind. (2) No person shall be upon or go upon any road for the purpose of distributing materials or goods or soliciting business or charitable contributions of any kind. (3) The language in this [sub]section is not intended to apply to traffic control signage or personnel or maintenance and construction personnel engaged to perform authorized activities on roads. (f) Applicability. The provisions of this section shall embrace all public roads that are open to motor vehicle traffic within the unincorporated area of Palm Beach County, including State roads, interstate ramps and County roads and to all municipalities within Palm Beach County that elect to have the provisions of this section apply within their respective jurisdictions. (g) Penalties. (1) Pursuant to F.S. § 125.69(1), any person convicted of violating the provisions of this section shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed sixty (60) days, or by such fine and imprisonment. (2) In addition to the penalties provided by subsection (1) of this [sub]section [(g)], any violation of this section shall be subject to appropriate civil action in a court of appropriate jurisdiction. (Ord. No. 2015-025) Sec. 18-34. Sexual offender and sexual predator residence prohibition; exceptions. (a) It is unlawful for any person who has been convicted of a violation of F.S. §§ 794.011, 800.04, 827.071, or 847.0145, as may be amended from time to time, regardless of whether adjudication has been withheld, in which the victim of the offense was less than sixteen (16) years of age, to establish a permanent residence or temporary residence within one thousand (1,000) feet of any school, day care center, park, playground, or other place where children regularly congregate. This article shall also apply to any person who has been convicted Palm Beach County Ordinances 124 of a similar provision of law in any state or jurisdiction of the United States and where an offense is committed in another state or jurisdiction of the United States where the person convicted would be considered a sexual predator if that offense had been committed in the State of Florida. (b) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outermost property line of the permanent residence or temporary residence to the nearest outermost property line of a school, day care center, park, or playground. (c) Exceptions. A person residing within one thousand (1,000) feet of any school, day care center, park, or playground, does not commit a violation of this article if any of the following apply: (1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607 prior to the effective date of the ordinance from which this article is derived. (2) The sexual offender or sexual predator established the permanent residence prior to the effective date of the ordinance, provided however, that at the end of the then current rental term, in the case of a lease, the sexual offender or sexual predator shall be required to abandon that permanent residence and establish a new permanent residence at a location that is not within one thousand (1,000) feet of any school, day care center, park or playground. (3) The person was a minor when he/she committed the offense and was not convicted as an adult. (4) The person is a minor. (5) The school, park, day care center or playground within one thousand (1,000) feet of the person's permanent residence or temporary residence was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607. (Ord. No. 2014-020) Sec. 18-35. Applicability. This article shall apply in the unincorporated areas of the county only. (Ord. No. 06-012) Sec. 18-36. Enforcement. This article is enforceable by all means provided by law. The provisions of this article shall be enforced by the county sheriff's office. Additionally, the county may choose to enforce this article by seeking injunctive relief in the circuit court of the county. (Ord. No. 06-012) Sec. 18-37. Penalty. Any violation of any portion of this article shall be punishable as provided by law. A person who violates this article shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Any person violating any of the provisions of this article shall be prosecuted in the same manner as misdemeanors are prosecuted. Additionally, if the offender is supervised by the department of corrections under conditional release, the offender may be charged with a violation of his or her supervision and be returned to state custody. (Ord. No. 06-012) Sec. 18-91. Title. This article shall be titled the Palm Beach County Civil Citation for Small Quantity Marijuana Possession Ordinance. (Ord. No. 2015-048 § 12-15-15) Sec. 18-92. Applicability. This article shall be applicable within the unincorporated areas of Palm Beach County, Florida, and in all municipalities within Palm Beach County that elect to have the provisions of this article apply within their respective jurisdictions. (Ord. No. 2015-048 § 12-15-15) Sec. 18-93.Definitions. As used in this article, unless some other meaning is plainly intended: Community service means uncompensated labor for a community service agency. Community service agency means a not-for-profit corporation, community organization, charitable organization, public officer, the State or any political subdivision of the State, or any other body the purpose of which is to improve the quality of life or social welfare of the community and which agrees to accept community service from persons. Marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. This term does not include "low-THC cannabis," as defined in section 381.986, Florida Statutes (2015), if manufactured, possessed, sold, purchased, delivered, Palm Beach County Ordinances 125 distributed, or dispensed, in conformance with section 381.986, Florida Statutes. Marijuana drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana into the human body. (Ord. No. 2015-048 § 12-15-15) Sec. 18-94.Civil infraction. The following State law misdemeanor violations are declared civil infractions and eligible to receive a civil citation, at the discretion of a law enforcement officer, provided that such violations are not charged in conjunction with any criminal charge: (a) Possession, by a person eighteen (18) years of age or older, of marijuana in an amount of twenty (20) grams or less, as set forth in F.S. § 893.13(6)(d), as such may be amended from time to time; and (b) Possession, by a person eighteen (18) years of age or older, of marijuana drug paraphernalia. (Ord. No. 2015-048 § 12-15-15) Sec. 18-95.C i v i l p e n a l t i e s a n d enforcement. (a) This article is enforceable by all law enforcement officers. (b) A person who is issued a civil citation pursuant to this article shall be subject to a civil fine of one hundred dollars ($100.00) plus court costs. (c) In lieu of paying the one hundred dollar ($100.00) fine, a person may elect to participate in ten (10) hours of community service at a community service agency. The community service agency supervising the person shall record the number of hours of community service completed and the date the community service hours were completed. The community service agency shall submit the data to the clerk of the court on the letterhead of the community service agency, which must also bear the notarized signature of the person designated to represent the community service agency. (d) No person may receive more than two (2) civil citations pursuant to this article. (e) The County Court shall have jurisdiction over all violations of this article. (f) The Clerk of Court shall accept designated fines and issue receipts therefor, and accept proof of satisfactory completion of community service. (g) A person issued a civil citation pursuant to section 18-94 shall comply with all directives on the citation. (h) A person who fails to make payment as provided on the citation, and fails to satisfactorily complete community service within the period specified on the citation, shall be deemed to have waived his or her right to pay the civil penalty as set forth on the citation. (i) A person who elects to appear before the court to contest the civil citation shall be deemed to have waived his or her right to pay the civil penalty. The court, after conducting a hearing, shall determine whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. (j) If a person fails to pay the civil penalty and fails to satisfactorily complete community service, or fails to appear in court to contest the citation, he or she shall be deemed to have waived his or her right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. If the fine is paid the case shall be disposed. If the fine is not paid, and no proof of satisfactory completion of community service is provided, default judgment shall be entered up to the maximum civil penalty of five hundred dollars ($500.00) plus court costs. (Ord. No. 2015-048 § 12-15-15) Chapter 19 MOTOR VEHICLES AND TRAFFIC ARTICLE I. - IN GENERAL Sec. 19-1. Motor vehicles on beaches. (a) In this section the following terms shall have the following meanings: (1) County beach means any upland real property above the mean high waterline of any tidal water contiguous to the boundaries of the county, outside of municipalities, which is owned by the county. (2) Motor vehicle includes automobiles, trucks, trailers, campers, motorcycles, tractors, dune buggys, wagons or any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and transports persons or property or pulls machinery. (b) It is unlawful to operate any motor vehicle upon the county beaches without a permit. This subsection does not apply to county owned parking areas so designated by posted signs. (c) Permits to operate a motor vehicle upon county beaches may be obtained for valid commercial and public uses upon application to the office of the county engineer. (Ord. No. Palm Beach County Ordinances 126 71-7) Sec. 19-3. Combating automobile theft. (a) Short Title: This section shall be called and may be cited as the "Palm Beach County Combat Automobile Theft Ordinance." (b) Combat Automobile Theft Program: There is hereby established a combat automobile theft program. Such program shall include: (1) Consent forms to be signed by motor vehicle owners who wish to enroll their vehicles; and (2) Bright yellow decals indicating a vehicle's enrollment in the program. (c) Consent Forms: The consent forms referenced in subsection (b)(1) above shall: (1) Explain the general operation of the program. (2) Provide authorization for a law enforcement officer to stop the vehicle when it is being driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is conspicuously affixed to the bottom left corner of the back window of the vehicle to provide notice of its enrollment in the program. (3) Advise the motor vehicle owner of the proper means by which the driver of the vehicle should cooperate with the law enforcement officer in such instance. (4) Provide that the owner of the motor vehicle is responsible for removing the decal when terminating participation in the program, or when selling or otherwise transferring ownership of the vehicle and for notifying the sheriff's office in writing of the termination. (5) Provide that the owner of the motor vehicle is responsible for informing any person authorized to use the vehicle that the vehicle is registered in the program. (6) Clearly provide that participation in the combat automobile theft program is strictly voluntary and may be terminated at any time. (7) Include a statement which indicates that the consent form has been read and understood in its entirety, including the procedures to be observed by the driver in a stop. (d) Program Implementation: The combat automobile theft program may be implemented upon approval of program materials and procedures, including guidelines and procedures for making a stop of a vehicle bearing a decal, by the sheriff and the county attorney. Such program materials and procedures may be subject to periodic review and approval by the sheriff and the county attorney. (Ord. No. 90-14) Sec. 19-4. All terrain vehicle operation on unpaved roadways. (a) Title. This section shall be entitled the "Palm Beach County All Terrain Vehicle (ATV) Operation on Unpaved Roadways Ordinance." (b) ATV operation; prohibition. The county is exempt from the provisions of F.S. § 316.2123, which allows all-terrain vehicles (ATVs) to be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver or by a minor under the supervision of a licensed driver. ATVs are defined in accordance with F.S. § 317.0003. ATVs may not be operated during anytime of day or night on an unpaved roadway within the county. (c) Applicability. This section shall apply countywide. (d) Enforcement. This section is enforceable by all means provided by law. The provisions of this section shall be enforced by the county sheriff's office and municipal law enforcement officers within their jurisdiction. Additionally, the county may choose to enforce this section by seeking injunctive relief in the circuit court of the county. (1) Any violation of this section is a civil infraction. (2) Any person who has committed an act in violation of this section shall receive a citation from the sheriff or any law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this section. (3) The county court shall have jurisdiction over all violations of this section. (4) The county clerk shall: a. Accept designated fines and issue receipts therefore; b. Provide a uniform citation form serially numbered for notifying alleged violators to appear and answer to charges of violation of this section. (5) Violation of any provision of this section shall be punishable by a fine of five hundred dollars ($500.00). (6) Any person issued a citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation. (7) Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, s/he shall be deemed to have admitted the infraction and to have waived his/her right to a hearing on the issue of commission of the infraction. Palm Beach County Ordinances 127 (8) All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal law enforcement officers, which shall be remitted by the clerk of the court directly to the municipality issuing the citation) shall be paid into the county treasury and deposited into the county's general fund. (9) Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation. (10) Any person who elects to appear before the court to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty of five hundred dollars ($500.00) plus court costs. (11) If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, s/he shall be deemed to have waived his/her right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty. (12) Any person cited for an infraction under this section shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by F.S. § 775.082 or 775.083. (13) Failure to comply with the requirements of this section shall constitute a violation of a county ordinance, and shall be punishable, upon conviction, pursuant to F.S. § 125.69(1), by a fine of five hundred dollars ($500.00) per violation or imprisonment not exceeding sixty (60) days, or both such fine and imprisonment. In addition to the sanctions contained herein, the county shall take any other appropriate legal action, including, but not limited to, administrative action and requests for temporary and permanent injunctions to enforce the provisions of this section. It is the purpose of this section to provide additional cumulative remedies. (e) Penalty. Any violation of any portion of this section shall be punishable as provided by law. A person who violates this section shall be punished by a fine of five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Any person violating any of the provisions of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. (Ord. No. 07-002) ARTICLE II. STOPPING, STANDING and PARKING Sec. 19-18. Application of provisions. The provisions of this division regulating the stopping, standing or parking of a vehicle shall be in effect in: (1) Streets or highways, roads, right-of-way and roadways in the unincorporated areas of the county; (2) Parking and circulation areas other than county roads within unincorporated the county; (3) County-owned parking facilities and in parking areas located on property owned or leased by the county, whether or not such parking areas are located within the boundaries of a municipality upon adoption of a resolution; (4) Within the boundaries of county airport(s) or over which the county has statutory jurisdiction for purposes of traffic control; and (5) Schools with parking zones or areas owned or leased by the county, over which the county has parking jurisdiction. This division shall apply at all times or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer, parking enforcement specialist, traffic assistant or official traffic control device. The regulations set forth in this division do not impact municipalities' land use and zoning authority. (Ord. 06-008) Sec. 19-21. Parking regulations. (a) Signs to be erected. Upon the determination by the county engineer and adoption of a resolution by the board of county commissioners to restrict or prohibit parking, standing or stopping in areas owned or leased by the county, airports and in certain areas along county roads or roads over which the county has jurisdiction for traffic control, such areas shall be posted with signs specifying the restrictions of parking, standing or stopping. (b) Restricted parking zones, use. (1) No person shall stop, stand, or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is Palm Beach County Ordinances 128 restricted, except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purpose to which parking is restricted. (2) When official signs are erected designating a parking space, area or lot for restricted parking for authorized vehicles only, no person shall park an unauthorized vehicle in violation of such sign. (c) Stopping, standing, or parking prohibited in specified places. (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or an official traffic control device, no person shall stop, stand or park a vehicle: a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. b. On a sidewalk. c. Within an intersection. d. On a crosswalk. e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the county engineer indicates a different length by signs or markings. f.Along side or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. h. On any railroad tracks. i. On a bicycle path. j. At any place where official traffic control devices prohibit stopping. k. On the roadway or shoulder of a limited access facility, except as provided by regulation of the county engineer, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or accident may be parked on such shoulder for a period not to exceed six (6) hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws. (2) Load or unload a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connection ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle. (3) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway. b. Within fifteen (15) feet of a fire hydrant. c. Within twenty (20) feet of a crosswalk at an intersection. d. Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. e. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signposted). f.On a bicycle lane. g. At any place where official traffic control devices prohibit standing or parking. h. On any laned roadway or highway in the county in other than duly designated parking spaces. i. On any roadway that is not a laned roadway or highway in the county so as to impede the movement of two-way traffic in other than duly designated parking spaces. (4) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers. a. Within fifty (50) feet of the nearest rail of a railroad crossing unless the state department of transportation establishes a different distance due to unusual circumstances. b. At any place where official signs prohibit parking. c. At the arrival and departure areas of Palm Beach International Airport. (d) Parking prohibited at all times at certain places. No person shall park a vehicle at any time on any of the following parts of streets, highways, parking areas, sidewalks or sidewalk areas where signs are erected giving notice thereof: (1) In front of a theater entrance. (2) In front of the entrance or exit of a hotel. (3) In front of the entrance of any public building. (4) Fire lanes. (e) Parking prohibited at all times on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle at any Palm Beach County Ordinances 129 time upon any of the streets so marked. (f) Parallel parking required. (1) Except where expressly designated, every vehicle stopped or parked upon a two-way roadway shall be parallel parked and so stopped or parked in the direction of authorized traffic movement. When so parked or stopped, a vehicle's right-hand wheels shall be parallel to and within twelve (12) inches of the right-hand curb where parking is permitted. (2) Except where expressly designated, every vehicle stopped or parked upon a one-way roadway shall be parallel parked and so stopped or parked in the direction of authorized traffic movement with its right-hand wheels within twelve (12) inches of the right-hand curb or edge of the roadway, or its left wheels within twelve (12) inches of the left-hand curb where parking is permitted. (g) Parking time limited on certain streets and highways. When signs are erected giving notice of the limitation of time for parking, no person shall stop, stand or park a vehicle for longer than the time specified by such signs. (h) Moving another's vehicle into prohibited parking place. No person shall move a vehicle not owned by or in charge of such person or stop, stand or park in a manner prohibited by this Ordinance, into any prohibited area or away from a curb such distance as is unlawful. (i) Unattended vehicles; stopping engine. No person driving or in charge of any motor vehicle, except a licensed delivery truck or other delivery vehicle, shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and securing the vehicle so as to prevent movement. No person driving or in charge of a licensed delivery truck or other delivery vehicle shall permit it to stand unattended for a period of time longer than five (5) minutes. (j) Obstruction of traffic by parking. No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to obstruct the free movement of traffic. (k) Stopping, standing or parking upon travel lanes. (1) No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street or highway when it is practical to stop, park or so leave the vehicle off such part of the street or highway; but in every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon any highway outside of a municipality. (2) This section shall not apply to the driver or owner of any vehicle which is disabled, while on the paved or main traveled portion of a street or highway, in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers where highway conditions render such parking off the paved portion of the street or highway hazardous or impractical. (3) a. Whenever any police officer finds a vehicle standing upon a street or highway in violation of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the same, to a position off the paved or main traveled part of the street or highway. b. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel, or on any county road or where the vehicle constitutes an obstruction to traffic, the officer is authorized to provide for the removal of the vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against the motor vehicle. (l) Standing in passenger curb loading zone. No person shall stop, stand, or park a vehicle for any purpose or period of time other than actively engaged in loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed five (5) minutes or as directed by a law enforcement agent during which time the vehicle shall not be allowed to stand unattended. (m)Standing in freight curb loading zone or in curb loading zone. (1) Freight curb loading zone. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials at any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of Palm Beach County Ordinances 130 and while actually engaged in loading and unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone. (2) Curb loading zone. No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials or passengers at any place marked as a loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials or passengers exceed thirty (30) minutes. (n) Obstruction of public streets, highways, etc. It is unlawful for any person or persons to wilfully obstruct the free, convenient, and normal use of any public street, highway or road, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon. (o) Parking in or obstructing alleys. (1) No person shall stop, stand or park a vehicle within an alley in a business district except for the expeditious loading or unloading of materials, and in no event for a period of more than twenty (20) minutes, and no person shall stop, stand or park a vehicle in any other alley in such a manner as to obstruct the free movement of vehicular traffic. (2) No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property. (p) All night parking. No person, except physicians or other persons on emergency calls, shall park a vehicle overnight on any street or highway marked to prohibit all night parking. (q) Parking prohibited for certain purpose. No person shall park a vehicle within any right-of-way for the principal purpose of: (1) Displaying such vehicle for sale. (2) Washing, greasing, or repairing such vehicle, except repairs necessary in an emergency. (3) Displaying advertising. (4) Selling merchandise from such vehicle except in a duly established market place, or when authorized or permitted or licensed under the ordinances of the county. (5) Storing, or as junk or dead storage, for more than twenty-four (24) hours. (r) Airport regulations regarding stopping, standing or parking. Notwithstanding the regulations set forth herein, no parking is permitted within airports except in accordance with posted signage or within areas where parking is specifically authorized. (s) Parking near rural mailbox during certain hours; penalties. Whoever parks any vehicle within thirty (30) feet of any rural mailbox upon any County street, highway or road between 8:00 a.m. and 6:00 p.m. shall be cited as a non-moving violation punishable as provided in Chapter 318, Florida Statutes. (t) Taxicab and bus operators; parking in other than stands and stops. The operator of a bus or taxicab shall not stop, stand or park upon any street in any business district at any place other than at a bus stop or taxicab stand, respectively, except that this provision shall not prevent the operator of any such vehicle from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while engaged in the expeditious unloading or loading of passengers. (u) Taxicab stands and bus stops; use by other than taxicabs and buses. No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and marked, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in the expeditious loading or unloading of passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. No person shall stop, stand or park for any reason in any airport taxicab stand or bus stop. (v) Angle parking, obedience to signs. No person shall stop, stand or park a vehicle upon the streets which have been signed or marked for angle parking other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (w)Parking prohibited, special vehicle types. No person shall park, store, or keep a truck of one-ton capacity or over, commercial vehicle, recreational vehicle, boat or trailer, on any public street, or other thoroughfare or any right-of-way for a period exceeding one (1) hour in any twenty-four (24) hour period, each such period commencing at the time of first stopping or parking unless engaged in loading or unloading of passengers or materials. (x) Unlawful to wilfully abandon motor vehicles on the streets of the county; notice; presumptions. (1) It is unlawful for any person to wilfully Palm Beach County Ordinances 131 abandon a motor vehicle within or upon the public streets, highways, and rights of ways, within the county. (2) In any prosecution under this section, proof that the defendant named in the complaint was at the time of such abandonment the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who abandoned such vehicle where and at the time when such violation occurred. (y) Notice on illegally parked vehicles. Whenever any motor vehicle without a driver is found parked, stopped or standing in violation of any of the restrictions imposed by resolution or ordinance of this county, the law enforcement agent finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such a vehicle a citation on a form provided by the county, for the owner to answer the charge within the time period specified in the ticket. (z) Liability for payment of parking ticket violations and other parking violations. (1) Municipalities or entities electing to utilize the clerk and comptroller's parking violation bureau for collection and enforcement of parking violations shall utilize the parking citation provided by the clerk and utilize the process and procedures established by the clerk. The clerk shall take appropriate measures to collect fines, costs and fees for those municipalities/entities utilizing the parking violation bureau. (2) Any person who is issued a county parking ticket by a law enforcement agent is deemed to be charged with a noncriminal infraction and shall comply with the directions on the ticket. (3) If payment is not received or a response to the ticket is not made within the time period specified thereon, the county court or the traffic violation bureau shall notify the registered owner of the vehicle that was cited, by mail, to the address given on the motor vehicle registration. Mailing the notice to this address constitutes notification. Upon notification, the registered owner shall comply with the court's or bureau's directive. (4) Any person who is mailed notification but fails to timely satisfy the ticket or timely request a hearing as set forth on the ticket may be assessed late fees, and any person who elects to appear before a designated official to present evidence waives his or her right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed $100.00 for non-handicapped violations, or the fine amount designated by county or municipal ordinance, plus court costs and additional costs authorized by municipal ordinance including late fees and collection fees. Any person who fails to pay the civil penalty within the time allowed by the court is deemed to have been convicted of a parking ticket violation. The court shall take appropriate measures to enforce collection of the fine. (5) In any prosecution charging a violation of this division governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of this division or other regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute evidence of a prima facie presumption that the registered owner of such vehicle was the person who stopped, stood, or parked such vehicle at the point where and for the time during which such violation occurred. The foregoing stated presumption shall apply only when the procedure as prescribed in the preceding subsection (y) of this section has been followed. (aa) Impounding vehicle. (1) Police officers are authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the law enforcement agent under the circumstances herein enumerated when: a. A vehicle left unattended upon any bridge, causeway, or viaduct, street or highway or where such vehicle constituted an obstruction to traffic. b. A vehicle upon a street or highway is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal. c. A vehicle found upon the right-of-way and is not in proper condition to be driven. d. A vehicle left unattended upon a street, highway or right-of-way and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic. e. A vehicle left unattended upon the right-of-way continuously for more than twenty-four (24) hours. f.The driver of such vehicle is taken into Palm Beach County Ordinances 132 custody by the police officers and such vehicle would thereby be left unattended upon the street, highway or right-of-way. g. Removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (2) No vehicle impounded in a garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage and storage charges have been paid. Charges for towing and removal shall be approved by the law enforcement agent and posted for public inspection in the garages affected. (3) Whenever an officer removes a vehicle from a street, highway or right-of-way as authorized in this section, and the law enforcement agent knows or is able to ascertain the name and address of the owner thereof, the department shall within twenty-four (24) hours give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefore, and of the place to which such vehicle has been removed. In the event such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (4) Whenever an officer removes a vehicle from a street, highway or right-of-way under this section, and the law enforcement agent does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the law enforcement agent shall immediately send or cause to be sent written report of such removal by mail to the motor vehicle commissioner of the state department of public safety and shall file a copy of such notice with the proprietor of any garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored. (bb) Parking meters; determining zones; installation. (1) Authority of the county engineer. The county engineer may recommend the installation of parking meters and upon approval by the board of county commissioners, install and maintain such meters. The parking meters may be of whatever type as approved by the county commission upon recommendation of the county engineer. (2) Deposit of U.S. currency and credit cards. Permission to park in a metered parking space shall be granted for the length of time indicated upon the deposit of a sum as required and indicated for the designated meter for such space. (cc) Parking when meter indicates violation; maximum period; days effective; parking within spaces. (1) No person shall park any vehicle or permit any vehicle to remain parked in any parking metered space when the parking meter for the space occupied by such vehicle shows a violation. (2) No person shall park any vehicle or permit any vehicle to remain parked in any parking metered space for a continuous period of time greater than the maximum time provided for on the meter. (3) When parking meters are erected giving notice thereof, no person shall stop, stand or park a vehicle in any metered parking zone for a period of time longer than designated by said parking meters upon the deposit of a coin of United States currency of the designated denomination on any day except Sundays and full legal holidays unless otherwise posted, upon any of the streets so marked by designation of the board of county commissioners of the county. (4) Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted, and with the front end of such vehicle immediately opposite the parking meter for such space. (dd) Meter to be visible. Every vehicle parked in a parking metered space shall be parked with the front end or front part of such vehicle immediately opposite the parking meter for such space, and in such manner that the meter shall be visible from the street side of the vehicle. (ee) Collection of money. The county engineer or any other designee of the board of county commissioners shall regularly collect monies deposited in meters located in the unincorporated areas, the receipts thereof to be turned over to the finance department. (ff) Use of slugs, etc.; damaging meters. It is unlawful to deposit in any parking meter anything other than a lawful coin of the United States, or any coin that is bent, cut, torn, battered, or otherwise misshapen. It is unlawful for any unauthorized person to remove, deface, tamper with, open, break, destroy or damage any parking meter. It is unlawful for any person willfully to manipulate Palm Beach County Ordinances 133 any parking meter in such a manner that the indicator will not operate and continue to show the correct amount of unexpired time and will be subject to the penalties set forth in Section 877.08(2), (3) and (4), Florida Statutes. (gg) Use of unexpired time; maximum parking time. The driver of a vehicle entering a parking space at a time when the meter for such space shows unexpired time may permit such vehicle to remain parked in such space for the amount of unexpired time shown on such meter, or may by depositing the proper United States currency or by credit card remain parked in such space for the maximum amount of time allowed by the deposit of said coin as indicated on said meter. (Ord. 06-008) Sec. 19-23. Penalty. Violation of any provision of this division shall be punishable as a non-criminal infraction and fined in accordance with F.S. § 318.18. (Ord. 06-008) Sec. 19-24. Uniformity of application. This division shall constitute a uniform law applicable in all the unincorporated areas of the county and certain property owned or leased by the county within the boundaries of a municipality. (Ord. 06-008) DIVISION 3. PARKING FOR THE DISABLED Sec. 19-71. Short title. This division shall be known and may be cited as the Palm Beach County Physically Disabled Parking Space Ordinance. (Ord. No. 92-29) Sec. 19-73. Penalties and use of funds. (a) A violation of Florida Statutes section 316.1955 or section 316.1956 shall be deemed an infraction, the fine for which shall be two hundred fifty dollars ($250.00). Penalties for late payment of fines shall be assessed pursuant to Florida Statutes section 318.18(8). The sums collected pursuant to this division shall be used in the following manner: (1) One-third to be used to defray expenses for the administration of this division and the provisions of the Florida Statutes regarding disabled parking violations. (2) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons. (b) The penalties set forth herein are nonexclusive and may be imposed in addition to or in lieu of any other penalties set forth in chapters 316, 318, and 320 of the Florida Statutes. (Ord. No. 92-29) ARTICLE III. ABANDONED VEHICLES Sec. 19-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Property means any real property other than a road, street, alley, highway or public easement. Road, street, alley, highway or public easement means the entire width between the boundary lines of every public right-of-way. Vehicle means a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon. (Laws of Fla., Ch. 65-2053, § 1) Sec. 19-92. Territorial applicability. The article applies only in the unincorporated areas of the county. (Laws of Fla., Ch. 65-2053, § 1) Sec. 19-93. Abandonment prohibited. No person shall abandon any vehicle in any area, except temporarily in case of emergency, and no person shall leave any vehicle at any place in any area, for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. (Laws of Fla., Ch. 65-2053, § 2) Sec. 19-94. Leaving wrecked, nonoperating vehicle on road.No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any road, street, alley, highway or public easement. (Laws of Fla., Ch. 65-2053, § 3) Sec. 19-95. Removal of wrecked, inoperative or discarded vehicles from private property. (a) No person in charge or control of any property, whether as owner, tenant, occupant, or otherwise, shall allow any nonoperative, wrecked, junked, discarded or partially dismantled motor vehicle to remain on such property longer than ten (10) days. Palm Beach County Ordinances 134 (b) Subsection (a) does not apply to: (1) A vehicle in an enclosed building. (2) Vehicles under a roofed structure. (3) A vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise. (4) When a motor vehicle is in an appropriate storage place or depository maintained in a lawful place and manner. (c) If the owner of any property upon which is located a motor vehicle in violation of this section does not comply with the requirements of this section within the ten-day period, the board of county commissioners, through its enforcement officers, may have the motor vehicle removed; and the cost thereof shall be a lien against said property, which charge and lien shall be forthwith due and payable with interest thereon at six (6) percent per annum from the due date. (d) The sheriff or the board of county commissioners through its code enforcement division or other authorized representative shall be responsible for the removal of all motor vehicles found to be in violation of this section. (e) When motor vehicles are found on property and are suspected of being in violation of this section, the code enforcement division shall cause a notice to be placed upon such motor vehicle, and a copy to be delivered or to be sent by mail to the owner or owners of the property upon which the motor vehicles are located notifying such owner or owners of the fact that a motor vehicle is on their property and reasonably appears to be in violation of this section. Such notices shall be substantially in the following form: "NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY” "This property to wit; (setting forth brief description) located at (setting forth brief description of location) is improperly stored and is in violation of (setting forth ordinance violated) and you have ten days from the date of receipt of this notice to remove said vehicle(s) from your property; otherwise it shall be removed and destroyed by order of the Board of County Commissioners of Palm Beach County. "You are hereby notified that you must remove the above-described vehicle(s), failing in which the Board of County Commissioners will have it done and the cost thereof shall be levied as an assessment against such property. Commissioners of Palm Beach County. "Dated this: (setting forth date of posting notice) Signed:(setting forth name, title, address and telephone number of enforcing officer) (f) If the property owner or someone in his behalf has not removed the motor vehicle or vehicles as described in said notice within ten (10) days from the date of receipt thereof, the county shall forthwith remove the same and shall through its employees, servants, agents or contractors, be authorized to enter upon the property and take such steps as are reasonably required to remove the vehicle. (g) As soon after such removal of the motor vehicle as feasible, the cost thereof to the county shall be tabulated by the code enforcement division and reported to the director of planning, building and zoning, who shall assess such cost against such parcel. The assessment shall describe the land and show the cost of removal of the vehicle actually incurred by the county with respect thereto. Such assessments shall be legal, valid and binding obligations upon the property against which made until paid. The assessment shall become due and payable thirty (30) days after the mailing of the notice of assessment, after which interest shall accrue at the rate often (10) percent per annum on any unpaid portion thereof. (h) The administration shall mail a notice to the record owner or owners of each said parcel of land described in the assessment at the last available address for such owner or owners, which notice may be in substantially the following form: "NOTICE "TO: ______________________________________ "ADDRESS: ________________________________ "PROPERTY: ______________________________ "You, as the record owner of the property described above, are hereby advised that the Board of County Commissioners of Palm Beach County, Florida, did on the ___ day of __, 19___, order the removal of a motor vehicle or vehicles located on the property, sending you notice thereof, such motor vehicle(s) being (description of motor vehicle or vehicles). "A copy of such notice has been heretofore sent you.” "You failed to remove such vehicle(s) whereupon, it was removed by Palm Beach County at a cost of __. Such cost has been levied against the above property and will become a lien thereon. You may pay such assessment to the Director of Finance of Palm Beach County, Governmental Center West Palm Beach, Florida. "BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA" (i) No earlier than ninety (90) days after the assessment has been made, the director of planning, building and zoning shall cause a certified copy of the assessment in the form of Palm Beach County Ordinances 135 a lien to be filed in the office of the clerk of the circuit court; and the lien shall become effective as the date of filing such copy with the clerk of the circuit court. (j) Such liens, together with interest thereon, may be enforced by civil action the same as other liens are enforceable in the state. (k) Said lien shall be valid and binding for five (5) years from the date of filing. (Ord. No. 89-26) Sec. 19-96. Disposition of abandoned vehicles. (a) Authorized. The sheriff or the board of county commissioners, through its code enforcement division or other authorized representative, is authorized to remove any vehicle left at any place in the county which reasonably appears to be in violation of this article or lost, stolen or unclaimed. Such vehicle shall be impounded for a period of ninety (90) days in a place to be designated by the board of county commissioners; and if such vehicle shall not be reclaimed by the owner, lienor or other interested person within said ninety-day period, the title to such vehicle shall become absolutely vested in the county. (b) Notification of Removal to Owner and Other Interested Parties. (1) The enforcement officer, after taking possession of any motor vehicle pursuant to this article, shall furnish notice in accordance with this section by certified mail (return receipt requested) to the last-known registered owner of the motor vehicle at his last-known address within thirty (30) days of the date of which possession of the motor vehicle is taken, with a copy of the notice to the owner or occupant of the property from which the vehicle is taken. (2) Notice under this section shall contain the following information: a. Year, make, model and serial number of the motor vehicle. b. The name and address of the last known registered owner of the motor vehicle, if available. c. The vehicle registration number and the title registration number of the motor vehicle, if available. d. The date on which the motor vehicle was removed. e. The location from which the motor vehicle was removed. f.The location at which the motor vehicle is being stored or, in the alternative, a number which to contact. The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the motor vehicle may reclaim it upon payment to the county or its agent of all charges incurred by the county for the removal and storage of the motor vehicle. If such reclamation is not made within ninety (90) days after date of the notice, the right to reclaim the motor vehicle shall be deemed to be waived and such persons shall be deemed to have consented to the disposition of the motor vehicle by the county. (3) If the county is unable to identify properly the last-registered owner of any motor vehicle or is unable to obtain with reasonable certainty the names and addresses of the owner or other interested parties, including lienholders, it shall be sufficient notice under this section to publish a notice one (1) time in a newspaper of general circulation in the county directed to all whom it may concern, setting forth the removal of such vehicle and notifying all interested persons that title to the vehicle will vest in the county unless within such ninety-day period the vehicle is reclaimed and reasonable costs and storage charges are paid to the county. Such notice by publication may contain multiple listings of motor vehicles. (4) No claim against the county for such removal or for the value of such vehicle shall be valid unless presented in writing to the code enforcement division before the expiration of said ninety (90) days. After said ninety-day period, the board of county commissioners, through the code enforcement division, may dispose of such vehicle, either by junking same or by sheriff sale or otherwise. (Laws of Fla., Ch. 65-2053, § 5; Ord. No. 89-26, § 2, 10-31-89) Sec. 19-97. Violations; injunction. Violations of this article may be enjoined or otherwise prosecuted by the county or by the code enforcement division by civil action. (Laws of Fla., Ch. 65-2053, § 5; Ord. No. 89-26) ARTICLE IV. RED LIGHT CAMERAS Sec. 19-111. Title and purpose. This article shall be known as the "red light camera safety article" (article). The purpose of this article is to authorize the use of traffic infraction detectors, in accordance with general law, including Chapter 2010-80, Laws of Florida (2010), the "Mark Wandall Traffic Safety Act" or "Act" within the county's jurisdiction and to promote compliance with red light signals as proscribed by this article. (Ord. No. 2010-040) Palm Beach County Ordinances 136 Sec. 19-112. Use of traffic infraction detectors. Palm Beach County exercises its option under § 316.008, Florida Statutes, to use traffic infraction detectors within its jurisdiction to enforce § 316.074(1) or § 316.075(1)(c)(1), Florida Statutes and to utilize traffic infraction detectors as a supplemental means of assisting law enforcement personnel in the enforcement and monitoring of laws related to traffic control signals as permitted and provided for by state laws that are designed to protect and improve the public health, safety and welfare of the community and thereby reduce accidents, injuries and disruption of traffic when a driver fails to stop at a traffic signal on streets and highways under the county's jurisdiction.(Ord. No. 2010-040) Sec. 19-113. Adherence to red light traffic control signals. Pursuant to general law, a motor vehicle facing a traffic control signal's steady red light indication shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown on the traffic control signal. However, the driver of a motor vehicle may not receive a notice of violation or traffic citation for failure to stop at a red light if the driver is making a right-hand turn in a careful and prudent manner where right-hand turns are permissible.(Ord. No. 2010-040) Sec. 19-114. Violation. A violation of this article, known as a red zone violation, shall occur when a motor vehicle does not comply with the requirements of section 19-113. This article supplements enforcement of § 316.074(1) or § 316.075(1)(c)(1), Florida Statutes by law enforcement officers, and shall not prohibit law enforcement personnel from issuing a citation for a red light signal violation in accordance with normal statutory enforcement techniques. (Ord. No. 2010-040) Sec. 19-115. Signs at monitored intersections. At each intersection which has a traffic infraction detector installed, the county shall notify the public that a traffic infraction detector may be in use at the intersection. Such signage shall meet the specifications for uniform signals and devices adopted by the department of transportation. (Ord. No. 2010-040) Sec. 19-116. Review of recorded images. The owner of a motor vehicle that is shown by photographs or electronic images or streaming video, (recorded images) to have committed a violation shall be issued a notice of infraction no later than thirty (30) days after the violation occurs. The recorded image shall be sufficient grounds to issue a notice of infraction. One (1) or more, traffic infraction enforcement officer(s) shall be designated who meet the qualifications set forth in the Act or any other relevant statute. A traffic infraction enforcement officer(s) shall review recorded images prior to the issuance of a notice of infraction to ensure accuracy and the integrity of the recorded images. Once the traffic infraction enforcement officer has verified the accuracy and integrity of the recorded images and determined that a violation occurred, he or she shall complete a review of the violation and authorize enforcement action, and a notice of the violation shall be sent to the owner at the address on record with the Florida Department of Highway Safety and Motor Vehicles or any other state's vehicle registration office. (Ord. No. 2010-040) Sec. 19-117. Notice of violation. (1) A violation shall occur when a motor vehicle does not comply with the requirements of section 19-113 of this Code. (2) Within thirty (30) days after a violation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying the remedies available under § 318.14, Florida Statutes, and that the violator must pay the penalty of one hundred fifty-eight dollars ($158.00) to Palm Beach County or furnish an affidavit supporting an exemption that complies with § 316.0083 in accordance with section 19-119, within thirty (30) days following the date of the notification in order to avoid court fees, costs, and the issuance of a traffic citation. The notification shall be sent by first-class mail and shall include: (a) The name and address of the vehicle owner. (b) The license plate number and registration number of the motor vehicle. (c) The make, model, year and color of the motor vehicle. (d) Notice that the violation is pursuant to § 316.074(1) or § 316.075(1)(c)(1), Florida Statutes as codified in this article. (e) The location of the intersection where the violation occurred. (f) The date and time of the violation. Palm Beach County Ordinances 137 (g) A statement that the owner has the right to review the recorded images that constitute a rebuttable presumption against the owner, together with a statement of the time and place or internet location where the evidence may be examined. (h) A statement that the owner must pay a penalty of one hundred fifty-eighty dollars ($158.00) to the county or provide an affidavit within thirty (30) days of the date the notice is issued in order to avoid court fees, costs, and the issuance of a uniform traffic citation. (i) Instructions on all methods of the procedures for payment of the penalty. (Ord. No. 2010-040) Sec. 19-118. Issuance of a traffic citation. (1) When payment has not been made within thirty (30) days after notification under section 19-117(2), a traffic citation issued under this section shall be issued by mailing the traffic citation by certified mail to the address of the registered owner of the motor vehicle involved in the violation. (2) Delivery of the traffic citation constitutes notification under this section. (3) In the case of joint ownership of a motor vehicle, the traffic citation shall be mailed to the first name appearing on the registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. (4) The traffic citation shall be mailed to the registered owner of the motor vehicle involved in the violation no later than sixty (60) days after the date of the violation. (5) Included with the notification to the registered owner of the motor vehicle involved in the infraction, shall be a notice that the owner has the right to review, either in person or remotely, the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The notice must state the time and place or internet location where the evidence may be examined and observed. (6) If a traffic citation is issued under § 316.0083, Florida Statutes, and this section, the traffic infraction enforcement officer shall provide by electronic transmission a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within five (5) days after the date of issuance of the traffic citation to the violator. (Ord. No. 2010-040) Sec. 19-119. Owners defenses. (1) The owner of the motor vehicle involved in the violation is responsible and liable for paying the violation and traffic citation issued for a violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal, unless the owner can establish that: (a) The motor vehicle was, at the time of the violation, in the care, custody, or control of another person. (b) A uniform traffic citation was issued by a law enforcement officer to the driver of the motor vehicle for the alleged violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutse. (c) The motor vehicle passed through the intersection in order to yield right-of-way to an emergency vehicle or as part of a funeral procession. (d) The motor vehicle passed through the intersection at the direction of a law enforcement officer. (2) In order to establish facts to support his/her defense as provided above, the owner of the motor vehicle shall, within thirty (30) days after the date of issuance of the notice of violation or traffic citation, furnish to the appropriate governmental entity an affidavit setting forth detailed information supporting an exemption as provided in this paragraph. (a) An affidavit supporting an exemption under subsection (1)(a) above must include the name, address, date of birth, and if known, the driver's license number of the person who leased, rented, or otherwise had care, custody, or control of the motor vehicle at the time of the alleged violation. If the vehicle was stolen at the time of the alleged offence, the affidavit must include the police report indicating that the vehicle was stolen. (b) If a traffic citation for a violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, was issued at the location of the violation by a law enforcement officer, the affidavit must include the serial number of the uniform traffic citation. (c) Upon receipt of an affidavit, the person designated as having care, custody, and control of the motor vehicle at the time of the violation may be issued a traffic citation for a violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal. The affidavit is admissible in a proceeding pursuant to this section for the purpose of providing proof that the person identified in the affidavit was in actual care, custody, and control of the motor vehicle. The owner of a leased vehicle for which a traffic citation is issued for a violation of § Palm Beach County Ordinances 138 316.074(1) or § 316.075(1)(c)1, Florida Statutes, when the driver failed to stop at a traffic signal is not responsible for paying the traffic citation and is not required to submit an affidavit as specified in this subsection if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. (d) The submission of a false affidavit is a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083, Florida Statutes. (Ord. No. 2010-040) Sec. 19-120. Penalties. Penalties to be assessed by the county for a violation of this Article shall be in the amount of one hundred fifty-eight dollars ($158.00) when a driver has failed to stop at a traffic signal if enforcement is by a county traffic infraction enforcement officer. No points shall be imposed for a violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, when a driver has failed to stop at a traffic signal in violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, and when enforced by a traffic infraction enforcement officer, the violation may not be used for purposes of setting motor vehicle insurance rates. (Ord. No. 2010-040) Sec. 19-121. Administrative costs; no commissions. An individual may not receive a commission or per ticket fee from any revenue collected from violations detected through the use of a traffic infraction detector. A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected through the use of a traffic infraction detector. (Ord. No. 2010-040) Sec. 19-122. Accounting for program revenues and expenditures. (1) Penalties assessed and collected by the county for a violation of this Article is one hundred fifty eight dollars ($158.00) when a driver has failed to stop at a traffic signal if enforcement is by a county traffic infraction enforcement officer. Seventy dollars ($70.00) shall be remitted by the county to the department of revenue for deposit into the general revenue fund, ten dollars ($10.00) shall be remitted to the department of revenue for deposit into the department of health administrative trust fund, three dollars ($3.00) shall be remitted to the department of revenue for deposit into the brain and spinal cord injury trust fund, and seventy-five dollars ($75.00) shall be retained by the county pursuant to law. (2) Penalties assessed and collected by the county less the amount retained by the county pursuant to this section shall be paid to the state department of revenue weekly by electronic funds transfers. In addition to the payment, summary detail of the penalties remitted shall be reported to the department of revenue. (3) If a person who is cited for a violation of § 316.074(1) or § 316.075(1)(c)1, Florida Statutes, as enforced by a traffic infraction enforcement officer under § 316.0083, Florida Statutes, presents documentation from the appropriate governmental entity that the traffic citation was in error, the clerk of court may dismiss the case. Pursuant to § 318.18(5), Florida Statutes, the clerk of court may not charge for this service. (Ord. No. 2010-040) Sec. 19-123. Consistency with state law. (1) This article shall be interpreted and applied so that it is consistent with state law, specifically, the Mark Wandall Traffic Safety Act, (Chapter 2010-08, Laws of Florida). (2) Any amendment to an applicable state law shall automatically apply to the enforcement and application of this article, whether or not this article or any provision hereof has been amended to specifically address such amendment to state law. Without limitation, any future amendment regarding the amount of the penalty or the apportionment of the proceeds thereof shall be deemed applied in the enforcement of this article, even prior to a specific amendment to this article in order to make this article expressly consistent with such change in state law with respect to the amount of the penalty or the apportionment of proceeds thereof. (Ord. No. 2010-040) Sec. 19-124. Applicability. This article shall apply to streets and highways under Palm Beach County jurisdiction pursuant to § 316.0083, Florida Statutes and in the unincorporated area of Palm Beach County. Municipalities may be interlocal agreement with the county and by ordinance or resolution, authorize the enforcement of this article within their municipality. (Ord. No. 2010-040) ARTICLE VIII. TOW TRUCKS Sec. 19-182. Definitions. For the purposes of this article, the following definitions shall Palm Beach County Ordinances 139 apply: Administrative/lien fee shall mean the fee that is charged for title and lien search, advertising costs, and notification of lien holder and owner of the whereabouts and charges against a vehicle or vessel. Advertisement shall mean any written statement made in connection with the solicitation of a tow truck company and includes without limitation, statements and representations made in a newspaper, telephone directory or other publication, radio, television, electronic medium or contained in any notice, handbill, business card, sign, catalog, billboard, brochure, poster or letter. Applicant shall mean any person who applies for an operating permit or with Palm Beach County. In the case of partnerships, associations, corporations and other legal entities, "applicant" shall also mean any member of a partnership and the corporate officers and directors. Authorized driver/agent shall mean any person who is empowered to act on behalf of the vehicle/vessel owner or lien holder. Commission shall mean the Board of County Commissioners of Palm Beach County, Florida. Compensation shall mean the exchange of goods or services for money, property, service or anything else of value. Consent tow shall mean the recovery, towing and storage of a vehicle or vessel with the authorization/consent of the vehicle/vessel owner or authorized driver. Consent tow company shall mean a person(s) who tows a motor vehicle/vessel with the authorization/consent of the vehicle/vessel owner or authorized driver/agent. Consent-only towing operating permit shall mean the authority required by the provisions of this article of any individual or towing company engaging in the business of performing consent-only towing of vehicles/vessels. Commercial towing company shall mean any person or business entity which tows or recovers vehicles/vessels commercially which results in compensation from the sale or resale of vehicles/vessels or salvaged parts. Director shall mean the division director, or his or her designee. Division shall mean the consumer affairs division designated to implement, enforce and monitor this article. Duly authorized agent shall mean a person designated by and acting on behalf of a real property owner per contractual agreement to request private property impounds. The duly authorized agent shall have no affiliation with the tow truck company providing the towing service. The real property owner shall only appoint duly authorized agents which have a direct connection to the property (i.e., board member, employee of the property management company or home/condo owner's association, employee of the real property owner or state of Florida licensed security agency contracted by the real property owner or manager). Employee shall mean a person who is compensated financially for a period of not less than twenty (20) hours per week and who performs all of his/her employment functions on the property of the employer or management company and is issued an annual federal tax statement of earnings (W-2 Form). Extra time at scene/labor shall mean any extra time beyond one-half hour, needed to safely remove a vehicle or vessel and shall also include the amount of time spent at a scene when a tow truck has been summoned and is on scene but unable to proceed through no fault of the tow truck operator. All extra time/labor shall be documented by the tow truck driver and shall include the name of the law enforcement agency and the law enforcement agency case number or the officer's name and badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the charges and if possible photographs of the scene. Extra time/labor shall be charged in fifteen-minute increments. Good faith effort shall mean that required steps have been performed by the tow truck company according to Florida Statutes, § 713.78(4)(d) to locate the vehicle/vessel owner or lien holder. Gross weight shall mean the weight of a tow truck in pounds plus the weight of the vehicle(s)/vessel(s) and contents being towed. License shall mean the business operating permit, certificate or document which allows a person to engage in Palm Beach County in the activity of recovering, towing, removing, and storing of vehicles and/or vessels for compensation. As used in this article, a license shall not mean a municipal or county business tax receipt. Light reflective sign shall mean an eighteen-inch wide by twenty-four-inch high sign made of aluminum (at least .040 thicknesses) or fiber reinforced plastic (at least .090 thickness). The entire background Palm Beach County Ordinances 140 surface and all lettering must at a minimum be Type 1 Engineered Grade Sheeting (ASTM D4956-01) or 3M Engineer Grade Prismatic Reflective Sheeting Series 3430 (or equivalent). The letters may be screen printed on the Type 1 sheeting using a compatible transparent ink so that the retro reflection is maintained and visible. Mechanical connection shall mean any type of physical connection between a vehicle or vessel to be towed and the tow truck/flatbed truck/car carrier and includes the use of devices for maneuvering unattended vehicles/vessels unable to be safely moved by conventional winching or towing equipment. Non-consent tow shall mean the recovery, towing, removal and storage of a vehicle or vessel without authorization of the vehicle/vessel owner or authorized driver and shall include both "police directed tows" and "private property impounds" as defined herein. Non-consent towing company shall mean person(s) who perform "police directed tows" or "private property impounds" as defined herein. Operate shall mean providing the services of recovering, towing, or removing vehicles or vessels and any vehicle/vessel storage services associated therewith. Operator shall mean any person who provides the services of recovering, towing, or removing vehicles and any vehicle storage services associated therewith and includes without distinction the owning entity of a towing firm and the driver of a tow truck. Person shall mean any natural person, firm, partnership, association, corporation or other entity of any kind whatsoever. Place of business shall mean the tow truck company that provides towing, removal, recovery and storage services. Police directed tow shall mean the removal and storage of a wrecked or disabled vehicles at the direction of police/law enforcement from an accident scene or the removal and storage of a vehicles in the event the vehicle owner or authorized driver is incapacitated, unavailable, or otherwise does not consent to the removal of the vehicle, excepting, however, all incidents of "private property impounds" as herein defined below. Prior express instruction shall mean a clear, definite and explicit request: a) made by a police agency to recover, tow, remove, or store a specific and individual vehicle or vessel which is disabled, abandoned, or parked without authorization or whose vehicle/vessel owner or authorized driver is unable or unwilling to remove the vehicle; or b) made in writing by a real property owner or duly authorized agent of the real property owner, as specifically referenced on the written contract between the real property owner and tow truck company, to recover, tow, remove and store a specific and individual vehicle or vessel parked without permission of the real property owner. The tow truck company, an employee or agent thereof shall not be the designated agent of the real property owner for the purpose of providing prior express instruction to recover, tow, remove or store the vehicle or vessel. Private property impound shall mean towing or removal of a vehicle or vessel, without the consent of the vehicle/vessel's owner or authorized driver when that vehicle/vessel is parked on real property, as authorized by Florida Statutes, § 715.07, as may be amended. Proof of ownership for vehicle/vessel release shall mean that one (1) or more of the following documents are required along with a government issued photo identification: (1) Current vehicle registration; (2) Vehicle title; (3) An authorized driver/agent with a notarized release from the vehicle/vessel owner or lien holder. Vehicle/vessel owners have the right to identify/approve designated agents to claim vehicles on their behalf. A facsimile or electronic transfer of a notarized release statement from the vehicle/vessel owner shall be accepted; (4) Insurance card with the vehicle/vessel owner's information, vehicle description and vehicle identification number; (5) Licensed dealer in possession of an auction buyers sales invoice; and/or (6) A notarized bill of sale for non-titled vehicles or vessels. If the owner of the vehicle has had his/her Florida driver's license confiscated by law enforcement and has no other government issued photo identification then at least one (1) of the following forms of identification shall be accepted: an itemized voucher/property receipt from an arresting law enforcement agency, a booking or arrest record, or original citation from a law enforcement agency all issued within seven (7) days of the date the vehicle was towed. Real property owner shall mean that person who exercises dominion and control over real property, including but not limited to, the legal title holder, lessee, designated representative of a condominium or homeowner's Palm Beach County Ordinances 141 association or any person authorized to exercise or share dominion and control over real property; provided, however, that "real property owner" shall not mean or include a person providing towing services within the purview of this article. Recover shall mean to take possession of a vehicle or vessel and its contents and to exercise control, supervision and responsibility over it. Recovery shall mean the removal of a vehicle or vessel from an area not readily accessible to a roadway (i.e., within a standard cable length). Remove shall mean to change the location of a vehicle by towing it. Revoke shall mean to annul and make void the operating permit of a tow truck company engaged in providing towing services. Storage shall mean to place and leave a towed vehicle or vessel at a location where the person providing the towing services exercises control, supervision and the responsibility over the vehicle. Storage facility shall mean the location where towed vehicles or vessels are stored. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck equipped with booms, car carriers, winches or similar commercially manufactured equipment. Towing shall mean the act of moving one (1) vehicle or vessel from one (1) point to another (including hook-up, lift, and transport) using what is commonly referred to as a tow truck or a car carrier. Towing operating permit shall mean the authority required by the provisions of this article of any individual or towing company engaging in the business of both non-consent and consent towing of vehicles/vessels. Tow truck shall mean any vehicle used to tow, haul, carry or to attempt to tow, haul or carry a vehicle or vessel. Tow truck company shall mean any person, company, corporation, or other entity, which engages in, owns or operates a business which provides towing, recovery, removal and storage of vehicles or vessels for compensation. Tow truck decal shall mean a decal placed upon any tow truck granted approval to provide non-consent towing services by the division. Tow truck driver shall mean the individual who is driving or physically operating a tow truck for a tow truck company engaged in non-consent tows. Unfair or deceptive trade acts or practices shall mean unfair methods of competition, unconscionable acts or practices and unfair deceptive acts or practices in the conduct of any consumer transaction and shall include but are not limited to the following: (1) Representations that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have; (2) Representations that a person or tow truck company has a sponsorship, approval, status, affiliation or connection which he or she does not have; (3) Representations that goods are original or new if in fact they are not, or if they are deteriorated, altered, reconditioned, reclaimed, or second-hand; (4) Representations that goods are of a particular standard, brand, quality, style, or model, if they are of another; (5) Representations that goods or services are those of another, if they are not; (6) Using deceptive representations or designations of geographic origin in connection with goods or services; (7) Advertising goods or services intending not to sell them as advertised; (8) Advertising goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity; (9) Making false or misleading statements concerning the need for, or necessity of, any goods, services, replacements, or repairs; (10) Disparaging the goods, services, or business of another by false or misleading representations of fact; (11) Making false or misleading statements of fact concerning the reasons for the existence of, or amounts of price reductions; (12) Failing to return or refund deposits or advance payments for goods not delivered or services not rendered, when no default or further obligation of persons making such deposits or advance payments exists; (13) Taking consideration for goods or services intending not to deliver such goods or perform such services, or intending to deliver goods or provide service materially different from those contracted for, ordered or sold; (14) Offering gifts, prizes, free items, or other gratuities, intending not to provide them as offered in connection with a sale of goods or services to a consumer; (15) Making false or misleading statements concerning the existence, terms, or probability of any rebate, additional goods or services, commission, or discount offered as an Palm Beach County Ordinances 142 inducement for the sale of goods or services; (16) Using physical force, threat of physical force, or coercion in dealing with consumers; (17) Any violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes, § 501.201 et seq. Vehicle shall mean an automobile, truck, bus, trailer, motorcycle, moped, motorized scooters, recreational unit primarily designed as temporary living quarters which either has its own motive power or is drawn by another vehicle, or any other mobile item using wheels and being operated on the roads of Palm Beach County, which is used to transport persons or property and is propelled by power other than muscular power; provided, however, that the term does not include bicycles, traction engines, road rollers, commercial heavy equipment or vehicles which run only upon a track. Vehicle or vessel owner shall mean a person with the "proof of ownership" described in this article. Vessel shall mean every description of watercraft, barge and air boat used or capable of being used as a means of transportation on water, other than a seaplane or a "documented vessel" as defined in Florida Statutes, § 327.02. (Ord. No. 2011-008) Sec. 19-183. Tow truck class specifications. All towing vehicles must meet the following requirements and be commercially manufactured and meet all federal transportation and tow truck requirements. (a) Class A ratings. Tow truck: (1) Minimum gross weight . . . . 14,500 lbs. (2) Minimum boom capacity . . . 16,000 lbs. (3) Minimum winching capacity . . 8,000 lbs (4) Minimum cable size and length ?" × 100' (5) Min. wheel lift retracted rating 5,000 lbs. (6) Min. wheel lift extended rating 4,000 lbs. (7) Minimum tow sling safe lift . . 3,500 lbs. (8) Min. safety chains (2 ea) 5/16" grade 70 (9) Minimum cab to axle dimension . . . 60" Car carrier: (1) Minimum gross weight . . . . 15,000 lbs. (2) Minimum deck capacity . . . . 10,000 lbs. (3) Minimum length . . . . . . . . . . . . . . . . . 19' (4) Minimum winching capacity . 8,000 lbs. (5) Minimum cable size and length . ?" × 50' (6) Min. tie down chains (4 ea)5/16" grade 80 (7) Tie down straps (optional) (4 ea) . . . . . . . . . . . . . . . . . . 2,000 lbs. each wheel (8) Minimum cab to axle dimension . . 120" Light duty—Non-police towing: (1) Minimum gross weight . . . . . 9,500 lbs. (2) Minimum weight of tow truck . 4,000 lbs. (3) Minimum wheel lift extended rating2,500 lbs. (4) Minimum cab to axle dimension . . . 60" (b) Class B ratings (medium duty). Tow truck: (1) Minimum gross weight . . . . 19,000 lbs. (2) Minimum boom capacity . . . 24,000 lbs. (3) Minimum winching capacity dual 12,000 (4) Min. cable size and length 7/16" × 150' (5) Min. wheel lift retracted rating 10,500 lbs. (6) Min. wheel lift extended rating 6,500 lbs. (7) Minimum tow sling safe lift . . 3,500 lbs. (8) Min. safety chains (2 ea) 5/16" grade 80 (9) Minimum cab to axle dimension . . . 96" (10) Required state DOT registration. Car carrier: (1) Minimum gross weight . . . . 22,500 lbs. (2) Minimum deck capacity . . . . 10,000 lbs. (3) Minimum wheel lift capacity for 2nd vehicle . . . . . . . . . . . . . . . . . . 4,000 lbs. (4) Minimum length . . . . . . . . . . . . . . . . . 19' (5) Minimum winching capacity . 8,000 lbs. (6) Minimum cable size and length 3/8" × 50' (7) Min. tie down chains (4 each)5/16" grade 80 (8) Tie down straps (optional) (4 ea) . . . . . . . . . . . . . . . . . . 2,000 lbs. each wheel (9) Minimum cab to axle dimension . . 120" (10) Required state DOT registration. (c) Class C tow truck—Ratings (heavy duty). (1) Minimum gross weight . . . . 33,000 lbs. Air brakes, all tires H rated, capacity must equal axle rating. Device required to control disabled vehicle's brakes. (2) Minimum boom capacity . . . 50,000 lbs. (3) Minimum winching capacity 50,000 lbs. (4) Min. cable size and length 7/16" × 150' (5) Min. wheel lift retracted rating 40,000 lbs. (6) Min. wheel lift extended rating12,000 lbs. (7) Minimum tow bar . . . . . . . . . 10,000 lbs. (8) Min. safety chains (2 each) ½" grade 80 (9) Minimum cab to axle dimension . . 156" (10) Required state DOT registration. (d) Class D tow truck—Ratings (ultra heavy duty). (1) Minimum gross weight . . . . 58,000 lbs. Air brakes, all tires H rated, capacity must equal axle rating. Device required to control disabled vehicle's brakes. Tandem axles required. (2) Minimum boom capacity . . 100,000 lbs. (3) Minimum winching capacity 100,000 lbs. (4) Minimum cable size and length ¾" × 250' (5) Min. wheel lift retracted rating 40,000 lbs. (6) Min. wheel lift extended rating . . 15,000 (7) Min. heavy-duty towbar rating10,000 lbs. (8) Minimum safety chains (2 each) . . . . . . . . . . . . . . . . . . . . . . . . . ½" grade 80 (9) Minimum cab to axle dimension . . . 18" Palm Beach County Ordinances 143 (10) Required state DOT registration. (Ord. No. 2011-008) Sec. 19-184. Operating permit required. (a) It shall be unlawful for any person to recover, tow, remove or store a vehicle/vessel for compensation in Palm Beach County or to cause or permit any other person for compensation to recover, tow, remove or store a vehicle/vessel in Palm Beach County without first obtaining and maintaining a current and valid operating permit pursuant to the provisions of this article. It shall also be unlawful to advertise said services without first obtaining and maintaining a current and valid operating permit pursuant to the provisions of this article. A person conducting non-consent tows in Palm Beach County but having his/her primary place of business outside of Palm Beach County shall be required to obtain an operating permit and shall be subject to all the provisions of this article. (b) Towing companies whose principal place of business is located outside Palm Beach County that provide consent-only towing services in Palm Beach County shall be exempt from the licensing/permitting provisions of this article, except that such towing companies are required to be licensed if the company picks-up and drops-off a vehicle or vessel solely within Palm Beach County as one (1) complete service. (c) The provisions of this article shall not apply to governmental agencies, vehicle rental companies which tow their own vehicles, to businesses utilizing trucks capable of transporting five (5) or more vehicles at one (1) time, or to persons who use towing vehicles to transport their vehicles solely for personal, family, household or recreational use. (Ord. No. 2011-008) Sec. 19-185. New applications/renewals and issuance of operating permit; fees. (a) The division shall issue either a towing operating permit or a consent-only towing operating permit to tow truck companies which have met the standards and requirements for an operating permit as provided for in this article. (b) Every application/renewal for an operating permit shall be in writing, signed and verified by the applicant, and filed with the division. The application/renewal shall be on a form prescribed by the division and shall contain information, including but not limited to: (1) Sufficient information to identify the applicant, including but not limited to, full legal name, date of birth, telephone numbers, the place of business and residence addresses, a copy of the applicant's Palm Beach County Business Tax Receipt and Florida driver's license number. If the applicant is a corporation, the foregoing information shall be provided for each corporate officer, director, registered agent and shareholder. If the applicant is a partnership, the foregoing information shall be provided for each general and limited partner. Post office box addresses shall not be accepted. (2) Documentation demonstrating that all corporate or partnership applicants are qualified under the laws of Florida to do business under the trade name or names under which it has applied for an operating permit. (3) A list of all persons with any ownership interest in the company who have previously been denied an operating permit from this or any other jurisdiction. (4) Verification of the business' current corporate status and fictitious name registration (if applicable) with the State of Florida. (5) Any trade name under which the business operates, intends to operate, or has previously operated. (6) The location and physical addresses of all places of business including storage facilities. (7) A description of services proposed to be provided, including, but not limited to, days and hours of operation and types of towing and storage services to be provided. (8) Proof of insurance as required in section 19-187 (insurance requirements). As proof of insurance, a certificate of insurance must be submitted on the company's behalf directly to the division by the insurance company or agent. (9) A signature of each individual applicant, president or vice-president of a corporation and of all the general and limited partners of a partnership having 25 percent or greater ownership in the company. (10) The submission of a statement assuring that each tow truck is commercially manufactured, meets the specifications listed herein, is in safe operating condition and receives routine service/maintenance. (11) An agreement on the part of the applicant to abide by the provisions of this article and the laws of the State of Florida. (12) Such additional information required by the division to process the application/renewal. (c) The division shall review and investigate Palm Beach County Ordinances 144 each application/renewal of an operating permit and shall deny any application/renewal that is incomplete or untrue in whole or in part, or which fails in any way to meet the requirements of this article including but not limited to the following: (1) The applicant has been convicted of, found guilty of, or pled guilty or nolo contendere to, regardless of the adjudication of guilt, within the last ten (10) years involving: repossession of a motor vehicle under Florida Statutes, ch. 493, repair of a motor vehicle under Florida Statutes, §§ 559.901—559.9221, theft of a motor vehicle under Florida Statutes, § 812.014, carjacking under Florida Statutes, § 812.133, operation of a chop shop under Florida Statutes, § 812.16, failure to maintain records of motor vehicle parts and accessories under Florida Statutes, § 860.14, airbag theft or use of fake airbags under Florida Statutes, § 860.145 or § 860.146, overcharging for repairs and parts under Florida Statutes, § 860.15, or violation of the towing or storage requirements for a motor vehicle under Florida Statutes, § 321.051, ch. 323, § 713.78, § 715.07, or any felony where use of a vehicle was involved in theft of property. In the case of a corporate or partnership applicant, all corporate officers and directors, or partners shall provide all such information, as the case may be. (2) Any unsatisfied civil fines or penalties arising out of an administrative or enforcement action brought by the division (including any cease and desist orders and/or assurances of voluntary compliance issued by the division) or another governmental agency based upon conduct involving a violation of this article or other towing regulations. (3) Any criminal, administrative, or enforcement proceeding in any jurisdiction based upon conduct involving a violation of this article or other towing regulations. This paragraph shall apply to consent-only towing companies when such proceedings from other jurisdictions relate to public safety. (4) Any unsatisfied judgments entered in an action brought by the division under this article. (5) Has had its operating permit previously revoked by action of the division or any other jurisdiction within two (2) years of the date of application. This paragraph shall apply to consent-only towing companies when such proceedings relate to public safety. (d) All tow truck companies which desire to operate in Palm Beach County must secure an operating permit and follow the permitting procedures described in this section prior to conducting business. If there are six (6) months or less remaining before the annual renewal period, the nonrefundable fee for the operating permit shall be fifty (50) percent of the approved fee, otherwise all other fees are applicable. (e) Each operating permit and tow truck decal issued pursuant to this section shall be valid and effective for one (1) year, terminating on December 31 of each year. Failure to submit an operating permit application and the required nonrefundable fee for renewal by September 30 of each year will result in the assessment of a nonrefundable late fee. All fees shall be established by a resolution of the commission. (f) Tow truck companies failing to submit a complete and true application within thirty (30) calendar days after the division's receipt of the application shall be denied an operating permit. Within ten (10) business days of receipt of the division's notice of denial, such tow truck companies may refile a complete and true application and pay a nonrefundable application re-filing fee established by a resolution of the commission. Failure to refile an application within this ten-day period will result in the tow truck company being required to submit a new application and repaying the nonrefundable application permit fee and applicable tow truck decal fees. The failure to re-file and pay the required fees will result in the denial of the operating permit application for that licensing period. (g) After initial application and upon renewal, the applicant shall submit to a background investigation every other year. (h) Each operating permit shall be printed on a certificate containing, at a minimum, the name and address of the company, the name of the principal, the dates the operating permit is in effect, and the identifying number assigned by the division to the company. The operating permit certificate issued by the division shall remain the property of Palm Beach County and shall be used only under the authority of the division. (i) All operating permits shall be renewed annually. As a part of the renewal process, the original application shall be updated and verified by the applicant. Each updated renewal application shall be accompanied by a nonrefundable fee. All operating permits which are not renewed shall automatically expire upon the expiration date of the operating permit, as stated on the operating permit, and all recovery, towing, removing and storage services permitted shall cease immediately. The division shall deny each Palm Beach County Ordinances 145 renewal application that is not timely, is incomplete, is untrue in whole or in part, is unaccompanied by the required fees, or results in a determination by the division that the applicant has failed to satisfy the requirements of this article. (j) An operating permit issued or renewed pursuant to the provisions of this section shall not be transferable, nor shall the ownership structure of the operating permit be so modified as to constitute a change in the control or ownership of the operating permit. If the business changes its name or ownership structure, a new business permit application and the business application permit fee shall be submitted to the division within forty-five (45) days of said change. In cases where the name of the business changes, the new business will be required to have each vehicle inspected and must also pay decal/vehicle fees. (k) Failure to comply with the provisions of this section may result in denial of an operating permit, revocation or suspension of the operating permit, a denial of renewal of such operating permit, issuance of a civil citation, a criminal conviction and/or other such remedies available to the division herein. (l) All fees collected shall be deposited in a separate county fund for the division's operation. (Ord. No. 2011-008) Sec. 19-186. Inspection of storage yards and public offices required. (a) Prior to the issuance of an operating permit, the division shall inspect each storage facility and public office area to assure compliance with this article and the following: (b) Non-consent towing storage facilities must meet the following requirements: (1) Adequate chain-link or solid-wall fencing that has a minimum height of six (6) feet with lockable and secure gates surrounding the storage facility (Florida Statutes, § 713.78(7)(b)1). (2) At least ten (10) feet by twenty (20) feet of outdoor storage space for each standard vehicle/vessel (more for larger vehicles). The facility must be able to accommodate a minimum of ten (10) standard size vehicles. For towing companies unable to provide outdoor storage, an indoor facility must be provided with the same space for a minimum of ten (10) standard size vehicles and must use one (1) or more of the security methods defined herein. Towing companies which provide only indoor storage shall not exceed the maximum allowable outdoor storage rates established by the commission. (3) At least ten (10) feet by twenty (20) feet of indoor storage space for each standard vehicle/vessel. The indoor storage space must adequately protect the vehicle from natural (i.e., rain, hail, etc.) and man-made (i.e., paint, chemicals, etc.) elements, be isolated to prevent contact with unapproved personnel/public and be placed in such a manner to prevent damage by any other means. Indoor storage space shall be adequately vented to the outside to prevent accumulation of toxic fumes or gases that may pose a threat to human health. The indoor facility must be able to accommodate a minimum of at least two standard size vehicles. (4) Illuminate the storage facility with lighting of sufficient intensity to reveal persons and vehicles/vessels at a distance of one hundred fifty (150) feet during nighttime (Florida Statutes, § 713.78(7)(b)2). (5) Each storage facility must use one (1) or more of the following security methods to discourage theft of vehicles/vessels or of any personal property contained in such vehicles/vessels: a. A night dispatcher or watchman remaining on duty at the storage facility from sunset to sunrise; b. A guard dog (as licensed and approved by the Palm Beach County Animal Care and Control Division) which remains at the storage facility from sunset to sunrise; c. Security cameras or other similar electronic surveillance devices which monitor and record activities in the storage facility during the hours the business is closed to the public; or d. A licensed security guard service which examines/patrols the storage facility at least once each hour from sunset to sunrise (Florida Statutes, § 713.78(7)(b)3). (6) An appropriate office area protected from the weather and equipped with a wired telephone system and approved sanitary facilities in accordance with the requirements of Chapter 64E-10, FAC. (c) By resolution, the commission may establish a storage yard inspection fee. (Ord. No. 2011-008) Sec. 19-187. Insurance requirements. (a) It shall be unlawful for any tow truck company to recover, tow, or remove a vehicle/vessel or to provide vehicle/vessel storage services in connection therewith until that company has filed with the division and maintains in effect, the following types of commercial insurance: auto liability for each Palm Beach County Ordinances 146 vehicle, general/garage liability, on-hook cargo liability and worker's compensation (as required by state law). The board shall establish the minimum insurance limits by resolution for each insurance type. (b) All insurance policies required shall be issued by insurance companies licensed and admitted to write commercial liability insurance in the State of Florida. No policy shall be accepted which is less than a six-month duration. Each policy shall be endorsed to provide for thirty (30) days written notice to the division of any non-renewal of the policy or at least ten (10) days written notice to the division of any cancellation/non-payment of the policy. (c) A properly completed certificate of insurance evidencing all insurance coverages shall be made available to the division upon application for an operating permit. Each vehicle must be listed on the certificate(s) by its year, make and vehicle identification number. Certificates of insurance must contain the following name and address as certificate holder: Board of County Commissioners of Palm Beach County c/o Division of Consumer Affairs 50 South Military Trail West Palm Beach, FL 33415 Evidence of the renewal of the policy shall be filed with the division prior to such policy's expiration date. Failure to file such evidence of insurance, or failure to have same in full force and effect, may result in denial of a permit, revocation or suspension of the permit, a denial of renewal of such permit, issuance of a civil citation, a misdemeanor charge or other such remedies available to the division herein. (d) The division may deny, suspend or revoke the operating permit of any company for failure to obtain or maintain insurance as required by this article. Any company which submits false or fraudulent insurance documents shall be subject to immediate denial or revocation. Such companies shall not be eligible to reapply for a business permit for five (5) years. The division shall notify the state department of financial services/division of insurance fraud for follow-up investigation and review. Upon denial, suspension or revocation of the business permit, the company shall be entitled to an appeal according to the provisions in section 19-207 (hearings and appeals). (e) The division shall suspend the operating permit of any company which fails to ensure that each and every registered vehicle associated with the company has: (1) A current certificate of insurance provided to the division by the authorized agent or insurance company no later than the date of expiration of its previous policy; or (2) A reinstatement notice provided to the Division no later than the date of cancellation of said policy. (3) Any company which has had its business permit suspended more than two (2) times in any twelve-month period may have such permit revoked for a period of one (1) year. (f) An "administrative insurance reactivation" fee established by resolution of the board, shall be assessed all tow truck companies that are suspended pursuant to subsection (d) above. The suspension shall not be withdrawn until the fee is paid to the division. (Ord. No. 2011-008) Sec. 19-188. Tow truck registration; tow truck standards; decals. (a) It shall be unlawful to recover, tow or remove a vehicle/vessel or to store it in connection therewith unless the tow truck used to provide such service displays in the lower left corner (driver side) of the front window a current decal issued by the division. The tow truck decal remains the property of the division and can be used only under the authority of the division. (b) The division is authorized to issue current tow truck decals for each separate tow truck upon application by the tow truck company and completion or satisfaction of the following: (1) Inspection by personnel authorized by the division to ensure that the tow truck clearly displays the company name on the exterior of the driver and passenger sides in permanently affixed letters in contrasting colors at least three (3) inches high. The physical address of the business, telephone number and operating permit number must be in at least one (1) inch permanently affixed letters in contrasting colors on the exterior driver and passenger sides. Magnetic signage of any type is not permitted. (2) Submission of an affidavit to the division assuring that each tow truck is commercially manufactured and meets the specifications listed in section 19-183 (tow truck class specification) and is in safe operating condition. (3) An application form prepared by the division and completed by the tow truck company, which correctly indicates the year, make, model, vehicle identification number, and the State of Florida motor vehicle license Palm Beach County Ordinances 147 plate number and the expiration date of the license plate of the tow truck. A copy of the State of Florida Vehicle Registration shall be provided for each vehicle to be registered/permitted with the division. (4) Payment of a nonrefundable decal fee established by resolution of the Commission and deposited and used in the same manner as other fees and charges under this article. (5) Inspection of the tow truck by personnel authorized by the division to ensure that the tow truck meets the minimum tow truck signage requirements and safety and equipment standards. The minimum safety requirements for all tow trucks shall be: a. Compliance with section 19-183 (tow truck class specification); b. Vehicle and towing apparatus in safe operating condition pursuant to Florida Statutes, ch. 316; c. Tire conditions and tread; d. Braking performance; e. Lights—Head, parking, rear, signal and flood; f.Amber emergency lighting; g. Fire extinguisher; h. Safety equipment—Flares, light reflective safety cones or red triangle highway warning reflectors; and i. Flashlight. Tow trucks used exclusively for police directed tows shall be required to also have the following: a. "Oil dry" or its equivalent; and b. Equipment—Crowbar/pryer, jumper cables, bolt cutters, four-way lug wrench, extra tow chain, five-gallon trash receptacle, fire axe, heavy duty push broom and shovel. (c) It shall be unlawful for any tow truck company to alter or transfer ownership of any decal. If a tow truck is destroyed or sold, the tow truck company must remove said decal and surrender the remains to the division. (d) Any additional tow trucks must comply with this section prior to being used for recovery, towing or removal of any vehicle/vessel. Upon compliance with this section, additional tow trucks acquired during the licensing year will receive a decal at a prorated fee. The prorated fee shall be fifty (50) percent of the regular decal fee if there are six (6) months or less remaining before the annual renewal period. (e) Decals shall be issued in numerical order and each decal issued shall display its assigned number. Decals shall be issued annually when the operating permit is renewed. (f) The decal for each tow truck shall be affixed by personnel authorized by the division and shall at all times be displayed and available for inspection by any law enforcement officer or by personnel authorized by the division to perform enforcement duties. (g) Replacement or duplicate decals may be authorized by the division upon the completion of an application and notarized statement of the tow truck company stating that such replacement or duplicate decal is necessary and stating the reasons for such request, along with a nominal charge to be approved by resolution of the commission. (h) A towing company which has tow trucks inspected by a municipality or law enforcement agency that meet the inspection requirements of this article, shall be exempt from the inspection requirements herein as long as the inspection took place within ninety (90) days of the required division inspection. However, all tow trucks operating pursuant to this article shall be registered with the division and meet the vehicle safety requirements of this article. (Ord. No. 2011-008) Sec. 19-189. Inspection procedures and requirements. (a) The division shall conduct storage facility and individual tow truck inspections upon the completion and submittal of all application requirements by each tow truck company. The division will provide written notification (fax or electronic notification acceptable) to the tow truck company of the need for inspection of storage facilities and all tow trucks. (1) Within five (5) business days of notification, the tow truck company shall contact the division to schedule an appointment for inspection. Said inspection shall be completed within twenty (20) business days after the tow truck company contacts the division to schedule the inspection. If the tow truck company does not schedule the inspection within five (5) business days of notification, then prior to inspection, an inspection late fee established by resolution of the commission must be paid to the division. Failure to schedule the appointment following initial notification by the division within the five-day time period shall result in the denial of the operating permit and a requirement that the operating permit application be resubmitted along with applicable nonrefundable operating permit application re-filing fees established by resolution of the commission. (2) If the tow truck company cancels the Palm Beach County Ordinances 148 inspection, a cancellation fee must be paid to the division prior to inspection. Failure to reschedule the appointment within eleven (11) business days of the initial notification by the division or to complete said inspection within twenty (20) business days after the appointment has been rescheduled, shall result in the denial of the operating permit and a requirement that prior to inspection, the operating permit application be resubmitted along with applicable nonrefundable application re-filing fees established by resolution of the commission. The applicant shall only be permitted one (1) opportunity to reschedule the required inspections. (b) If a storage facility inspection reveals deficiencies (fails) and a reinspection is required, then a storage facility reinspection fee must be paid to the division. The fee is to be established by the commission by resolution. Within five (5) business days of notification, the tow truck company shall contact the division to schedule an appointment for reinspection. Said reinspection shall be completed within twenty (20) business days after the tow truck company contacts the division to schedule the reinspection. Failure to complete said reinspection within twenty (20) business days after the appointment has been scheduled, shall result in the denial of the operating permit and a requirement that the application be resubmitted along with applicable nonrefundable application re-filing fees established by resolution of the commission. (c) Upon the division's inspection of the storage facility and tow truck(s), if all tow trucks are not available/present, then the tow truck company shall bring the unavailable truck(s) to the division's designated inspection site within five (5) business days by appointment. If the tow truck(s) are not inspected within five (5) business days, then a vehicle inspection late fee must be paid to the division. The fee is to be established by the commission by resolution. (d) If tow truck inspection reveals deficiencies (fails) and a reinspection is required, then the failed truck(s) are to be brought to the division's designated reinspection site within five (5) business days by appointment. The vehicle reinspection fee shall be applied each time the individual tow truck fails the inspection process. If the tow truck is not reinspected within five (5) business days, then a late vehicle reinspection fee must be paid to the division. (e) Tow trucks that are out of service at the time of a scheduled vehicle inspection and are expected to be out-of-service longer than five (5) business days as well as tow trucks that have failed two (2) inspections will be red-tagged by the division. A red-tag "out of service" decal will be applied to the vehicle by a division employee and the vehicle may not be used for any business or towing purposes until such time as the vehicle is brought to the division's designated site, inspected and approved for operation. Only division employees may remove the red-tag decal. (f) It shall be unlawful to operate a tow truck which has failed to pass any critical item specified on any tow truck inspection performed by personnel authorized by the division or has failed to correct other inspection deficiencies within the time period specified by the division or is operating with safety deficiencies or without the proper insurance coverage. When a tow truck has failed to pass inspection or the owner has failed to correct such inspection deficiencies or the vehicle is operating with safety deficiencies or without the proper insurance coverage, personnel authorized by the division shall affix to the lower left corner of the tow truck windshield a red tag "out of service" decal/notice. It shall be unlawful for the tow truck company or any other person other than personnel authorized by the division to remove this notice from the windshield of the tow truck. This notice shall remain the property of the division and Palm Beach County. (g) It is a violation of this article not to have storage facilities and tow trucks inspected according to the above requirements. Failure to pay the required fees is a violation of this article. (Ord. No. 2011-008) Sec. 19-190. Non-consent manifest, towing invoice, or tow sheet. (a) It shall be unlawful for any person providing nonconsent towing services to recover, tow or remove a vehicle/vessel or provide storage in connection therewith unless the person providing such service shall maintain in his possession a manifest, towing invoice, tow sheet or dispatch records which shall include, but not be limited to, the following information: (1) Name of the tow truck company name of tow truck operator physically providing the service and the tow driver's I.D. badge number; (2) Palm Beach County Towing Permit Number (TP#) and decal number of the towing vehicle used to provide the service; (3) Name, address and telephone number of Palm Beach County Ordinances 149 the person requesting the service, except as provided in section 19-194.(e) (non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law enforcement agency); (4) Prior express instruction (signed and dated) of the real property owner provided in the presence of the tow truck driver recovering, towing or removing the vehicle/vessel except as provided in subsection (a) above. (5) Date and time the tow truck arrived at the location where the service is to be performed; (6) Date and time of release to vehicle/vessel owner or authorized agent; (7) Location at which the service originated; (8) Destination to which the vehicle/vessel being provided the service is taken and the time of arrival at the destination; (9) Description of vehicle/vessel being provided the service, including make, model, year (if known), color, vehicle/vessel identification number (if visible) and license plate number, if any; (10) Description of services provided; (11) The total charges listed individually and specifically as well as the description of the services rendered; (12) When an "extra time/labor at scene" charge is applied, the tow truck driver shall obtain and provide the name of the law enforcement agency and agency case number. In lieu of the case number, the badge number and name of the investigating law enforcement officer on the scene must be provided. A detailed explanation of the services rendered which necessitated the charges shall also be recorded and provided to the vehicle/vessel owner or representative upon demand. (13) The following disclosure in bold capitalized letters of at least twelve-point type: IF YOU HAVE QUESTIONS OR COMPLAINTS ABOUT NON-CONSENT TOWS UNABLE TO BE RESOLVED BY THE TOWING COMPANY MANAGEMENT, CONTACT THE PALM BEACH COUNTY CONSUMER AFFAIRS DIVISION, WEST PALM BEACH, FLORIDA. TELEPHONE: (561) 712-6600 OR BY INTERNET: www.pbcgov.com/consumer. COMPANIES PERFORMING NON-CONSENT TOWS IN PALM BEACH COUNTY ARE REQUIRED TO ACCEPT ALL OF THE FOLLOWING FORMS OF PAYMENT: 1. CASH, MONEY ORDER OR VALID TRAVELER'S CHECK; AND 2. VALID BANK DEBIT/CREDIT CARD, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, MASTERCARD OR VISA, THAT IS IN THE NAME OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT; AND 3. VALID PERSONAL CHECK SHOWING ON ITS FACE THE NAME AND FLORIDA ADDRESS OF THE VEHICLE/VESSEL OWNER OR AUTHORIZED DRIVER/AGENT. (b) Each original manifest, towing invoice, or tow sheet shall be available for inspection and a copy provided upon demand by law enforcement officers, by personnel authorized by the division to perform enforcement duties or to the vehicle vessel owner or his/her authorized driver/agent. (Ord. No. 2011-008) Sec. 19-191. Advertisements. In all advertisements, tow truck companies performing non-consent towing services shall furnish the complete business address, telephone number and Palm Beach County Towing Operating Permit Number of said tow truck company. The permit number is not required in telephone directories where the publisher gratuitously provides a "business listing" with only the company name, address and phone number. (Ord. No. 2011-008) Sec. 19-192. Records required. Each tow truck company shall maintain accurate and complete records including but not limited to, manifests, towing invoices, or tow sheets for services rendered. When photographs are taken of vehicles/vessels, the vehicle/vessel owner and the division shall have access to such photos for the purpose of inspection and/or copying. Such records and photographs shall be maintained for at least three (3) years for services related to non-consent towing services and for one (1) year for services related to consent-only towing services. The division shall be granted access to these records for inspection and/or copying, during regular business hours, upon twenty-four-hours prior notice. In the event, the division is denied the opportunity to inspect and copy such records; the division shall have the right to remove the records for the purpose of copying and shall return any records removed within three (3) calendar days. All records and information inspected and not copied shall be confidential, except that records may be copied and made public for the purpose of complaint investigations, operating permit suspension and/or revocation proceedings. (Ord. No. 2011-008) Sec. 19-193. Operating permit required to do business with the county. No person shall submit a bid, nor shall any contract be awarded, on any county contract or agreement to recover, tow, or remove vehicles/vessels or provide storage in connection with such services unless that person has a valid and current operating permit issued pursuant to this article. Nothing herein shall prevent the county from contracting for more stringent requirements Palm Beach County Ordinances 150 than set forth in this article. (Ord. No. 2011-008) Sec. 19-194. Non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law enforcement agency. In addition to the other requirements of this article, no tow truck company shall, for compensation, recover, tow, or remove a vehicle/vessel or provide storage in connection therewith without the prior express instruction of the vehicle/vessel owner or authorized driver, except in accordance with the following: (a) Police directed tow. Non-consent tow truck companies may for compensation recover, tow or remove a vehicle/vessel based upon a police directed tow without the prior express instruction of the vehicle/vessel owner or authorized driver upon the prior express instruction of a law enforcement agency and in accordance with the terms of any contracts or agreements between the tow truck company and a governmental entity and/or law enforcement agency. (b) Private/public property impound. Non-consent tow truck companies may for compensation recover, tow or remove a vehicle/vessel on a private/public property impound without the prior express instruction of the vehicle/vessel owner or authorized driver, upon the prior express instruction of the real property owner or his duly authorized agent on whose property the vehicle/vessel is disabled, abandoned or parked without authorization or whose vehicle/vessel owner or authorized agent is unwilling or unable to remove the vehicle/vessel, provided that the requirements of this article are satisfied. The non-consent tow truck company recovering, towing or removing a vehicle/vessel shall, within thirty (30) minutes of completion of such towing or removal, notify the appropriate law enforcement agency in which jurisdiction the vehicle/vessel was parked of the nature of the service rendered, the name and address of the storage facility where the vehicle/vessel will be stored, the time the vehicle was secured to the towing vehicle, and the make, model, color and vehicle/vessel license plate number (if any). The non-consent tow truck company shall obtain the name of the person at the law enforcement agency to whom such information was reported and note that name on the trip record. It shall be a violation of this article for a non-consent tow truck company to act as a duly authorized agent as defined in section 19-182 on behalf of the real property owner. An example of such action shall include but not be limited to the use of written warnings or stickers for pre-tow notification. (c) Except as otherwise provided in this article, every prior express instruction made in writing or in person shall indicate the date and time of the instruction and shall be signed by the law enforcement officer, or the real property owner/duly authorized agent in the physical presence of the tow truck company providing the service at the time the towing services are performed. The law enforcement officer or the real property owner/the duly authorized agent shall also print his/her full name. Prior express instruction (signed/printed name and date) must be provided on the manifest, towing invoice or tow sheet in the presence of the driver. Pre-authorization or post-authorization for prior express instruction is a violation of this article and shall result in the issuance of a citation and/or suspension or revocation of the operating permit. Being in the possession of a pre-signed, manifest, towing invoice, tow sheet or fax authorization form shall constitute prima facie evidence of pre-authorization and is a violation of this article. Such violation shall result in the issuance of a citation and/or suspension or revocation of the operating permit. (d) Signing in the presence of the non-consent tow truck company/driver shall not be required for a prior express instruction made by the real property owner or authorized agent forwarded by facsimile transmission on a form provided by the division. All other requirements of this article shall apply and the real property owner or duly authorized agent shall provide in the facsimile instruction the specific location (i.e., address, parking space, etc.), color of the vehicle, make and/or model of the vehicle (if visible) and either the license tag number or the vehicle identification number (if available) prior to the vehicle/vessel being towed. Such facsimile instruction shall include the real property owner's or authorized agent's signature and printed or typed full name and title, as well as an electronic confirmation or electronic stamp of the date and time the instruction was sent to the tow truck company. The tow truck company, in compliance with section 19-192 (records required), shall maintain copies of facsimile instructions. Failure of the non-consent tow truck company to act on a faxed instruction within twenty-four (24) hours of an expressed instruction from the property owner or designee shall require the issuance of a new facsimile or express authorization. Acting on an incomplete Palm Beach County Ordinances 151 facsimile from the property owner is a violation of this article. (e)No non-consent tow truck company/driver shall pay or rebate money, or solicit or offer the rebate of money, or other valuable consideration in order to obtain the privilege of rendering towing services. The only exception is governmental franchise fees. (f) Except as otherwise provided in this article, no such prior express instruction shall be considered to have been given: 1) by the mere posting of signage as required by sections 19-195 (notice requirements for providing non-consent tow services at request of real property owners) and 19-198 (maximum non-consent towing and storage rates for non-consent tow services); 2) by virtue of the terms of any contract or agreement between a tow truck company and a real property owner; 3) when the prior express instruction occurs in advance of the actual unauthorized parking of the vehicle/vessel; or 4) where the prior express instruction is general in nature and unrelated to specific, individual and identifiable vehicles/vessels which are already parked without authorization. (g) Each non-consent tow truck company shall enter into a written contract with every owner or duly authorized agent (as defined herein) of private property that authorizes the non-consent tow truck company to tow vehicles/vessels on or from its property. This written contract shall include the beginning date of said contract, the names of all persons who can authorize prior express instruction to the tow truck company to remove, recover or tow any vehicle/vessel on or from its property. The written contract shall include the name and current telephone number of the tow truck company performing the towing service, and the name, address and telephone number for any duly authorized agents acting on behalf of the real property owner. The written contract for non-consent towing shall also include a clear understanding of liability for the real property owner as stated in Florida Statutes, § 715.07(4) and shall include the following wording, "When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney's fees; and court costs." No such contract shall state that the non-consent tow truck company assumes the liability for improperly towed vehicles/vessel, contrary to Florida Statutes, § 715.07(4). Any addendum to the contract shall include additional names and titles as necessary. The non-consent tow truck company must keep on file an original, dated and signed contract and addendum (if applicable) with the property owner or duly authorized agent. Such contract shall be maintained for at least twelve (12) months after termination. The division and law enforcement officers may inspect and request a copy of any and all such contracts from the non-consent tow truck company during normal business hours. The non-consent tow truck company may not withhold production of the contract upon demand by the division or law enforcement. Failure to enter into or keep on file a contract with the property owner shall be a violation of this article. All contracts which were entered into prior to the effective date of this article, shall accomplish the requirements of this subsection by entering into an addendum to the current contract within three (3) months following the enactment of this article. Non-consent tow truck companies may not enter into a written contract with the owner of private property that authorizes the tow truck company to tow vehicles/vessels from the real property owner's property to the storage yard where the mileage restrictions have been exceeded contrary to Florida Statutes, § 715.07(2)(a)1, as may be amended from time to time. (h) Real property owners or authorized representatives shall not request the recovery, tow or the removal of vehicles/vessels that are reasonably identifiable from markings or equipment as law enforcement, fire fighting, rescue squad, ambulance, or other emergency vehicles/vessels which are marked as such. (i) Any person who improperly causes a vehicle/vessel to be recovered, towed, removed or stored shall be liable to the vehicle owner or authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, removal or storage and attorney's fees and court costs. (Ord. No. 2011-008) Sec. 19-195. Notice requirements for providing non-consent tow services at request of real property owners. (a) In addition to the requirements of section 19-194 (non-consent towing with prior express instruction of real property owner or duly authorized agent and/or law enforcement agency), non-consent tow truck companies duly permitted under this article may recover, Palm Beach County Ordinances 152 tow or remove a vehicle/vessel or provide storage in connection therewith upon the prior express instruction of a real property owner or authorized agent, on whose property the vehicle/vessel is abandoned or parked without authorization, provided that the following requirements are satisfied: (1) Notice shall be prominently posted on the real property from which the vehicle/vessel is proposed to be removed and shall fulfill the following requirements: a. A light reflective sign shall be prominently placed at each driveway access/entrance or curb cut allowing vehicular access to the real property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one (1) sign each twenty-five (25) feet of lot frontage. The sign shall be permanently installed not less than three (3) feet and not more than six (6) feet above ground level and shall be continuously maintained on the real property for not less than twenty-four (24) hours prior to the towing or removal of any vehicle/vessel(s). b. The light reflective sign shall clearly display in not less than two-inch high letters on a contrasting background, the words: "UNAUTHORIZED VEHICLES/VESSELS WILL BE TOWED AWAY AT THE OWNER'S EXPENSE." The words "TOW-AWAY ZONE" must be included on the light reflective sign in not less than four-inch high letters on a contrasting background. c. The light reflective sign shall clearly indicate, in not less than two-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles/vessels will be towed away at the owner's expense; and the name and current telephone number of the tow truck company performing the towing service. (2) Light reflective signs must be maintained or replaced so that they are clearly visible, legible and light reflective at all times. The towing company is responsible for maintaining and replacing signs. In the event the tow truck company goes out of business or is no longer performing tow services for the real property owner, the real property owner is responsible for removal of signs. Failing to provide, maintain, replace and/or remove the signs in accordance with this section is a violation of this article. (3) The posting of notice requirements of this section shall not be required where: a. The real property on which a vehicle/vessel is parked is property appurtenant to and obviously part of a single-family type residence; or b. Written notice is personally given to the vehicle/vessel owner or authorized driver/agent that the real property on which the vehicle/vessel is or will be parked is reserved or otherwise not available for unauthorized vehicles/vessels and is subject to being removed at the vehicle/vessel owner's expense. (b) Except as otherwise provided in section 19-194(d), when any real property owner instructs that a vehicle/vessel be recovered, towed, removed from his or her property and stored, s/he or a designated representative shall sign the tow ticket authorizing the tow. Immediately upon request, and without demanding compensation, the real property owner shall inform the vehicle/vessel owner or other authorized person in control of the vehicle/vessel of the name and address of the non-consent tow truck company that has recovered, towed or removed the vehicle/vessel. (c) If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the vehicle/vessel being removed or towed from the property, the vehicle/vessel shall be disconnected from the tow truck and the vehicle/vessel owner or authorized driver/agent shall be allowed to remove the vehicle/vessel without interference upon the payment of a reasonable service fee of not more than one-half (½) of the posted rate for such towing service (drop charge), for which a receipt shall be given, unless that person refuses to remove the vehicle/vessel which is unlawfully parked. The bill/invoice must be presented to the vehicle/vessel owner authorized/driver/agent prior to request for the payment. Non-consent tow truck companies are not authorized to apply a fee in cases where the owner of the vehicle/vessel arrives on the scene prior to a complete mechanical hook-up (road-worthy) between the tow truck and the vehicle/vessel. In the event the owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate same, in addition to the drop charge, the tow truck company/driver is permitted to charge extra time at the scene where law enforcement involvement is necessary and the tow truck driver obtains the name of the law enforcement agency, case number of the law enforcement agency and if possible the name and badge number of the investigating law enforcement officer. The tow truck driver shall also prepare detailed documentation/explanation as to why "extra Palm Beach County Ordinances 153 time at scene" charges were required. All documentation shall be provided to the vehicle/vessel owner or representative upon demand. Such fee shall be approved by resolution of the commission. (Ord. No. 2011-008) Sec. 19-196. Non-consent tow truck company requirements. (a) Non-consent tow truck companies providing services pursuant to this article shall not do so when there is a person occupying the vehicle/vessel. (b) Non-consent tow truck companies providing services pursuant to this article shall transport the vehicle/vessel directly to the storage facility of the tow truck company providing the service, to such other location as a law enforcement officer authorizing the tow may expressly direct, or to a location expressly directed by the vehicle owner or authorized driver/agent. When the vehicle owner or authorized driver/agent expressly authorizes the vehicle to be towed to a location other than the tow truck company storage facility, the tow truck driver must: (1) Provide a "not to exceed" estimate in writing of all the rates and fees that will be assessed for the tow or negotiate a consent-only towing agreement; and (2) Disclose in writing the three methods of payment and come to a mutually agreed time as to how and when the towing company will be compensated. (c) It is a violation of this article for a non-consent tow truck company to keep or stage impounded vehicles/vessels in any temporary area or holding facility prior to the transportation of the vehicle to its approved storage facility. (d) Non-consent tow truck companies which provide services pursuant to this article shall file and keep on record with the division a complete copy of all current rates charged for the recovery, towing or removal of vehicles/vessels and storage provided in connection therewith. Such persons shall also display prominently at each storage facility the following information: signage which identifies the name of the towing company, a schedule of all charges and rates for removal of vehicles/vessels for private property impounds; a statement that these rates do not exceed those rates filed with the division and are in accordance with the provisions of this article and the rights afforded to a vehicle owner or authorized driver/agent pursuant to Florida Statutes. The above information shall be posted prominently in the area designated for the vehicle/vessel owner or authorized driver/agent to transact business. Such area shall provide shelter, safety and lighting adequate for the vehicle/vessel owner or authorized driver/agent to read the posted rate schedule. Further, notice shall be posted advising the vehicle/vessel owner or authorized driver/agent of the right to request and review a complete schedule of charges and rates for towing services for the jurisdiction in which the law enforcement order to tow was made, and that the tow truck company is permitted by the division noting the Division's telephone number, address and business hours. (e) Non-consent tow truck companies shall provide signage on the property clearly visible from the street, (unless otherwise prohibited by local zoning laws) with at least three-inch letters on a contrasting background with the name and phone number of the tow truck company. (f) Non-consent tow truck companies which provide services pursuant to this article shall advise any vehicle/vessel owner or authorized driver/agent who calls by telephone prior to arriving at the storage facility of the following: (1) Each and every document or other item which must be produced to retrieve the vehicle/vessel; (2) The exact charges as of the time of the telephone call, and the rate at which charges accumulate after the call; (3) The acceptable methods of payment; and (4) The hours and days the storage facility is open for regular business. (g) Non-consent tow truck companies which provide services pursuant to this article shall allow every vehicle/vessel owner or authorized driver/agent to inspect the interior and exterior of the towed vehicle upon his or her arrival at the storage facility before payment of any charges (except for "after-hour gate or personal property retrieval fee"). With the exception of vehicles being held pursuant to the specific request or "hold order" of a law enforcement agency, the vehicle/vessel owner or authorized driver/agent shall be permitted to remove the vehicle license tag and any and all personal property inside but not affixed to the vehicle/vessel. A vehicle/vessel owner who shows a government issued photo identification shall be given access to view ownership documents stored in the vehicle/vessel. The vehicle/vessel and/or personal property shall be released to the vehicle/vessel owner if the ownership documents are consistent (name and Palm Beach County Ordinances 154 address) with the photo identification. When a vehicle/vessel owner's government issued identification and ownership documents are stored inside the impounded vehicle due to unforeseen circumstances, the tow truck company shall be required to recover the ownership documents stored in the impounded vehicle (i.e., glove compartment, sun visors, etc.) upon receipt of a vehicle/vessel key, vehicle access code, or electronic device from the vehicle/vessel owner that would allow entry. The vehicle/vessel and/or personal property shall be released to the vehicle/vessel owner if the ownership documents are consistent with the photo identification. (h) Non-consent tow truck companies which provide services pursuant to this article shall accept payment for charges from the vehicle/vessel owner or authorized driver/agent in all the following forms: (1) Cash, money order or valid traveler's check; and (2) Valid bank debit/credit card, which shall include, but not be limited to, MasterCard or VISA, that is in the name of the vehicle/vessel owner or authorized driver/agent; and (3) Valid personal check showing on its face the name and Palm Beach County address of the vehicle/vessel owner or authorized driver/agent. A tow truck company/driver shall not reject any of the above forms of payment. A vehicle/vessel owner or authorized driver/agent shall not be required to furnish more than one (1) government issued form of picture identification when payment is made by valid bank debit/credit card or personal check, and said presentation shall constitute sufficient identity verification. (i) Non-consent tow truck companies which provide services pursuant to this article shall not store or impound a towed vehicle/vessel at a distance which exceeds a ten-mile radius of the location from which the vehicle/vessel was recovered, towed or removed unless no towing company providing services under this section is located within a ten-mile radius, in which case a towed or removed vehicle/vessel must be stored at a site within twenty (20) miles of the point of removal. (j) Non-consent tow truck companies which provide services pursuant to this article shall maintain one (1) or more storage facilities, each of which shall maintain a current Palm Beach County Business Tax Receipt and when applicable a municipal business tax receipt. The business shall be open for the purpose of redemption of vehicles/vessels by owners or authorized drivers/agents on any day that the tow truck company is open for towing purposes from at least 8:00 a.m. to 6:00 p.m., Monday through Friday and, when closed, shall have posted prominently on the exterior of the storage facility and place of business, if different, a notice indicating a telephone number where the tow truck company can be reached at all times. Upon request of the vehicle/vessel owner or authorized driver/agent, the tow truck company shall release the vehicle/vessel to the vehicle/vessel owner or authorized driver/agent within one (1) hour. (k) Non-consent tow truck companies shall not, as a condition of release of the vehicle/vessel, require a vehicle/vessel owner or authorized driver/agent to sign any release or waiver of any kind which would release the tow truck company from liability for damages noted by the vehicle/vessel owner or authorized driver/agent at the time of the vehicle's/vessel's release. A detailed, signed receipt showing the legal name of the tow truck company removing the vehicle/vessel shall be given to the vehicle/vessel owner or authorized driver/agent at the time of payment, whether requested or not. (l) Nothing in this article shall prevent the sheriff or any municipality within the county from providing additional or more restrictive requirements in contracts or arrangements which authorize the recovery, towing or removal of vehicles/vessels or storage provided in connection therewith. (m)Non-consent tow truck companies which provide services pursuant to this article shall release vehicles/vessels towed or removed to the vehicle/vessel owner or authorized driver/agent provides proof of ownership documents. Proof of ownership documents shall include: (1) Current vehicle registration; (2) Vehicle title; (3) An authorized driver/agent with a notarized release from the vehicle/vessel owner or lien holder. Vehicle/vessel owners have the right to identify/approve designated agents to claim vehicles on their behalf. A facsimile or electronic transfer of a notarized release statement from the vehicle/vessel owner shall be accepted; (4) Insurance card with the vehicle/vessel owner's information and vehicle description; (5) Licensed dealer in possession of an auction buyer's sales invoice; and/or (6) A notarized bill of sale for non-titled vehicles or vessels. (n) Non-consent tow truck companies which Palm Beach County Ordinances 155 provide services pursuant to this article shall make a "good faith effort" to locate the vehicle/vessel owner or lien holder. For the purposes of this paragraph and subsection, a "good faith effort" means that the required steps have been performed by the tow truck company according to Florida Statutes, § 713.78(4)(c) and (d). Failure to make a "good faith effort" to comply with the notification requirements of this section shall preclude the imposition of any storage charges against such vehicle or vessel. (o) Non-consent tow truck companies which provide services pursuant to this article and found to be in violation of this article relating to a specific non-consent tow shall be required to reimburse the vehicle/vessel owner all illegal or over charges related to that towing incident. Failure to reimburse the owner of the vehicle/vessel in such cases is a violation of this article. (p) Any non-consent towing company that has an unusable storage yard or has been evicted from its storage yard is subject to having its operating permit suspended. (q) Any tow truck driver in the process of transporting a junked vehicle (as defined in Florida Statutes, § 319.30) to a licensed salvage motor vehicle dealer and who is employed by, working for or operates a nonconsent towing company, must have physical possession of a derelict motor vehicle certificate, transferred title or certificate of destruction for such vehicle. (r) It shall be a violation of this article for any non-consent towing company to fail to respond in writing within ten (10) business days to any written inquiry or request for information from the division or any law enforcement agency. (Ord. No. 2011-008) Sec. 19-197. Consent-only tow truck company requirements. (a) It shall be a violation of this article for any tow truck company that has been issued a consent-only towing operating permit to perform non-consent towing services. (b) Consent-only tow truck companies providing services pursuant to this article shall not do so when there is a person occupying the vehicle/vessel. (c) Consent-only tow truck companies providing services pursuant to this article shall transport the vehicle/vessel directly to the location specified by the vehicle owner or duly authorized agent. (d) It shall be a violation of this article for any consent-only towing company to fail to respond in writing within ten (10) business days to any written inquiry concerning public safety from the division or any law enforcement agency. (Ord. No. 2011-008) Sec. 19-198. Maximum non-consent towing and storage rates for non-consent tow services. (a) The commission shall, by resolution establish maximum rates, as may be amended from time to time, for nonconsent towing services as follows: (1) Towing service per call, which shall include the first thirty (30) minutes that the tow truck is actually on the scene engaged in the safe removal of a vehicle/vessel. (2) Mileage (per towed mile) according to Florida Statutes, § 715.07. (3) Storage may be charged only after the vehicle has been in the storage facility for at least six (6) hours. If the vehicle was not recovered by the vehicle/vessel owner or authorized driver/agent after the six-hour time period has elapsed, then storage charges shall accrue in twenty-four-hour increments from the time the vehicle/vessel arrived in the storage facility and: a. The police agency has authorized the vehicle/vessel to be impounded; or bThe appropriate police agency has been notified by the tow truck company that the tow truck company is in possession of a vehicle/vessel as a result of a private property impound. (4) Indoor storage rates may only be charged upon the express direction and written authorization of the owner/authorized driver/agent, lien holder, insurance company representative or investigating police agency. The only exceptions to this rule are: a. When the condition of the vehicle requires indoor storage due to inclement weather conditions or the vehicle's window(s) and/or convertible top is down and cannot be raised and indoor storage is necessary to protect the vehicle and its contents; or b. When a municipal or county jurisdiction require indoor storage for towed vehicles. (5) An administrative/lien fee shall only be charged after the vehicle/vessel has been in the storage facility for at least twenty-four (24) hours and: a. The police agency has authorized the vehicle/vessel to be impounded; or bThe police agency has been notified by the tow truck company that the tow truck company is in possession of a vehicle/vessel as a result of a private property impound. Palm Beach County Ordinances 156 c. The non-consent tow truck company must show proof that lien letter(s) have been prepared with the appropriate names/addresses (i.e., U.S. Mail certification number, correspondence copies, etc.) and that actual fees for obtaining required ownership information have been expended. Failure to document and provide all of the above required information will result in administrative/lien fee charges being removed from the total cost of the service/invoice and is a violation of this article. (6) Underwater recovery performed by a certified/professional diver with the written documentation and approval of the investigating law enforcement agency/officer. (7) Hazardous material clean-up and disposal as required, mandated and/or licensed through federal, state or local laws and approved by the investigating law enforcement agency/officer. (8) After-hour gate fees may not be applied between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday (excluding federal holidays). For all other times, after-hour gate fees may not be applied until six (6) hours after a vehicle has been impounded in the company's storage facility. Applicable after-hour gate fees may also be applied when an owner or authorized driver/agent wishes to recover property from an impounded vehicles/vessel. (9) Extra time at scene/labor charge may be applied when any extra time beyond one-half (½) hour, is needed to safely remove a vehicle or vessel and includes the amount of time spent at a scene when a tow truck has been summoned and is on scene but unable to proceed through no fault of the tow truck operator. All extra time/labor shall be documented by the tow truck driver and shall include the name of the law enforcement agency and the law enforcement agency case number or the officer's name and badge number. The documentation shall also include a detailed explanation of the services rendered which necessitated the charges and if possible photographs of the scene. Extra time shall be charged in fifteen-minute increments. Failure to document and provide all of the above required information will result in the extra time/labor charges being removed from the total cost of the service/invoice and is a violation of this article. (b) All rates established shall be uniform throughout Palm Beach County both in the incorporated and unincorporated areas, except where municipalities have established differing maximum rates for their jurisdictions. From time to time, the rates established by the commission may be revised in accordance with a rate study. (c) Persons who provide services pursuant to this section shall not charge in excess of the maximum allowable rates established by the commission. No person providing services pursuant to this section shall charge any type of fee other than the rates for which the commission has specifically established. Tow truck companies which tow vehicles/vessels from Palm Beach County into another county shall abide by the terms of this article including all rates and charges adopted by the commission. (d) Tow truck companies which provide services pursuant to this section shall display on the same sign as the rate schedule required by this article the following statement: To The Vehicle/Vessel Owner - If you believe that you have been overcharged for the services rendered, you do not have to pay your bill to get your vehicle/vessel. Instead, you have the right to post a bond in the Circuit Court, payable to (name of Tow truck Company), in the amount of the final bill for services rendered, and to file a complaint within ten (10) days of the time you have knowledge of the location of the vehicle/vessel. The Court will decide later who is correct. If you show (name of Tow truck Company) a valid Clerk's certificate showing you have posted a bond, (name of Tow truck Company) must release your vehicle/vessel to you immediately. This remedy is in addition to other legal remedies you may have. Section 713.76 and Section 713.78, Florida Statutes. If you have a complaint about the way services were provided, you may call the Palm Beach County Consumer Affairs Division, (561) 712-6600. (e ) Each tow truck company shall maintain, on a form approved by the division, a rate sheet specifying all rates and charges, which shall be given by the tow truck driver to the requesting vehicle/vessel owner or his authorized driver/agent prior to commencing the service. (Ord. No. 2011-008) Sec. 19-199. Tow truck driver requirements; failure to comply. (a) It shall be unlawful for any person to operate any tow truck within and upon the streets of Palm Beach County without having first obtained a county tow truck driver's identification badge (tow driver's I.D. badge). All applicants for a tow driver's I.D. badge shall conform to the following: (1) Be at least eighteen (18) years of age; (2) Possess a valid State of Florida Driver's License (with photo depicting the driver) as required by the Florida Department of Highway Safety and Motor Vehicles and must show proof that he/she has possessed a valid driver's license from any state within the United States for three (3) years (two (2) Palm Beach County Ordinances 157 years for drivers younger than twenty-one (21) years old) prior to applying for a tow driver's I.D. badge. If a person has not driven for three (3) years in the United States, he/she must obtain the driving record from any other jurisdictions where he/she did drive or if he/she is unable to obtain the driving record, must sign an affidavit under penalty of perjury that he/she has no driving record which would prevent him/her from driving a tow truck in Palm Beach County, Florida; (3) The driver must provide the original form of his/her lifetime State of Florida Department of Highway Safety and Motor Vehicles traffic/driving record report to the division which was secured no more than thirty (30) days before the application/renewal was submitted, only if the division is unable to secure this required information. Upon initial application, if a driver has resided in Florida less than five (5) consecutive years, a traffic/driving record/history from each state where he/she previously resided must be provided for at least a five-year period; (4) Has not had more than three (3) separate incidents involving moving violations in any twelve-month period in the previous three (3) years prior to the initial application or renewal of a tow driver's I.D. badge in which the applicant pled guilty, was found guilty; or (5) Has not been classified as a habitual traffic offender (as defined by Florida Statutes) or as defined by the state where he/she previously resided within five (5) years of applying for a tow driver's I.D. badge and was not previously issued a tow driver's I.D. badge by the division; (6) Upon initial application or renewal, the driver must provide the original request form for his/her Florida Department of Law Enforcement (FDLE) criminal history/records report to the division, as well as payment for the amount required to secure the criminal history/records report. The division shall then be responsible for processing the request and payment to the FDLE. The division may conduct additional criminal history/records reports of other states/jurisdictions as deemed appropriate. The division may require an applicant to submit to a finger print analysis if there is a question of identity. The commission may approve a different means of securing the required criminal history/records should an alternative agency/system be discovered that provides more complete information than that provided by the FDLE. (7) Have no conviction or plea of guilty or nolo contendere, within the preceding five (5) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated. (8) Have no more than one (1) conviction or plea of guilty or nolo contendere, within the preceding ten (10) years from the date of application for any offense related to driving a motor vehicle under the influence or while intoxicated. (9) Have no more than two (2) traffic citations resulting from accidents in the three (3) years preceding the date of the current permit year wherein the driver has been found guilty. (10) Have no more than two (2) convictions of first degree misdemeanor traffic crimes including but not limited to the following: reckless driving, careless driving and racing in the three (3) years preceding the date of the current permit year wherein the driver has been found guilty. (11) Not found by the division to have a lack of reputability as provided herein. For the purposes of this article, lack of reputability shall mean that the division cannot trust the applicant to safeguard the welfare and property of the public. Lack of reputability shall include, but not be limited to, the following: a. Conviction of any felony not considered a Level 1 felony, as provided in Rule 9, Florida Governor Rules of Executive Clemency, as the rules may be amended from time to time, and wherein the applicant's civil rights have not been restored. b. Conviction of any Schedule 1 Level felony as provided in Rule 9, Florida Rules of Executive Clemency as the rules may be amended from time to time that occurred less than five (5) years from the date of conviction or release from incarceration (whichever is later) wherein the applicant's civil rights have not been restored. c. Notwithstanding the provisions of subsections a. and b. above, conviction of any felony that is directly related to operating a non-consent or consent towing business or vehicle, regardless of whether the applicant's civil rights have been restored or remained intact. For the purposes of this article, any offense involving fraud, forgery, theft, perjury or false statement shall be considered to be directly related to the business of operating a towing vehicle. d. Conviction of any first degree misdemeanor that is directly related to a non-consent or consent towing business or vehicle regardless of whether the applicant's civil rights have been restored or remained Palm Beach County Ordinances 158 intact, For the purposes of this article, any offense involving fraud, forgery, theft, perjury or false statement shall be considered to be directly related to the business of operating a towing company. e. Responding to a call while under the influence of alcohol or any controlled substance, based upon a finding made by law enforcement. f.Tow truck drivers with valid tow truck driver I.D. badges at the time this amended article was approved may continue to be eligible for issuance of a tow truck driver I.D. badge in future renewals as long as there are no additional crimes or reputability issues as referenced above. (12) A tow truck driver with a current I.D. badge is required to notify the division within ten (10) business days upon being convicted of any crime. The division may initiate denial, revocation or suspension proceedings for lack of reputability issues and criminal convictions as provided in this subsection which arise subsequent to the issuance of a tow driver's I.D. badge. (13) Applicants shall have no unsatisfied civil penalties, judgments or administrative orders pertaining to this article. (14) Every application or renewal application for a tow driver's I.D. badge and application for amendment of a tow driver's I.D. badge, shall be in writing and signed by the applicant and shall be filed with the Palm Beach County Division of Consumer Affairs on a form provided by the division together with the nonrefundable tow driver's I.D. badge fees which shall not be subject to proration. Each tow driver's I.D. badge shall be valid for a two-year period and shall be renewed every other year on the applicant's date of birth. The division may deny or revoke a tow driver's I.D. badge if it is determined that the applicant has misrepresented, omitted, or concealed a fact on the application, renewal application or replacement application. If the tow driver's I.D. badge is denied, the DCA shall not accept an application for said tow driver's I.D. badge for one (1) year from the date the badge is denied. If the tow driver's I.D. badge is revoked, the DCA shall not accept an application for said tow driver's I.D. badge for one (1) year from the date the badge is revoked. Any person renewing a tow driver's I.D. badge must file a renewal application, furnish the documentation requested by the division, and submit payment for the required nonrefundable renewal fee(s) not more than ninety (90) days before the expiration date of a tow driver's I.D. badge. Persons who fail to reapply for their tow driver's I.D. badge thirty (30) days prior to expiration, risk having a gap in their authorization to drive a tow truck. Persons who fail to submit their renewal application, required documentation and fees by the expiration date of the tow driver's I.D. badge must pay a nonrefundable late fee, over and above the tow driver's I.D. Badge fee. Any applicant who fails to submit a renewal application within one (1) year of the expiration of a current badge will be considered a new applicant when reapplying and no grandfathered provisions will apply. Said fees shall be established by resolution of the commission; (15) Shall submit to photographing (full face exposure/without sunglasses or head coverings) prior to the issuance of the tow driver's I.D. badge by the division; (16) Complete the tow driver's I.D. badge registration affidavits provided by the division; (17) Not possess a suspended or revoked driver's license as a result of a moving violation or have any outstanding and unsatisfied civil penalties, citations or judgments imposed due to violations of this article; (18) Not violate the terms of a cease and desist order, assurance of voluntary compliance, notice to correct a violation or any other lawful order of the director; (19) Not be enjoined by a court of competent jurisdiction from engaging in the towing business or was enjoined by a court of competent jurisdiction with respect to any of the requirements of this article; (20) Have no conviction or plea of guilty or nolo contendere in any military or foreign jurisdiction, federal, state, county or municipal jurisdiction within the United States for violations analogous or parallel to those violations enumerated in all sections herein. (b) The driver of a tow truck shall conspicuously display on the driver's person through the use of a neck lanyard, or above the waist on the outermost garment, the tow driver's I.D. badge issued pursuant to this article so that it is visible and available for inspection to the public, division personnel and all law enforcement officials while engaged and on duty for a tow truck company. (c) Each tow driver's I.D. badge shall be developed by the division. Each driver's I.D. badge shall, at a minimum, contain the name of the driver, date of expiration, photo of the driver, and such additional terms, conditions, provisions and limitations as were imposed during the approval process. Each company Palm Beach County Ordinances 159 for which a driver will be driving must submit an affidavit (on a form prepared by the division) or documentation from the insurance company (fax acceptable) that the driver is eligible to be insured under the company's insurance policy. (d) The division may issue a replacement tow driver's I.D. badge to any driver upon payment of a nonrefundable replacement fee, presentation of proof or a sworn affidavit that the driver's I.D. badge has been lost, stolen or for any other valid reason, and any other documentation or requirement requested by the division. The replacement fee shall be established by resolution of the board. (e) It shall be unlawful for any person to drive a tow truck unless such person has a valid tow driver's I.D. badge issued pursuant to this section. (f) It shall be unlawful for any person to drive a tow truck for any tow truck company which has not been granted an operating permit pursuant to section 19-184 (operating permit required). (g) It shall be unlawful for any applicant for a tow driver's I.D. badge to misrepresent, omit or conceal a fact on the application, renewal application or replacement application. (h) Upon submission of the application, the division shall provide the driver with a receipt. No applicant shall be permitted to drive a tow truck in Palm Beach County until the division has issued to him/her a tow driver's I.D. badge. The division shall provide the tow driver's I.D. badge within ten (10) business days following the submittal of the application and all required documents. In the event the official criminal background records furnished to the division are insufficient and additional information is necessary, the division shall be permitted an additional twenty (20) business days to issue the driver's I.D. badge. The division will process applications on a more timely basis when the required certified/original criminal and driving background records are submitted with the initial application and an additional rush fee is paid to the division. Such fee must be approved by the commission. (i) Non-consent tow truck drivers must be hygienically clean, well groomed and neat. Drivers are not permitted to wear open toed shoes and must comply with all state and federal (e.g., O.S.H.A.) safety regulations. Non-consent tow truck drivers are not permitted to wear uniforms purporting to be from a different company or business than the one they actually work or drive for. Failure to abide by these requirements is a violation of this article. (j) Non-consent tow truck drivers shall not use abusive language or be discourteous to consumers or division personnel. (k) Non-consent tow truck drivers must be able speak and understand English to the extent they can take instruction from law enforcement officers and consumers and complete manifests or invoices. (l) Drivers shall cooperate fully at all times with the division in the furnishing of information required in connection with requests for proof of driver's license, vehicle insurance and/or tow driver's I.D. badge, during the process of applying to renew a tow driver's I.D. badge, and during investigations of consumer complaints. Further, drivers shall not obstruct, hamper or interfere with an investigation of violations of this article conducted by division personnel, any law enforcement officer or employee of any other agency enforcing this article. (m)No person maintaining, owning, or operating a towing company shall suffer or permit any person or employee to drive a tow truck unless such person has a valid tow driver's I.D. badge issued pursuant to this article. This paragraph shall not apply to a towing company which is training a prospective driver. Such prospective driver must be accompanied by and working under the direct supervision of a company employee who is in possession of a valid tow driver's I.D. badge. (n) Failure to comply with the provisions of this section may result in the division denying a tow driver I.D. badge, revoking or suspending the tow driver's I.D. badge, denying a renewal of such tow driver's I.D. badge, issuing a civil citation, a misdemeanor conviction or other such remedies available to the division herein. (Ord. No. 2011-008) Sec. 19-200. - Fraudulent transfer of tow truck company. A transfer of a tow truck company to a successor company shall be deemed a fraudulent transfer if said transfer is made by the tow truck company for the purpose of evading permit fees or civil penalties issued pursuant to this article. In determining intent to defraud, consideration may be given among other factors to, whether: (a) The transfer was to an insider; (b) The tow truck company retained possession or control of the property transferred after the transfer; (c) The transfer was disclosed or concealed; (d) Before the transfer was made or Palm Beach County Ordinances 160 obligation was incurred, the tow truck company had been sued or threatened with suit; (e) The transfer was of substantially all the tow truck company's assets; (f) The value of the consideration received by the tow truck company was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (g) The tow truck company was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (h) The transfer occurred shortly before or shortly after substantial permit fees or civil penalties were incurred; and (i) The tow truck company transferred the essential assets of the business to a lienor who transferred the assets to an insider of the tow truck company. (j) It shall be a violation of this article for a tow truck company to fraudulently transfer a tow truck company. (Ord. No. 2011-008) Sec. 19-201. Deceptive and unfair trade practices. No person shall engage in any unfair method of competition, unconscionable acts or practices or unfair or deceptive acts or practices in the conduct of towing services. A tow truck company engages in an unfair method of competition or unfair or unconscionable acts or deceptive practices when in the course of his or her business, vocation or occupation, he or she knows or in the exercise of care should know, that he or she in the past engaged or is now engaging in any unfair method of competition or unconscionable acts or practices or unfair or deceptive acts or practices in the conduct of any towing services. (Ord. No. 2011-008) Sec. 19-202. - Cease and desist order. (a) If the division, after due investigation, has reason to believe that a tow truck company has been or is violating any of the provisions of this article, then the division may cause to be served by personal service, certified mail or posting in a conspicuous place at the tow truck company's place of business, a demand to cease and desist, stating the charges and shall incorporate and set out the following: (1) The name of the complainant; (2) The alleged charge and approximate date of the commission of the act; (3) The section of the article alleged to be involved. (b) Any tow truck company which has been issued a cease and desist order by the division may appeal such order to the consumer affairs hearing board/hearing officer within twenty (20) days of receipt of the order. A nonrefundable filing fee must accompany the written request for appeal. The filing fee shall be established by resolution of the commission. The appeal shall be reviewed at a hearing of the consumer affairs hearing board/hearing officer within sixty (60) days of receipt by the division of the request for appeal. (c) The board shall keep a full record of the hearing, which record shall be public and open to inspection by any person, and upon request, the board shall furnish such party a copy of the hearing record, at such cost as the commission deems appropriate. (d) Procedure at hearings. At the hearing, the tow truck company may be represented by counsel and may bring all original documents and other data pertinent to the case; and will be given an opportunity to present witnesses and evidence he or she may deem appropriate. (e) The consumer affairs hearing board/hearing officer shall hear the cases on the agenda. All testimony shall be under oath or by affirmation and shall be recorded. Each case before the consumer affairs hearing board/hearing officer shall be presented by the division. The consumer affairs hearing board/hearing officer shall take testimony from county staff, if relevant, the alleged violator, and other relevant testimony. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings. Upon determination of the chairperson, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, including hearsay evidence, whether or not such evidence would be admissible in a trial in the courts of Florida. Due regard shall be given to the competent, reliable and technical evidence which will aid the consumer affairs hearing board/hearing officer in making a fair determination of the matter, regardless of the existence of any common law or statutory rule which might otherwise make improper the admission of such evidence. (f) Any member of the consumer affairs hearing board/hearing officer or the attorney representing the division may inquire of or question any witness before the consumer affairs hearing board/hearing officer. The alleged violator, or his/her attorney, shall be Palm Beach County Ordinances 161 permitted to inquire of any witness before the consumer affairs hearing board/hearing officer. The right to cross examine witnesses shall be preserved. (g) At the conclusion of the hearing, the consumer affairs hearing board/hearing officer shall orally render its decision (order) based on evidence entered into the record. The decision shall be by motion approved by the affirmative vote of those members present and voting. The consumer affairs hearing board/hearing officer's decision shall be transmitted to the tow truck company in the form of a written order including finding of facts, and conclusion of law consistent with the record. The order shall be transmitted by certified mail/hand delivery/posting to the tow truck company within ten (10) days after the hearing. The order may include a notice that it must be complied with by a specified date. (h) Any person may appeal a final determination of the consumer affairs hearing board/hearing officer within thirty (30) days of the rendition of the decision by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. (Ord. No. 2011-008) Sec. 19-203. Assurance of voluntary compliance. (a) In the enforcement of this article, the division may accept an assurance of voluntary compliance with respect to any method, act, or practice deemed to be violative of law from any person who has engaged, or was about to engage in, such method, act, or practice. Any such assurance shall be a formal written agreement between the division and the tow truck company, approved as to form and legal sufficiency by the county attorney's office, and filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit. Such assurances of voluntary compliance may be conditioned on a commitment to reimburse consumers or any other appropriate corrective action such as the payment by the tow truck company of the costs of the investigation by the division. An assurance of voluntary compliance is not evidence of prior violation of this part, however, unless an assurance of voluntary compliance has been rescinded by agreement of the parties or voided by the court for good cause, subsequent failure to comply with the terms of an assurance of voluntary compliance shall be deemed prima facie evidence of a violation of this article. No such assurance of voluntary compliance shall act as a limitation upon any action or remedy available to a person aggrieved by a violation of this article. (b) Every tow truck company desiring to negotiate an assurance of voluntary compliance shall be apprised of his or her right to have his or her case heard by the consumer affairs hearing board/hearing officer in the event he or she does not wish to enter into such assurance of voluntary compliance. Such procedures shall be in accordance with the hearing procedures provided in section 19-207. (Ord. No. 2011-008) Sec. 19-204. Enforcement and penalties: civil and criminal. (a) It shall be unlawful for any person to violate any of the provisions of this article. This article shall be enforced by personnel authorized by the division, county code enforcement officials, the police agencies of the various municipalities in Palm Beach County and by the Palm Beach County Sheriff's Office. When specifically authorized by the director, this article may be enforced by other Palm Beach County personnel. (b) Persons who provide services pursuant to this article shall not use physical force or violence or threats of physical force or violence in dealing with the individuals responsible for administering this article or individuals who have had or are about to have their vehicles/vessels recovered, towed or removed or stored in connection therewith. (c) The county court shall have jurisdiction over all violations of this article. (d) The division shall maintain a system by which violators are given citations or written notice of all violations. The county clerk shall accept designated fines and issue receipts therefore. (e) The division is authorized to enforce the provisions of this article by administrative fines not to exceed five hundred dollars ($500.00) for each violation. Any person who has violated any provision of this article shall be fined an amount as established by the commission by resolution. Each day of a continuing violation shall be deemed a separate violation. (f) Payment shall be made, either by mail or in person, to the violations bureau within the time specified upon the citation. If a person follows these procedures and makes payment, he shall be deemed to have admitted to the infraction and to have waived his/her right to a hearing on the issue of the commission of the infraction. (g) All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal law Palm Beach County Ordinances 162 enforcement officers, which shall be remitted by the clerk of the court directly to the municipality issuing the citation) shall be paid into the county treasury and deposited into the designated fund for the division. All mandatory costs as required by statute shall be assessed against every person convicted of a violation of this article. (h) Any person who fails to make payments within the time period specified on the citation shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation and shall appear before the county court. (i) Any person who elects to appear before the court to contest the citation shall be deemed to waive his/her right to pay the civil penalty. The court, after a hearing, shall make a finding as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs. (j) If a person fails to pay the civil penalty or fails to appear in court to contest the citation, s/he shall be deemed to have waived his/her right to contest the citation and, in such case, a default judgment shall be entered and the judge shall impose a fine. At that time an order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty of five hundred dollars ($500.00) plus court costs. (k) Any person who refuses to sign and accept a citation issued pursuant to this article shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statutes, § 775.082, 775.083 or 775.084. (l) The division may require mandatory court appearances for violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (Ord. No. 2011-008) ARTICLE X. CURBSTONING Sec. 19-251. Title. This article shall be titled the "Palm Beach County Curbstoning Ordinance." (Ord. No. 2015-036 § 9-22-15) Sec. 19-252. Authority. This article is adopted pursuant to the authority granted to charter counties under Article VIII, Section 1(g) of the Florida Constitution, F.S. ch. 125, Article 1 of the Palm Beach County Home Rule Charter and F.S. § 316.1951. (Ord. No. 2015-036 § 9-22-15) Sec. 19-253. Applicability. All provisions of this article shall be applicable within the unincorporated areas of Palm Beach County and in all municipalities within Palm Beach County that elect to have this article apply within their respective jurisdictions. (Ord. No. 2015-036 § 9-22-15) Sec. 19-254. Definition. "Curbstoning" is a term given to the practice of buying and selling automobiles without a motor vehicle dealer license and legally established place of business. Curbstoners usually park and display their vehicles for sale in high traffic locations. Often these locations are on rights-of-way, utility or pipeline easements, at gas stations, at convenience stores, at supermarket parking lots, at public parking lots or other locations with high volumes of traffic. (Ord. No. 2015-036 § 9-22-15) Sec. 19-255. Prohibited acts; exceptions. (a) It is unlawful for any person to park a motor vehicle, as defined in F.S. § 320.01, upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by law and the person is in compliance with all state and County licensing regulations. (b) A vehicle displayed for sale by a licensed dealer at any location other than the dealer's licensed location or off premises location for which a supplemental license has been issued is subject to immediate removal without warning. (c) It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this subsection is subject to immediate removal without warning. (d) It is unlawful to knowingly attach to any motor vehicle registration that was not assigned or lawfully transferred to the vehicle. A vehicle found in violation of this subsection is subject to immediate removal without warning. (e) It is unlawful to display or offer for sale a Palm Beach County Ordinances 163 vehicle that does not have a valid registration. A vehicle found in violation of this subsection is subject to immediate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions. (f) A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three (3) or more vehicles offered for sale within a twelve-month period. (g) This article shall not be construed to prohibit a person from parking his or her own motor vehicle on any private real property that the person owns or leases or on the public street immediately adjacent thereto for the principal purpose and intent of sale, hire or rental. (Ord. No. 2015-036 § 9-22-15) Sec. 19-256. Impoundment; fees and penalties. (a) Notwithstanding Chapter 19, Article VIII, section 19-194 of the Palm Beach County Code (the "Tow Truck Ordinance of Palm Beach County"), a Palm Beach County code enforcement officer or his/her designee or a Palm Beach County sheriff's deputy may cause to be immediately removed at the owner's expense any motor vehicle found in violation of this article. The owner of the motor vehicle shall be assessed a penalty of five hundred dollars ($500.00) by the County and shall be responsible for all towing and storage fees reasonably necessitated by removal and storage of the motor vehicle. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility until the penalty has been paid to the County, a release form prescribed by the County has been completed and all towing and storage fees have been paid. However, the owner may pay the towing and storage fees to the towing and storage facility before payment of the penalty or before the release form has been completed. (b) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in F.S. ch. 318. (Ord. No. 2015-036 § 9-22-15) Sec. 19-258. Enforcement. This article is enforceable by all means provided by law. Additionally, the County may choose to enforce this article by seeking injunctive relief in the Circuit Court of Palm Beach County. (Ord. No. 2015-036 § 9-22-15) Chapter 20 NUISANCE ABATEMENT Repealed by Ord 2014-21. Chapter 21 PARKS AND RECREATION Sec. 21-16. Short title. This article may be cited as the "Palm Beach County Parks and Recreation Ordinance." (Ord. No. 04-022) Sec. 21-17. Authority of the director of parks and recreation. Subject to the direction of the board of county commissioners or the county administrator, all powers, duties and authorities relating to the operation of the Palm Beach County Parks and Recreation system for the board of county commissioners, are vested in the director of parks and recreation unless specifically vested elsewhere by the provisions of this article. In the absence of the director of parks and recreation or the director's designee, a supervisor over the director of parks and recreation, or an individual specifically appointed by the county administrator, may assume the powers, duties, and authority vested by this section. (Ord. No. 2011-003) Sec. 21-18. Definitions. The following terms when used in this article shall have the meanings ascribed to them in this section: (a) Beach, water area, waterparks or pool. Any beach, water area, waterpark or pool designated by the board of county commissioners as such, within any park property, either on the ocean or inland, including the actual sand beach, if any, used for swimming and wading. (b) Department. The term "the department" when used herein is defined as the Palm Beach County Parks and Recreation Department. (c) Director. The terms "director" or "parks director" when used hereinafter are defined as the director of the Palm Beach County Parks and Recreation Department. (d) Assistant director. The term assistant director when used hereinafter is defined as the Assistant Director of the Palm Beach County Parks and Recreation Department. This position shall serve as the director's designee. (e) Exotic animal. A non-native animal species that occurs in South Florida, as a result of direct or indirect, deliberate or accidental actions by humans. (f) Native animal. An animal species that occurs naturally in or is indigenous to South Florida. (g) Park. The terms "park", "parkways", Palm Beach County Ordinances 164 "recreational areas", "natural areas", "marinas" and "areas operated and maintained by the department" may include, but are not limited to, parks, wayside parks, parkways, playgrounds, recreation fields, open green spaces, golf courses, community centers, recreation centers, amphitheaters, museums, auditoriums, ranges, lakes, streams, canals, lagoons, waterways, pools, waterparks, water areas located on inland and coastal areas including park property located within or adjacent to the waters of the Atlantic Intracoastal Waterway, Lake Worth Lagoon, and Atlantic Ocean, and beaches therein and all grounds, water areas, buildings and structures in Palm Beach County which are under the control of or assigned for upkeep, maintenance or operation by the department. (h) Parking area. Any designated part of any park road, drive or area that is designated for the standing or stationing of any vehicles. (i) Park property. The term park property is defined to cover all areas, grounds, buildings, locations and facilities described in the definition for "park". (j) Permit. The term "permit" means a document or certificate provided by the department granting permission for use of reserved park/facility areas and which sets forth terms and conditions applicable thereto. (k) Person. The word "person" includes natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. (l) Vehicle. The term "vehicle" means any wheeled conveyance (except a baby carriage or wheelchair) for transportation of persons or materials whether: (1) powered or drawn by motor such as an automobile, truck, motorcycle, scooter, minibike, or recreational vehicle; (2) animal-drawn such as a carriage, wagon, or cart; (3) self-propelled such as a bicycle, tricycle, or skateboard; or (4) towed such as a trailer of any size, kind or description. "Vehicle" does not include any recreational or park transportation service operated or authorized by the department. (Ord. No. 2011-003) Sec. 21-19. Regulation of vehicles within parks. (a) All applicable state or local vehicle laws are enforceable within park property. (b) All law enforcement officers shall direct traffic and enforce all motor vehicle, traffic and parking laws of this county including the Palm Beach County Parking Ordinance, codified in chapter 19 of the County Code, as may be amended, and enforce all rules and regulations set forth by the department within park property. Park personnel, authorized and designated by the director, may direct traffic and enforce the rules and regulations set forth by the department within park property. (c) The director shall determine and all persons shall carefully observe and obey all traffic signs indicating speed, direction, caution, stopping, or parking, and all other signs posted for proper control and the safeguarding of life and property. (d) Notwithstanding subsection (a) above, where a public road traverses a county park, said road shall be open to all through traffic permitted on any county road or highway, but such through traffic shall conform to park speed and traffic regulations. (e) No person driving, operating, controlling or propelling any vehicle whether motorized, animal drawn, or self-propelled, shall use any other than the regularly designated paved or improved park roads, pathways, trails, or driveways, except when directed to do so by a law enforcement officer or department employee or by official signs or markings. No driver or operator of any vehicle shall obstruct traffic or stop on any road or driveway except those places so designated. (f) No person shall park a vehicle on park property at any place other than in the regular designated facilities provided for that particular type of vehicle, unless directed otherwise by a law enforcement officer or department employee or by official signs or markings. No driver or operator of any vehicle shall park on any road or driveway except those places so designated. No driver or operator of any vehicle shall leave a vehicle parked on any road, driveway or park property after posted closing hours. (g) No truck, commercial vehicle or bus shall be driven on any restricted service road or property without prior authorization from the Department for the purpose of park work, service, or activities. (h) No person shall ride, drive or propel any bicycle, motorcycle, all-terrain vehicle (ATV), scooter, minibike or similar vehicle on any but the regular vehicle roads except for those areas designated for such a specified use. The designated bicycle trails shall be used only by pedestrians and bicycles and other vehicles propelled by human power. It is expressly provided that no vehicles, motorcycles, scooters, minibikes, or similar vehicles shall be ridden on the designated nature trails and horse trails located within Palm Beach County Ordinances 165 Palm Beach County parks. No person shall deviate from compliance with all applicable vehicle laws and regulations governing the operation of the above vehicles while on park property. (i) No person shall change parts, repair, wash or grease a vehicle on any park roadway, parkway, driveway, parking lot or other park property. No driver of a vehicle using gasoline or any other explosive mixture as the source of power shall at any time fail to use an adequate muffler or sound deadening device. (Ord. No. 2011-003) Sec. 21-20. Buildings and other property. (a) No person shall willfully mark, deface, injure in any way, displace, remove or tamper with any park buildings, bridges, tables, benches, fireplaces, railings, paving, water lines or other public utilities or parts of appurtenances thereof, park signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures of equipment, facilities or park property or appurtenances whatsoever, either real or personal. (b) No person shall dig, move or remove from any park area any beach sand, soil, rocks, stones, trees, shrubs, whether submerged or not, or plants, down-timber, or other wood or materials, or make any excavation by tool, equipment, or other means, or construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such land, or affix any materials to any park property, except with the prior written approval of the director. (c) No person shall excavate or remove any artifact from any archeologically sensitive areas with particular concern to Native American burial grounds and living sites. (Ord. No. 04-022) Sec. 21-21. Fire. No person shall build or attempt to build any fire within any park property except in such areas where fireplaces or grills are provided and under such regulations as are or may be specifically set forth by the director. No person shall drop, throw, or otherwise deposit lighted matches, burning cigarettes or cigars, or other flammable material within any park property. (Ord. No. 04-022) Sec. 21-22. Plant and wildlife protection and preservation. (a) Within any park, no person shall cut, carve, or injure the bark or break off limbs or branches or pick the flowers or seeds, of any tree, plant or shrub, nor shall any person dig in or otherwise disturb grass areas, or install any vegetation, or in any other way injure or impair the natural beauty or usefulness of any area, nor shall any person pile debris or material of any kind on or about any tree or plant, or attach any rope, wire, or other contrivance therein, whether temporary or permanent in character or use, without prior approval by the director. No person shall tie or hitch any animal to any tree or plant within park property. (b) No person shall remove, molest, harm, frighten, kill, trap, hunt, chase, shoot or throw any object at any animal, nor shall any person remove or possess the eggs, nests or young of any wild animal whether alive or dead without prior approval from the director. (c) It shall be unlawful for any person to knowingly interfere with or damage any humane animal trap owned by the department, or another county department or agent, or to molest or release any animal caught therein. (Ord. No. 04-022) Sec. 21-23. Control of nuisance animals. (a) The introduction, by any person, of any exotic animal or the abandonment, or leaving of any animal in a county park is strictly forbidden. (b) The feeding by any person, of any exotic or native animal in a county park is hereby strictly forbidden unless specifically authorized by the department director. (c) Exotic animals, with the exception of those authorized by the director, roaming free in county parks are hereby declared a nuisance. The director has the authority to establish processes and procedures to control, and remove from the park, species that are declared to constitute a nuisance. (d) The director is hereby authorized to declare certain native species, located in identified parks, to constitute a nuisance. Native species shall be determined to be a nuisance when the director deems that the number, location, behavior or other characteristic of the native species constitutes a hazard to human health and/or safety or to the resources of the particular park. (Ord. No. 2011-003) Sec. 21-24. Swimming and wading. (a) No person shall swim or wade in any beach, water area, waterpark or pool within any park property, except where specifically designated and in compliance with such Palm Beach County Ordinances 166 regulations as to hours of the day and safety limitations for such use as set by the department. (b) In areas designated for swimming and wading, all persons shall be so covered with clothing or a bathing suit so as to prevent any indecent exposure of the person. (Ord. No. 04-022) Sec. 21-25. Boating. (a) In addition to the provisions set forth in Florida Statutes Ch. 327, the following regulations shall apply to recreational area waters within park property: (1) No person shall bring into, launch, or operate any vessel (as defined in Florida Statutes § 327.02, as may be amended) upon any park property, including designated swimming areas/bathing beaches, except at such places as are or may be designated for such use or purposes by the board of county commissioners or the director. The following designated swim areas are established as vessel-exclusion zones: a) the area of Phil Foster Park south of the southern park boundary to an area seventy-five (75) feet north of the auxiliary channel of the Atlantic Intracoastal Waterway (ICW) and from the park's eastern boundary to the sailboat launch area; and b) the area east and southeast of Peanut Island two hundred (200) feet from the mean highwater mark (one hundred (100) feet seaward of the wave-break rocks) from the north end of the bathing beach to the boat docks of the Maritime Museum. Any area designated for boating use shall be used in accordance with such rules and regulations as are now or may hereafter be adopted by the department or board of county commissioners. Boating permits may be required by the department for specific boating activities within park property. (2) No person shall moor, anchor, or tie up to the beach, bank or any wharf, dock, tree, building, rock or any object or structure on the bank in waters within park property or property managed by the department unless said person does so in pursuit of recreational activities of a temporary nature or unless the owner of the vessel has obtained written permission from the director, except in an emergency situation. Tropical weather conditions (depression, storm, hurricane) shall not constitute an emergency situation. (3) No person shall launch, dock or operate any vessel on the waters of any park between the closing hour of the park at night and opening hour the following morning, with the exception of designated twenty-four-hour boating facilities, nor shall any person be on, or remain on or in, any vessel in the park during the said closed hours of the park, except with prior approval of the director. (4) Boat operators shall be responsible for their own wake and liable for any damage it may cause. (5) During the staging of department approved special events, all non-participating vessels and spectators shall be prohibited from entering the boat pit area and from obstructing any race, ski courses or special event. (6) No person shall operate airboats or hovercraft within park property except by approval from the director. (7) The director shall have the authority to establish regulations and speed limits of vessels that utilize the water areas located within park property unless otherwise pre-empted by the state. (b) The department shall establish rules and regulations for use of the county's boat slips for dockage of vessels, boat trailer parking, managed mooring fields and other marine facilities by the public. Rates for said usage shall be established by the board of county commissioners. (c) No person shall rent, hire, or operate any vessel within park property for a commercial purpose unless so permitted by the department. (Ord. No. 2011-003) Sec. 21-26. Water skiing. (a) No person shall water ski within park property except in such places as designated by the director, and in compliance with rules and regulations as are now or may hereafter be adopted. (b) No person shall water ski in such manner as to endanger bystanders, swimmers, other skiers, or occupants of other vessels. (c) No person shall obstruct the takeoff and landing areas designated for water skiing for any purpose other than for normal water skiing activities. (d) No water skiing is permitted after sunset or before sunrise, except in areas designated for such use. (Ord. No. 04-022) Sec. 21-27. Fishing. (a) The buying or selling of fish is prohibited within park property. (b) Sport fishing is allowed within park property except where specifically prohibited. (c) The use of a troll line for fishing purposes is prohibited within park property. Set cane poles are permitted if attended. Palm Beach County Ordinances 167 (d) All applicable state laws pertaining to fishing and licensing shall be enforced within park property. (e) The director may establish specific fishing regulations for various water bodies within park property for reasons of public health, safety or welfare. (Ord. No. 2011-003) Sec. 21-28. Firearms. No person shall use or possess firearms, weapons or trapping devices within any park property except in accordance with Florida Statutes or upon prior approval from the director. The director shall establish rules and regulations pertaining to any recreational shooting facilities. Shooting into park areas from beyond park boundaries is prohibited. (Ord. No. 2011-003) Sec. 21-29. Picnic areas and use. (a) Except for reserved park/facility areas, individual picnic tables and associated grills are available on a "first come, first served" basis. (b) No person shall use a grill or other device in such a manner as to burn, char, mar or blemish any bench, table, or other object of park property nor shall any person starting a fire leave the area without extinguishing said fire. (Ord. No. 04-022) Sec. 21-30. Camping. No person shall camp within any park property except in areas designated by the director for said purpose. The department may establish rules and regulations for designated camping areas within park property. Rates for said use shall be established by the board of county commissioners. Camping units are to be of commercial manufacture and be of flame retardant material. House trailers are prohibited. (Ord. No. 04-022) Sec. 21-31. Horseback riding. No person shall engage in horseback riding within any park property except in areas designated by the director for said purpose. In areas designated for horseback riding, horses must be thoroughly broken, properly restrained, and prevented from grazing and straying unattended. All riders must carry proof of their horse's negative coggins test. Riders sixteen (16) years of age and younger must wear an approved safety helmet. (Ord. No. 2011-003) Sec. 21-32. Animals. (a) Except in specified areas, domesticated animals, except those considered to be a nuisance, as determined by the director, are permitted within park property. Said animals must be restrained at all times at a distance of not greater than six (6) feet in length from their handler. (b) No person shall bring into, nor allow to enter, any park property any nondomesticated animals including, but not limited to cattle, mules, swine, sheep, goats, fowl or reptiles except where, in conjunction with projects sponsored by county departments or upon permit from the director. (c) Dangerous dogs, as defined in Ordinance No. 98-22, the Palm Beach County Animal Care and Control Ordinance, as it may be amended, are prohibited from park property. (d) In conjunction with projects and facilities administered by county departments or upon permit from the director, animals may be allowed in designated areas of the parks at specified times without restraints. (Ord. No. 2011-003) Sec. 21-33. Alcoholic beverages. (a) The sale, purchase, consumption, and possession of alcoholic beverages as defined in Florida Statutes § 561.01 is hereby prohibited within park property except as specifically provided in accordance with the provisions set forth herein. (b) Notwithstanding the prohibition set forth in subsection (a) above, the possession of alcoholic beverages in sealed original packages in any vehicle, vessel, or conveyance for purposes of storing or transporting such and not for purposes of selling or consuming such within park property shall not be a violation of this article. (c) The director may designate specific areas in which alcoholic beverages may be possessed and/or consumed. Designated areas may include, but are not limited to, picnic areas, amphitheaters, areas reserved for large groups, and facilities for food service. Kegs of beer or other alcoholic malt liquor will be authorized only by permit and in conjunction with a reserved park facility area. (d) The director may permit, in writing, the sale, possession, and/or consumption of alcoholic beverages incidental to a special event. Said permission may not exceed four (4) consecutive days. (e) The board of county commissioners may permit the sale of alcoholic beverages by private contractors who operate or manage facilities within park property including but not limited to food service, performing arts, golf courses, and other facilities, as the board of county commissioner deems appropriate. (f) At its option, the county may obtain, in its Palm Beach County Ordinances 168 name, the necessary state licensing for the sale of alcoholic beverages. The county may, at its option, have such license transferred to a contractor's or lessee's name, provided, however, that such licensing shall immediately revert to the county upon termination, for any reason, of the contractor's agreement or lessee's lease with the county. The license holder shall take all action and execute all documents necessary to effect said transfer to the county. (g) The permission granted under this section shall be subject to all ordinances, laws, rules and regulations applicable in Palm Beach County, and any grantee shall be responsible for compliance thereto. The permission granted may also be subject to, and granted with, specific conditions as set forth by the department, and the grantee shall be responsible for insuring compliance thereto. (h) No person who is intoxicated or under the influence of drugs will be permitted in parks or recreation areas. (Ord. No. 2011-003) Sec. 21-34. Fireworks and explosives. (a) No person shall bring into or have in his possession, or set off or otherwise cause to explode or discharge or burn within any park property any firecrackers, torpedoes, rockets or other fireworks or explosives of flammable material, or discharge them or throw them onto any park property from land or water adjacent thereto. Parents or guardians shall be held strictly responsible and accountable for the actions of minors. Violators will be subject to prosecution accordingly. (b) The director may permit organizations and entities to conduct fireworks displays within county parks, subject to full compliance with the county fire code or other applicable county ordinances, or the ordinances of any municipality having jurisdiction to regulate said fireworks display. (Ord. No. 04-022) Sec. 21-35. Park usage. (a) It is the policy of the county to afford all citizens the opportunity to utilize county parks and also to participate in free speech activities within park property to the fullest extent permitted by law. The parks and recreation director has the authority to establish guidelines for the permitting of special events, demonstrations, gatherings, performances or other mass assemblages at county parks. (b) No person shall be or remain in any part of any park property between sunset and sunrise or as specifically posted. The provisions of this section shall not apply to police officers or department employees while in the discharge of their duties nor to persons having a permit in writing issued by the department to be or remain in any part of the parks between such hours. The department director has the authority to establish exceptions to the closing hours as set forth above when it is in the interest of the public health, safety or welfare and such exceptions shall be posted. (c) No person shall loiter in or around any park areas including, but not limited to, restrooms, dressing rooms or bathhouses, picnic shelters/areas, wooded or natural/undeveloped areas. (Ord. No. 04-022) Sec. 21-36. Commercial activities. (a) No person shall park or station on any park property any vehicle displaying a sign or notice with the intent of offering said vehicle for sale or exchange. (b) No person shall advertise or offer for sale any article, material, or service, nor place any stand, cart, or vehicle for the transportation, sale, trade or display of any article, material or service for sale or trade within any park area unless in conjunction with a permitted use of a reserved park/facility area. (c) No person shall distribute, display or affix any printed materials or advertisements to or within any park property. Exceptions to this rule are printed materials or advertisements permanently affixed on vehicles or on clothing, distribution of printed handbills or leaflets the purpose of which is not solely commercial, announcements of park sponsored or sanctioned events; authorized signs located entirely within concession structures, and signs or distribution of printed materials in conjunction with a permitted use of reserved park/facility area. (d) No person shall utilize any park property to facilitate a commercial operation, whether land-based or from the water, without authorization from the director or assistant director. (Ord. No. 2011-003) Sec. 21-37. Reserved park/facility areas. Park/facility areas shall not be reserved except by permit issued by the director. Said reserved park/facility areas include athletic fields, group picnic shelters and associated facilities, recreation and civic facilities, amphitheaters, and those areas requested for use for special events. Persons permitted for use of reserved park/facility areas must Palm Beach County Ordinances 169 comply with all applicable rules and regulations as may be established by the department. With the exception of the limited authority, delegated to the department regarding amphitheaters, permits requested for use of reserved park/facility areas for for-profit activities require approval by the board of county commissioners. (Ord. No. 2011-003) Sec. 21-38. Permits. The director has the authority to develop permitting systems and related rules and regulations for the use of park facilities. Violations of permit requirements shall result in suspension or revocation of such permit. (Ord. No. 04-022) Sec. 21-39. Noise. No person shall make such loud, excessive, unnecessary noise so as to create a nuisance in any county park. Noise shall be considered a nuisance where it produces actual physical discomfort and annoyance to persons of ordinary sensibilities. (Ord. No. 04-022) Sec. 21-40. Aircraft. No one operating, directing or responsible for any aircraft, seaplane, helicopter, glider, balloon, dirigible, parachute or other aerial apparatus shall take off from or land within park property except in emergency law enforcement situations or when written permission has been obtained from the director. (Ord. No. 04-022) Sec. 21-41. Pollution of waters. No person shall throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay or other body of water within Park property any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (Ord. No. 04-022) Sec. 21-42. Refuse, trash and litter. (a) No person shall take into, dump, deposit or litter any bottles, broken glass, ashes, printed material, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash upon any park property. Persons shall place all bottles, broken glass, ashes, printed material, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash in the proper receptacles where provided; where receptacles are not provided, same shall be carried away from park property by the person or persons responsible for its presence and properly disposed of elsewhere. (b) No person shall affix printed material or any other item to any vehicle within park property other than their own vehicle. (Ord. No. 04-022) Sec. 21-43. Public utilities. Public utilities serving park property or traversing park property shall be subject to reasonable regulations as may be hereafter adopted in the public interest in order to protect county parks from unsightly and inconveniently located fixtures, installations and facilities. (Ord. No. 04-022) Sec. 21-44. Park hours. (a) Except for unusual and unforeseen emergencies and twenty-four-hour boat launching, fishing and camping areas, all parks shall be open to the public every day of the year during hours designated by the director. The opening and closing hours shall be posted at each park in order to give notice to the public. (b) The director, acting as agent of the board of county commissioners, may declare any section or part of any park closed to the public at any time and for any interval of time, either temporary or at regular and stated intervals (daily or otherwise) and either entirely or merely for certain uses. (c) No unauthorized person shall be or remain within park property during those hours when the park is closed. (d) No person shall enter upon park property which is under construction, in a state of disrepair, or withheld from general public usage in the interest of public safety, health and/or welfare. (Ord. No. 04-022) Sec. 21-45. Enforcement. (a) It shall be the duty and responsibility of all law enforcement officers within their jurisdiction to enforce all state laws, municipal ordinances, county ordinances, and county traffic regulations within park property and other areas maintained and operated by the department. (b) It shall be the duty and responsibility of law enforcement officers and designated department employees to enforce all park rules and regulations. It shall be unlawful for any person to do any act forbidden or fail to perform any act required by these rules or for any person to fail to comply with any lawful and reasonable order given by law enforcement officers. Violators of this article may be ordered to leave park areas by law enforcement officers and designated department employees. Failure to leave once ordered constitutes a separate violation of this article. Palm Beach County Ordinances 170 (c) It shall be the duty and responsibility of law enforcement officers and authorized department employees to enforce all provisions of permits issued by the department. It shall be unlawful for any person to do any act forbidden or fail to perform any act required by any permit issued by the department. Copies of regulations pertaining to reserved park/facility areas shall be furnished with each permit issued. (Ord. No. 04-022) Sec. 21-46. Penalties. Failure to comply with the provisions set forth in this article shall constitute a violation of a county ordinance and shall be punished upon conviction, pursuant to F.S. § 125.69(1), by a fine not to exceed five hundred dollars ($500.00) per violation per day for as long as the violation continues or imprisonment not exceeding sixty (60) days, or both fine and imprisonment. Violations of this article that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief. (Ord. No. 04-022) Sec. 21-61. Title; applicability. (a) This article shall be known as the Palm Beach County Parks and Natural Areas Trespass Ordinance. (b) All provisions of this article shall be applicable to county property within the unincorporated and incorporated areas of Palm Beach County. (Ord. No. 2016-021 § 4-19-2016) Sec. 21-62. Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Applicable local law shall include the following: (1) Intentionally damaging or destroying county property, real or personal, including but not limited to any building; bridge; table; bench; fireplace; railing; paving; water line or other public utility or parts of appurtenances thereof; posted sign, notice or placard whether temporary or permanent; monument; stake, post or other boundary marker; or other structure, equipment, facility or appurtenance whatsoever; or (2) Removing a live plant, plant part or plant material from county property; or (3) Molesting, harming, frightening, killing, trapping, hunting, chasing, shooting, throwing objects at, harassing, feeding, or otherwise inhibiting the natural movements and habits of any invertebrate, mammal, amphibian, reptile, fish or bird within a county property. This paragraph shall not preclude fishing in a designated fishing area or removal of any nuisance wildlife or animal as authorized by the County; or (4) Removing or attempting to remove any wild animal, or the eggs or nests of any amphibian, reptile, fish, bird or invertebrate from county property. This paragraph shall not preclude fishing in a designated fishing area or removal of any nuisance wildlife or animal as authorized by the County; or (5) Using, discharging or possessing fireworks (other than a firework display permitted by the County), explosives, or substances that could be combined into an explosive mixture within county property; or (6) Building or attempting to build any fire within county property except in such areas where fireplaces or grills are provided or as specifically authorized by a regulation or permit issued by the County or dropping, throwing or otherwise depositing lighted matches, burning cigarettes or cigars or other flammable material within county property; or (7) Having been found to have violated any provision of the Palm Beach County Parks and Recreation Ordinance or Palm Beach County Natural Areas Ordinance three (3) or more times or the same provision of the Palm Beach County Parks and Recreation Ordinance or Palm Beach County Natural Areas Ordinance two (2) or more times; or (8) Violating a notice contained on a posted sign on county property. Applicable state law shall include F.S. ch. 316 (State Uniform Traffic Control), ch. 782 (Homicide), ch. 784 (Assault; Battery; Culpable Negligence), ch. 787 (Kidnapping; False Imprisonment; Luring or Enticing a Child; Custody Offenses), ch. 790 (Weapons and Firearms), ch. 794 (Sexual Battery), ch. 796 (Prostitution), ch. 800 (Lewdness; Indecent Exposure), ch. 806, (Arson and Criminal Mischief), ch. 810 (Burglary and Trespass), ch. 812 (Theft, Robbery, and Related Crimes), ch. 823 (Public Nuisances) ch. 825, (Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults), ch. 827 (Abuse of Children), ch. 828 (Animals; Cruelty, Sales, Animal Enterprise Protection), ch. 843 (Obstructing Justice), ch. 847 Palm Beach County Ordinances 171 (Obscenity), ch. 856 (Drunkenness; Open House Parties; Loitering; Prowling Desertion), ch. 859 (Poisons; Adulterated Drugs), and § 877.03 (Breach of the Peace; Disorderly Conduct), ch. 893 (Drug Abuse Prevention and Control). County shall mean Palm Beach County. County property shall mean any facility, building or outdoor area that is part of a park or natural area owned and/or operated by Palm Beach County. (Ord. No. 2016-021 § 4-19-2016) Sec. 21-63. Trespass notice; authorization to issue; appeal. (a) Any Palm Beach County Sheriff's Deputy or law enforcement officer acting within his/her jurisdiction is authorized to issue a trespass notice to any individual who violates any applicable local law or applicable state law while on county property. (b) Any person issued a trespass notice shall be prohibited from returning to the county property specified in the trespass notice as follows: (1) For the first trespass notice, for a period of one (1) year. (2) For the second trespass notice, for a period of five (5) years. (3) For the third or subsequent trespass notice, for a period of ten (10) years. (c) A copy of the trespass notice shall be provided by mail or hand delivery to the trespass notice recipient with a copy provided to the employee or official having control over the county property. The trespass notice shall include the name and address of the trespass notice recipient, the date, the provision of law the trespass notice recipient has violated, a brief description of the offending conduct, the location of the offence, the name of the person issuing the trespass notice and a description of the county property to which the trespass notice recipient shall not return during the trespass notice period described in subsection (b) of this section. The written trespass notice shall advise of the right to appeal and the location and telephone number for filing the appeal. The trespass notice shall include a warning that any person found on county property in violation of a trespass notice may be arrested for trespassing. (d) Appeal of trespass notice. The trespass notice recipient shall have the right to appeal as follows: (1) An appeal of a trespass notice must be filed, in writing, at the address listed on the trespass notice within ten (10) days of the issuance of the trespass notice. The appeal shall include the trespass notice recipient's (appellant) name, address, telephone number, electronic mail address and facsimile number, if any; a copy of the trespass notice; and a statement of the basis for the appeal. Failure to file a written appeal within ten (10) days of issuance of the trespass notice shall be deemed a waiver of the right to appeal. (2) A filing fee in the amount of $20.00 shall accompany the appeal of the trespass notice. (3) Appeals shall be heard by a special master with jurisdiction and authority to hear and decide alleged violations of the codes and ordinances enacted by the Board of County Commissioners. Any special master appointed to hear and decide trespass notice appeals shall satisfy the minimum qualifications established in Article 2.G.2 of the Palm Beach County Unified Land Development Code and shall serve, in an ex officio capacity, at the pleasure of the appointing authority for such period as is determined by the appointing authority. (4) Within forty (40) days following the filing of the appeal, a hearing shall be held in front of a special master. Notice of the hearing shall be provided to the appellant by U.S. Mail, electronic mail, facsimile, certified mail or hand delivery. If the issuance of a trespass notice was predicated on a violation of applicable state law and the criminal case is pending before the County or Circuit Court, the appeal hearing shall be stayed until the resolution of that case. (5) The hearing shall be open to the public and shall be recorded. (6) At the hearing, the burden of proof shall be on the County to demonstrate by clear and convincing evidence that a violation of an applicable local law or applicable state law on county property has occurred. However, proof that the appellant has entered a plea of guilty, regardless of adjudication, to the underlying offense shall be admissible at the hearing as an admission against interest. (7) If the appellant fails to attend the appeal hearing, the appeal shall be dismissed with prejudice. (8) All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. Upon determination of the special master, Palm Beach County Ordinances 172 irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. (9) The special master may inquire of or question any witness present at the hearing. The appellant or his/her attorney and an employee or attorney representing the County shall be permitted to inquire of or question any witness present at the hearing. The special master may consider testimony presented by any witness at the hearing. (10) At the conclusion of the hearing, the special master shall orally render his or her decision (order) upholding or overruling the trespass notice based on evidence entered into the record. If the special master upholds the trespass notice, appellant shall be enjoined from returning to the county property specified in the trespass notice for a period provided in subsection 21-63(b) above. The decision shall then be transmitted to the appellant in the form of a written order including findings of fact and conclusions of law consistent with the record. The order shall be transmitted by mail to the appellant within ten (10) days after the hearing and a copy shall be sent to the law enforcement agency whose officer issued the trespass notice. (11) Any aggrieved party may appeal an order of the special master to the Circuit Court of Palm Beach County. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special master. Any appeal filed pursuant to this article shall be considered timely if filed within thirty (30) days of the execution of the order to be appealed. The County may assess a reasonable charge for the preparation of the record to be paid by the appellant in accordance with F.S. § 119.07. (12) The trespass notice shall remain in effect during any appeal process, unless a stay pending review is entered by a special master. (13) A special master shall have the power to: a. Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by a sheriff or other authorized persons consistent with Rule 1.410(d), Florida Rules of Civil Procedure, upon request of the special master. b. Subpoena records and other documentary material. c. Take testimony under oath. d. Issue orders having the full force and effect of law. (e) The County Administrator or his/her designee may authorize an individual who has received a trespass notice to enter a specific county property included within a trespass notice to exercise his or her First Amendment rights if there is no other reasonable alternative location to exercise such rights. Such authorization must be in writing, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied. Any individual issued such authorization shall have a copy of the authorization in his/her possession upon entry and throughout the duration of his/her presence upon the specific county property. In addition, a copy of such authorization shall be sent by the County Administrator or his/her designee to the law enforcement agency that issued the trespass notice prior to the scheduled entry onto the specific county property. (f) Any person found on county property in violation of this article may be arrested for trespassing. (g) This article shall not be construed to limit the authority of any law enforcement officer or code enforcement officer to take any other enforcement action authorized by law. (Ord. No. 2016-021 § 4-19-2016) Sec. 21-64. Enforcement. This article is enforceable by all means provided by law. Additionally, the County may choose to enforce this article by seeking injunctive relief in the Circuit Court of Palm Beach County. (Ord. No. 2016-021 § 4-19-2016) Sec. 21-65. Penalty. Any violation of any portion of this article shall be punishable as provided by law. (Ord. No. 2016-021 § 4-19-2016) Chapter 23 ROADS AND BRIDGES ARTICLE V. (Roadside Stands & Vendors) Sec. 23-96. Title. This article shall be cited as the "Roadside Vendors Ordinance." (Ord. No. 97-40) Sec. 23-97. Authority. This article is adopted pursuant to the authority granted to charter Palm Beach County Ordinances 173 counties under Article VIII, Section 1(g) of the State of Florida Constitution, and Chapter 125, Florida Statutes, and section 163.3161, et seq., Florida Statutes, regarding local government comprehensive planning. (Ord. No. 97-40) Sec. 23-98. Permit required for commercial use of county rights-of-way. (a) It is unlawful and subject to the penalties and procedures provided in this article to make any commercial use of county-owned and maintained rights-of-way or appendages thereto, including but not limited to, rest areas, wayside parks, boat launching ramps, weigh stations and scenic easements in the unincorporated area of the county, without first obtaining a permit for permissible use in accordance with the provisions of this article. Commercial use includes, but is not limited to, the sale, advertising, or display for sale of any merchandise; servicing or repairing of any vehicles, except for rendering of emergency service; storage of vehicles being serviced or repaired on abutting property or elsewhere; solicitation for the sale of goods, property or services, whether for profit or charity; and display of advertising of any kind. (b) A roadside vendor permit (hereinafter "permit") is valid only to the individual, partnership or corporation (hereinafter "business entity") to whom it is issued and who is named therein, and cannot be sold or transferred to another business entity. (c) Notwithstanding anything herein to the contrary, no business tax receipt issued pursuant to chapter 17, article II, of the Palm Beach County Code, shall be deemed a permit to vend from any county right-of-way. (Ord. No. 08-039) Sec. 23-100. Criteria for vending locations. It is unlawful and subject to penalties and procedures provided in this article for any business entity to vend at a location on county right-of-way in the unincorporated area of the county which has not been approved by the engineering and public works department (hereinafter "engineering department"). Vending location (hereinafter "location") is defined as the site or position where vending may be permitted. (1) The engineering department shall not approve locations: a. On state or private roads, private property, or within municipalities. b. On the side of the road which contains curbing, public sidewalks, driveways, bike paths or pathways, or on improved or maintained swale areas. c. Which abut residentially developed property. This prohibits vending in front of (on the same side of the street as) a residence, unless there is an intervening easement or right-of-way (e.g., a canal) separating the location from the residence. d. Within five hundred (500) feet of an established ongoing legally zoned business selling similar commodities. Except that an ongoing legally existing business which complies with all applicable land development regulations may be issued a permit to operate in conjunction with that business on county right-of-way abutting said business, only to the extent allowed in the zoning district applicable to the abutting property. e. Which require, promote or cause any vehicle to stop, stand or park in violation of, or visually impair an official traffic control device, including but not limited to, signs, signals, and markings erected by authority of the county for the purpose of regulating, moving or guiding traffic. f.On two-lane roads in a residentially zoned (does not include zoned agricultural/residential) area within five hundred (500) feet of a residential unit and two hundred (200) feet of a residential property line. g. Within three hundred (300) feet of any property containing a pre-school, elementary, middle or high school facility. h. Within three hundred (300) feet of any property containing a church, temple, synagogue or other place of worship or assembly. i. Within three hundred (300) feet of any property containing an established day care facility. Private residences are exempt from this restriction. j. On areas of right-of-way where shoulders are used for designated parking abutting county parks. Current permittees located on areas covered by this provision may renew their permit for these locations provided the permittee remains the same, there is no change in product category, the location does not become ineligible and all other criteria are met. Under no circumstances will these locations be available for anyone other than the permittee holding the permit for these locations as of the effective date of this article. k. Unable to accommodate the maximum total vending area of operation as provided in subsections 23-104(16) and (17). Palm Beach County Ordinances 174 (2) The engineering department shall only approve locations: a. On a county owned and maintained right-of-way in the unincorporated area of the county. b. That are a minimum of one hundred (100) feet from the intersection of any two (2) road rights-of-way and/or a driveway. c. That are at least fifteen hundred (1,500) feet from any other approved location. d. With adequate sight distance and parking area to ensure safe vending operation with respect to normal movement of traffic in relation to the location on the right-of-way. (3) If, after a permit has been issued, a location becomes ineligible due to changes including, but not limited to, traffic flow, storage, curbing, signalization, speed limits, development, pathways, sidewalks or municipal boundaries, the permit must be relocated. If the location conflicts with any construction, reconstruction, or any project performed or permitted by the county or its authorized representative(s) which is in the interest of the public, the permit is suspended for the duration of the conflict and may be relocated. (Ord. No. 08-039) Sec. 23-101. Criteria for permit issuance. (a) The sale of produce, plants, flowers, and prepared foods from locations meeting the requirements of this article may be allowed on County rights-of-way in the unincorporated area of the county, provided the business entity first obtains a permit from the Engineering Department. (b) Permits are issued to a given business entity (hereinafter "permittee"). The permittee may be an individual, partnership or corporation. All forms, including but not limited to, application for permit, intent to permit, and permit, must contain the original signature of the permittee. (1) If the permittee is a partnership, all partners must sign all forms. A copy of the partnership's paperwork that has been filed with the secretary of state must be provided. (2) If the permittee is a corporation, a designated officer/manager must sign all forms. A copy of the corporation's paperwork that has been filed with the secretary of state, listing the principal officers/managers, must be provided. (3) Any permittee change (e.g., individual elects to incorporate) requires a new application for permit and subjects the applicant to all provisions of this article. A name change resulting from a marriage or divorce, in and of itself, does not impact permit status. (c) A permit is issued for a single product category. The four (4) listed below are the only allowable categories. No other products may be sold on County rights-of-way within the unincorporated area of the county. (1) Prepared food. Food prepared for human consumption that may be consumed immediately upon purchase without further preparation. (2) Flowers. Fresh cut or live potted flowers; not artificial or synthetic. (3) Plants. Live plants, other than flowers, that can continue growing in a pot or be planted in the ground. (4) Produce. Fresh, uncooked agricultural plant-type products intended for human consumption. (d) A maximum of two (2) allowable permits can be issued to a given business entity at any given time. The number of allowable permits can be altered as a result of revocation. (e) Only one (1) permit shall be issued for a location. (f) The Engineering Department may deny permit applications, establish special restrictions (including but not limited to, restricting hours of operation), or revoke permits based on violation of any applicable federal, state or local laws, ordinances, rules or regulations. (g) Permits are issued for a twelve-month period and expire on January 31 of each year. (Ord. No. 2015-034) Sec. 23-104. Conditions of permit. Once issued, permits are valid subject to all of the following conditions which apply to both permittees and their employees (hereinafter collectively referred to as "vendors"). Failure to comply with any of these conditions shall result in the assignment of points which may result in revocation of the permit. (1) A permit is valid only for the specific business entity to whom it was issued. No permit may be sold or transferred to another business entity. (2) The vendor must not set up prior to authorized hours of operation and must vacate the location upon the close of authorized hours. (3) The vendor must not engage in any violence or disturbance at the location which could necessitate law enforcement intervention. Palm Beach County Ordinances 175 (4) The vendor may operate only from the location specified on the permit. (5) The vendor must cease vending within twenty-four (24) hours of notice by the engineering department of county-mandated relocation. (6) All equipment and items used in the vending operation are to be removed from the right-of-way no later than one-half ( 1/2) hour before sunset, and are not to be replaced any sooner than one-half ( 1/2) hour after sunrise on the next day. (7) No location shall be operated in such a manner as to require, promote or cause any vehicles to stop, stand or park in violation of, or visually impair an official traffic control device, including but not limited to, signs, signals and markings erected by authority of the county for the purpose of regulating, moving or guiding traffic. (8) The vending vehicle must be set back a minimum of twelve (12) feet from the travel lane to ensure "adequate site safe distance." (9) Vendor must maintain required minimum general liability coverage and performance bond, or other satisfactory security, through the end of the permit year. (10) Only the product category specified on the permit may be sold. (11) Freestanding signs, flags, banners, tents, tarpaulins or awnings are not allowed within the road right-of-way. All signs, flags, banners, tents, tarpaulins or awnings must be attached to, or resting against the vending vehicle/equipment. No tables, chairs or umbrellas are to be set up for use by customers outside the vending vehicle. Within the confines of the vehicle used by the vendor, one (1) table and a maximum of two (2) chairs is allowed. In addition, any permitted operation, pursuant to this article, shall not display or otherwise erect freestanding signs, flags, banners or tents on public or private property or anywhere on the right-of-way outside of the permitted operation area. (12) Vendors shall maintain mobility at all times of operation. A vehicle must be at the location to provide a means of immediate evacuation in case of an emergency. (13) The vending area is to be kept free from garbage, litter and debris and in compliance with all applicable health laws. (14) Vendors must notify the engineering department of any site changes which impact eligibility of the location. Examples: installation of a sidewalk, driveway, bike path or pathway, residential development, other road construction in the area. (15) Both permit and permit plate must be maintained at the location during all times of operation, and be available upon request. The permit plate shall be clearly visible from the road. (16) The total vending area of operation is not to exceed three hundred (300) square feet in the urban service areas as defined in the comprehensive plan. This includes but is not limited to space taken up by the vending vehicle, signs, equipment, product and any awnings, tents and canopies. (17) Outside the urban service area, the total vending area of operation for prepared food only is not to exceed five hundred (500) square feet. This includes but is not limited to space taken up by the vending vehicle, signs, equipment, product and any awnings, tents and canopies. (18) The permittee must provide the engineering department with written notification of a change of mailing address, physical address, phone number and email address. (19) The vendor must be in compliance with all applicable federal, state and local laws, ordinances, rules and regulations. (Ord. No. 08-039) Sec. 23-105. Attire. All vendors shall be sufficiently clothed with a fully opaque covering so that no portion of the male or female genitals, pubic area, one third (1/3) of the buttocks, as described herein, and any portion of the female breast below the top of the areola is exposed. Buttocks shall be defined as: The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two (2) imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one-half (½) inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half (½) inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one (1) on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each natis meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the Palm Beach County Ordinances 176 tensor fasciae latea muscle or any of the above-described portion of the human body that is between either (i) the left inside perpendicular line and the left outside perpendicular line or (ii) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third (1/3) of the distances from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third (1/3) of the distance from the anus to the right outside line. (The above description can generally be described as covering one-third (1/3) of the buttocks centered over the cleavage for the length of the cleavage.) (Ord. No. 97-40) Sec. 23-110. Revocation of permit. (a) Permits may be revoked by the engineering department for failure to meet any provisions of this article, any other county ordinances, state statutes or federal laws. Vendors are expected to comply with all rules and regulations. Permittees may be held accountable for actions of their employees. Grounds for revocation include, but are not limited to the following: (1) Procurement of a permit through fraud, misrepresentation, false or misleading statements. (2) Failure to comply with any conditions of permit. (3) Vending without a fully opaque covering so that no portion of the male or female genitals, pubic area, one-third ( 1/3) of the buttocks and any portion of the female breast below the top of the areola is exposed. (4) Failure to maintain the integrity of the pavement edge and stabilization of the road. (b) A point system is established for each violation offense. A list of offenses and their point assignments, attached to Ord. No. 08-039 as Exhibit A and incorporated herein, shall be issued with each permit. An accumulation of ten (10) points within any twenty-four-month period shall result in revocation of that permit. All accumulated points for a given permit shall be cleared if no additional points are assigned on that permit for a twelve-month period. Once the accumulated points have been cleared, the next offense in a particular category shall be treated as a first offense. Points are cumulative for a given permit. If a business entity has two (2) permits, points are tallied separately for each. (c) A violation report shall be issued and shall include the permit number, name of permittee, time and date, location, name of individual vending and nature of violation(s), as well as required corrective action, if any. A copy of the report shall be given to the individual vending at the site. The original shall be maintained on file at the engineering department. This report shall indicate all violations observed. Points shall only be assigned for the highest violation cited at any given time. However, subsequent occurrences of any of the cited violations shall be assigned points for subsequent (not first) occurrences. A copy of the violation report and a statement of points assigned, both current and cumulative, shall be mailed return receipt requested to the permittee at the physical address on record. If the cumulative total is ten (10) points or more, the statement shall include official notification of revocation of the permit. Revocation shall be effective upon the fifth day after mailing this notice to the last known address for permittee on record. (d) Once a permit has been revoked, both the permit and the permit plate must be surrendered to the engineering department. This must be done even in instances where permittee intends to appeal revocation. The county engineer or his duly authorized representative(s) may request both permit and permit plate at time of violation. If not, it is the permittee's responsibility to surrender both, either in person or by mail, to the engineering department. Failure or refusal to do so after notification of revocation shall subject permittee to penalties provided herein. (e) When a permit is revoked, the current number of allowable permits for that business entity is decreased by one (1). This decrease remains in effect for a period of two (2) years from the date of revocation. At the end of two (2) years, the number of allowable permits shall be increased by one (1). (f) A modified revocation will occur in cases where a permit has been issued in error including, but not limited to, on private, state or municipal roads, roads with insufficient right-of-way, within a municipality, abutting a residence, adjacent to a sidewalk or bike path. A modified revocation means that vending must cease immediately, but no points are assigned nor is the number of Palm Beach County Ordinances 177 allowable permits for this business entity decreased. Engineering staff shall assist the permittee with relocation, if requested. No additional fees shall be charged. If the permittee decides to surrender the permit a pro-rated portion of the annual permit fee shall be refunded, upon request. (Ord. No. 08-039) Sec. 23-113. Violation of article. In addition to sanctions and penalties imposed, violation of this article shall be a misdemeanor of the second degree. Such violation shall be prosecuted in the name of the State in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the county jail not to exceed sixty (60) days or by both fine and imprisonment. (Ord. No. 97-40) Sec. 23-114. Enforcement. The county sheriff's office, other law enforcement agencies, the county engineer and his duly authorized representative(s) are authorized and directed to enforce this article. The provisions of this article may also be enforced in accordance with Chapter 336, Florida Statutes, or any other means lawfully available for enforcement of its provisions. (Ord. No. 97-40) Chapter 27 WATER SEWERS AND SEWAGE DISPOSAL Sec. 27-40. Declaration of water shortage or water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the county, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article. (Ord. No. 85-11) Sec. 27-41. Enforcement. Every police officer or sheriff having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. (Ord. No. 85-11) Sec. 27-42. Penalties. (a) Violations of the provisions of this article may be punished pursuant to Florida Statutes, § 162.21, as amended, as a civil infraction as set forth in the code enforcement citation ordinance of Palm Beach County, Ordinance 90-45, as may be amended from time to time. (b) Each day in violation of this article shall constitute a separate offense. For purposes of this article, no person shall be found to have committed a repeat violation based upon a violation of the provisions of this article that occurred during a prior water shortage or water shortage emergency which is no longer in effect. (c) The provisions of this section are an additional and supplemental means of enforcing this article. Nothing contained herein shall prohibit enforcement by any other means, including, but not limited to, emergency injunctive action to enforce the provisions of this article. (Ord. No. 01-008) Chapter 28 WEAPONS Sec. 28-21. Definitions. As used in this article: Business day means a 24-hour day (beginning at 12:01 a.m.), excluding weekends and legal holidays. FDLE means the Florida Department of Law Enforcement. Firearm means any weapon, including a starter gun or handgun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. Handgun means a firearm capable of being carried and used by one (1) hand, such as a pistol or revolver. Licensed dealer means a dealer licensed under provisions of Title 27, Code of Federal Regulations, Part 478, or any successor federal regulations requiring licenses for firearm dealers. Licensed importer means an importer licensed under the provisions of Title 27, Code of Federal Regulations, Part 478, or any successor federal regulations requiring llicenses for firearm importers. Licensed manufacturer means a manufactuturer licensed under the provisions of Title 27, Code of Federal Regulations, Part 478, or any successor federal regulations Palm Beach County Ordinances 178 requiring licenses for firearm manufactuturers.. NICS means the National Instant Criminal Background Check System established pursuant to Title 18, United States Code, Section 922. Person includes, but is not limited to, any individual, corporation, company, association, firm, partnership, society, or joint stock company. Sale means the transfer of money or other valuable consideration for any firearm when any part of the transaction is conducted on property to which the public has the right of access, which includes, but is not limited to, flea markets, gun shows and gun exhibitions. Shotgun means a shoulder-held firearm with a smooth bore designed primarily to fire shells containing multiple projectiles (shotshells). Shotshell means a metal, plastic or cardboard case containing a primer, propellant and multiple projectiles intended to be fired from a shotgun. Structure means that which is three (3) feet or more in height which is built or constructed or erected or tied down having a fixed location on the ground such as buildings, homes and mobile homes. (Ord. No. 2006-54) Sec. 28-22. Discharge of firearms. (Ord. No. 2011-019, § 1, adopted Sept. 13, 2011, repealed § Sec. 28-22) Sec. 28-23. Mandatory waiting period; Criminal history records check requirement. (a) No person shall deliver a firearm to another person, other than a licensed dealer, licensed manufacturer or licensed importer, in connection with the sale of such firearm for a period of five (5) business days from the date of the sale. (b) No person shall deliver a firearm to another person, other than a licensed dealer, licensed manufacturer or licensed importer, in connection with the sale of such firearm until the seller, either directly or through a licensed dealer, licensed manufacturer or licensed importer, has: (1) Requested a national criminal history records check of the potential purchaser or transferee of the firearm from FDLE or NICS, and (2) Received an approval / identification number from FDLE or NICS signifying the potential purchaser or transferee of the firearm would not be prohibited by state or federal law from receiving or possessing a firearm. (c) The provisions of this section shall not apply to holders of a concealed weapons permit issued pursuant to general law of the State of Florida when purchasing a firearm.(Ord. No. 2006-54) Sec. 28-24. Enforcement. It shall be the duty and responsibility of law enforcement officers within their respective jurisdictions to enforce this article and all related state laws. (Ord. No. 99-5) Sec. 28-25. Penalty. Any person convicted of a violation of any of provision of this article shall be punished in accordance with section 125.69(1), Florida Statutes, as may be amended, by a fine not to exceed five hundred dollars ($500.00) per violation or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Each violation of this article shall constitute a separate offense. In addition to the sanctions contained herein, the county shall be authorized to take any other appropriate legal action, including, but not limited to, seeking cease and desist orders, instituting other administrative actions, and requesting temporary and permanent injunctions to enforce the provisions of this article. It is the purpose of this article to provide additional and cumulative remedies.(Ord. No. 99-5) Sec. 28-26. Applicability. This article shall be applicable in both the unincorporated and incorporated areas of the county to the extent permitted by law. (Ord. No. 99-5) APPENDIX B (Airport Regulations) Sec. 1-1. Definitions. The following words, terms and phrases when used herein shall have the meanings described. Words which relate to aeronautical practices, processes and equipment, not defined herein, shall be construed according to their general usage in the aviation industry. (a) Abandon shall mean to forsake, desert, give up and surrender one's claim or right. (b) Aircraft shall mean any contrivance now known or hereafter designed, to navigate or for powered flight in the air or space. (c) Air operations area or AOA shall mean any area of the airport identified by the department and used or intended to be used for landing, taking-off or surface maneuvering of an aircraft. (d) Airplane shall mean an engine-driven, fixed-wing aircraft heavier than air, that is supported in flight by the dynamic reaction of Palm Beach County Ordinances 179 the air against its wings. (e) Airport, unless specifically noted or otherwise understood to identify a certain airport(s) as identified herein, shall mean any airport now or hereafter owned or operated by Palm Beach County, Florida, including but not limited to, the Palm Beach County Park Airport - Lantana ("Lantana Airport"), the Palm Beach County Glades Airport - Pahokee ("Pahokee Airport"), the North County General Aviation Airport - Palm Beach Gardens ("North County Airport"), and Palm Beach International Airport ("PBIA"). (f) Aircraft rescue fire fighting ("ARFF") shall mean those persons meeting the performance criteria for airport fire fighters set forth in NFPA 1003, "Standard for Professional Qualifications for Airport Fire Fighters" and has the basic knowledge, skills, and abilities identified in NFPA 1001, "Standard for Fire Fighter Professional Qualifications." (g) Apron or ramp shall mean those areas of the airport within the AOA designated by the department for the loading or unloading of cargo or passengers, servicing or parking of aircraft. (h) Board shall mean the board of county commissioners of Palm Beach County, Florida. (i) Bus shall mean a passenger motor vehicle which operates on or to and from an airport on a fixed route or a predetermined schedule or in a designated service area on or off an airport and which holds a valid license from the Florida Public Service Commission. (j) Code shall mean the Code of Laws and Ordinances of Palm Beach County, Florida, as may be amended from time to time. (k) Commercial activity shall mean: (1) The exchange, trading, buying, hiring or selling of commodities, goods, services or property of any kind on the airport; or (2) Engaging in any conduct on the airport for revenue-producing purposes, whether or not revenues ultimately are exchanged, obtained, or transferred on the airport; or (3) The offering or exchange of any service on the airport as a part of other revenue-producing activities or services on or off the airport. (l) Compliant airplane shall mean an airplane which either is a Stage 3 airplane, or emits a Stage 3 noise level, as defined in this section. (m)Concessionaire rental car company shall mean a company which is a party to a current, valid rental car concession agreement with Palm Beach County. (n) Control tower shall mean a Federal Aviation Administration air traffic control tower located at an airport. (o) Courtesy vehicle shall mean any vehicle used in commercial activity as herein defined, other than a taxicab, to transport persons, baggage or goods, or any combination thereof, between the airport and the business establishment owning or operating such vehicle, the operation of which is generally performed as a service without direct costs to the passenger. (p) Curbside shall mean the curb and those other areas designated by the department to be used for loading and unloading of passengers and baggage adjacent to the upper and lower motor vehicle roadways within the terminal building area at Palm Beach International Airport, as may be designated by the department. (q) Department shall mean the department of airports of Palm Beach County, Florida. (r) Departure of an airplane shall mean moving away from the gate or other parked or stationary position in preparation for take-off. (s) Director shall mean the director of the department of airports, or such other employee of the department of airports as the director may from time to time designate in writing to carry out the duties of the director. (t) Domestic animal shall mean any species accustomed or usually living in the home in the United States. (u) Enplaning passengers shall include every person boarding any scheduled or nonscheduled commercial airline. (v) Equipment shall mean mobile units or vehicles, other than those commonly classified as motor vehicles, which are utilized in conjunction with the operation of an aircraft or an airport facility. (w)Explosives shall mean a chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame or shock, or any devise, the primary purpose of which is to function by explosion. (x) Flammable liquids shall mean any liquid which emits flammable vapor as set forth in National Fire Protection Association ("NFPA") rules, regulations and standards (as may be amended from time to time) including, but not limited to, combustible liquids currently used as aircraft or vehicle fuel. (y) Ground transportation concession agreement shall mean the agreement addressing the provision of certain on demand, for-hire ground transportation Palm Beach County Ordinances 180 services at PBIA, including the use of certain airport facilities and payment of applicable fees. (z) Ground transportation permit shall mean a permit, agreement, decal or other authorization issued by the department or Palm Beach County Division of Consumer Affairs, on behalf of the department, to operators of ground transportation services, shared ride services, courtesy vehicles or vehicles for hire, for the right to access the airport's roadways. (aa) Law enforcement officer shall mean any person vested with a power of arrest on the airport under federal, state, or county authority. (bb) Limousine or limo shall mean a for-hire motor vehicle not equipped with a taxi meter and providing seating accommodations for not more than eight (8) persons, not including the driver, operating to and from an airport for hire, but shall not include vehicles designated as "taxicabs" or "buses." (cc) Motor vehicle shall mean a self-propelled device by which persons or property may be moved across land, except aircraft or devices moved exclusively upon stationary rails or tracks. (dd) National Fire Protection Association ("NFPA") shall mean all codes, standards, rules and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time, and are incorporated herein by reference. (ee) Nonconcessionaire rental car company shall mean a car rental company which is not a party to a current valid rental car concession agreement, and which may or may not have a current valid rental car airport permit. (ff) Nonoperating aircraft shall mean any aircraft located on an airport which does not possess a current certificate of air worthiness issued by the Federal Aviation Administration and is not actively being repaired. (gg) Operational directive shall mean a written order issued by the Director or his designee bearing the designation "Operational Directive" and requiring specific operational procedures or prohibiting specific operations or types of operations on an airport or establishing designated and restricted uses of various areas of an airport. (hh) Operator shall mean any person who is in actual physical control of an aircraft or motor vehicle. (ii) Owner shall mean a person in whose name the legal title of an aircraft or motor vehicle is held. The lessee or mortgagor of any aircraft or motor vehicle which is subject to a conditional sale with the right to purchase, and with the immediate, right of possession vested in the lessee or one in possession of the aircraft or motor vehicle, shall also be deemed the owner for purposes of these rules and regulations. (jj) Public airplane shall mean an airplane used only in the service of a government or a political subdivision. "Public airplane" does not include any government-owned airplane engaged in carrying persons or property for commercial purposes. (kk) Rental car airport permit shall mean a permit issued by the department to nonconcessionaire rental car companies for the right to transport passengers to and from designated areas of PBIA, and providing for payment of applicable fees. (ll) Rental car concession agreement shall mean the agreement between the county and a concessionaire rental car company providing for the conduct of rental car business at PBIA and for the payment of applicable fees associated therewith, including leasing of airport facilities. (mm) Restricted area shall mean any area of an airport which is locked or has a posted notice, for which access is prohibited or limited to specific authorized persons. (nn) Rules and regulations shall mean these rules and regulations of the department of airports, properly adopted by resolution of the board of county commissioners, as may be amended from time to time. (oo) Runway(s) shall mean those portions of an airport used for the take-off and landing of aircraft. (pp) Security identification display area or SIDA shall mean those areas of the airport designated by the department, in accordance with federal aviation regulations, in which each individual in the area is required to display on their person the identification badge issued by the department or such other form of identification approved by the department. (qq) Security program shall mean that program developed for the airport by the department, as required and approved by the Federal Aviation Administration, for the protection and safety of aircraft operations and uses of the airport. (rr)Solicit or solicitation shall mean to directly or indirectly, actively or passively, openly or subtly, ask (or endeavor to obtain by asking), request, implore, plead for, seek, or try to obtain. (ss) Stage 3 airplane shall mean as stated Palm Beach County Ordinances 181 in Section 36.1(f), Title 14, Code of Federal Regulations, as such exists on October 1, 1985. (tt) Stage 3 noise level shall mean a take-off noise level at or below the take-off noise limits stated in Section C36.5(a)(3)(I), Appendix C, Title 14, Part 36, Code of Federal Regulations, as that section exists on October 1, 1985, determined without regard to the tradeoffs stated in Section C36.5(b) of said appendix. (uu) Taxi lane or taxiway shall mean those portions of the AOA authorized or designated by the department for the surface maneuvering of aircraft, which are used in common, and are not located within leasehold areas and which may or may not be under the control of the Federal Aviation Administration tower at airports with such tower facilities. (vv) Taxicab shall mean a motorized vehicle equipped with a taximeter that is engaged in the transportation of passengers for compensation where the route or destination is controlled by the passenger. (ww)Terminal, terminal building or terminal area shall mean any passenger or cargo terminal facility or other airport facilities accessed by the public, including all roadways, vehicular circulation areas and parking facilities associated therewith. (xx) Vehicle shall mean a device in, upon or by which a person or property or both may be propelled, moved or drawn upon land, including a device moved by human or animal power, except aircraft or devices moved exclusively upon stationary rails or tracks. (yy) Weapon shall mean a gun, knife, blackjack, slingshot, metal knuckles, tear gas or any explosive device or any other like instrument utilized to coerce, intimidate or injure an individual. (zz) Wild animal shall mean any animal not normally domesticated or cultivated in the United States. (aaa) Person shall include individuals, firms, joint ventures, partnerships, limited liability partnerships, limited liability companies, corporations, estates, trusts, business trusts, fiduciaries, associations and all other groups or combinations. (bbb) Permitee means the person or persons authorized to engage in activities that require a permit form or agreement with the department or county by these rules and regulations. (ccc)Self-service fueling means the fueling of an aircraft by the owner of the aircraft or the owner's employee. For purposes of this definition, an owner is a person who holds legal title to an aircraft or a person who leases an aircraft and exercises exclusive control over the aircraft. (ddd) Ground transportation services shall mean vehicle for hire services or any person engaged in the transportation of passengers to or from the airport to such person's off-airport business location, including, without limitation, hotel and motel courtesy vehicles, rental car courtesy vehicles and off-airport parking lot operators. (eee) Prearranged shall have the meaning set forth in the Vehicle for Hire Ordinance. For purposes of these rules and regulations "in advance" shall mean prior to entering the Palm Beach International Airport. (fff)Vehicle for hire shall have the meaning set forth in the Vehicle for Hire Ordinance. (ggg) Vehicle for hire ordinance shall mean the Palm Beach County Vehicle for Hire Ordinance 2008-043, as now or hereafter amended. (hhh) Vehicle for hire company shall have the meaning set forth in the Vehicle for Hire Ordinance. (iii)Geo-fence shall mean a feature in a software program used to define a geographical boundary, or virtual perimeter. The geographical boundary of the Geo-Fence for the Palm Beach International Airport shall be established and updated from time to time by the department. (jjj)Manifest shall have the meaning as set forth in the Vehicle for Hire Ordinance. (kkk)Palm Beach International Airport or PBIA shall mean the Palm Beach International Airport located in Palm Beach County, Florida, and shall include all properties, terminal buildings, hangars, buildings, airfield and landside facilities, parking areas, sidewalks, internal roadways, and driveways serving the Palm Beach International Airport and any expansions, alterations or modifications thereto. (lll)Transportation network company or TNC shall have the meaning as set forth in the Vehicle for Hire Ordinance. (mmm) Trade dress shall have the meaning set forth in the Vehicle for Hire Ordinance. (Res. No. R-2016-0757 §§ 6-21-16) Sec. 1-2. Applicability of rules and regulations. These rules and regulations shall be in effect at all airports now or hereafter owned and operated by Palm Beach County, Florida, unless otherwise specifically provided herein. (Res. No. R-98-220) Palm Beach County Ordinances 182 Sec. 1-3. Compliance. (a) Any permission granted by the board or the director to a person, directly or indirectly, expressly or by implication, to enter upon or use the airport, is conditioned upon compliance with these rules and regulations and the payment of any fees or charges to Palm Beach County for the use of the airport or any facility located thereon. (b) It shall be unlawful for any person to do or commit any act forbidden herein or to fail to perform any act required by these rules and regulations or to fail to pay any fines established and payable. (c) No person shall conduct a commercial activity on any airport without first obtaining a written agreement, permit or other appropriate approval authorizing such activity from the department or county. ( Res. No. R-2010-1461) Sec. 1-4. Other laws. All applicable provisions of the laws of the State of Florida and other ordinances of Palm Beach County not in conflict with these rules and regulations, now in existence or hereafter enacted, shall be in effect at the airport. All applicable provisions of pertinent regulations not in conflict with these rules and regulations, now in existence or hereafter enacted, shall be in effect at the airport. This includes, but is not limited to, the National Fire Protection Association Codes and Standards, Aircraft Rescue Fire Fighting Standard Operating Guidelines, and the PBIA Airport Certification Manual. (Res. No. R-98-220, §§ 1--8, 2-2498) Sec. 1-5. Enforcement. These rules and regulations, as well as all applicable state laws and Palm Beach County ordinances, shall be enforced at the airport by county law enforcement officers and law enforcement officers appointed pursuant to law.(Res. No. R-98-220) Sec. 1-6. Penalties. Failure to comply with these rules and regulations may result in prosecution as a second degree misdemeanor and may include a fine not to exceed five hundred dollars ($500.00) per violation and/or imprisonment in the Palm Beach County jail for a period not to exceed sixty (60) days, for each violation as well as payment of all costs and expenses incurred in prosecuting the offense. In addition, violators shall be subject to all other penalties as may be provided herein. The provisions set forth in this section are additional and supplemental penalties. Nothing in this section shall prevent the county from enforcing these rules by any other means allowed by law. (Res. No. R-98220) Sec. 2-1. Preservation of property. (a) No person shall: (1) Destroy, injure, or deface any building, sign, equipment, fixture, marker or other structure or property on the airport; or (2) Destroy, injure, or deface the trees, flowers, shrubs, or other vegetation on the airport or drive or park on any landscaped or lawn area of the airport; or (3) Fish, swim or dive in the lakes, canals or bodies of water at an airport. (b) Any person who causes or is responsible for such damage to airport property may, in addition to the penalties set forth in section 16, be held liable for the full amount of such damage. (Res. No. R-98-220) Sec. 2-2. Sanitation. No person shall: (a) Dump or dispose of garbage, papers, refuse, or other trash anywhere on an airport except in receptacles provided for such purpose; or (b) Dump or dispose of any fill, building material or other waste material on the airport or in any canal or drainage ditch serving the airport, except in such areas that are specifically designated by the director for such purpose, and with prior written approval of the department; or (c) Use a restroom, toilet or lavatory facility other than in a clean and sanitary manner and in the manner for which the facilities are intended to be used. (Res. No. R-98-220) Sec. 2-3. Alcoholic beverages and drugs. (a) No person under the influence of alcohol or drugs shall operate any motor vehicle or aircraft of any type on an airport. (b) The consumption of alcoholic beverages on airport property is limited to those places properly designated by the director or by lease for on-premises liquor consumption. (Res. No. R-98-220) Sec. 2-4. Weapons, explosives and flammable material. No person other than federal, state or local law enforcement officers, armed forces on duty, or persons otherwise duly authorized by law and the department shall carry or transport any weapon, explosives or flammable materials in a manner contrary to governing law. (Res. No. R-98-220) Palm Beach County Ordinances 183 Sec. 2-5. Lost articles. Any person finding lost articles at an airport should immediately deposit them with a representative of the department. Articles unclaimed by their proper owner within three (3) months shall upon request be turned over to the finder or be otherwise lawfully disposed of in accordance with applicable state laws or Palm Beach County ordinances. Nothing in this paragraph shall be construed to deny the right of scheduled air carriers or other tenants to maintain "lost and found" services for their passengers, for which the air carriers and tenants remain fully responsible. (Res. No. R98-220) Sec. 2-6. Animals. (a) No person shall enter any part of the airport grounds with a domestic animal, unless the animal is restrained by a leash and under control. (b) No person shall permit any wild animal under his custody or control to enter the airport, except for animals that are to be transported by air and are properly confined for such air travel. (c) In the terminal, all animals, domestic or wild, shall be properly confined in a cage, crate or other device. Exempt from this requirement are seeing-eye dogs, guard and search dogs under the control of authorized handlers and approved by the department, or service dogs trained to assist the physically disabled. (d) No person other than in conduct of an official act shall hunt, pursue, trap, capture, injure or kill any animal on the airport. (e) No person shall ride horseback on the airport without prior authorization of the department. (f) All persons shall use utmost care to prevent any animal under his care or control from urinating or defecating upon the sidewalks of the airport or in the terminal or other public building. If an animal under one's care or control does urinate or defecate, the owner or handler shall clean the soiled area. (Res. No. R-98-220) Sec. 3-1. Cleaning of equipment. No person shall use flammable liquids in the cleaning of an aircraft or any part of an aircraft unless such cleaning operations are conducted in open air or in a properly fireproofed room or building for such purpose, in accordance with NFPA standards and all applicable Palm Beach County Codes. (Res. No. R-98-220) Sec. 3-2. Open flame operations. No person shall conduct any open-flame operations on airport grounds unless specifically approved in writing by the department. Any such activities, if authorized, shall be conducted in accordance with NFPA standards, the department's authorization and applicable Palm Beach County Codes. (Res. No. R-98220) Sec. 3-3. Storage of material. (a) No person shall keep or store material or equipment in such a manner as to constitute a fire hazard or be in violation of applicable Palm Beach County Codes, Operational Directives of the Department, or NFPA standards. (b) No person shall keep or store any flammable, liquids, gases, explosives, signal flares or other hazardous materials on the airport, except in proper receptacles or in areas specifically approved for such storage in compliance with NFPA standards and applicable Palm Beach County Codes, and with the approval of the department. (Res. No. R-98-220) Sec. 3-4. Lubricating oil. (a) No person shall keep or store lubricating oils on the airport, except in containers and receptacles designed for such purpose and in structures or areas specifically approved for such storage in compliance with NFPA standards and applicable Palm Beach County Codes, and with the approval of the department. (b) No petroleum products or other industrial waste shall be dumped or permitted to drain onto paved or unpaved surface areas of the airport or into drainage ditches, canals, rivers, ponding areas or into sewer systems or storm drains. Such waste shall be discharged only into approved industrial waste collection and treatment systems or disposed of in an alternate manner approved by the department and the responsible county or state agency for regulating such disposal. (Res. No. R-98220) Sec. 3-5. Smoking. No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any open flame within any facility where fuel is stored or located, aircraft hangers, aircraft, within fifty (50) feet of any aircraft, within fifty (50) feet of the site of a flammable liquid spill, or in any building or area where it is designated that smoking is prohibited. (Res. No. R-98-220) Sec. 3-6. Cleaning fluids. No person shall Palm Beach County Ordinances 184 use flammable substances for cleaning in hangars or in any other building on the airport. (Res. No. R-98-220) Sec. 3-7. Leasehold cleanliness. All lessees on the airport shall keep all areas of the premises leased or used by them clean and free of oil, grease and other flammable material. Lessees shall provide suitable metal Underwriters Laboratories ("UL") approved flammable liquid storage receptacles with selfclosing covers for the storage of oily waste, rags, and other rubbish and trash. The floors of hangars and other buildings shall be cleaned daily and continuously kept free of rags, waste material or other trash or rubbish. (Res. No. R-98-220) Sec. 3-8. Care of aircraft ramp, apron and parking areas. Any person, including owners, operators and into-plane fuelers, causing overflow or spillage of excess oil, grease, fuel, hazardous material or any similar material anywhere on the airport, shall be responsible for the immediate clean up of such spillage. In the event of the default of the responsible person to clean such spillage area, the department shall provide the necessary cleaning and charge the responsible person for the expense. (Res. No. R-98-220) Sec. 3-9. Doping, paint stripping and spray painting. (a) No person shall perform doping processes, spray painting, or paint stripping except in areas or facilities approved for such purposes under NFPA standards and applicable Palm Beach County Codes. (b) No person shall enter or work in a "dope" room while doping is in process, or in a spray painting room or area while spray painting is being conducted, unless such person is properly clothed in accordance with NFPA standards and applicable Palm Beach County Codes. (Res. No. R-98-220) Sec. 3-10. Operating motor vehicles in hangars. No person, except in an emergency, shall operate a tractor, tug, or other motor vehicle in any hangar or other building used as an aircraft maintenance facility when an aircraft is present, unless the exhaust system of such tractor, tug or other motor vehicle is protected by screens to prevent the escape of sparks or the propagation of flame, in accordance with NFPA standards. (Res. No. R-98-220) Sec. 3-11. Grounding of aircraft in hangars. No person shall park an aircraft in any hangar or other structure on the airport, unless the aircraft is grounded in accordance with requirements of the Federal Aviation Regulations and NFPA standards. (Res. No. R-98-220) Sec. 3-12. Repairing of aircraft. No person shall repair an aircraft, aircraft engine, propeller, or other aircraft apparatus in any area of the airport other then the area or areas specifically designated by the department for such purpose, except that minor adjustments or repairs may be made while the aircraft is at a parking position or stand on the apron being prepared for departure. (Res. No. R-98-220) Sec. 3-13. Operating aircraft engines in hangars. The starting or operating of aircraft engines inside any hangar, other than the air rotation of jet engines without ignition, is prohibited. (Res. No. R-98-220) Sec. 3-14. Electrical equipment and lighting systems. (a) Explosion-proof or vapor-proof electrical equipment shall be used as required in areas defined as hazardous by the NFPA. No portable lamp assembly shall be used in any maintenance shelter or hangar without a proper protective guard or shield over such lamp assembly to prevent breakage. (b) All electric power-operated tools and equipment shall be shut off while not in actual use. (c) Electrical lighting systems in hangars, aircraft maintenance facilities or other areas where explosive fumes are present shall be as required by NFPA standards. (Res. No. R98-220) Sec. 3-15. Fueling and defueling. The following rules shall govern and control the fueling and defueling of aircraft and motor vehicles at the airport: (a) No aircraft shall be fueled or defueled unless the aircraft and the fuel dispensing apparatus shall both be electrically grounded or bonded and in good working condition as required by Federal Aviation Regulations and NFPA standards. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a positive grounding device in good order to prevent ignition of flammable liquids due to static spark. (b) No person shall use any material within one hundred (100) feet of the nearest point of Palm Beach County Ordinances 185 an aircraft during fueling or defueling of the aircraft which may cause a static spark. (c) Motor vehicles shall be fueled on the airport only from approved locations and dispensing devices. (d) Only personnel engaged in the fueling, servicing, maintenance and operation of an aircraft, or other authorized personnel, shall be permitted within one hundred (100) feet of such aircraft during these operations. (e) No person shall be permitted in any aircraft during fueling or defueling, unless a cabin attendant is present at or near the cabin door and a passenger boarding ramp or bridge is in place at the cabin door. (f) The fueling and defueling of aircraft shall be conducted at a distance of at least fifty (50) feet from any hangar or other building unless at a terminal aircraft loading/unloading gate or fifty (50) feet from any combustion or ventilation air intake to any boiler, heater, or incinerator room in accordance with NFPA standards. (g) No person shall engage in aircraft fueling and defueling operations without adequate fire extinguishers within ready reach. (h) As specified by NFPA standards, no person shall place into operation any electrical appliance in an aircraft when the aircraft is being fueled or defueled. (i) No person shall fuel or defuel an aircraft while an operating engine of such aircraft is running; provided, however, that nothing herein shall prohibit fueling or defueling of an aircraft during aircraft power unit ("APU") operations, and provided further that in a situation resulting from an inoperative onboard APU, a jet engine mounted at the rear of the aircraft or on the wing on the side opposite the fueling point may be operated to provide aircraft electrical power during fueling, provided: (1) The operation follows procedures published by the manufacturer of the aircraft and its operator to assure safety of the operation. (2) Prior approval is obtained from the department's airport operations office. (j) When a fuel spill over five (5) feet in diameter occurs, the airport rescue fire fighting department (ARFF) shall be notified immediately and valves and dome covers shall be shut down. If the engine of the fueling vehicle is running at the time of the fuel spill, the vehicle shall be removed from the area unless contrary orders are issued by the senior ARFF official at the scene. Conversely, if the engine of a fueling vehicle is shut down at the time of a fuel spill, it shall remain shut down unless a fire has already started or until the senior ARFF official at the scene orders the vehicle moved. In no event shall fueling or defueling operations resume following a fuel spill until all areas upon which fuel has spilled or flowed over are thoroughly flushed and the senior fire official at the spill site has issued an order permitting the resumption of fueling operations. (k) If a fire occurs in or near a fuel delivery device while servicing an aircraft, the fire department shall be notified immediately, fueling shall be discontinued immediately, emergency valves and dome covers shall be shut down at once and the fueling vehicles and equipment shall immediately be removed from the vicinity of the aircraft unless deemed unsafe. Any persons on board the aircraft shall be evacuated and other equipment removed from the area. If necessary, the aircraft shall be towed to a position at a safe distance from buildings and other aircraft. Upon his or her arrival, the senior fire officer will be in charge. (l) The transfer of fuel from one fuel service vehicle to another (commonly referred to as "tankering") is prohibited within the AOA, except for emergency conditions under the standby watch of the fire department. During any transfer operations, all equipment and aircraft must be properly grounded. (m)No airborne radar equipment shall be operated or ground-tested in any area on the airport where the directional beam of high intensity radar is within three hundred (300) feet, or the low intensity beam is within one hundred (100) feet, of a person, an aircraft fueling operation, aircraft fueling truck, or aircraft fuel or flammable liquid storage facility, unless an approved shielding device is provided and used during the radar operation. (n) Aircraft fueling vehicles shall be equipped with storage tanks which are sectionalized into compartments of not over two thousand (2,000) gallons capacity or in lieu thereof shall be equipped and operated in accordance with alternate procedures approved, in writing, by the department. Fueling vehicles, which are not in compliance with the requirement for sectionalization or for which alternate full operational procedures have not been approved, may be authorized for continued use only on a restricted basis and only upon specific individual authorization by the department in writing. (o) A daily check for the presence of water in the fuel and storage dispensing tanks shall be made in accordance with federal Palm Beach County Ordinances 186 regulations. (p) Maintenance and testing of aircraft fueling systems shall be conducted under controlled conditions in compliance with NFPA standards and applicable Palm Beach County Codes. (q) Persons or fueling companies shall refuse to fuel any aircraft when an order has been issued by the department prohibiting the fueling of such aircraft. The department may prohibit fueling of an aircraft and prohibit an aircraft from taking off for failure of the aircraft owner or operator to report or pay all required fees, or when the department has placed a lien on the aircraft in accordance with Florida Statutes and said lien has not been satisfied or satisfactorily resolved. (Res. No. R-98-220) Sec. 3-16. Fire extinguishing equipment instruction. All department employees and employees of lessees and tenants shall be trained and be proficient in the operation of fire extinguishers in the immediate vicinity of their place of employment. Records of such training shall be available for review during inspections. (Res. No. R-98-220) Sec. 3-17. Radio operation. No person shall operate any radio equipment of any aircraft when such aircraft is in hangars or other buildings except by authorized, qualified personnel engaged in the repair, installation, maintenance, and overhaul of such equipment. (Res. No. R-98-220) Sec. 3-18. Heating systems in hangars. Heating in any hangar shall only be by approved systems or devices as listed by the Underwriters Laboratories, Inc. as suitable for use in aircraft hangars, and shall be installed in the manner prescribed by applicable Palm Beach County Codes. (Res. No. R-98-220, §§ 1--8, 2-24-98) Sec. 3-19. Hazardous materials. (a) No person shall store, keep, handle, use dispense or transport at, to or from an airport any Class A explosive (as defined by the US Department of Transportation in 49 CFR Chapter 1). (b) No person shall store, keep, handle, use, dispense or transport at, to or from the airport any Class P or Class C explosive, Class A poison, or red label materials (as defined by the US Department of Transportation in 49 CFR Chapter 1) in a manner other than in conformity with all applicable regulations. (c) Other than for emergency purposes as defined by Federal Aviation Regulations, no person shall carry a compressed air or gas tank aboard a commercial aircraft, unless such tank is reduced to a pressure slightly above ambient, or is an integral component of the aircraft system. (Res. No. R-98-220) Sec. 3-20. Self-service fueling. (a) No person shall engage in any fueling operations on any airport without a valid permit issued by the department or agreement with the county authorizing such activity. (b) Self-service fueling operations shall only be conducted on an airport in locations designated by the department for self-service fueling. (c) Noncommercial self-service fueling permittees shall not: (i) Sell fuel to any other person on any airport; or (ii) Dispense fuel to any aircraft that is not owned by the permittee or leased to and under the exclusive control of the permittee. (d) In addition to any other remedies available at law, the director may suspend or revoke any permit issued pursuant to this section for failure to comply with the requirements of this section or any conditions of the permit. Failure to comply with the terms and conditions of any permit issued pursuant to this section shall be considered a violation of these rules and regulations. (Res. No. R-2006-2087) Sec. 4-1. Entry to AOA or other restricted areas. No person shall enter the AOA, SIDA or other restricted area of an airport except persons who enter in accordance with security clearance pursuant to the security program established or authorized by the department. (Res. No. R-98-220) Sec. 4-2. Identification cards. (a) Those persons authorized to enter the AOA or SIDA or other restricted areas as established by the department, shall at all times possess an official identification badge issued or approved by the department, for which the department may charge a reasonable fee. Identification badges shall be worn conspicuously on the bearer, in plain view, unless otherwise authorized by the department. (b) In the event an identification badge issued by the department is damaged, lost, or stolen, the company which employs the person to whom such badge was issued shall immediately give written notice to the department, and pay a reasonable fee for the Palm Beach County Ordinances 187 issuance of a replacement badge. (c) No person to whom the department issues an identification badge shall transfer such badge to any other person. (Res. No. R98-220) Sec. 4-3. Security devices and directives. No unauthorized person shall in any way tamper or interfere with a lock or closing mechanism of any door or gate leading to the AOA, SIDA or other restricted area, nor shall any person otherwise knowingly breach, disobey or disregard any security directive, plan or program at the airport. (Res. No. R98-220) Sec. 4-4. Inspection. All persons entering or attempting to enter the AOA or restricted areas of the airport shall produce for inspection for the director, his agent, or law enforcement officials, an identification badge and/or the contents of any vehicle, bag, case or container in his or her possession. Where entry is by motor vehicle, all persons shall also produce for inspection upon request a valid driver's license. (Res. No. R-98-220) Sec. 5-2. Protection of leased areas. (a) All tenants under whose control are any vehicle or personnel gates, doors or any other means of ingress and egress to the AOA, shall keep the same secured or controlled at all times to prevent the access of unauthorized persons to the AOA. (b) All tenants under whose control are any vehicle or personnel gates, doors or other means of ingress or egress to or from the AOA at Palm Beach International Airport shall at all times have in effect an access control program. In no event shall tenant-controlled keys, combinations or the like be allowed off the leased premises without such tenant's knowledge and consent. (c) The internal security of leased areas at the airport shall remain the sole responsibility of the lessee. (Res. No. R-98-220) Sec. 5-3. First aid equipment. All tenants and lessees of hangars or aircraft maintenance facilities or buildings shall provide in their respective areas first aid kits in a conveniently accessible place. (Res. No. R-98-220) Sec. 6-1. Governing law. All motor vehicles operated on airport roadways and parking facilities shall be governed by applicable provisions of the Code and Florida Statutes. No person shall operate any motor vehicle on the airport in violation of these rules and regulations. (Res. No. R-98-220) Sec. 6-2. Traffic control devices. (a) No person shall operate a vehicle on airport roadways or parking facilities in violation of official traffic control devices. (b) No person shall operate a motor vehicle of any kind on the airport roadways in excess of speed limits indicated by posted traffic signs, except in emergencies, nor shall any person operate any motor vehicle on the airport in a reckless manner. (Res. No. R-98220) Sec. 6-3. Parking for motor vehicles. (a) No person shall park a motor vehicle at an airport other than in areas specifically established for parking. The department or law enforcement officials may authorize additional areas for parking or eliminate existing areas if conditions so warrant. (b) No person shall remove or attempt to remove any vehicle from any airport parking facility, including parking lots, without payment of any and all applicable charges and fees properly due for the period of occupancy. (c) All persons claiming a motor vehicle parked within an airport parking facility shall pay the full amount due for the parking charge for the period of occupancy. (d) No person shall intentionally present a parking claim check when exiting a parking facility which does not indicate an accurate record or the length of time the vehicle was actually within the parking facility. (e) Persons exiting an airport parking facility without a parking claim check shall pay the full daily rate for each day the vehicle was in the applicable parking facility, as may be documented and verified by the department or the airport parking management. (f) Those persons claiming vehicles without a claim check may be required to show proper identification and evidence of ownership or right to the vehicle. (g) No person shall park a motor vehicle in designated airport parking facilities for more than thirty (30) consecutive days, unless the department or its designated parking management receives prior notification and gives prior written approval for an extension of this period. If a motor vehicle is parked in violation of this provision, it may be removed pursuant to section 6-4. (h) Parking of vendor and delivery vehicles may be limited to those certain areas designated by the department for such use. Palm Beach County Ordinances 188 (Res. No. R-98-220) Sec. 6-4. Removal of Vehicles. (a) Law enforcement officers or specifically designated employees of the department are authorized to immediately remove or cause the removal of any vehicle when the vehicle is parked in violation of any provision of these rules and regulations. Vehicles so removed shall be temporarily impounded on airport property in a designated impoundment area until the owner has complied with recovery provisions established by the department or the vehicle is disposed of in accordance with applicable state or local requirements. (b) The owner of any vehicle removed to a temporary impoundment area, or his authorized representative, may recover possession of such vehicle within seven (7) days after its removal to the temporary impoundment area, unless such period is extended by the department. Upon acceptable proof of ownership and payment of appropriate parking, storage and towing charges, the owner may recover possession. Charges for towing and storage of removed vehicles shall be posted at the vehicle impoundment and recovery area. (c) In the event any removed vehicle is not recovered by its owner or the authorized representative from the temporary impoundment area within the period established in subsection (b), such vehicle is considered abandoned and may be removed from the temporary impoundment area in accordance with department procedures for abandoned vehicles. (d) The owner or authorized representative of any vehicle removed from the temporary impoundment area may recover possession of the abandoned vehicle upon proof of ownership and payment of appropriate charges accrued against such vehicle, in addition to any charges provided by state or local law. (Res. No. R-98-220) Sec. 6-5. Abandoned vehicles. No person shall abandon a vehicle upon the airport. For the purposes of this section, any vehicle or equipment, except one properly parked in an airport parking facility or other authorized parking facility, which shall have been left unattended upon the airport for a period of more than forty-eight (48) hours shall be presumed to be abandoned. Law enforcement officers and specifically designated employees of the department are authorized to remove or cause the removal of any abandoned vehicles or equipment to the designated impoundment area of the airport. The abandoned vehicle can be removed from the impoundment area at the owner's expense, upon payment of appropriate storage and towing charges. Charges for towing and storage of abandoned vehicles shall be posted at the vehicle impoundment area. (Res. No. R-98-220) Sec. 6-6. Accident reports. All persons involved in a motor vehicle accident on the airport roadways or parking facilities, which results in injury to persons or damage to property, shall stop the vehicle at the scene of the accident or as close thereto as possible, notify a law enforcement agency as soon as possible, and make a full report of such accident, including the names and addresses of the individuals involved, a description of the property or vehicles involved, registration and license numbers, and other information relevant to the accident. (Res. No. R-98-220) Sec. 7-1. Governing law. The control of all vehicular traffic on the AOA shall be governed by applicable laws of the state and county and these rules and regulations, and are to be enforced by any designated department representative or law enforcement officer. (Res. No. R-98-220) Sec. 7-2. Authority to operate on the air operations area. (a) No person shall operate or cause to be operated any motor vehicle on the AOA, unless such operation is required and is directly related to an aviation activity or the business of the department, or to the business of a tenant or authorized subtenant of the airport engaged in business activity authorized by the department. (b) No person shall operate any motor vehicle in landing areas of the airport without prior permission of the Federal Aviation Administration ("FAA") control tower, by radio. (c) The director is authorized to establish restrictions, guidelines and training requirements for the use of motor vehicles on the AOA, and to issue identification cards, passes and/or motor vehicle decals. (d) Motor vehicles operated on the AOA shall not be driven in excess of ten (10) miles per hour, except in the case of emergency. Motor vehicles operated within fifty (50) feet of an aircraft shall not be driven in excess of five (5) miles per hour, except in the case of emergency or as authorized by the department. (e) No person shall operate any motor Palm Beach County Ordinances 189 vehicle on the AOA in violation of any traffic control device. (Res. No. R-98-220) Sec. 7-3. Yielding to aircraft. All motor vehicles on the AOA shall yield to aircraft in motion, under all conditions. (Res. No. R-98220) Sec. 7-4. Crossing runways and taxiways. (a) At an airport with an operating control tower, no person shall operate a motor vehicle beyond the hold bars of an active runway, or: (1) Closer than one hundred fifty (150) feet from the edge of an active runway; or (2) Closer to an active taxiway than as may be provided in the specific operational directives for the airport, or as may subsequently be required by regulations, without first having received clearance to proceed from the control tower. (b) During periods when a control tower is shut down or at airports without a control tower, no person shall operate a motor vehicle beyond the hold bars of an active runway or closer to an active taxiway stated in the operational directives for the airport, or as may be subsequently required by regulations, without first determining that no aircraft are approaching and transmitting his or her intentions on the appropriate common traffic advisory frequency. Movement across said runway or taxiway shall then be made expediently. (Res. No. R-98-220) Sec. 7-5. Operations near aircraft. No person, other than the operator of an aircraft servicing vehicle for that aircraft, shall operate a motor vehicle on the AOA so as to pass within twenty (20) feet of a parked aircraft, unless traveling on a marked interior service road, or operate contrary to published vehicle operating procedures, including but not limited to specific routes or zones marked on pavement or regulatory signs. In the case of an aircraft being loaded or unloaded at ground level, no vehicle shall be operated on the terminal apron between the aircraft and the terminal while passengers are enplaning -or deplaning. (Res. No. R-98-220) Sec. 7-6. AOA radio requirements. The operator of a motor vehicle requiring clearance to operate the vehicle on or across an active taxiway or runway at an airport with an operating control tower shall maintain direct two-way radio contact with the control tower, or in the event the two-way radio is inoperable or unavailable, shall operate said vehicle only under the escort of an authorized motor vehicle equipped with a two-way radio in contact with the control tower. This requirement shall not apply, however, to operators of motor vehicles authorized by the department to receive pre-established visual signals from the control tower, or to operators of vehicles following pre-established special procedures of the department which have been approved by the FAA. (Res. No. R-98220) Sec. 7-7. Designated vehicle routes. No person shall operate a motor vehicle on the AOA unless such vehicle operates on established vehicle routes only, except operators of emergency vehicles responding to an alarm or department vehicles in the performance of individual duties. (Res. No. R98-220) Sec. 7-8. Vehicle equipment and safety requirements. No person shall operate a motor vehicle or equipment on the AOA unless such vehicle or equipment is in a fully operable condition and is equipped with appropriate safety equipment. (Res. No. R98-220) Sec. 7-9. Lights on motor vehicles. (a) All motor vehicles on the AOA shall be equipped with two (2) headlights and one (1) or more tail and brake lights. Vehicles designed for only one (1) headlight or taillight are exempt from this requirement. All headlights and taillights shall be lit between sunset and sunrise or when in poorly lit areas. Any motor vehicle other than an emergency vehicle operating on the AOA shall display an overhead flashing and rotating light at all times while so operating. Between the hours of sunrise and sunset a motor vehicle not so equipped with a flashing overhead light may operate if such vehicle displays a flag approved for such use by the department. (b) All baggage and cargo carts shall be equipped with reflectors of fluorescent taped material on the front rear and sides of the cart, and shall be in the color and size as approved by the department. (Res. No. R-98220) Sec. 7-10. Tugs and trailers. (a) No person shall operate a tug, trailer or other motor vehicle on the AOA, towing a train of baggage or cargo carts in excess of five (5) carts or sixty (60) feet long, unless specifically authorized in writing by the department. (b) No person shall operate a baggage cart, Palm Beach County Ordinances 190 container, dolly, semi-trailer, or any other type of trailer on the AOA unless it is equipped with proper brakes so that it will not become free rolling when disengaged from a towing vehicle. (c) No person shall tow any equipment unless such equipment has engaged positive walking couplings. (d) No person shall store any tugs, cargo or baggage carts on the AOA, except in storage areas designated for such use by the department. (Res. No. R-98-220) Sec. 7-11. Parking. (a) No person shall park a motor vehicle or other equipment on the AOA except in those areas designated or authorized by the department, nor park a vehicle in any manner contrary to any posted signs, traffic control devices or pavement markings. (b) No person shall park a motor vehicle or equipment on the AOA so as to interfere with the use of a facility by others or prevent the passage or movement of aircraft, emergency vehicles or other motor vehicles. (c) No person shall park a motor vehicle or other motorized equipment on the AOA in a manner which may interfere with or prevent an aircraft fueling vehicle from being readily driven away from such aircraft in the event of an emergency. (Res. No. R-98-220) Sec. 7-12. Motor vehicle accidents on the AOA. (a) Any person operating a motor vehicle on the AOA which is involved in an accident resulting in injury to person(s) or damage to property shall: (1) Immediately stop such vehicle at the scene of the accident or as close thereto as possible; (2) Notify the department and law enforcement officers; (3) Return to and remain at the scene of the accident and complete any required accident report. The vehicle shall be stopped and parked during these events so as to minimize any obstruction to aircraft and other vehicles. (b) Any person operating a motor vehicle on the AOA which is involved in an accident, shall make a full report of such accident to the law enforcement officials or the department as soon after the accident as possible, including the names and addresses of the individuals involved, the registration and license number of the vehicles involved, and such other information relevant to the accident on request of a representative from the department or any law enforcement officer investigating same. The operator or owner of any motor vehicle involved in such accident shall, upon request, exhibit any license, registration or other relevant documents regarding the person or property involved, to any law enforcement officer investigating same. (Res. No. R-98-220) Sec. 7-13. Repair and fueling of motor vehicles on AOA. (a) No person shall service, clean, repair, maintain or overhaul any motor vehicle or other equipment on the AOA except for immediate minimum repairs required to remove said vehicle from the AOA, or as otherwise approved or authorized by lease or operational directive of the department. (b) No person shall fuel a motor vehicle or other equipment on the AOA in any area other than those established by the department or contrary to any procedures established by the department. (Res. No. R-98-220) Sec. 8-3. Aircraft accidents. (a) Any person operating an aircraft who is involved in an accident on the airport resulting in injury to any person or damage to any property, shall immediately stop such aircraft at the scene of the accident or as close thereto as possible so as to minimize the obstruction of other aircraft or vehicle traffic. The person operating said aircraft shall then comply with the Federal Aviation Administration notification procedures and notify the department. Such person shall then return to and remain at the scene of the accident, if possible, until he has fulfilled all reporting requirements, including those set forth in subsection (b). (b) Any person operating an aircraft involved in an accident on the airport, as specified in subsection (a), and the owner of such aircraft, if other than the operator, shall make a full report of the accident to the law enforcement officials and the authorized representative of the department as soon after the accident as possible. This report should include, but is not limited to, names and addresses of the individuals involved, description of the property and all aircraft involved, registration and license number of all aircraft involved, and such other information relevant to the accident on request of any law enforcement officer investigating same. The operator of any aircraft involved in such accident shall, upon request, exhibit licenses, registrations or other documents relevant to the accident, or the persons or properties involved in an accident, to any law enforcement officer Palm Beach County Ordinances 191 investigating same. (Res. No. R-98-220) Sec. 8-12. Interference with aircraft operations. No person shall, while on the airport, disturb, interrupt or otherwise interfere with: (a) The enplanement or deplanement of aircraft passengers; (b) The departure or arrival of any aircraft; (c) Any flight crew member or other airline representative in the performance of his or her duties. (Res. No. R-98-220) Sec. 9-2-4. Distribution of literature or picketing--Limitations. A. All authorized activities shall be conducted in person by the registrant or the registrant's authorized representatives. No registrant shall place donation boxes, tables, chairs, booths, kiosks or display racks within the airport terminal building or any other areas of the airport. B. In order to not unduly interfere with the orderly flow of the traveling public, all distribution of literature or picketing activities shall be strictly limited to only those nonsecured, public use areas of the airport terminal building as specifically designated on the exhibit to the registration. These designated areas shall be available on a firstcome, first-served basis. No more than four (4) persons conducting distribution of literature activities, as authorized pursuant to these rules and regulations, shall be present at one time within those certain areas specified for the conduct of such activities and as designated on the exhibit to the registration. All picketing activities, as authorized pursuant to these rules and regulations, shall be strictly limited to only those certain areas outside the airport terminal building specified for the conduct of such activities and as designated on the exhibit to the registration. No more than ten (10) persons conducting picketing activities pursuant to these rules and regulations shall be present at one time within each area. C. While participating in the activities as authorized by the registration, registrants shall prominently display on his/her person an identification badge or insignia which shall be visible at all times. Such identification shall be furnished by the registrant and shall require the prior written approval of the director. All such badges shall bear the identification number of the registration on file with the department of airports. D. Registrants shall not be permitted to: 1Obstruct, delay, or in any way interfere with the free movement of others; 2Seek to coerce or physically disturb others; 3Hamper or impede the conduct of business; 4Use any sound or voice amplifying apparatus; 5Use any drum, bell, tambourine, horn, or other noise making device; 6In any way indicate to the public that he or she is a representative of the county, the director or the airport, or otherwise misrepresent his identity in any way; or 7Display or carry signs that are larger than three (3) square feet, and such signs shall not be attached or connected to a stick or post of any kind. No sign shall be attached to any portion of the premises of the airport. All signs and any literature authorized for distribution shall be removed when registrant is not present. No person shall carry more than one (1) sign. E. The director may declare an emergency, as set forth in Florida Statutes, § 496.425(8), as amended, due to unusually congested conditions in, on or about the airport terminal building which may be caused by adverse weather, schedule interruptions, extremely heavy passenger traffic or any other emergency security situation. In such event, the director shall cause the registrant or its representative(s) to be so advised either directly or via announcement, and either verbally or in writing. Immediately upon being so advised, the registrant and all representatives of the registrant shall cease conducting any and all activities until such time as the director provides written notice that the declared emergency no longer exists and that the registrant is specifically authorized to resume its permitted activities. (Res. No. R-98-220) Sec. 9-2-5. Distribution of literature or picketing--Scope. These rules and regulations shall apply to all Palm Beach County owned and operated airports except section 9-2-4.B., which shall apply only at Palm Beach International Airport. The director shall have the authority to prescribe from time to time the designated areas and maximum number of persons allowed within such areas for the conduct of authorized distribution of literature and picketing activities at all county owned and operated airports other than Palm Beach International Airport. (Res. No. R-98220) Sec. 10-2. - Ground transportation. (a) No person shall engage in ground transportation services on PBIA, including, Palm Beach County Ordinances 192 without limitation, taxicabs, limousines, transportation network companies, courtesy vehicles, shuttles, busses or vehicles for hire, without a ground transportation permit authorizing such ground transportation services. (b) The following rules and regulations shall apply to persons engaging in ground transportation services on PBIA: (1) No person engaging in ground transportation services shall solicit passengers, customers, employees or any other person on PBIA for ground transportation services. With the exception of the PBIA's ground transportation concessionaire, vehicle for hire services shall be provided on a pre-arranged basis only. (2) Customers shall only be loaded and unloaded in those areas designated by the department for such purposes. Drivers shall remain in their vehicles within such designated areas, except to assist customers with the loading or unloading of their baggage. (3) Except as otherwise provided for in this Article X or as authorized by agreement with the county, persons engaging in ground transportation services at PBIA shall not park, stage or loiter in any area on PBIA. Vehicles for hire shall be permitted to park in PBIA's public parking facilities with a valid manifest for the purpose of greeting a customer in such locations within the PBIA terminal building as may be designated by the department for such purposes and such other parking areas as may be designated by the department for use by vehicles for hire, subject to payment of applicable fees and charges and compliance with the requirements of these rules and regulations. (4) Transportation network companies shall be required to establish and maintain a geo-fence and shall demonstrate the proper functioning and operation of the geo-fence to the department upon request. Drivers providing TNC services shall not enter the established geo-fence to pick up passengers without a valid electronic or digital manifest. (5) Vehicles for hire shall comply with the requirements of the vehicle for hire ordinance. (6)Persons engaging in ground transportation services shall obtain and clearly display all required vehicle decal(s) authorizing access to PBIA issued by the department, or Palm Beach County Division of Consumer Affairs on behalf of the department, or such other business identification as may be required by the department such as trade dress. Vehicle decals shall be displayed on the passenger side of the vehicle on the lower corner inside the windshield and shall be clearly visible from the exterior. Display of a fraudulent vehicle decal shall be a violation of these rules and regulations. (7)Persons engaging in ground transportation services shall pay all applicable fees and charges. (8)Persons engaging in ground transportation services shall be required to comply with all ground transportation permit requirements. (c) Fees and charges for ground transportation permits may be approved and amended from time to time by separate resolution of the board or by agreement with the county. (d) Ground transportation permits shall only be issued to vehicle for hire companies who are in compliance with the requirements of the vehicle for hire ordinance. (e) In addition to any other remedies available at law or under a ground transportation permit, the director, or his designee, may suspend or revoke any ground transportation permit issued pursuant to this section for failure to comply with the requirements of this section or any terms or conditions of any ground transportation permit. Failure to comply with the terms and conditions of any ground transportation permit shall be considered a violation of these rules and regulations. (f) Notwithstanding any provisions of Article X to the contrary, vehicles for hire shall be permitted to drop off customers at PBIA in locations designated by the department and immediately exit PBIA without obtaining a ground transportation permit, but shall remain subject to all other applicable requirements of these rules and regulations. Vehicle for hire operators dropping off customers at PBIA without a ground transportation permit shall not be permitted to park in locations designated by the department for holders of ground transportation permits. (g) Compliance with the requirements of this Article X shall in no way relieve any person from compliance with all municipal, county, state and federal laws, including the vehicle for hire ordinance. (Res. No. R-2016-0757 § 6-21-16) Palm Beach County Ordinances 193 Sec. 10-3. Rental cars. (a) Concessionaire rental car companies and non-concessionaire rental car. Companies shall utilize only designated areas of the Palm Beach International Airport roadways for picking up or dropping off customers and their baggage. (b) Concessionaire rental car companies have the right to engage in rental car business within leasehold areas of PBIA and have the right to operate courtesy vehicles in designated areas of the airport roadways. (Res. No. R-98-220) Sec. 10-4. Buses. No person shall attempt to solicit or invite persons to ride in a bus for hire on airport property without approval of the department and under the department's terms and conditions, which conditions may include the areas and/or routes that the bus may travel and the areas where passengers and baggage may load and unload. (Res. No. R98-220) Sec. 10-5. Nonconcessionaire rental car companies. All non-concessionaire rental car companies desiring to pick up or drop off customers at the airport shall obtain a rental car airport permit. Each non-concessionaire rental car company shall obtain the permit before exercising the privileges as set forth therein. (Res. No. R-98-220) NOISE ORD. (Unified Land Development Code) Article 5 Supp. Regulations 1Section 4 Nuisances A. General. 1.Purpose and Intent. The purpose and intent of this Chapter is to regulate possible nuisances, such as excessive noise, vibration, odors, and outdoor lighting which could interfere with the peaceful enjoyment of land. 2.Applicability. This Chapter shall apply to all land in the unincorporated area of PBC, unless exempt pursuant to Art. 5.E.1.E, Upgrade Agreement. 3.Conflicts. Any conflict between this Chapter and any other provision in this Code or any other Ordinance adopted by the BCC, or provision, regulation, standard, or law adopted by Statute, the more stringent shall apply. 4.Definitions. (See Art 1. I, Definitions and Acronyms). 5.Exemptions. The following are exempt from this Chapter: a. Transportation. Sound generated from motor vehicles legally operating on any public R-O-W regulated by F.S. Chapter 316 (Uniform Traffic Control Law). Sound generated by interstate rail carriers operating on any railroad R-O-W. Sound generated by an airport, including all airport related operations. All other uses of land preempted by applicable State of Florida or Federal laws or regulations. b. Sanctioned Activities. Sound generated by a government sanctioned activity conducted on public land or in a public R-O-W (e.g. parades). c. Crowd Noise. Non-amplified sound generated by a crowd noises at sporting events. d. Research and Technology Overlay (RTO). Sound generated from a source located within the RTO. e. Farm Operation. Bona fide agricultural operations conforming to generally accepted agricultural and best management practices. f.AGR District. Noise, vibration, smoke, emissions, particulate matter, odors, and outdoor lighting by farm operations conforming to generally accepted agricultural and management practices in the AGR district. [Ord. 2005-041] g. Temporary, Portable Power Generators. Sound generated by temporary, portable power generators used only during periods of electrical power outages in utility distribution systems maintained by the utility service provider. [Ord. 2005-041] B. Noise Limitations and Prohibitions. In addition to the maximum sound levels set forth in Table 5.E.4.B-14, Maximum Sound Levels, the following activities shall be limited or prohibited as follows: 1. Prohibitions a. Horns. Sounding a horn or other audible signal device, except as required by law or as a warning of imminent danger. The sounding of any device for an unnecessary reason or unreasonable period of time is prohibited. b. Parks. Operating or playing any radio, television, phonograph, musical instrument, or similar device on public land or in a public R-O-W at a distance of 100 feet from the source which generates excessive noise. c. Amplified Sound. Operating, playing or using any loud speaker, loud speaker system, sound amplifier, radio, television, phonograph, musical instrument, or similar device which generates excessive noise at the property line of inhabited residential land. This provision shall not apply to special events but shall apply to lounges, restaurants, or nightclubs. Palm Beach County Ordinances 194 d. Advertising. Operating, playing, or using any device which generates excessive noise at the property line that is cast or emitted upon the public streets and sidewalks for the purpose of commercial advertising or for attracting the attention of the public. e. Machinery and Construction Work The operation of any machinery, demolition equipment, construction equipment, excavating equipment, power tool, equipment of semi-mechanical device, or undertaking construction work which generates excessive noise at the property line of inhabited residential land between the hours of 10:00 PM and 7:00 AM. Construction work other than minor repairs by a homeowner and work permitted to an owner builder shall be prohibited on Sunday. This restriction shall not prohibit the use of pumps or machinery which, because of their nature and purpose, are required to be in operation 24 hours a day. f.Lawn equipment. The operation of lawn or garden maintenance equipment or machinery which generates Excessive Noise at the property line of inhabited residential land between the hours of 10:00 PM and 7:00 AM. 2. Maximum Sound Levels a. No person shall operate or cause to be operated any source of sound from any location in such a manner as to create a sound level which exceeds the limits set forth in Table 5.E.4.B-14, Maximum Sound Levels, for more than ten percent of any measurement period, which period shall not be less than ten minutes. Sound Level Measurement Compliance shall be determined with a Type 2 or equivalent sound level meter using the A Weighting Scale in accordance with the standards of the American National Standards Institute (ANSI). All measurements shall be made with a sound meter at or within the boundary of the complaining landowner within the property lines of the receiving land. Table 5.E.4.B-14 - Maximum Sound levels Receiving Land Maximum Sound Use Type Sound Source Time of Day Level Residential Fixed mechanical Any time . . . . . . . . . . . . . 60 dBA Residential Permanent Generator (See Art 5.B.1A.18) . . . . . 75 dBA Residential All other sources 7 am - 8 pm . . . . . . . . . . . 60 dBA 8 pm - 10 pm . . . . . . . . . . 55 dBA 10 pm - 7 am . . . . . . . . . . 50 dBA Commercial All Sources Any time . . . . . . . . . . . . . 70 dBA Nonresidential All Sources Any time . . . . . . . . . . . 70 dBA Non Residential Permanent Generator (See Art 5.B.1A.18) . . . . . 75 dBA 3. Public Nuisance a. Injunctive Relief. Any emission of noise the generation of sound from any source in excess of the limitations established in, or pursuant to, this Chapter shall be deemed and is hereby declared to be a public nuisance. Upon receipt of written complaint of violation of this Chapter, the Code Enforcement Officer may investigate and request the County Attorney to file injunctive proceedings to abate the nuisance. Such proceedings shall be cumulative and in addition to the penalties provided herein. b. Civil Action. The generation of sound from any source not limited by this Code shall be considered a civil issue and addressed accordingly by law. C. Vibration 1.Non-Industrial Districts In all districts, except with an Industrial (IND) FLU designation, no use shall operate so as to produce ground vibration noticeable by a person of reasonable sensitivity at the property line. D. Smoke, Emissions and Particulate Matter. 1.General Requirements. No use or activity shall be operated except in full compliance with the standards controlling air pollution as provided in the laws of the State of Florida and the ordinances. [Ord. 2006-004] 2.Smoke. In all districts, unless otherwise covered by a specific visible emission limiting standard by a FDEP Rule or County Ordinance, every use shall be operated so as to prevent the emission of smoke from any source whatever, the density of which is equal to or greater than that designated as Number 1 on the Ringlemann Chart, or the opacity of which is equal to or greater than twenty percent. For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, or Method 9, as published in Rule 62-296 F.A.C., is incorporated herein by reference. All measurements shall be at the point of emission. [Ord. 2006-004] 3.Dust and Particulate. Every use shall be operated to prevent the emission into the air of dust or other solid particulate matter which may cause danger to land and the health of persons or animals at or beyond the lot line of the premises on which the use is located, in accordance with Rule 62-296 F.A.C. [Ord. 2006-004] 4.Objectionable Odors. No person shall cause, suffer, allow or commit the discharge of air pollutants which contribute to an objectionable odor in accordance with Rule 62-296 .320 (2) F.A.C. [Ord. 2006-004] 5.Toxic or Noxious Matter. No use shall for any period of time, discharge across the boundaries of a lot on which it is located, Palm Beach County Ordinances 195 toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or general welfare, or cause injury or damage to persons, land, or the use of land, or render unclean the waters of the state to the extent of being harmful or inimical to the public health, or to animal or aquatic life, or to the use of such waters for domestic water supply, industrial purposes, recreation, or other legitimate and necessary uses. [Ord. 2006-004] E. Outdoor Lighting 1.Purpose and Intent. It is the intent of this Section to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures, luminaries and lighting systems are designed, constructed, and installed to: control glare and light trespass, minimize obtrusive light, eliminate the increase of lighting levels on competing sites, provide safe roadways for motorist, cyclists and pedestrians, conserve energy and resources while maintaining safety, security and productivity, and curtail the degradation of the nighttime visual environment. [Ord. 2005-041] 2.Applicability. All outdoor lighting shall be subject to the requirements of Table 5.E.3.D – 13, Illumination Levels, and Table 5.E.3.D – 14, Maximum Permitted Luminaire Height, unless exempted or permitted to deviate as described herein. Lighting not specifically listed may be classified by the Zoning Director of PZB pursuant to Art. 1.B, Interpretation of the Code. In Addition to the standards in this Section, outdoor lighting shall be consistent with Article 14, Environmental Standards. [Ord. 2005-041] a. Conflict. In the case of a conflict between this Section other provisions of this Code, or other applicable codes, the more strict regulation shall apply. [Ord. 2005-041] b. Non-conforming Lighting. All luminaries that do not comply with the standards of this Section shall be subject to the limitations on expansion, maintenance, relocation, damage repair and renovations pursuant to Art. 1.F, Non-conformities. [Ord. 2005-041] c. Exemptions. The following uses shall be exempt to the extent listed below: [Ord. 2005-041] 1) Residential. Single-family, townhouses, multi-family dwellings up to two units shall not be subject to the requirements of this Section. [Ord. 2005-041] 2) Street Lights. Street lights in any public ROW that meet the requirements of the appropriate public utility. [Ord. 2005-041] 3) Temporary Lighting. The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from glare. [Ord. 2005-041] 4) Landscape and Accent Lighting. Landscape and Accent Lighting fixtures that comply with the Florida Building Code, Chapter 13 Section 13-415.1ABC.2.1 efficancy requirements shall be exempt. All exempt Landscape and Accent Lighting fixtures must have a locking mechanism and a glare shield so that light is aimed, and remains aimed at the surface intended. [Ord. 2008-037] d. Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited in unincorporated PBC: [Ord. 2005-041] 1) Any light that creates glare observable within the normal range of vision onto a street or creates a safety hazard; [Ord. 2005-041] 2) Any light that resembles an authorized traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular traffic as determined by the Zoning Director or Traffic Director; [Ord. 2005-041] 3) Beacon or searchlights, except for temporary grand openings and special events, as limited by State of Florida or Federal law; [Ord. 2005-041] 4) Any drop lens fixture or fixture that does not meet the IESNA Full-Cutoff classification of 0% of lumens above 90 degrees from nadir. This includes, but is not limited to, parking lot fixtures, building façade fixtures, and other non-landscape lighting fixtures. [Ord. 2008-037] 5) Animated lighting, unless authorized under Art. 8, Signage. [Ord. 2005-041] e. Deviations. Lighting may vary from this Section to the extent necessary to comply with the following: [Ord. 2005-041] 1) F.S. 655.962, related to ATM lighting; [Ord. 2005-041] 2) F.S.812.173, related to Parking lots for Convenience Businesses; [Ord. 2005-041] 3) Lighting on schools required by FBC Chapter 423 and 424, and the SDPBC Electrical Design Criteria; [Ord. 2005-041] 4) Airport Lighting regulated by State or Federal law; [Ord. 2005-041] 5) Lighting for obstructions to air Palm Beach County Ordinances 196 navigation as provide U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 70/7460-1K; [Ord. 2005-041] 6) Lights required on vehicles under state uniform traffic control statutes or for vessels under vessel safety statutes under F.S. 316 and 327; [Ord. 2005-041] 7) Lighting for public health required by F.S. 381; [Ord. 2005-041] 8) Electrical code statute requirements under state building code; [Ord. 2005-041] 9) F.S. 553.963 and F.S. 553.904, Efficiency and Energy Conservation Statutes under Building Code Standards; [Ord. 2005-041] 10) Lighting for outdoor theaters under F.S. 555.07; [Ord. 2005-041] 11) Lighting for communication towers under Art. 4.C.3.Q.2 of the ULDC; and [Ord. 2005-041] 12) Other federal, state and local laws and regulations that may apply. [Ord. 2005-041] 3.Submittal Requirements a. Photometric Plan. All building permit applications that include the use of external luminaries, or luminaries visible from the exterior of a structure shall include an outdoor lighting plan and an outdoor security lighting plan showing location, type, and height of all luminaries, and photometrics in foot-candle output of all proposed and existing luminaries on-site. On-site lighting to be included in the calculations shall include, but is not limited to, lighting for parking lot, canopies, recessed lighting along the building and/or overhang. Each plan shall include any calculations or modifications required to comply with items listed in Art. 5.E.3.D.2.e, Deviations. The photometric plans shall include the following: [Ord. 2005-041] 1) A table showing the average, minimum, and maximum foot-candles, average to minimum ratio, and maximum to minimum ratio on the site, and maximum luminaire heights. Maximum photometric calculation grid shall not exceed ten feet. [Ord. 2005-041] 2) Manufacturer's catalog cuts that provide a description of the luminaries, including wattage, lumen output, glare reduction/control devices, lamps, on-off cycle control devices and mounting devices. [Ord. 2005-041] 3) All photometric plans must be signed and sealed by a licensed engineer, architect or Landscape Architect. [Ord. 2005-041] [Ord. 2008-037] 4) A Certificate of Compliance signed and sealed by a licensed engineer, architect or Landscape Architect, must be submitted prior to the issuance of a Certificate of Occupancy. [Ord. 2005-041] [Ord. 2008-037] 5) The photometric plan shall not include time averaging or other alternative methods of measurement. A Light Loss Factor (LLF) shall be used for the calculations in a photometric plan. The values of the LLF shall be a maximum value of 0.72 for Metal Halide, 0.81 for High Pressure Sodium and 0.95 for LED, based on manufacturers’ initial lamp lumens. [Ord. 2005- 041] [Ord. 2008-037] 4. Standards a. Confinement. All outdoor lighting shall utilize full cutoff luminaries per the Illuminating Engineering Society of North America (IESNA) definition of full cutoff which allows for 0% of lumens above 90 degrees from nadir. No luminaries other than landscape lighting exempted per E.2.c.4, shall be directed upwards to avoid urban sky glow. In the U/S Tier, accent and landscape luminaries not exceeding 100 watts. [Ord. 2005-041] [Ord. 2008-037] b. Light Trespass. The maximum illumination at the property line of an adjoining residential parcel or public ROW is 0.33 horizontal and vertical foot-candles measured at six feet above grade level. Said illumination likewise measured at the property line of an adjoining non-residential parcel, shall not exceed 3.0 horizontal and vertical foot-candles measured at six feet above grade level. [Ord. 2005-041] c. Security Lighting and Time Restrictions 1) Full cutoff luminaires shall be used for all security lighting and dusk-to-dawn area lighting. [Ord. 2005-041] 2) Outdoor illumination, including but not limited to, areas used for outdoor sales and display, eating, parking, assembly, service, storage of equipment and freight, loading and unloading, repair, maintenance, commercial activities, and industrial activities shall not continue after 11:00 P.M., or no more than one hour after active use of the area ceases, whichever is later, except for security lighting. [Ord. 2005-041] 3) Security lighting shall be required for all active entrances to buildings, parking lots and accessto buildings or parking lots. All security lighting shall maintain an average of 0.75fc, a minimum of 0.3fc and a 197 maximum of 3fc from dusk until dawn. [Ord. 2005-041] [Ord. 2008- 037] 4) No outdoor recreational facility shall be illuminated after 11:00 P.M. except to conclude a scheduled and sanctioned recreational or sporting event by PBC or other authorized agency in progress prior to 11:00 P.M. The luminaries shall be extinguished after outdoor recreational events are completed and the site has been vacated. [Ord. 2005-041] a) Exceptions. Public recreational facilities such as boat ramps, fishing piers, or other similar facilities that operate or are open to the public on a 24 hour basis. [Ord. 2005-041] 5) Automatic timing devices with a photosensor or an astronomical timeclosk, which control the hours of illumination shall be required for all parking lots, car dealerships/outdoor display lots and parking garages. These devices may remain on Eastern Standard Time throughout the year. [Ord. 2005-041] [Ord. 2008-037] d. Illumination Levels. Table 5.E.4.D – 15, Illumination Levels, indicates the minimum and maximum illumination levels for specific site elements, as well as the maximum to minimum, and average to minimum ratios. [Ord. 2005-041] 1Editors Note: Noise ordnance violations frequently occur inside a home, before making a custodial arrest inside a home, you should consult with a supervisor, Legal Advisor or Palm Beach County Attorney’s Office. 2Editors Note: To keep the overall size of the LEO handbook manageable, illumination tables omitted, go to http://www.pbcgov.com/PZB/uldc/articles/Article5.pdf. 198 Florida Traffic Statutes 199 The following pages contain selected sections of the FLORIDA TRAFFIC STATUTES. Florida Traffic Statutes 200 CHAPTER 316 STATE UNIFORM TRAFFIC CONTROL ....... Page #213 316.003 Definitions. 316.006 Jurisdiction. 316.027 Accidents involving death or personal injuries. 316.061 Accidents involving damage to vehicle or property. 316.062 Duty to give information and render aid. 316.063 Duty upon damaging unattended vehicle or other property. 316.064 When driver unable to report. 316.065 Accidents; reports; penalties. 316.066 Written reports of accidents. 316.067 False reports. 316.068 Accident report forms. 316.070 Exchange of information at scene of accident. 316.071 Disabled vehicles obstructing traffic. 316.072 Obedience to and effect of traffic laws. 316.073 Applicability to animals and animal-drawn vehicles. 316.074 Obedience to and required traffic control devices. 316.0741 High occupancy vehicle lanes. 316.0745 Uniform signals and devices. 316.07456 Transitional implementation. 316.0747 Sale or purchase of traffic control devices by non governmental entities; prohibitions. 316.075 Traffic control signal devices. 316.0755 Pedestrian control signals. 316.076 Flashing signals. 316.0765 Lane direction control signals. 316.077 Display of unauthorized signs, signals or markings. 316.0775 Interference with official traffic control devices or railroad signs or signals. 316.0776 Traffic infraction detectors; placement and installation. 316.078 Detour signs to be respected. 316.079 Duty to yield to highway construction workers. 316.081 Driving on right side of roadway; exceptions. 316.082 Passing vehicles proceeding in opposite directions. 316.0825 Vehicle approaching an animal. 316.083 Overtaking and passing a vehicle. 316.084 When overtaking on the right is permitted. 316.085 Limitations on overtaking, passing, changing lanes and changing course. 316.087 Further limitations on driving to left of center of roadway. 316.0875 No-passing zones. 316.088 One-way roadways and rotary traffic islands. 316.089 Driving on roadways laned for traffic. 316.0895 Following too closely. 316.090 Driving on divided highways. 316.091 Limited access facilities; interstate highways; use restricted. 316.1001 Payment of toll on toll facilities required; penalties. 316.121 Vehicles approaching or entering intersections. 316.122 Vehicle turning left. 316.123 Vehicle entering stop or yield intersection. 316.1235 Vehicle approaching intersection in which traffic lights are inoperative. 316.125 Vehicle entering highway from private road or driveway or emerging from alley, driveway or building. 316.126 Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle. 316.130 Pedestrian obedience to traffic control devices and traffic regulations. 316.1301 Traffic regulations to assist blind persons. 316.1303 Traffic regulations to assist mobility-impaired persons. 316.1305 Fishing from state road bridges. 316.1355 Driving through safety zone prohibited. 316.151 Required position and method of turning at intersections. Florida Traffic Statutes 201 316.1515 Limitations on turning around. 316.152 Turning on curve or crest of grade prohibited. 316.154 Starting parked vehicle. 316.155 When signal required. 316.156 Signals by hand and arm or signal lamps. 316.157 Method of giving hand and arm signals. 316.1575 Obedience to traffic control devices at railroad-highway grade crossings. 316.159 Certain vehicles to stop at all railroad grade crossings. 316.170 Moving heavy equipment at railroad grade crossings. 316.171 Traffic control devices at railroad-highway grade crossings. 316.172 Traffic to stop for school bus. 316.183 Unlawful speed. 316.185 Special hazards. 316.187 Establishment of state speed zones. 316.189 Establishment of municipal and county speed zones. 316.1895 Establishment of school speed zones, enforcement; designation. 316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence. 316.1906 Radar speed-measuring devices; evidence, admissibility. 316.191 Racing on highways. 316.192 Reckless driving. 316.1923 Aggressive Careless Driving 316.1925 Careless driving. 316.1926 Additional offenses. 316.193 Driving under the influence; penalties. 316.1932 Breath, blood, and urine tests for alcohol, chemical substances, or controlled substances; implied consent; right to refuse. 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. 316.1934 Presumption of impairment; testing methods. 316.1935 Fleeing or attempting to elude a police officer. 316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties. 316.1939 Refusal to submit to test; penalties 316.194 Stopping, standing or parking outside of municipalities. 316.1945 Stopping, standing, or parking prohibited in specified places. 316.195 Additional parking regulations. 316.1951 Parking for certain purposes prohibited. 316.1955 Parking spaces provided by governmental agencies for certain disabled persons. 316.1957 Parking violations; designated handicapped parking spaces. 316.1958 Out of state vehicles bearing handicapped identification. 316.1959 Handicapped parking enforcement. 316.1965 Parking near rural mailbox during certain hours; penalties. 316.1967 Liability for payment of parking ticket violations and handicapped parking violations. 316.1974 Funeral or other processions. 316.1975 Unattended motor vehicle. 316.1985 Limitations on backing. 316.1995 Driving upon sidewalk or bicycle path. 316.2004 Obstruction to driver's view or driving mechanism. 316.2005 Opening and closing vehicle doors. 316.2014 Riding in house trailers. 316.2015 Unlawful for person to ride on exterior of vehicle. 316.2025 Following fire apparatus prohibited. 316.2034 Crossing fire hose. 316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc. 316.2044 Removal of injurious substances. Florida Traffic Statutes 202 316.2045 Obstruction of public streets, highways, and roads. 316.2051 Certain vehicles prohibited on hard-surfaced roads. 316.2055 Motor vehicles, throwing advertising materials in. 316.2061 Stop when traffic obstructed. 316.2065 Bicycle regulations. 316.2071 Personal delivery devices 316.2074 All-terrain vehicles. 316.208 Motorcycles and mopeds. 316.2085 Riding on motorcycles or mopeds. 316.209 Operating motorcycles on roadways laned for traffic. 316.2095 Footrests, handholds, and handlebars. 316.211 Equipment for motorcycle and moped riders. 316.212 Operation of golf carts on certain roadways. 316.2123 Operation of an ATV on certain roadways. 316.2125 Operation of golf carts within a retirement community. 316.2126 Use of golf carts and utility vehicles by municipalities. 316.21265 Use of all-terrain vehicles, golf carts, low-speed vehicles, or utility vehicles by law enforcement agencies 316.2128 Operation of motorized scooters and miniature motorcycles; requirements for sales. 316.215 Scope and effect of regulations. 316.217 When lighted lamps are required. 316.220 Headlamps on motor vehicles. 316.221 Taillamps. 316.222 Stop lamps and turn signals. 316.2225 Additional equipment required on certain vehicles. 316.224 Color of clearance lamps, identification lamps, side marker lamps, backup lamps, reflectors, and deceleration lights. 316.225 Mounting of reflectors, clearance lamps and side marker lamps. 316.226 Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps. 316.227 Obstructed lights not required. 316.228 Lamps or flags on projecting load. 316.229 Lamps on parked vehicles. 316.2295 Lamps, reflectors and emblems on farm tractors, farm equipment and implements of husbandry. 316.231 Lamps on other vehicles and equipment. 316.233 Spot lamps and auxiliary lamps. 316.234 Signal lamps and signal devices. 316.235 Additional lighting equipment. 316.237 Multiple-beam road-lighting equipment. 316.238 Use of multiple-beam road-lighting equipment. 316.2385 Requirements for use of lower beam. 316.239 Single-beam road-lighting equipment. 316.2395 Motor vehicles; minimum headlamp requirement. 316.2396 Number of driving lamps required or permitted. 316.2397 Certain lights prohibited; exceptions. 316.2398 Display or use of red lights; motor vehicles of volunteer firemen or medical staff. 316.2399 Special warning lights for buses or taxicabs. 316.240 Standards for lights on highway maintenance and service equipment. 316.241 Selling or using lamps or equipment. 316.242 Revocation of certificate of approval on lighting devices. 316.251 Maximum bumper heights. 316.252 Splash and spray suppressant devices. 316.253 Vehicles used to sell ice cream and other confections; display of warnings required. 316.261 Brake equipment required. 316.263 Maintenance of brakes. 316.267 Brakes on electric-powered vehicles. Florida Traffic Statutes 203 316.271 Horns and warning devices. 316.272 Exhaust systems, prevention of noise. 316.293 Motor vehicle noise. 316.2935 Air pollution control equipment; tampering prohibited; penalty. 316.294 Mirrors. 316.2951 Motor vehicle windows; definitions. 316.2952 Windshields; requirements; restrictions. 316.2953 Side windows; restrictions on sun screening material. 316.2954 Windows behind the driver; restrictions on sun screening material. 316.2955 Window sun screening material; compliance labeling; tolerances. 316.2956 Violation of provisions relating to windshields, windows, and sun screening material; penalties. 316.2957 Exemption for motor vehicle manufacturers. 316.299 Rough surfaced wheels prohibited. 316.300 Certain vehicles to carry flares or other devices. 316.301 Display of warning lights and devices when vehicle is stopped or 316.303 Television receivers. 316.304 Wearing of headsets. 316.3045 Operation of radios or other mechanical sound making devices or instruments in vehicles; exemptions. (Held unconstituntion State v. Catalano, Florida Supreme Court Decimeter 12, 2012) 316.305Wireless communications devices; prohibition. 316.400 Headlamps. 316.405 Motorcycle headlights to be turned on. 316.410 Taillamps. 316.415 Reflectors. 316.420 Stop lamps. 316.425 Lamps on parked motorcycles. 316.430 Multiple-beam road-lighting equipment. 316.435 Lighting equipment for motor-driven cycles. 316.440 Brake equipment required. 316.445 Performance ability of motorcycle brakes. 316.455 Other equipment. 316.46 Equipment regulations for mopeds. 316.500 Exceeding weight and length; penalties. 316.510 Projecting loads on passenger vehicles. 316.520 Loads on vehicles. 316.525 Requirements for vehicles hauling loads. 316.530 Towing requirements. 316.550 Operations not in conformity with law; special permits. 316.560 Damage to highways; liability of driver and owner. 316.600 Health and sanitation hazards. 316.605 Licensing of vehicles. 316.610 Safety of vehicle; inspection. 316.6105 Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition. 316.613 Child restraint requirements. 316.6135 Leaving children unattended or unsupervised in motor vehicle; penalty; authority of law enforcement officer. 316.614 Safety belt usage. 316.615 Inspection of school buses; physical requirements of drivers. 316.620 Transportation of migrant farm workers. 316.640 Enforcement. 316.645 Arrest authority of officer at scene of a traffic accident. 316.646 Security required; proof of security and display thereof; dismissal of cases. 316.650 Traffic citations. 316.655 Penalties. 316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense. Florida Traffic Statutes 204 316.80 Unlawful conveyance of fuel; obtaining fuel fraudulently. 316.85 Autonomous vehicles; operation. CHAPTER 318DISPOSITION OF TRAFFIC INFRACTIONS . . . . Page #322 318.13 Definitions. 318.14 Noncriminal traffic infractions; exception; procedures. 318.15 Failure to comply with civil penalty or to appear; penalty. 318.17 Offenses excepted. 318.18 Amount of civil penalties. 318.19 Infractions requiring a mandatory hearing. 318.32 Jurisdiction; limitations. 318.33 Appeals. 318.34 Qualifications. 318.35 Term of office. 318.36 Code of ethics. CHAPTER 319TITLE CERTIFICATES . . . . . . . . . . . . . . . . . . . . . . . . . Page #334 319.30 Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; salvage. 319.33 Offenses involving vehicle identification numbers, applications, certificates, papers; penalty. 319.35 Unlawful acts in connection with motor vehicle odometer readings; penalties. CHAPTER 320MOTOR VEHICLE LICENSES . . . . . . . . . . . . . . . . . . Page #345 320.01 Definitions, general. 320.02 Registration required; application for registration; forms. 320.025 Registration certificate and license plate issued under fictitious name; application. 320.0601 Rental car companies; identification of vehicles as for-hire 320.0605 Certificate of registration; possession required; exception. 320.0607 Replacement license plates, validation decal, or mobile home sticker. 320.061 Unlawful to alter license plates, mobile home stickers, or validation stickers; penalty. 320.07 Expiration of registration; annual renewal required; penalties. 320.0706 Display of license plates on trucks. 320.0803 Moped and motorized bicycle license plates. 320.0848 Disabled persons; issuance of exemption parking permits; temporary permits; permits for certain providers of transportation services to persons with disabilities. 320.105 Golf carts; exemption. 320.131 Temporary tags. 320.1325 Registration required for the temporarily employed. 320.26 Counterfeiting license plates, validation stickers, mobile home stickers, cab cards, trip permits, or special temporary operational permits prohibited; penalty. 320.37 Registration not to apply to nonresidents. 320.371 Registration not to apply to certain manufacturers and others. 320.38 When nonresident exemption not allowed. 320.57 Penalties for violations of this chapter. CHAPTER 321HIGHWAY PATROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #364 321.03 Imitations prohibited; penalty. 321.051 Florida Highway Patrol Wrecker operator system 321.065 Traffic accident investigation officers employment standards CHAPTER 322DRIVERS' LICENSES ......................... Page #366 322.01 Definitions. 322.03 Drivers must be licensed; penalties. 322.032 Digital proof of driver license. 322.031 Nonresident; when license required. Florida Traffic Statutes 205 322.04 Persons exempt from obtaining driver's license. 322.05 Persons not to be licensed. 322.05 Identification cards. 322.055 Revocation or suspension of, or delay of eligibility for, driver's license for persons 18 years of age or older convicted of certain drug offenses. 322.059 Mandatory surrender of suspended driver's license and registration. 322.065 Driver's license expired for 4 months or less; penalties. 322.07 Instruction permits and temporary licenses. 322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation. 322.16 Restricted licenses. 322.19 Change of address or name. 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver's license or identification card. 322.22 Authority of department to cancel license. 322.221 Department may require reexamination. 322.261 Suspension of license for refusal to submit to breath, urine, or blood test for impairment. 322.2615 Suspension of license; right to review. 322.264 Habitual traffic offender" defined. 322.30 No operation under foreign license during suspension, revocation, or disqualification in this state. 322.32 Unlawful use of license. 322.33 Making false affidavit perjury. 322.34 Driving while license suspended, revoked, canceled, or disqualified. 322.341 Driving while license permanently revoked 322.35 Permitting unauthorized minor to drive. 322.36 Permitting unauthorized operator to drive. 322.37 Employing unlicenced driver. 322.38 Renting motor vehicle to another. 322.39 Penalties. 322.53 License required; exemptions. 322.54 Classification. 322.59 Possession of medical examiner's certificate. 322.61 Disqualification from operating a commercial motor vehicle. 322.62 Driving under the influence; commercial motor vehicle operators. 322.63 Alcohol or drug testing; commercial motor vehicle operators. 322.64 Holder of commercial driver's license; driving with unlawful blood alcohol level; refusal to submit to breath, urine, or blood test. CHAPTER 324FINANCIAL RESPONSIBILITY ................. Page #396 324.021 Definitions; minimum insurance required. 324.022 Financial responsibility for property damage. 324.031 Manner of proving financial responsibility. 324.051 Reports of accidents; suspensions of licenses and registrations. 324.072 Proof required upon certain convictions. 324.201 Return of license or registration to department. 324.221 Penalties. Florida Traffic Statutes 206 Traffic Violations listed by index ACCIDENT 1) Leaving Scene (Injury-Death) .......................316.027(1)-C 2) Leaving Scene (Property Damage Only ...............316.061(1)-C 3) Failed to Give Information (Involving Attended Vehicle or Property) ....................................316.062(1)-NMI 4) Failed to Render Aid or Give Information (Involving Injury or Death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.062(1)-C 5) Failed to Leave Information (Involving Unattended Vehicle or Property) ..............................316.063(1)-NMI 6) Failed to Immediately Report (Occupant) ..............316.064(2)-NMI 7) Failed to Immediately Report (Driver) ................316.065(1)-NMI 8) Failed to Submit Written Report to Tallahassee .........316.066(1)-NMI 9) False Information Regarding Accident ................316.067-C BICYCLES 1) Bicycle Regulations Listed .........................316.2065(1) Thru (15)-BPI 2) Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.003(2) 3) Golf carts and utility vehicles by municipalities .........316.2126 4) Scooters and miniature motorcycles; sale requirements. . . 316.2128 BRAKES 1) No or Improper ..................................316.261(1)-NMI 2) Improperly Adjusted-Not Maintained .................316.263-NM I COMMERCIAL VEHICLES 1) Identification Numbers Required ....................316.3027-NMI DRIVER LICENSE 1) Altered-Displaying or Possession of . . . . . . . . . . . . . . . . . .322.32(1)-C 2) Allowing Unauthorized Minor to Drive ................322.35-C 3) Allowing Unauthorized Person to Drive ...............322.36-C 4) Displaying Another's . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .322.32(1)-C 5) Employing Unlicenced Chauffeur ....................322.37-NMI 6) Expired License 30 Days or less (Commercial) . . . . . . . . .322.03(3)c-NMI 7) Expired Driver License (4 Months or Less) . . . . . . . . . . . .322.065-NMI 8) Expired Driver License (More Than 4 Months) ..........322.03(4)-C 9) Failure to Exhibit Driver License Upon Demand ........322.15(1)-NMI (Affix Fingerprint of Driver to the Back of the Citation) 10) False Information-Name in Applications of . . . . . . . . . . . . .322.32(6)-C 11) Making False Affidavit (Perjury) . . . . . . . . . . . . . . . . . . . . .322.33-C 12) Golf Cart Operator Exempt . . . . . . . . . . . . . . . . . . . . . . . . .322.04(1)e 13) No or Improper ..................................322.03(1)a-C 14) No or Improper (CDL) ............................322.054(1)-C 15) Improper (When Nonresident Exemption Not Allowed) . . . 322.031(1)-C 16) Lending Driver License to Another Person .............322.32(2)-C 17) Making Counterfeit Driver Licenses ..................831.29-C 18) Making Counterfeit Identification Card ................877 .18-C 19) Military Personnel 322.031 (2) & ....................322.04(1)-a 20) Motorcycles ....................................322.03(1)-C 21) Motorcycles - No Endorsement .....................322.57 (2)-C 22) Mopeds 322.03(1) & .............................322.16-C 23) Notice-Change of Address .........................322.19-NMI 24) Operating Motor Vehicles Without ...................322.03(1)-C 25) Operating Motor Veh, w/ Suspended, Canceled or Revoked322.34(1)-C 26) Driving while license permanently revoked ............322.341-C 27) Operating Motor Vehicle While Suspended (Financial Florida Traffic Statutes 207 Responsibility) ..................................324.201(1)-C 28) Operating Motor Vehicle with Foreign License While Florida License Suspended or Revoked ..............322.30-C 29) Permitting Unlawful Use of . . . . . . . . . . . . . . . . . . . . . . . . .322.32(5)-C 30) Possession of More than One License (Commercial) ....322.03(1)a-C 31) Possession of More than One License (Operator) .......322.03(1)b-C 32) Unauthorized Use or Possession of ..................322.212(1)-C 33) Violation of Driver License Restriction . . . . . . . . . . . . . . . .322.16(1)a-C EMERGENCY VEHICLES-LIGHTS-REQUIREMENTS 1) Blue Lights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.2397(2)-NMI 2) Fail to Yield to Emergency Vehicle . . . . . . . . . . . . . . . . . . .316.126(1)-MI 3) Flashing Lights prohibited . . . . . . . . . . . . . . . . . . . . . . . . .316.2397(6)-NMI 4) Obedience to Laws 316.072 & .....................316.126-MI 5) Red Lights 316.2397(1) & .........................316.2398(2)-C 6) Sirens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.271(4)-NMI 7) Unlawful Use of Scanners & Radios 843.16 & ..........843.165 GOLF CARTS 1) General Information 316.212 & 320.01(22) --- .105 ......322.04(1)e HEADLIGHTS 1 Driving Without (Sunset to Sunrise ..................316.217(1)-MI 2) Driving Without (Smoke, Rain, Fog) Less than 1000 feet ......................................316.2 17(1)b-MI 3) Driving Without (Twilight); [See also .217 above] ........316.2385-MI 4) Failed to Dim, Approaching Vehicle . . . . . . . . . . . . . . . . . .316.238(1)-MI 5) Failed to Dim, Following Vehicle . . . . . . . . . . . . . . . . . . . .316.238(2)-MI 6) Failed to Dim, While Parked . . . . . . . . . . . . . . . . . . . . . . . .316.229(4)-NMI 7) Glaring, Improper Adjustment ......................316.238(1)-NMI 8) Improper Arrangement (Hi-54"--Lo-24") ...............316.220(2)-NMI 9) Not Equipped With ...............................316.220(1)-NMI 10) Motor Vehicle Equipped with Tinted Headlight (Covers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.220(1)-NMI INTOXICATED-MOTOR VEHICLE 1) Driving While Under the Influence of Alcoholic Beverages, Chemical Substances, or Controlled Substances, or With Unlawful Blood Alcohol Level ......316.193(1)(a) or (b)-C 2) DUI Manslaughter ...............................316.193(3)(c)3-C 3) Test for Impairment or Intoxication; Implied Consent, Right to Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1932(1) 4) Blood Testes for Impairment or Intoxication in Cases of Death or Serious Bodily Injury; Right to Use Reasonable Force to Obtain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1933(1) 5) Presumption of Impairment; Testing Methods ..........316.1934(2) 6) Refusal to submit to testing; penalties. ................316.1939 LAMPS 1) Lamps on Parked Vehicles . . . . . . . . . . . . . . . . . . . . . . . . .316.229(1)-NMI 2) Defective Clearance-Side Markers . . . . . . . . . . . . . . . . . . .316.226(1)-NMI 3) Improper Clearance-Side Markers, Reflectors, Colors ....316.224(1)-NMI 4) Improper Clearance-Reflectors Visibility ..............316.226(1)-NMI 5) Improper Mounting-Side Markers, Clearance or Reflectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.225(1)-NMI 6) Improper Signal Distribution ........................316.239(1)-NMI 7) No Tail or Improper ...............................316.221(1)-NMI 8) No or Defective-On Farm Equipment or Others . . . . . . . . .316.2295(1)NMI Florida Traffic Statutes 208 9) No Lamps or Flags-On Projecting Loads ..............316.228-NMI 10) Selling or Use (Unlawful) of . . . . . . . . . . . . . . . . . . . . . . . .316.241(1)-NMI 11) Signal-No-Outside Limit of Body, Cab, or Load; Exceeds 24" or Exceeds 14" From Steering Post to Rear Limit of Body or Load .......................316.156(2)-NMI 12) Colors, Rear Mounted Lamps (Lights) ................316.2 24(2)-NMI 13) Aux. Driving Lamp-Max-2; Hi-42", Lo-16" . . . . . . . . . . . . .316.233(4)-NMI 14) Aux. Passenger Lamp-Max-2; Hi-42", Lo-24" ..........316.233(3)-NMI 15) Fog Lamp-Max-2; Hi-30", Lo-12" . . . . . . . . . . . . . . . . . . . .316.233(2)-NMI 16) Spot Lamp-Max-2; Cannot Shine on Mirror, Windshield or Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.233(1)-NMI 17) Back-up Lamps (May Be Equipped) ..................316.235(1)-NMI 18) Maximum Number Permitted . . . . . . . . . . . . . . . . . . . . . . .316.2396-NMI LANE 1) Did Not use Designated Lane ......................316.089(3)-MI 2) Driving in Canter Lane When Not Necessary ...........316.089(2)-MI 3) Driving in wrong Direction on One-Way Street ..........316.088(2)-MI 4) Driving Left of Rotary Intersection . . . . . . . . . . . . . . . . . . .316.088(3)-MI 5) Driving Wrong Way in Designated Lane ...............316.089(3)-MI 6) Failure to Drive Within Single Lane ..................316.089(1)-MI 7) H.O.V. (High Occupancy Vehicles / Lane. .............316.0741-MI 8) Improper Lane Change or Course Meeting Oncoming Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.085(1)-MI 9) Improper Change Lane/Course Being Passed ..........316.085(2)-MI LIMITED ACCESS HIGHWAYS AND FACILITIES - UNLAWFUL USE OF 1) Unlawful Crossing Median . . . . . . . . . . . . . . . . . . . . . . . . .316.090(2)-MI 2) Entry - Exit, Improper .............................316 .090(1)-MI 3) Improper Backing, On ............................316.1985(2)-MI 4) No Bikes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.091(4)-BPI 5) No Pedestrians ..................................316.130(18)-BPI MOTORCYCLES 1) Operating & Carrying More Persons than Designed to . . . 316.2085(1)-MI 2) Operating, Carrying Package, Bundle, Article, Preventing Both Hands on the Handlebars .....................................316.2085(3)-MI 3) Operating, Between Adjacent Lines or Rows of Vehicles . 316.209(3)-MI 4) Operating, More than Two Abreast in Single Lane .......316.209(4)-MI 5) Improper Riding, Not Astride .......................316.2085(2)-MI 6) Improper Passing, With Lane Occupied by Vehicle Overtaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.209(2)-MI 7) No Head Lamp - Hi-54" - Lo-24" ....................316.400(1)/(2)-NMI 8) Wrong Side of Road (Operating Motor Vehicle On) ......316.081(1)-NMI 9) No Tail Lamp - Hi-72" - Lo-20" . . . . . . . . . . . . . . . . . . . . . .316.410(1)-NMI 10) No Reflector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.415-NMI 11) No Stop Lamp - or Improper ........................316.420-NMI 12) No Brakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.261(1)-NMI 13) No Footrests for Passengers .......................316.2095(1)-NMI 14) No Horn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.455(1)-NMI 15) No Mirror . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.455(7)-NMI 16) No Muffler - Improper .............................316.455(6)-NMI 17) No or Improper Protective Headgear .................316.211(1)-NMI 18) No or Improper Protective Eye Device ................316.211(2)-NMI 19) Operating Without a Head Lamp Turned On ...........316.405(1)-MI 20) Handlebars and handholds - More than 15" in Height Above Seat Occupied by Operator . . . . . . . . . . . . . . . . . . .316.2095(2)-NMI 21) Driver License Requirement ........................322.03(1)-C 22) Golf carts and utility vehicles by municipalities .........316.2126 Florida Traffic Statutes 209 23) Scooters and miniature motorcycles; sale requirements. . . 316.2128 OBSTRUCTING OR DAMAGING ANY STREET OR HIGHWAY 1) Detour Sign - Driving Around, Defacing, Tearing Down . . . 316.078-MI 2) Dragging of Vehicle or Load ........................316.2035(2)-MI 3) Driving on Rim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.2051-MI 4) Obstructing Highway - Causing Damage to ............316.2035(3)-NMI 5) Stop When Traffic Obstructed ......................316.2061-MI PARKED IMPROPERLY 1) Continuous Parking - Prohibited .....................316.1951-NMI 2) Double ........................................316.1945(1)-NMI 3) Governmental Parking: Disabled Persons . . . . . . . . . . . . .316.1955-NMI 4) Handicapped - Improper Parking ....................316.1957-NMI 5) On Bridge, In Tunnel, Etc ..........................316.1945(7)-NMI 6) On a Crosswalk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1945(4)-NMI 7) On Highway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.194(1)-NMI 8) Private Parking: Disabled Persons . . . . . . . . . . . . . . . . . . .316.1956-NMI 9) Too Close To Rural Mailbox (8 am - 6 pm) . . . . . . . . . . . . .316.1965-NMI 10) Where Official Signs Prohibits . . . . . . . . . . . . . . . . . . . . . .316.1945(10)-NMI 11) Within An Intersection . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1945(3)-NMI 12) Without Parking Lamps .................... .......316.229(3)-NMI PASSING 1) Cutting In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.083(1)-MI 2) Driving Off Pavement-Overtaking On Right . . . . . . . . . . . .316.084(2)-MI 3) No Passing Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.0875(2)-MI 4) On Hill, Curve, Railroad Crossing, Bridge, Viaduct, Crossroads, Tunnel ..............................316.087(1)a to e-MI 5) Stopped School Bus ..............................316.172(1)-MI 6) Vehicle Stopped For Pedestrian .....................316.130( 9)-MI 7) Meeting Oncoming Traffic . . . . . . . . . . . . . . . . . . . . . . . . .316.085(1)-MI PEDESTRIAN - VIOLATION OF 1) All Pedestrian Violations ...........................316.130(1-18) 2) Failing To Obey Lawful Command of Police Officer ......316.072(3)-C 3) Obedience to Railroad Signal .......................316.1575-BPI 3) Obstructing Highway - Impeding, Hindering Traffic ......316.2045(1)-BPI RIGHT OF WAY - FAIL TO YIELD 1) Approaching or Entering Intersections . . . . . . . . . . . . . . . .316.121(1)-MI 2) At Yield Intersection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.123(3)-MI 3) Emerging From Alley, Driveway, or Building . . . . . . . . . . . .316.125(2)-MI 4) Entering Highway From Private Road or Driveway ......316.125(1)-MI 5) Entering Through Highway .........................316.121(3-4)-MI 6) Failing To Yield, Being Overtaken . . . . . . . . . . . . . . . . . . .316.083(2)-MI 7) To Emergency Vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.126(1)-MI 8) To Pedestrian at Traffic light ........................316.075(3)-MI 9) To Pedestrian at Yield Sign ........................316.123(3)-MI 10) To Pedestrian - No Signal ..........................316.130(7)-MI 11) To Pedestrian - At Pedestrian Control Signals ..........316.0755-BPI 12) To Pedestrian - Failed to Use Due Care (Driver) ........316.130(15)-MI 13) To Blind Pedestrian ..............................316.130(2)a-NMI SIGNS 1) Cutting Across, Avoiding Control Device . . . . . . . . . . . . . .316.074(2)-MI 2) Disregarded No Lane Change ......................316.089(3)-MI 3) Disregarded Traffic Control Device ..................316.074(1)-MI 4) Failed to Obey Detour . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.078-MI Florida Traffic Statutes 210 5) Failed to Obey Stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.123(2)a-MI 6) Failed to Stop at Stop Line . . . . . . . . . . . . . . . . . . . . . . . . .316.075(4)-MI 7) H.O.V. (High Occupancy Vehicle Lane ................316.0741-MI 8) Placing Signs Adjacent to Highway . . . . . . . . . . . . . . . . . .810.11(1)-C SIGNAL 1) Disobeyed Lane Direction Control ...................316.0765-MI 2) Disobeyed Flashing Red ..........................316.076(1)-MI 3) Disobeyed Flashing Yellow .........................316.076(2)-MI 4) Disobeyed Signal or Sign ..........................316.074(1)-MI 5) Disobeyed Red Light .............................316.075(3)-MI 6) Failed to Signal ..................................316.155(1)-MI 7) Gave Improper Signal ............................316.155(4)-MI 8) Improper Hand Signal ............................316.157-MI 9) Improper Signal Lamps or Device ...................316.234(1)-NMI 10) Sudden Stop or Slowing Without Lawful Signal .........316.155(3)-MI 11) Obedience to Railroad Signal .......................315.1575(2)-MI SPEED - UNLAWFUL 1) Driving Too Slow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.183(5)-MI 2) Exceeded Maximum Limit .........................316.183(1)-MI 3) Failure to Use Due Care . . . . . . . . . . . . . . . . . . . . . . . . . . .316.183(1)-MI 4) Exceeded Safe ..................................316.183(4)-MI 5) Exceeded Maximum Limit in work zone ...............316.183(6)-MI 6) Failure to Use Due Care - Special Hazards . . . . . . . . . . . .316.185-MI 7) Minimum speed 40 or 50 MPH - Interstate with 4 lanes . . . 316.183(2)-MI 8) Penalty for speeding more than 50 MPH ..............316.1926 9) Posted Zone (Municipal Street) .....................316.189(1)-MI 10) Posted Zone (County Road) ........................316.189(2)-MI 11) Posted Zone (State Road) .........................316.187-MI 12) Posted Zone (State Road) 70 MPH ..................316.187(2)(a)-MI 13) Posted Zone (State Road) 65 MPH ..................316.187(2)(b)-MI 14) School Zone ....................................316. 1895(10)-MI 15) Too Fast for Conditions ...........................316.183(4)-MI TAG 1) Counterfeiting License Plate or Validation Sticker (Fel.) . . 320.26(1) 2) Unlawful Possession of Motor Vehicle Which VIN Has been Removed, Defaced, Altered, Covered, or Destroyed . . . . . . . . . . . . .319.33(5)&(7) 3) Medal of Honor Plates ............................320.0893 4) Expired Tag (4 Months or Less) . . . . . . . . . . . . . . . . . . . . .320.07(3)a-NMI 5) Expired Tag (More than 4 Months) ...................320.07(3)b-C 6) Tag - No 316.605(1) & ............................320.07(3)-NMI 7) Tag - No Registration Certificate . . . . . . . . . . . . . . . . . . . .320.0605(1)-NMI 8) Tag - Attaching Not Assigned .......................320.261 -NMI (After Reading Statute, Review Editor’s Note at End of Statue) 9) Tag - Improper Display 316.605(1) & ................320.0607(1)-NMI 10) Tag - Obscured 316.605(1) & ......................320.06 07(1)-NMI 11) Tag - Seizure by Law Enforcement Officer . . . . . . . . . . . . .324.201 12) Tag - Unlawful to Alter Validation Sticker or Tag (Misd.) . . . 320.061-C 13) Tag - Unlawful Use of Temporary . . . . . . . . . . . . . . . . . . . .320.131(4)-C 14) Tag - Truck / Tractor Display (Front) . . . . . . . . . . . . . . . . . .320.0706-NMI 15) Tag - Handicapped & D.V. 320.0848 .................320.0842 16) Tag - Nonresident Exemption Not Allowed 320.37 & ....320.38 17) Tag - Golf Carts Exempted . . . . . . . . . . . . . . . . . . . . . . . . .320.105 18) Tag - Mopeds 320.08(1) & .........................320.0803(1) TRAFFIC CONTROL DEVICE (OFFICIAL) 1) Avoiding Traffic Control Device . . . . . . . . . . . . . . . . . . . . .316.074(2)-MI Florida Traffic Statutes 211 2) Failed to Obey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.074(1)-MI 3) Interference with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.0775-NMI 4) Obstructing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.077(1)-NMI 5) Unauthorized Display of ...........................316.077(1)-NMI 6) Failed to Obey Railroad Signal-Device ...............316.1575(1)-MI TURNING 1) Turn - Indicators, (No) As Required ..................316.222(2 )-NMI 2) Turn - Improper, Interfered With Other Traffic ..........316.1515-MI 3) Turn - Improper "U" ..............................316.1515-MI 4) Turn - Devices, Disobeyed at Intersection .............316.151(1)-MI 5) Turned - Left from Wrong Lane .....................316.151(1)b-MI 6) Turned - Left in Front of Approaching Traffic ...........316.122-MI 7) Turned - Right Too Wide ..........................316.151(1)-MI 8) Turned - Right from Wrong Lane ....................316.151(1)a-MI 9) Turned - When Unsafe ............................316.151(1)-MI 10) Turning - Around - Unlawful (Hill or Curve) ............316.152-MI 11) Improper - At Intersection (Wrong Lane) ..............316.151(1)-MI 12) Improper - (Cutting Corner or to Avoid Traffic Signal, Sign, or Device ............................316.074(2)-MI WRONG SIDE OF ROAD - TRAVELING ON 1) Approaching Crest of Hill . . . . . . . . . . . . . . . . . . . . . . . . . .316.087(1)a-MI 2) Driving on Wrong Side of Divided Roadway ...........316.090(1)e-MI 3) Upon a Curve ...................................316.087(1)b-MI 4) When View is Obstructed Within 100' of Bridge, Tunnel, Viaduct..................................316.087(1)e-MI 5) Within 100' of Intersection or Railroad Crossing ........316.087(1)d-MI 6) Vehicles Proceeding in Opposite Directions (Each must Give Half) . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.082(2)-MI MISCELLANEOUS - TRAFFIC VIOLATIONS 1) Backing - Improper ........................... ....316.1985(1)-MI 2) Backing - Improper (On Limited Access Highway) .......316.1985(2) 3) Bumpers - Maximum Height . . . . . . . . . . . . . . . . . . . . . . . .316.251(1)-MI 4) Careless Driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1925(1)-MI 5) Child Restraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.613(1)a-NMI 6) Children - Leaving Unattended in Motor Vehicle ........316.6135(1)-NMI 7) Door Open into Traffic Lane ........................316.2005-NMI 8) Equipment - Unsafe / Faulty / Defective Condition 316.215(1) .....................................316.610-NMI 9) Equipment - Affidavit of Compliance . . . . . . . . . . . . . . . . .316.6105(2) 10) Exhaust Systems - Prevention of Noise ...............316.272-NMI 11) Failure to Sign / Accept Summons . . . . . . . . . . . . . . . . . . .318.14(3)-C 12) Fire Equipment - Following Too Close . . . . . . . . . . . . . . . .316.2025-MI 13) Fire Equipment - Parked Too Near . . . . . . . . . . . . . . . . . . .316.2025-NMI 14) Fishing from State Road Bridges - Prohibited ..........316.1305-C 15) Fire Equipment - Crossing Fire Hose . . . . . . . . . . . . . . . . .316.2034-MI 16) Flares - Failed to Carry . . . . . . . . . . . . . . . . . . . . . . . . . . .316.300(1) 17) Flares - Failed to Display When Disabled .............316.301-NMI 18) Fleeing & Eluding Police Officer . . . . . . . . . . . . . . . . . . . . .316.1935(1)-C 19) Following Too Closely . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.0895(1)-MI 20) Funeral Procession - Cutting In .....................316.1974-MI 21) Hazardous Materials - Transportation of / Safety ........316.302-C 22) Headset - Wearing of .............................316.304(1)-NMI 23) Health Hazard - By Open Toilet .....................316.600-NMI 24) Height - Over Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.515(2)-NMI 25) Highway Workers (Yielding to) . . . . . . . . . . . . . . . . . . . . . 316.072(4)b &316.079-MI 26) Horn - or Defective & Usage . . . . . . . . . . . . . . . . . . . . . . .316.271(1)-NMI Florida Traffic Statutes 212 27) Inspection Sticker - School Bus (None or Expired) ......316.615(4) 28) Insurance - Proof of - Not in Immediate Possession . . . . .316.646(1)-NMI 29) Length-Over Limit ................................316.515(3)-M 30) Limited Access-All Phases 316.091 & ................316.1985(2)-M 31) Load - No Stanchions, Tie-Downs to Secure Load .......316.525(1)-NMI 32) Load - Dropping, Sifting, Leaking ....................316.520(1)-NMI 33) Load - Failed to Cover - Secure .....................316.520(2)-NMI 34) Load - Projecting or Protruding from Vehicle 316.228 & . . 316.510-NMI 35) Median Strip - Unlawful Crossing . . . . . . . . . . . . . . . . . . . .316.090(1)-NMI 36) Median Strip - Unlawful Crossing (Limited Access Hwy.) . . 316.090-MI 37) Mirror - No or Defective . . . . . . . . . . . . . . . . . . . . . . . . . . .316.294-NMI 38) Mud Flaps - No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.252-MI 39) Muffler - No or Defective or Improper .................316 .272(1)-NMI 40) Noise - Stereo or Sound Systems to Loud .............316.3045-NMI (Held unconstituntion State v. Catalano, Florida Supreme Court Decimeter 12, 2012) 41) Open Container of Alcoholic Beverage in Vehicle Operator-MI (Passenger-NMI) ................................316.1936-MI 42) Placing-Harmful Material on Road (Glass, Tacks, Etc.) . . . 316.2035(1)- NMI 43) Racing on Highway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.191(1)-NM 44) Radar - Admissibility in Court .......................316.1906 45) Railroad Crossing - Vehicles That Must Stop ...........316.159(1)-MI 46) Railroad Signal - Obedience To .....................316.1575(1)-MI 47) Reckless Driving - Willful & Wanton ..................316.192(1)-C 48) Reflector - No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.2225-NMI 49) Reflector - No, on Farm Tractor . . . . . . . . . . . . . . . . . . . . .316.2295-NMI 50) Riding on Exterior of Vehicle 316.2015(1)-MI & ........316.2015(2)-NMI 51) Riding in House Trailer . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.2014-NMI 52) Safety Chains-Failed to Have (Towing) . . . . . . . . . . . . . . .316.530(2)-MI 53) Safety Zone - Driving Thru / Within ..................316.1355-MI 54) School Bus - Passing Stopped With Signal Displayed ....316.172(1) 55) School & Other Buses: Requirements 234.211 & 316.2397-NMI & 316.615 / 316.620 (1-2), (4-5)-NMI 56) Seat Belts - Operating A Motor Vehicle Not in Use . . . . . .316.614(4)-NMI 57) Seat Belts - Occupant Not Using (16 Years or Older) . . . .316.614(5)-NMI 58) Sidewalk - Driving Upon . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1995-MI 59) Sidewalk - Parking upon ...........................316.1945(1)a(4) 60) Siren - Bell, Whistle - Improper Usage ................316.271(4)-NMI 61) Special Permit - Violation . . . . . . . . . . . . . . . . . . . . . . . . . .316.550-NMI 62) Splash / Spray Suppressor and Devices - Required .....316.252-NMI 63) Start - Improper Start From Parked Position ...........316.154-MI 64) Stoplight - Improper ..............................316.234(1)-NMI 65) Stoplight - No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.22(1)-NMI 66) Substances - Injuries, Failed to Remove From Highway . . 316.2044-NMI 67) Tires - Defective / Injurious / Unsafe / Driving on a Flat . . . 316.2035(1)-NMI 68) Tolls Failure to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.1001-MI 69) Television - Receivers in View of Operator . . . . . . . . . . . . .316.303(1)-NMI 70) Texting while driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.305-NMI 71) Towed Vehicle - Unlawful Connections, No Chains, Lengths, Flags ..................................3 16.530(1)(2)-MI 72) Trash - Dumping on Highway . . . . . . . . . . . . . . . . . . . . . . .403.413(5)a-NMI 73) View - Obstruction of Driver (Load or Passenger) .......316.2004(1)-NMI 74) View - Obstruction (Thru Windshield Material Upon) .....316.2004(2)b-NMI 75) Warning Devices - Not Displayed . . . . . . . . . . . . . . . . . . . .316.301-NMI 76) Warning Sign - Not Displayed on Motor Vehicle Selling Ice Cream / Confections . . . . . . . . . . . . . . . . . . . . . . . . . . .316.253-NMI 77) Width - Over Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.515(1)-NMI 78) Windshield - No, (Upright & Fixed) No or Defective Wipers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .316.2952(1)-NMI 79) Windshield - Side Windows - Sunscreen Requirements Florida Traffic Statutes 213 CHAPTER 316 UNIFORM TRAFFIC CONTROL 316.003 Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1)AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any of the various counties. (2) AUTONOMOUS VEHICLE.—Any vehicle equipped with autonomous technology. The term “autonomous technology” means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed without the active control or monitoring by a human operator. The term excludes a motor vehicle enabled with active safety systems or driver assistance systems, including, without limitation, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane departure warning, or traffic jam and queuing assistant, unless any such system alone or in combination with other systems enables the vehicle on which the technology is installed to drive without active control or monitoring by a human operator. (3) BICYCLE.—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. A person under the age of 16 may not operate or ride upon a motorized bicycle. (4) BICYCLE PATH.—Any road, path, or way that is open to bicycle travel, which road, path, or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. (5) BRAKE HORSEPOWER.—The actual unit of torque developed per unit of time at the output shaft of an engine, as measured by a dynamometer. (6) BUS.—Any motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (7) BUSINESS DISTRICT.—The territory contiguous to, and including, a highway when 50 percent or more of the frontage thereon, for a distance of 300 feet or more, is occupied by buildings in use for business. (8) CANCELLATION.—Declaration of a license issued through error or fraud as void and terminated. A new license may be obtained only as permitted in this chapter. (9) C H I E F A D M I N I S T R AT I V E OFFICER.—The head, or his or her designee, of any law enforcement agency which is authorized to enforce traffic laws. (10) CHILD.—A child as defined in s. 39.01, s. 984.03, or s. 985.03. (11) COMMERCIAL MEGACYCLE.—A vehicle that has fully operational pedals for propulsion entirely by human power and meets all of the following requirements: (a) Has four wheels and is operated in a manner similar to a bicycle. (b) Has at least 5 but no more than 15 seats for passengers. (c) Is primarily powered by pedaling but may have an auxiliary motor capable of propelling the vehicle at no more than 15 miles per hour. (12) C O M M E R C I A L M O T O R VEHICLE.—Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle: (a) Has a gross vehicle weight rating of 10,000 pounds or more; (b) Is designed to transport more than 15 passengers, including the driver; or (c) Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.). A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor Florida Traffic Statutes 214 vehicle if it is not used for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported. (13) COURT.—The court having jurisdiction over traffic offenses. (14) COVERED FARM VEHICLE.—A straight truck, or an articulated vehicle, which is all of the following: (a) Registered in a state with a license plate, or any other designation issued by that state, which allows law enforcement officers to identify it as a farm vehicle. (b) Operated by the owner or operator of a farm or ranch or by an employee or a family member of an owner or operator of a farm or ranch in accordance with s. 316.302(3). (c) Used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch. (d) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (a)-(c) by a tenant pursuant to a crop-share farm lease agreement to transport the landlord’s portion of the crops under that agreement. (15) CROSSWALK.— (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (16) DAYTIME.—The period from a half hour before sunrise to a half hour after sunset. The term “nighttime” means at any other hour. (17) DEPARTMENT.—The Department of Highway Safety and Motor Vehicles as defined in s. 20.24. Any reference herein to the Department of Transportation shall be construed as referring to the Department of Transportation as defined in s. 20.23 or the appropriate division thereof. (18) DIRECTOR.—The Director of the Division of the Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles. (19) DRIVER.—Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle. (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle automation and safety technology that integrates sensor array, wireless vehicle-to-vehicle communications, active safety systems, and specialized software to link safety systems and synchronize acceleration and braking between two vehicles while leaving each vehicle’s steering control and systems command in the control of the vehicle’s driver in compliance with the National Highway Traffic Safety Administration rules regarding vehicle-to-vehicle communications. (21) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section. (22) EXPLOSIVE.—Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effect on contiguous objects or of destroying life or limb. (23) FARM LABOR VEHICLE.—Any vehicle equipped and used for the transportation of nine or more migrant or seasonal farm workers, in addition to the driver, to or from a place of employment or employment-related activities. The term does not include: (a) Any vehicle carrying only members of the immediate family of the owner or driver. (b) Any vehicle being operated by a common carrier of passengers. (c) Any carpool as defined in s. 450.28(3). (24) FARM TRACTOR.—Any motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of Florida Traffic Statutes 215 husbandry. (25) FLAMMABLE LIQUID.—Any liquid which has a flash point of 70 degrees Fahrenheit or less, as determined by a Tagliabue or equivalent closed-cup test device. (26) GOLF CART.—A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes. (27) GROSS WEIGHT.—The weight of a vehicle without load plus the weight of any load thereon. (28) HAZARDOUS MATERIAL.—Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety, and property. This term includes hazardous waste as defined in s. 403.703. (29) HOUSE TRAILER.— (a) A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways; or (b) A trailer or a semitrailer the chassis and exterior shell of which is designed and constructed for use as a house trailer, as defined in paragraph (a), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. (30) IMPLEMENT OF HUSBANDRY.—Any vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways. (31) INTERSECTION.— (a) The area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two roadways 30 feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two roadways 30 feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. (32) LANED HIGHWAY.—A highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (33) LIMITED ACCESS FACILITY.—A street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access, light, air, or view by reason of the fact that their property abuts upon such limited access facility or for any other reason. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded or may be freeways open to use by all customary forms of street and highway traffic. (34) LOCAL AUTHORITIES.—All officers and public officials of the several counties and municipalities of this state. (35) LOCAL HEARING OFFICER.—The person, designated by a department, county, or municipality that elects to authorize traffic infraction enforcement officers to issue traffic citations under s. 316.0083(1)(a), who is authorized to conduct hearings related to a notice of violation issued pursuant to s. 316.0083. The charter county, noncharter county, or municipality may use its currently appointed code enforcement board or special magistrate to serve as the local hearing officer. The department may enter into an interlocal agreement to use the local hearing officer of a county or municipality. (36) MAXI-CUBE VEHICLE.—A specialized combination vehicle consisting of a truck carrying a separable cargo-carrying unit combined with a semitrailer designed so that the separable cargo-carrying unit is to be loaded and unloaded through the semitrailer. The entire combination may not exceed 65 feet in length, and a single component of that combination may not exceed 34 feet in length. (37) MIGRANT OR SEASONAL FARM WORKER.—Any person employed in hand labor operations in planting, cultivation, or harvesting agricultural crops. (38) MOPED.—Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting Florida Traffic Statutes 216 gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. (39) MOTOR CARRIER TRANSPORTATION CONTRACT.— (a) A contract, agreement, or understanding covering: 1. The transportation of property for compensation or hire by the motor carrier; 2. Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or 3. A service incidental to activity described in subparagraph 1. or subparagraph 2., including, but not limited to, storage of property. (b) “Motor carrier transportation contract” does not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, personal delivery vehicle, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as provided in s. 320.01(1)(a). (41) MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor or a moped. (42) MOTORIZED SCOOTER.—Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground. (43) NONPUBLIC SECTOR BUS.—Any bus which is used for the transportation of persons for compensation and which is not owned, leased, operated, or controlled by a municipal, county, or state government or a governmentally owned or managed nonprofit corporation. (44) OFFICIAL TRAFFIC CONTROL DEVICES.—All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. (45) OFFICIAL TRAFFIC CONTROL SIGNAL.—Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (46) OPERATOR.—Any person who is in actual physical control of a motor vehicle upon the highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (47) OWNER.—A person who holds the legal title of a vehicle. If a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter. (48) PARK OR PARKING.—The standing of a vehicle, whether occupied or not occupied, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this chapter. (49) PEDESTRIAN.—Any person afoot. (50) PERSON.—Any natural person, firm, copartnership, association, or corporation. (51) PERSONAL DELIVERY DEVICE.—An electrically powered device that: (a) Is operated on sidewalks and crosswalks and intended primarily for transporting property; (b) Weighs less than 80 pounds, excluding cargo; (c) Has a maximum speed of 10 miles per hour; and (d) Is equipped with technology to allow for operation of the device with or without the active control or monitoring of a natural person. A personal delivery device is not considered a vehicle unless expressly defined by law as a vehicle. (52) PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its agent that exercises direct physical control over or monitoring of the navigation system and operation of a personal delivery device. For the purposes of this subsection, the term "agent" means a person charged by the entity with the responsibility of navigating and operating the personal delivery device. The term "personal delivery device operator" does not include an entity or person who requests the services of a personal delivery device for the purpose of transporting property or an Florida Traffic Statutes 217 entity or person who only arranges for and dispatches the requested services of a personal delivery device. (53) PNEUMATIC TIRE.—Any tire in which compressed air is designed to support the load. (54) POLE TRAILER.—Any vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (55) POLICE OFFICER.—Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations, including Florida highway patrol officers, sheriffs, deputy sheriffs, and municipal police officers. (56) PORT OF ENTRY.—A designated location that allows drivers of commercial motor vehicles to purchase temporary registration permits necessary to operate legally within the state. The locations and the designated routes to such locations shall be determined by the Department of Transportation. (57) P R I V A T E R O A D O R DRIVEWAY.—Except as otherwise provided in paragraph (79)(b), any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (58) RADIOACTIVE MATERIALS.—Any materials or combination of materials which emit ionizing radiation spontaneously in which the radioactivity per gram of material, in any form, is greater than 0.002 microcuries. (59) RAILROAD.—A carrier of persons or property upon cars operated upon stationary rails. (60) RAILROAD SIGN OR SIGNAL.—Any sign, signal, or device erected by authority of a public body or official, or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (61) RAILROAD TRAIN.—A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except a streetcar. (62) RESIDENCE DISTRICT.—The territory contiguous to, and including, a highway, not comprising a business district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business. (63) REVOCATION.—Termination of a licensee’s privilege to drive a motor vehicle. A new license may be obtained only as permitted by law. (64) RIGHT-OF-WAY.—The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. (65) ROAD TRACTOR.—Any motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn. (66) ROADWAY.—That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term “roadway” refers to any such roadway separately, but not to all such roadways collectively. (67) SADDLE MOUNT; FULL MOUNT.—An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground, and only the rear wheels of the towed vehicle rest upon the ground. Such combinations may include one full mount, whereby a smaller transport vehicle is placed completely on the last towed vehicle. (68) SAFETY ZONE.—The area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. (69) SANITATION VEHICLE.—A motor vehicle that bears an emblem that is visible from the roadway and clearly identifies that the vehicle belongs to or is under contract with a person, entity, cooperative, board, commission, district, or unit of local government that provides garbage, trash, refuse, or recycling collection. (70) SCHOOL BUS.—Any motor vehicle that complies with the color and identification requirements of chapter 1006 and is used to transport children to or from public or private school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children. The term “school” includes all Florida Traffic Statutes 218 preelementary, elementary, secondary, and postsecondary schools. (71) SEMITRAILER.—Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle. (72) SIDEWALK.—That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians. (73) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to, ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earthmoving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached. (74) STAND OR STANDING.—The halting of a vehicle, whether occupied or not occupied, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under this chapter. (75) STATE ROAD.—Any highway designated as a state-maintained road by the Department of Transportation. (76) STOP.—When required, complete cessation from movement. (77) STOP OR STOPPING.—When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not occupied, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. (78) STRAIGHT TRUCK.—Any truck on which the cargo unit and the motive power unit are located on the same frame so as to form a single, rigid unit. (79) STREET OR HIGHWAY.— (a) The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic; (b) The entire width between the boundary lines of any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons, or any limited access road owned or controlled by a special district, whenever, by written agreement entered into under s. 316.006(2)(b) or (3)(b), a county or municipality exercises traffic control jurisdiction over said way or place; (c) Any area, such as a runway, taxiway, ramp, clear zone, or parking lot, within the boundary of any airport owned by the state, a county, a municipality, or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public; or (d) Any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public. (80) SUSPENSION.—Temporary withdrawal of a licensee’s privilege to drive a motor vehicle. (81) SWAMP BUGGY.—A motorized off-road vehicle that is designed or modified to travel over swampy or varied terrain and that may use large tires or tracks operated from an elevated platform. The term does not include any vehicle defined in chapter 261 or otherwise defined or classified in this chapter. (82) TANDEM AXLE.—Any two axles the centers of which are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles. (83) TANDEM TRAILER TRUCK.—Any combination of a truck tractor, semitrailer, and trailer coupled together so as to operate as a complete unit. (84) TANDEM TRAILER TRUCK HIGHWAY NETWORK.—A highway network consisting primarily of four or more lanes, including all interstate highways; highways designated by the United States Department of Transportation as elements of the National Network; and any street or highway designated by the Florida Department of Transportation for use by tandem trailer trucks, in accordance with s. 316.515, except roads on which truck traffic was specifically prohibited on January 6, 1983. (85) TERMINAL.—Any location where: Florida Traffic Statutes 219 (a) Freight originates, terminates, or is handled in the transportation process; or (b) Commercial motor carriers maintain operating facilities. (86) THROUGH HIGHWAY.—Any highway or portion thereof on which vehicular traffic is given the right-of-way and at the entrances to which vehicular traffic from intersecting highways is required to yield right-of-way to vehicles on such through highway in obedience to a stop sign or yield sign, or otherwise in obedience to law. (87) TIRE WIDTH.—The width stated on the surface of the tire by the manufacturer of the tire, if the width stated does not exceed 2 inches more than the width of the tire contacting the surface. (88) TRAFFIC.—Pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances singly or together while using any street or highway for purposes of travel. (89) T R A F F I C I N F R A C T I O N DETECTOR.—A vehicle sensor installed to work in conjunction with a traffic control signal and a camera or cameras synchronized to automatically record two or more sequenced photographic or electronic images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked stop line when facing a traffic control signal steady red light. Any notification under s. 316.0083(1)(b) or traffic citation issued by the use of a traffic infraction detector must include a photograph or other recorded image showing both the license tag of the offending vehicle and the traffic control device being violated. (90) TRAFFIC SIGNAL PREEMPTION SYSTEM.—Any system or device with the capability of activating a control mechanism mounted on or near traffic signals which alters a traffic signal’s timing cycle. (91) TRAILER.—Any vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. (92) TRANSPORTATION.—The conveyance or movement of goods, materials, livestock, or persons from one location to another on any road, street, or highway open to travel by the public. (93) TRI-VEHICLE.—An enclosed three-wheeled passenger vehicle that: (a) Is designed to operate with three wheels in contact with the ground; (b) Has a minimum unladen weight of 900 pounds; (c) Has a single, completely enclosed occupant compartment; (d) Is produced in a minimum quantity of 300 in any calendar year; (e) Is capable of a speed greater than 60 miles per hour on level ground; and (f) Is equipped with: 1. Seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating systems” (49 C.F.R. s. 571.207); 2. A steering wheel used to maneuver the vehicle; 3. A propulsion unit located forward or aft of the enclosed occupant compartment; 4. A seat belt for each vehicle occupant certified to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209); 5. A windshield and an appropriate windshield wiper and washer system that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, “Glazing materials” (49 C.F.R. s. 571.205) and Federal Motor Vehicle Safety Standard No. 104, “Windshield wiping and washing systems” (49 C.F.R. s. 571.104); and 6. A vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R. s. 571.216). (94) TRUCK.—Any motor vehicle designed, used, or maintained primarily for the transportation of property. (95) TRUCK TRACTOR.—Any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (96) UTILITY SERVICE VEHICLE. A motor vehicle that bears an emblem that is visible from the roadway and clearly identifies that the vehicle belongs to or is under contract with a person, entity, cooperative, board, commission, district, or unit of local government that provides electric, natural gas, water, wastewater, cable, telephone, or communications services. (97) VEHICLE.—Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except personal delivery devices and devices used exclusively upon stationary rails or tracks. (96) VICTIM SERVICES PROGRAMS. Any community-based organization the primary Florida Traffic Statutes 220 purpose of which is to act as an advocate for the victims and survivors of traffic crashes and for their families. The victims services offered by these programs may include grief and crisis counseling, assistance with preparing victim compensation claims excluding third-party legal action, or connecting persons with other service providers, and providing emergency financial assistance. (97) WORK ZONE AREA.—The area and its approaches on any state-maintained highway, county-maintained highway, or municipal street where construction, repair, maintenance, or other street-related or highway-related work is being performed or where one or more lanes are closed to traffic. 316.0085 Skateboarding; inline skating; freestyle or mountain and off-road bicycling; paintball; definitions; liability. (1) The purpose of this section is to encourage governmental owners or lessees of property to make land available to the public for skateboarding, inline skating, paintball, and freestyle or mountain and off-road bicycling. It is recognized that governmental owners or lessees of property have failed to make property available for such activities because of the exposure to liability from lawsuits and the prohibitive cost of insurance, if insurance can be obtained for such activities. It is also recognized that risks and dangers are inherent in these activities, which risks and dangers should be assumed by those participating in such activities. (2) As used in this section, the term: (a) “Governmental entity” means: 1. The United States, the State of Florida, any county or municipality, or any department, agency, or other instrumentality thereof. 2. Any school board, special district, authority, or other entity exercising governmental authority. (b) “Inherent risk” means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of skateboarding, inline skating, paintball, and freestyle or mountain and off-road bicycling. (3)(a) This section does not grant authority or permission for a person to engage in skateboarding, inline skating, paintball, or freestyle or mountain and off-road bicycling on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for skateboarding, inline skating, paintball, or freestyle or mountain and off-road bicycling. Each governmental entity shall post a rule in each specifically designated area that identifies all authorized activities. (b) Each governmental entity shall post a rule in each specifically designated area for paintball or mountain and off-road bicycling which indicates that a child under 17 years of age may not engage in such activities until the governmental entity has obtained written consent, in a form acceptable to the governmental entity, from the child’s parent or legal guardian. (4) A governmental entity or public employee is not liable to any person who voluntarily participates in skateboarding, inline skating, paintball, or freestyle or mountain and off-road bicycling for any damage or injury to property or persons which arises out of a person’s participation in such activity, and which takes place in an area designated for such activity. (5) This section does not limit liability that would otherwise exist for any of the following: (a) The failure of the governmental entity or public employee to guard against or warn of a dangerous condition of which a participant does not and cannot reasonably be expected to have notice. (b) An act of gross negligence by the governmental entity or public employee that is the proximate cause of the injury. (c) The failure of a governmental entity that provides a designated area for paintball or mountain and off-road bicycling to obtain the written consent, in a form acceptable to the governmental entity, from the parents or legal guardians of any child under 17 years of age before allowing such child to participate in paintball or mountain and off-road bicycling in such designated area, unless that child’s participation is in violation of posted rules governing the authorized use of the designated area, except that a parent or legal guardian must demonstrate that written consent to engage in mountain or off-road bicycling in a designated area was provided to the governmental entity before entering the designated area. Nothing in this subsection creates a duty of care or basis of liability for death, personal injury, or damage to personal property. Nothing in this section shall be deemed to be a waiver of sovereign immunity under any circumstances. (6) Nothing in this section shall limit the liability of an independent concessionaire, or any person or organization other than a governmental entity or public employee, whether or not the person or organization has Florida Traffic Statutes 221 a contractual relationship with a governmental entity to use the public property, for injuries or damages suffered in any case as a result of the operation of skateboards, inline skates, paintball equipment, or freestyle or mountain and off-road bicycles on public property by the concessionaire, person, or organization. (7)(a) Any person who participates in or assists in skateboarding, inline skating, paintball, or freestyle or mountain and off-road bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, inline skating, paintball, or freestyle or mountain or off-road bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. A governmental entity that sponsors, allows, or permits skateboarding, inline skating, paintball, or freestyle or mountain or off-road bicycling on its property is not required to eliminate, alter, or control the inherent risks in these activities. (b) While engaged in skateboarding, inline skating, paintball, or freestyle or mountain or off-road bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following: 1. Acting within the limits of his or her ability and the purpose and design of the equipment used. 2. Maintaining control of his or her person and the equipment used. 3. Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself, or other persons. Failure to comply with the requirements of this paragraph shall constitute negligence. (8) The fact that a governmental entity carries insurance which covers any act described in this section shall not constitute a waiver of the protections set forth in this section, regardless of the existence or limits of such coverage. 316.027 Crash involving death or personal injuries. (1) As used in this section, the term: (a) “Serious bodily injury” means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ. (b) “Vulnerable road user” means: 1. A pedestrian, including a person actually engaged in work upon a highway, or in work upon utility facilities along a highway, or engaged in the provision of emergency services within the right-of-way; 2. A person operating a bicycle, motorcycle, scooter, or moped lawfully on the roadway; 3. A person riding an animal; or 4. A person lawfully operating on a public right-of-way, crosswalk, or shoulder of the roadway: a. A farm tractor or similar vehicle designed primarily for farm use; b. A skateboard, roller skates, or in-line skates; c. A horse-drawn carriage; d. An electric personal assistive mobility device; or e. A wheelchair. (2) (a) The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for Florida Traffic Statutes 222 admittance to bail in accordance with chapter 903. A person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 4 years. (d) Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a), paragraph (b), or paragraph (c), the court shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to order the restitution. Restitution may be monetary or nonmonetary restitution. The court shall make the payment of restitution a condition of probation in accordance with s. 948.03. An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the Crimes Compensation Trust Fund under chapter 960. Payment of an award by the Crimes Compensation Trust Fund creates an order of restitution to the Crimes Compensation Trust Fund unless specifically waived in accordance with s. 775.089(1)(b). (e) A driver who violates paragraph (a), paragraph (b), or paragraph (c) shall have his or her driver license revoked for at least 3 years as provided in s. 322.28(4). 1. A person convicted of violating paragraph (a), paragraph (b), or paragraph (c) shall, before his or her driving privilege may be reinstated, present to the department proof of completion of a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2). 2. The department may reinstate an offender’s driving privilege after he or she satisfies the 3-year revocation period as provided in s. 322.28(4) and successfully completes either a victim’s impact panel session or a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2). 3. For purposes of this paragraph, an offender’s driving privilege may be reinstated only after the department verifies that the offender participated in and successfully completed a victim’s impact panel session or a department-approved driver improvement course. (f) For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, an offense listed in this subsection is ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed if the victim of the offense was a vulnerable road user. (g) The defendant may move to depart from the mandatory minimum term of imprisonment prescribed in paragraph (c) unless the violation was committed while the defendant was driving under the influence. The state may object to this departure. The court may grant the motion only if it finds that a factor, consideration, or circumstance clearly demonstrates that imposing a mandatory minimum term of imprisonment would constitute or result in an injustice. The court shall state in open court the basis for granting the motion. (3) The stops shall be made without unnecessarily obstructing traffic, and, if a damaged vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A person who fails to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318. (4) (a) In addition to any other civil, criminal, or administrative penalty imposed, a person whose commission of a noncriminal traffic infraction or a violation of this chapter or s. 1006.66 causes or results in the death of another person may be required by the court to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital. (b) Notwithstanding paragraph (a), in addition to any other civil, criminal, or administrative penalty imposed, a person whose commission of a violation of s. 316.172(1)(a) or (b) causes or results in serious bodily injury to or death of another person shall be required by the court to: Florida Traffic Statutes 223 1. Serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital. 2. Participate in a victim’s impact panel session in a judicial circuit if such a panel exists, or if such a panel does not exist, attend a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway as provided in s. 322.0261(2). (5) This section does not apply to crashes occurring during a motorsports event, as defined in s. 549.10(1), or at a closed-course motorsport facility, as defined in s. 549.09(1). 316.061 Crashes involving damage to vehicle or property. (1) The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section, which $5 shall be deposited in the Emergency Medical Services Trust Fund. (2) Every stop must be made without obstructing traffic more than is necessary, and, if a damaged vehicle is obstructing traffic, the driver of such vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic. Any person failing to comply with this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318. (3) Employees or authorized agents of the Department of Transportation, law enforcement with proper jurisdiction, or an expressway authority created pursuant to chapter 348, in the exercise, management, control, and maintenance of its highway system, may undertake the removal from the main traveled way of roads on its highway system of all vehicles incapacitated as a result of a motor vehicle crash and of debris caused thereby. Such removal is applicable when such a motor vehicle crash results only in damage to a vehicle or other property, and when such removal can be accomplished safely and will result in the improved safety or convenience of travel upon the road. The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in this section shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle. 316.062 Duty to give information and render aid. (1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person. (2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1). (3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination. Florida Traffic Statutes 224 (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.063 Duty upon damaging unattended vehicle or other property. (1) The driver of any vehicle which collides with, or is involved in a crash with, any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle or other property of the driver's name and address and the registration number of the vehicle he or she is driving, or shall attach securely in a conspicuous place in or on the vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving, and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Any person who fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic, the driver shall make every reasonable effort to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (3) The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of subsection (1) or the law enforcement officer receiving a report by a driver as required by subsection (1) shall, if part or any of the property damaged is a fence or other structure used to house or contain livestock, promptly make a reasonable effort to notify the owner, occupant, or agent of this damage. 316.064 When driver unable to report. (1) A crash report is not required under this chapter from any person who is physically incapable of making a report during the period of such incapacity. (2) Whenever the driver of a vehicle is physically incapable of making an immediate or a written report of a crash, as required in ss. 316.065 and 316.066, and there was another occupant in the vehicle at the time of the crash capable of making a report, such occupant shall make or cause to be made the report not made by the driver. (3) Whenever the driver is physically incapable of making a written report of a crash as required in this chapter, then the owner of the vehicle involved in the crash shall, within 10 days after the crash, make such report not made by the driver. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.065 Crashes; reports; penalties. (1) The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) Every coroner or other official performing like functions, upon learning of the death of a person in his or her jurisdiction as the result of a traffic crash, shall immediately notify the nearest office or station of the department. (3) Any person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by a bullet, or any other person to whom is brought for the purpose of repair a motor vehicle showing such evidence, shall make a report, or cause a report to be made, to the nearest local police station or Florida Highway Patrol office within 24 hours after the motor vehicle is received and before any repairs are made to the vehicle. The report shall contain the year, license number, make, model, and color of the vehicle and the name and address of the owner or person in possession of the vehicle. (4) Any person who knowingly repairs a motor vehicle without having made a report as required by subsection (3) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The owner and driver of a vehicle involved in a crash who makes a report thereof in accordance with subsection (1) is not liable under this section. 316.066 Written reports of crashes. (1) (a) A Florida Traffic Crash Report, Long Form must be completed and submitted to the department within 10 days after an Florida Traffic Statutes 225 investigation is completed by the law enforcement officer who in the regular course of duty investigates a motor vehicle crash that: 1. Resulted in death of, personal injury to, or any indication of complaints of pain or discomfort by any of the parties or passengers involved in the crash; 2. Involved a violation of s. 316.061(1) or s. 316.193; 3. Rendered a vehicle inoperable to a degree that required a wrecker to remove it from the scene of the crash; or 4. Involved a commercial motor vehicle. (b) The Florida Traffic Crash Report, Long Form must include: 1. The date, time, and location of the crash. 2. A description of the vehicles involved. 3. The names and addresses of the parties involved, including all drivers and passengers, and the identification of the vehicle in which each was a driver or a passenger. 4. The names and addresses of witnesses. 5. The name, badge number, and law enforcement agency of the officer investigating the crash. 6. The names of the insurance companies for the respective parties involved in the crash. (c) In any crash for which a Florida Traffic Crash Report, Long Form is not required by this section and which occurs on the public roadways of this state, the law enforcement officer shall complete a short-form crash report or provide a driver exchange-of-information form, to be completed by all drivers and passengers involved in the crash, which requires the identification of each vehicle that the drivers and passengers were in. The short-form report must include: 1. The date, time, and location of the crash. 2. A description of the vehicles involved. 3. The names and addresses of the parties involved, including all drivers and passengers, and the identification of the vehicle in which each was a driver or a passenger. 4. The names and addresses of witnesses. 5. The name, badge number, and law enforcement agency of the officer investigating the crash. 6. The names of the insurance companies for the respective parties involved in the crash. (d) Each party to the crash must provide the law enforcement officer with proof of insurance, which must be documented in the crash report. If a law enforcement officer submits a report on the crash, proof of insurance must be provided to the officer by each party involved in the crash. Any party who fails to provide the required information commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318, unless the officer determines that due to injuries or other special circumstances such insurance information cannot be provided immediately. If the person provides the law enforcement agency, within 24 hours after the crash, proof of insurance that was valid at the time of the crash, the law enforcement agency may void the citation. (e) The driver of a vehicle that was in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report shall, within 10 days after the crash, submit a written report of the crash to the department. The report shall be submitted on a form approved by the department. (f) Long-form and short-form crash reports prepared by law enforcement must be submitted to the department and may be maintained by the law enforcement officer’s agency. (2) (a) Crash reports that reveal the identity, home or employment telephone number or home or employment address of, or other personal information concerning the parties involved in the crash and that are held by any agency that regularly receives or prepares information from or concerning the parties to motor vehicle crashes are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period of 60 days after the date the report is filed. (b) Crash reports held by an agency under paragraph (a) may be made immediately available to the parties involved in the crash, their legal representatives, their licensed insurance agents, their insurers or insurers to which they have applied for coverage, persons under contract with such insurers to provide claims or underwriting information, prosecutorial authorities, law enforcement agencies, the Department of Transportation, county traffic operations, victim services programs, radio and television stations licensed by the Federal Communications Commission, newspapers qualified to publish legal notices under ss. 50.011 and 50.031, and, in accordance with paragraph (f), free newspapers of general circulation, published once a week or more often, of which at least 7,500 copies are distributed by mail or by Florida Traffic Statutes 226 carrier as verified by a postal statement or by a notarized printer’s statement of press run, which are intended to be generally distributed and circulated, and which contain news of general interest with at least 10 pages per publication, available and of interest to the public generally for the dissemination of news. For the purposes of this section, the following products or publications are not newspapers as referred to in this section: those intended primarily for members of a particular profession or occupational group; those with the primary purpose of distributing advertising; and those with the primary purpose of publishing names and other personal identifying information concerning parties to motor vehicle crashes. (c) Any local, state, or federal agency that is authorized to have access to crash reports by any provision of law shall be granted such access in the furtherance of the agency’s statutory duties. (d) As a condition precedent to accessing a crash report within 60 days after the date the report is filed, a person must present a valid driver license or other photographic identification, proof of status, or identification that demonstrates his or her qualifications to access that information and file a written sworn statement with the state or local agency in possession of the information stating that information from a crash report made confidential and exempt by this section will not be used for any commercial solicitation of accident victims, or knowingly disclosed to any third party for the purpose of such solicitation, during the period of time that the information remains confidential and exempt. Such written sworn statement must be completed and sworn to by the requesting party for each individual crash report that is being requested within 60 days after the report is filed. In lieu of requiring the written sworn statement, an agency may provide crash reports by electronic means to third-party vendors under contract with one or more insurers, but only when such contract states that information from a crash report made confidential and exempt by this section will not be used for any commercial solicitation of accident victims by the vendors, or knowingly disclosed by the vendors to any third party for the purpose of such solicitation, during the period of time that the information remains confidential and exempt, and only when a copy of such contract is furnished to the agency as proof of the vendor’s claimed status. (e) This subsection does not prevent the dissemination or publication of news to the general public by any legitimate media entitled to access confidential and exempt information pursuant to this section. (f) Free newspapers of general circulation published once a week or more often, of which at least 7,500 copies are distributed by mail or by carrier as verified by a postal statement or by a notarized printer’s statement of press run, which are intended to be generally distributed and circulated, which contain news of general interest with at least 10 pages per publication, available and of interest to the public generally for the dissemination of news, and which request 10 or more crash reports within a 24-hour period before 60 days have elapsed after the report is filed may not have access to the home, cellular, employment, or other telephone number or the home or employment address of any of the parties involved in the crash. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature. (3) (a) Any driver failing to file the written report required under subsection (1) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any employee of a state or local agency in possession of information made confidential and exempt by this section who knowingly discloses such confidential and exempt information to a person not entitled to access such information under this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any person, knowing that he or she is not entitled to obtain information made confidential and exempt by this section, who obtains or attempts to obtain such information commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Any person who knowingly uses confidential and exempt information in violation of a filed written sworn statement or contractual agreement required by this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the Florida Traffic Statutes 227 purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the crash if that person’s privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 316.1932 or s. 316.1933 are not confidential and are admissible into evidence in accordance with the provisions of s. 316.1934(2). (5) A law enforcement officer, as defined in s. 943.10(1), may enforce this section. 316.067 False reports. Any person who gives information in oral, electronic, or written reports as required in this chapter, knowing or having reason to believe that such information is false, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 316.068 Crash report forms. (1) The department shall prepare and, upon request, supply to police departments, sheriffs, and other appropriate agencies or individuals forms for crash reports as required in this chapter, suitable with respect to the persons required to make such reports and the purposes to be served. The form must call for sufficiently detailed information to disclose, with reference to a vehicle crash, the cause and conditions then existing and the persons and vehicles involved. Every crash report form must call for the policy numbers of liability insurance and the names of carriers covering any vehicle involved in a crash required to be reported by this chapter. (2) Every crash report required to be made in writing must be made on the appropriate form approved by the department and must contain all the information required therein, including: (a) The date, time, and location of the crash; (b) A description of the vehicles involved; (c) The names and addresses of the parties involved; (d) The names and addresses of all drivers and passengers in the vehicles involved; (e) The names and addresses of witnesses; (f) The name, badge number, and law enforcement agency of the officer investigating the crash; and (g) The names of the insurance companies for the respective parties involved in the crash, unless not available. The absence of information in such written crash reports regarding the existence of passengers in the vehicles involved in the crash constitutes a rebuttable presumption that no such passengers were involved in the reported crash. Notwithstanding any other provisions of this section, a crash report produced electronically by a law enforcement officer must, at a minimum, contain the same information as is called for on those forms approved by the department. 316.070 Exchange of information at scene of crash. The law enforcement officer at the scene of a crash required to be reported in accordance with the provisions of s. 316.066 shall instruct the driver of each vehicle involved in the crash to report the following to all other parties suffering injury or property damage as an apparent result of the crash: (1) The name and address of the owner and the driver of the vehicle. (2) The license number of the vehicle. (3) The name of the liability carrier for the vehicle. 316.071 Disabled vehicles obstructing traffic. Whenever a vehicle is disabled on any street or highway within the state or for any reason obstructs the regular flow of traffic, the driver shall move the vehicle so as not to obstruct the regular flow of traffic or, if he or she cannot move the vehicle alone, solicit help and move the vehicle so as not to obstruct the regular flow of traffic. Any person failing to comply with the provisions of this section shall be cited for a nonmoving violation, punishable as provided in chapter 318. 316.072 Obedience to and effect of traffic laws. (1)PROVISIONS OF CHAPTER REFERRING TO VEHICLES UPON THE HIGHWAYS. The provisions of this chapter shall apply to the operation of vehicles and bicycles and the movement of pedestrians upon all state-maintained highways, county-maintained highways, and municipal streets and alleys and wherever vehicles have the right to travel. (2) REQUIRED OBEDIENCE TO TRAFFIC LAWS. It is unlawful for any person to do any act forbidden, or to fail to perform any act required, in this chapter. It is unlawful for the owner, or any other person employing or otherwise directing the driver of any vehicle, Florida Traffic Statutes 228 to require or knowingly permit the operation of such vehicle upon a highway in any manner contrary to law. A violation of this subsection is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (3) OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS. It is unlawful and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully to fail or refuse to comply with any lawful order or direction of any law enforcement officer, traffic crash investigation officer as described in s. 316.640, traffic infraction enforcement officer as described in s. 316.640, or member of the fire department at the scene of a fire, rescue operation, or other emergency. Notwithstanding the provisions of this subsection, certified emergency medical technicians or paramedics may respond to the scene of emergencies and may provide emergency medical treatment on the scene and provide transport of patients in the performance of their duties for an emergency medical services provider licensed under chapter 401 and in accordance with any local emergency medical response protocols. (4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER; EXCEPTIONS. (a) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. (b) Unless specifically made applicable, the provisions of this chapter, except those contained in ss. 316.192, 316.1925, and 316.193, shall not apply to persons, teams, or motor vehicles and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work. (5) AUTHORIZED EMERGENCY VEHICLES. (a) 1. The driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, but not upon returning from a fire; 2. A medical staff physician or technician of a medical facility licensed by the state when responding to an emergency in the line of duty in his or her privately owned vehicle, using red lights as authorized in s. 316.2398; or 3. The driver of an authorized law enforcement vehicle, when conducting a nonemergency escort, to warn the public of an approaching motorcade; may exercise the privileges set forth in this section, but subject to the conditions herein stated. (b) The driver of a vehicle specified in paragraph (a), except when otherwise directed by a police officer, may: 1. Park or stand, irrespective of the provisions of this chapter; 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; 3. Exceed the maximum speed limits so long as the driver does not endanger life or property; 4. Disregard regulations governing direction or movement or turning in specified directions, so long as the driver does not endanger life or property. (c) The foregoing provisions shall not relieve the driver of a vehicle specified in paragraph (a) from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others. 316.073 Applicability to animals and animal-drawn vehicles. Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof. 316.074 Obedience to and required traffic control devices. (1) The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter. (2) No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device. (3) No provision of this chapter for which Florida Traffic Statutes 229 official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place. (4) Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence. (5) Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence. (6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0741 High occupancy vehicle lanes. (1) As used in this section, the term: (a) “High-occupancy-vehicle lane” or “HOV lane” means a lane of a public roadway designated for use by vehicles in which there is more than one occupant unless otherwise authorized by federal law. (b) “Hybrid vehicle” means a motor vehicle: 1. That draws propulsion energy from onboard sources of stored energy which are both an internal combustion or heat engine using combustible fuel and a rechargeable energy-storage system; 2. That, in the case of a passenger automobile or light truck, has received a certificate of conformity under the Clean Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent qualifying California standards for a low-emission vehicle; and 3. That, in the case of a tri-vehicle, is an inherently low-emission vehicle as provided in subsection (4). (2) The number of persons who must be in a vehicle to qualify for legal use of the HOV lane and the hours during which the lane will serve as an HOV lane, if it is not designated as such on a full-time basis, must also be indicated on a traffic control device. (3) Except as provided in subsection (4), a vehicle may not be driven in an HOV lane if the vehicle is occupied by fewer than the number of occupants indicated by a traffic control device. A driver who violates this section shall be cited for a moving violation, punishable as provided in chapter 318. (4) (a) Notwithstanding any other provision of this section, an inherently low-emission vehicle (ILEV) that is certified and labeled in accordance with federal regulations may be driven in an HOV lane at any time, regardless of its occupancy. In addition, upon the state’s receipt of written notice from the proper federal regulatory agency authorizing such use, a vehicle defined as a hybrid vehicle under this section may be driven in an HOV lane at any time, regardless of its occupancy. (b) All eligible hybrid and all eligible other low-emission and energy-efficient vehicles driven in an HOV lane must comply with the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B). (c) Upon issuance of the applicable United States Environmental Protection Agency final rule pursuant to 23 U.S.C. s. 166(e), relating to the eligibility of hybrid and other low-emission and energy-efficient vehicles for operation in an HOV lane, regardless of occupancy, the Department of Transportation shall review the rule and recommend to the Legislature any statutory changes necessary for compliance with the federal rule. The department shall provide its recommendations no later than 30 days following issuance of the final rule. (5) The department shall issue a decal and registration certificate, to be renewed annually, reflecting the HOV lane designation on vehicles meeting the criteria in subsection (4) authorizing driving in an HOV lane at any time. The department may charge a fee for a decal, not to exceed the costs of designing, producing, and distributing each decal, or $5, whichever is less. The proceeds from sale of the decals shall be deposited in the Highway Safety Operating Trust Fund. The department may, for reasons of operation and management of HOV facilities, limit or discontinue issuance of decals for the use of HOV facilities by hybrid and low-emission and energy-efficient vehicles, regardless of occupancy, if it has been determined by the Department of Transportation that the facilities are degraded as defined by 23 U.S.C. s. 166(d)(2). (6) Vehicles having decals by virtue of compliance with the minimum fuel economy standards under 23 U.S.C. s. 166(f)(3)(B), and which are registered for use in Florida Traffic Statutes 230 high-occupancy-vehicle toll lanes or express lanes in accordance with Department of Transportation rule, shall be allowed to use any HOV lanes redesignated as high-occupancy-vehicle toll lanes or express lanes without requiring payment of a toll. (7) The department may adopt rules necessary to administer this section. 316.0745 Uniform signals and devices. (1) The Department of Transportation shall adopt a uniform system of traffic control devices for use on the streets and highways of the state. The uniform system shall, insofar as is practicable, conform to the system adopted by the American Association of State Highway Officials and shall be revised from time to time to include changes necessary to conform to a uniform national system or to meet local and state needs. The Department of Transportation may call upon representatives of local authorities to assist in the preparation or revision of the uniform system of traffic control devices. (2) The Department of Transportation shall compile and publish a manual of uniform traffic control devices which defines the uniform system adopted pursuant to subsection (1), and shall compile and publish minimum specifications for traffic control signals and devices certified by it as conforming with the uniform system. (a) The department shall make copies of such manual and specifications available to all counties, municipalities, and other public bodies having jurisdiction of streets or highways open to the public in this state. (b) The manual shall provide for the use of regulatory speed signs in work zone areas. The installation of such signs is exempt from the provisions of s. 335.10. (3) All official traffic control signals or official traffic control devices purchased and installed in this state by any public body or official shall conform with the manual and specifications published by the Department of Transportation pursuant to subsection (2). (4) It shall be unlawful for any public body or official to purchase, or for anyone to sell, any traffic control signal or device unless it conforms with the manual and specifications published by the Department of Transportation and is certified to be of such conformance prior to sale. Any manufacturer or vendor who sells any traffic control signal, guide, or directional sign or device without such certification shall be ineligible to bid or furnish traffic control devices to any public body or official for such period of time as may be established by the Department of Transportation; however, such period of time shall be for not less than 1 year from the date of notification of such ineligibility. (5) It is unlawful for any public body to manufacture for installation or placement any traffic control signal, guide, or directional sign or device unless it conforms to the uniform system of traffic control devices published by the Department of Transportation. It is unlawful for any public body to sell any traffic control signal, guide, or directional sign or device it manufactures to any nongovernmental entity or person. (6) Any system of traffic control devices controlled and operated from a remote location by electronic computers or similar devices must meet all requirements established for the uniform system, and, if such a system affects the movement of traffic on state roads, the design of the system shall be reviewed and approved by the Department of Transportation. (7) The Department of Transportation may, upon receipt and investigation of reported noncompliance and after hearing pursuant to 14 days’ notice, direct the removal of any purported traffic control device that fails to meet the requirements of this section, wherever the device is located and without regard to assigned responsibility under s. 316.1895. The public agency erecting or installing the same shall immediately bring it into compliance with the requirements of this section or remove said device or signal upon the direction of the Department of Transportation and may not, for a period of 5 years, install any replacement or new traffic control devices paid for in part or in full with revenues raised by the state unless written prior approval is received from the Department of Transportation. Any additional violation by a public body or official shall be cause for the withholding of state funds for traffic control purposes until such public body or official demonstrates to the Department of Transportation that it is complying with this section. (8) The Department of Transportation is authorized to permit traffic control devices not in conformity with the uniform system upon showing of good cause. 316.07456 Transitional implementation. Any traffic infraction detector deployed on the highways, streets, and roads of this state must meet specifications established by the Department of Transportation, and must be tested at regular intervals according to Florida Traffic Statutes 231 specifications prescribed by the Department of Transportation. The Department of Transportation must establish such specifications on or before December 31, 2010. However, any such equipment acquired by purchase, lease, or other arrangement under an agreement entered into by a county or municipality on or before July 1, 2011, or equipment used to enforce an ordinance enacted by a county or municipality on or before July 1, 2011, is not required to meet the specifications established by the Department of Transportation until July 1, 2011. 316.0747 Sale or purchase of traffic control devices by nongovernmental entities; prohibitions. (1) It is unlawful for any nongovernmental entity to use any traffic control device at any place where the general public is invited, unless such device conforms to the uniform system of traffic control devices adopted by the Department of Transportation pursuant to this chapter. (2) Nongovernmental entities to which the general public is invited to travel shall install and maintain uniform traffic control devices at appropriate locations pursuant to the standards set forth by the Manual on Uniform Traffic Control Devices as adopted by the Department of Transportation pursuant to s. 316.0745. Businesses the parking lots of which do not provide intersecting lanes of traffic and businesses having fewer than 25 parking spaces are exempt from the provisions of this subsection. (3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 316.075 Traffic control signal devices. (1) Except for automatic warning signal lights installed or to be installed at railroad crossings, whenever traffic, including municipal traffic, is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows: (a) Green indication. 1. Vehicular traffic facing a circular green signal may proceed cautiously straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. 2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, as directed by the manual, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, except the driver of any vehicle may U-turn, so as to proceed in the opposite direction unless such movement is prohibited by posted traffic control signs. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 3. Unless otherwise directed by a pedestrian control signal as provided in s. 316.0755, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. (b) Steady yellow indication. 1. Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. 2. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in s. 316.0755, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall start to cross the roadway. (c) Steady red indication. 1. Vehicular traffic facing a steady red signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until a green indication is shown; however: a. The driver of a vehicle which is stopped at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before Florida Traffic Statutes 232 entering the intersection in obedience to a steady red signal may make a right turn, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that municipal and county authorities may prohibit any such right turn against a steady red signal at any intersection, which prohibition shall be effective when a sign giving notice thereof is erected in a location visible to traffic approaching the intersection. b. The driver of a vehicle on a one-way street that intersects another one-way street on which traffic moves to the left shall stop in obedience to a steady red signal, but may then make a left turn into the one-way street, but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that municipal and county authorities may prohibit any such left turn as described, which prohibition shall be effective when a sign giving notice thereof is attached to the traffic control signal device at the intersection. 2. a. The driver of a vehicle facing a steady red signal shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. b. Unless otherwise directed by a pedestrian control signal as provided in s. 316.0755, pedestrians facing a steady red signal shall not enter the roadway. (2) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (3) (a) No traffic control signal device shall be used which does not exhibit a yellow or "caution" light between the green or "go" signal and the red or "stop" signal. (b) No traffic control signal device shall display other than the color red at the top of the vertical signal, nor shall it display other than the color red at the extreme left of the horizontal signal. (4) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation. 316.0755 Pedestrian control signals. When pedestrian indicators are installed, such indicators must conform to the requirements of the most recent Manual on Uniform Traffic Control Devices. 316.076 Flashing signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: (a) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. (b) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. (2) This section does not apply at railroad-highway grade crossings. Conduct of drivers of vehicles approaching such crossings shall be governed by the rules as set forth in ss. 316.1575 and 316.159. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0765 Lane direction control signals. When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane or lanes over which a green signal is shown, but shall not enter or travel in any lane or lanes over which a red signal is shown. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.077 Display of unauthorized signs, signals or markings. (1) No person shall place, maintain or display upon or in view of any highway any Florida Traffic Statutes 233 unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (2) No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. (3) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs. (4) Every such prohibited sign, signal or marking is declared to be a public nuisance and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice. (5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.0775 Interference with official traffic control devices or railroad signs or signals. (1) A person may not, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. A violation of this subsection is a criminal violation pursuant to s. 318.17 and shall be punishable as set forth in s. 806.13 related to criminal mischief and graffiti, beginning on or after July 1, 2000. (2) A person may not, without lawful authority, possess or use any traffic signal preemption device as defined under s. 316.003. A person who violates this subsection commits a moving violation, punishable as provided in chapter 318, and shall have 4 points assessed against his or her driver's license as set forth in s. 322.27. 316.0776 Traffic infraction detectors; placement and installation. (1) Traffic infraction detectors are allowed on state roads when permitted by the Department of Transportation and under placement and installation specifications developed by the Department of Transportation. Traffic infraction detectors are allowed on streets and highways under the jurisdiction of counties or municipalities in accordance with placement and installation specifications developed by the Department of Transportation. (2) (a) If the department, county, or municipality installs a traffic infraction detector at an intersection, the department, county, or municipality shall notify the public that a traffic infraction device may be in use at that intersection and must specifically include notification of camera enforcement of violations concerning right turns. Such signage used to notify the public must meet the specifications for uniform signals and devices adopted by the Department of Transportation pursuant to s. 316.0745. (b) If the department, county, or municipality begins a traffic infraction detector program in a county or municipality that has never conducted such a program, the respective department, county, or municipality shall also make a public announcement and conduct a public awareness campaign of the proposed use of traffic infraction detectors at least 30 days before commencing the enforcement program. 316.078 Detour signs to be respected. (1) It is unlawful to tear down or deface any detour sign or to break down or drive around any barricade erected for the purpose of closing any section of a public street or highway to traffic during the construction or repair thereof or to drive over such section of public street or highway until again thrown open to public traffic. However, such restriction shall not apply to the person in charge of the construction or repairs. (2) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as: (a) A nonmoving violation for tearing, breaking down, or defacing any detour sign. (b) A moving violation for driving around any barricade erected for the purpose of closing any section of a public street or highway to traffic that is under construction or repair or driving over such section of public street or highway until open to public traffic. 316.079 Duty to yield to highway construction workers. (1) Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flagperson engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flagperson and a warning sign or device. (2) Every driver of a vehicle on public roadways shall yield the right-of-way to an Florida Traffic Statutes 234 escort vehicle or pedestrian flagperson that is engaged in the management of highway movements of an oversize vehicle permitted pursuant to s. 316.550, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flagperson. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.08 Requirements of flagpersons. Any flagperson engaged in the direction of traffic on public roadways while accompanying an escort vehicle or any escort vehicle must: (1) Operate in accordance with all safety requirements prescribed by law and the Department of Transportation; (2) Operate only on the routes authorized by a special permit issued pursuant to s. 316.550 authorizing the specific vehicle and the load the flagperson or escort vehicle is accompanying; and (3) Meet any additional conditions required in the special permit. 316.081 Driving on right side of roadway; exceptions. (1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (b) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard; (c) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or (d) Upon a roadway designated and signposted for one-way traffic. (2) Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (3) On a road, street, or highway having two or more lanes allowing movement in the same direction, a driver may not continue to operate a motor vehicle in the furthermost left-hand lane if the driver knows or reasonably should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed. This subsection does not apply to drivers operating a vehicle that is overtaking another vehicle proceeding in the same direction, or is preparing for a left turn at an intersection. (4) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under paragraph (1)(b). However, this subsection shall not be construed as prohibiting the crossing of the centerline in making a left turn into or from an alley, private road, or driveway. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0815 Duty to yield to public transit vehicles. (1) The driver of a vehicle shall yield the right-of-way to a publicly owned transit bus traveling in the same direction which has signaled and is reentering the traffic flow from a specifically designated pullout bay. (2) This section does not relieve the driver of a public transit bus from the duty to drive with due regard for the safety of all persons using the roadway. 316.082 Passing vehicles proceeding in opposite directions. (1) Drivers of vehicles proceeding in opposite directions shall pass each other to the right. (2) Upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway, as nearly as possible. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0825 Vehicle approaching an animal. Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof, and shall not intentionally startle or Florida Traffic Statutes 235 injure such an animal. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.083 Overtaking and passing a vehicle. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated: (1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.. 316.084 When overtaking on the right is permitted. (1) The driver of a vehicle may overtake and pass on the right of another vehicle only under the following conditions: (a) When the vehicle overtaken is making or about to make a left turn; (b) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving traffic in each direction; (c) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles. (2) The driver of a vehicle may overtake and pass another vehicle on the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.085 Limitations on overtaking, passing, changing lanes and changing course. (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction of any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and, in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any approaching vehicle. (2) No vehicle shall be driven from a direct course in any lane on any highway until the driver has determined that the vehicle is not being approached or passed by any other vehicle in the lane or on the side to which the driver desires to move and that the move can be completely made with safety and without interfering with the safe operation of any vehicle approaching from the same direction. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.087 Further limitations on driving to left of center of roadway. (1) No vehicle shall at any time be driven to the left side of the roadway under the following conditions: (a) When approaching or upon the crest of a grade where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) Upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (c) When approaching within 100 feet of or traversing any intersection, except that this section shall not apply to any intersection on a state-maintained or county-maintained highway located outside city limits unless such intersection is marked by an official Florida Traffic Statutes 236 Department of Transportation or county road department traffic control device indicating an intersection either by symbol or by words and such marking is placed at least 100 feet before the intersection; (d) When approaching within 100 feet of or traversing any railroad grade crossing; (e) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel. (2) The foregoing limitations shall not apply upon a one-way roadway, nor when an obstruction exists making it necessary to drive to the left of the center of the highway, nor to the driver of a vehicle turning left into or from an alley, private road or driveway. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0875 No-passing zones. (1) The Department of Transportation and local authorities are authorized to determine those portions of any highway under their respective jurisdiction where overtaking and passing or driving to the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. (2) Where signs or markings are in place to define a no-passing zone as set forth in subsection (1), no driver shall at any time drive on the left side of the roadway with such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length. (3) This section does not apply when an obstruction exists making it necessary to drive to the left of the center of the highway, nor to the driver of a vehicle turning left into or from an alley, private road or driveway. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.088 One-way roadways and rotary traffic islands. (1) The Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at such times as shall be indicated by official traffic control devices. (2) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at such times as shall be indicated by official traffic control devices. (3) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.089 Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply: (1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (2) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices. (3) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway; and drivers of vehicles shall obey the directions of every such device. (4) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.0895 Following too closely. (1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway. (2) It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when Florida Traffic Statutes 237 traveling upon a roadway outside of a business or residence district, to follow within 300 feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer. The provisions of this subsection shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor trucks or other slow-moving vehicles. (3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.090 Driving on divided highways. (1) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic control devices or police officers. (2) No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection as established, unless specifically authorized by public authority. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.091 Limited access facilities; interstate highways; use restricted. (1) No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority. (2) Except as provided herein, no person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic. (3) No person shall ride any animal upon any portion of a limited access facility. (4) No person shall operate a bicycle or other human-powered vehicle on the roadway or along the shoulder of a limited access highway, including bridges, unless official signs and a designated, marked bicycle lane are present at the entrance of the section of highway indicating that such use is permitted pursuant to a pilot program of the Department of Transportation. (5) The Department of Transportation and expressway authorities are authorized to designate use of shoulders of limited access facilities and interstate highways under their jurisdiction for such vehicular traffic determined to improve safety, reliability, and transportation system efficiency. Appropriate traffic signs or dynamic lane control signals shall be erected along those portions of the facility affected to give notice to the public of the action to be taken, clearly indicating when the shoulder is open to designated vehicular traffic. This section may not be deemed to authorize such designation in violation of any federal law or any covenant established in a resolution or trust indenture relating to the issuance of turnpike bonds, expressway authority bonds, or other bonds. (6) The Department of Transportation shall establish a 2-year pilot program, in three separate urban areas, in which it shall erect signs and designate marked bicycle lanes indicating highway approaches and bridge segments of limited access highways as open to use by operators of bicycles and other human-powered vehicles, under the following conditions: (a) The limited access highway approaches and bridge segments chosen must cross a river, lake, bay, inlet, or surface water where no street or highway crossing the water body is available for use within 2 miles of the entrance to the limited access facility measured along the shortest public right-of-way. (b) The Department of Transportation, with the concurrence of the Federal Highway Administration on the interstate facilities, shall establish the three highway approaches and bridge segments for the pilot project by October 1, 2012. In selecting the highway approaches and bridge segments, the Department of Transportation shall consider, without limitation, a minimum size of population in the urban area within 5 miles of the highway approach and bridge segment, the lack of bicycle access by other means, cost, safety, and operational impacts. (c) The Department of Transportation shall begin the pilot program by erecting signs and Florida Traffic Statutes 238 designating marked bicycle lanes indicating highway approaches and bridge segments of limited access highways, as qualified by the conditions described in this subsection, as open to use by operators of bicycles and other human-powered vehicles no later than March 1, 2013. (d) The Department of Transportation shall conduct the pilot program for a minimum of 2 years following the implementation date. (e) The Department of Transportation shall submit a report of its findings and recommendations from the pilot program to the Governor, the President of the Senate, and the Speaker of the House of Representatives by September 1, 2015. The report shall include, at a minimum, bicycle crash data occurring in the designated segments of the pilot program, usage by operators of bicycles and other human-powered vehicles, enforcement issues, operational impacts, and the cost of the pilot program. (7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1001 Payment of toll on toll facilities required; penalties. (1) A person may not use any toll facility without payment of tolls, except as provided in s. 338.155. Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable as a moving violation under chapter 318. (2)(a) For the purpose of enforcing this section, any governmental entity, as defined in s. 334.03, that owns or operates a toll facility may, by rule or ordinance, authorize a toll enforcement officer to issue a uniform traffic citation for a violation of this section. Toll enforcement officer means the designee of a governmental entity whose authority is to enforce the payment of tolls. The governmental entity may designate toll enforcement officers pursuant to s. 316.640(1). (b) A citation issued under this subsection may be issued by mailing the citation by first-class mail or by certified mail to the address of the registered owner of the motor vehicle involved in the violation. Mailing the citation to such address constitutes notification. In the case of joint ownership of a motor vehicle, the traffic citation must be mailed to the first name appearing on the registration, unless the first name appearing on the registration is a business organization, in which case the second name appearing on the registration may be used. A citation issued under this paragraph must be mailed to the registered owner of the motor vehicle involved in the violation within 14 days after the date of issuance of the citation. In addition to the citation, notification must be sent to the registered owner of the motor vehicle involved in the violation specifying remedies available under ss. 318.14(12) and 318.18(7). (c) The owner of the motor vehicle involved in the violation is responsible and liable for payment of a citation issued for failure to pay a toll, unless the owner can establish the motor vehicle was, at the time of the violation, in the care, custody, or control of another person. In order to establish such facts, the owner of the motor vehicle is required, within 14 days after the date of issuance of the citation, to furnish to the appropriate governmental entity an affidavit setting forth: 1. The name, address, date of birth, and, if known, the driver license number of the person who leased, rented, or otherwise had the care, custody, or control of the motor vehicle at the time of the alleged violation; or 2. If stolen, the police report indicating that the vehicle was stolen at the time of the alleged violation. Upon receipt of an affidavit the person designated as having care, custody, and control of the motor vehicle at the time of the violation may be issued a citation for failure to pay a required toll. The affidavit shall be admissible in a proceeding pursuant to this section for the purpose of providing that the person identified in the affidavit was in actual care, custody, or control of the motor vehicle. The owner of a leased vehicle for which a citation is issued for failure to pay a toll is not responsible for payment of the citation and is not required to submit an affidavit as specified in this subsection if the motor vehicle involved in the violation is registered in the name of the lessee of such motor vehicle. (d) A written report of a toll enforcement officer to photographic evidence that a required toll was not paid is admissible in any proceeding to enforce this section and raises a rebuttable presumption that the motor vehicle named in the report or shown in the photographic evidence was used in violation of this section. (3) The submission of a false affidavit is a misdemeanor of the second degree. (4) Any governmental entity, including, without limitation, a clerk of court, may provide the department with data that is machine readable by the department’s computer system, listing persons who have one or more Florida Traffic Statutes 239 outstanding violations of this section, with reference to the person’s driver’s license number or vehicle registration number in the case of a business entity. Pursuant to s. 320.03(8), those persons may not be issued a license plate or revalidation sticker for any motor vehicle. (5) Subsections (2)-(4) supplement the enforcement of this section by law enforcement officers, and this section does not prohibit a law enforcement officer from issuing a citation for a violation of this section in accordance with normal traffic enforcement techniques. 316.121 Vehicles approaching or entering intersections. (1) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway. (2) When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway. (4) The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on said paved road or highway. (5) The foregoing rules are modified at through highways and otherwise, as hereinafter stated. (6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.122 Vehicle turning left. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.123 Vehicle entering stop or yield intersection. (1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006. (2) (a) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection. (b) At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right. (3) The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver's failure to yield the right-of-way. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1235 Vehicle approaching intersection in which traffic lights are inoperative. The driver of a vehicle approaching an intersection in which the traffic lights are inoperative shall Florida Traffic Statutes 240 stop in the manner indicated in s. 316.123(2) for approaching a stop intersection. In the event that only some of the traffic lights within an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.125 Vehicle entering highway from private road or driveway or emerging from alley, driveway or building. (1) The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard. (2) The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.126 Operation of vehicles and actions of pedestrians on approach of an authorized emergency, sanitation, or utility service vehicle. (1) (a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer. (b) If an authorized emergency vehicle displaying any visual signals is parked on the roadside, a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe: 1. Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle, utility service vehicle, or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2. 2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer. (c) The Department of Highway Safety and Motor Vehicles shall provide an educational awareness campaign informing the motoring public about the Move Over Act. The department shall provide information about the Move Over Act in all newly printed driver license educational materials. (2) Every pedestrian using the road right-of-way shall yield the right-of-way until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer. (3) An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state. (4) This section does not diminish or enlarge any rules of evidence or liability in any case involving the operation of an emergency vehicle. (5) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. Florida Traffic Statutes 241 (6) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or subsection (3), or as a pedestrian violation for infractions of subsection (2). 316.130 Pedestrians; traffic regulations. (1) A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian unless otherwise directed by a police officer. (2) Pedestrians shall be subject to traffic control signals at intersections as provided in s. 316.075, but at all other places pedestrians shall be accorded the privileges and be subject to the restrictions stated in this chapter. (3) Where sidewalks are provided, no pedestrian shall, unless required by other circumstances, walk along and upon the portion of a roadway paved for vehicular traffic. (4) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the shoulder on the left side of the roadway in relation to the pedestrian's direction of travel, facing traffic which may approach from the opposite direction. (5) No person shall stand in the portion of a roadway paved for vehicular traffic for the purpose of soliciting a ride, employment, or business from the occupant of any vehicle. (6) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (7) (a) The driver of a vehicle at an intersection that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (b) The driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. (c) When traffic control signals are not in place or in operation and there is no signage indicating otherwise, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (8) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. (9) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (10) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (11) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (12) No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place than by a route at right angles to the curb or by the shortest route to the opposite curb. (13) Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (14) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices, and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to such crossing movements. (15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person. (16) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge Florida Traffic Statutes 242 operation signal indication has been given. No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed. (17) No pedestrian may jump or dive from a publicly owned bridge. Nothing in this provision requires the state or any political subdivision of the state to post signs notifying the public of this provision. The failure to post a sign may not be construed by any court to create liability on the part of the state or any of its political subdivisions for injuries sustained as a result of jumping or diving from a bridge in violation of this subsection. (18) No pedestrian shall walk upon a limited access facility or a ramp connecting a limited access facility to any other street or highway; however, this subsection does not apply to maintenance personnel of any governmental subdivision. (19) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation. 316.1301 Traffic regulations to assist blind persons. (1) It is unlawful for any person, unless totally or partially blind or otherwise incapacitated, while on any public street or highway, to carry in a raised or extended position a cane or walking stick which is white in color or white tipped with red. A person who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whenever a pedestrian is crossing, or attempting to cross, a public street or highway, guided by a dog guide or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection or place where the pedestrian is attempting to cross shall bring his or her vehicle to a full stop before arriving at such intersection or place of crossing and, before proceeding, shall take such precautions as may be necessary to avoid injuring such pedestrian. A person who is convicted of a violation of this subsection is guilty of a moving violation punishable as provided in chapter 318. (3) Nothing contained in this section shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick, or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways. The failure of any such person to carry a cane or walking stick or to be guided by a dog shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence. 316.1303 Traffic regulations to assist mobility-impaired persons. (1) Whenever a pedestrian who is mobility impaired is in the process of crossing a public street or highway with the assistance of a guide dog or service animal designated as such with a visible means of identification, a walker, a crutch, an orthopedic cane, or a wheelchair, the driver of a vehicle approaching the intersection shall bring his or her vehicle to a full stop before arriving at the intersection and, before proceeding, shall take precautions necessary to avoid injuring the pedestrian. (2) A person who is mobility impaired and who is using a motorized wheelchair on a sidewalk may temporarily leave the sidewalk and use the roadway to avoid a potential conflict, if no alternative route exists. A law enforcement officer may issue only a verbal warning to such person. (3) A person who is convicted of a violation of subsection (1) shall be punished as provided in s. 318.18(3). 316.1305 Fishing from state road bridges. (1) The Department of Transportation is authorized to investigate and determine whether it is detrimental to traffic safety or dangerous to human life for any person to fish from a state road bridge. When the Department of Transportation, after due investigation, determines that it is dangerous for persons to fish from such a bridge, it shall post appropriate signs on the bridge stating that fishing from the bridge is prohibited. (2) Fishing from a bridge upon which the Department of Transportation has posted signs as provided in subsection (1) is a noncriminal traffic infraction, punishable as a pedestrian violation as provided in chapter 318. (3) This section is cumulative and is not intended to repeal any special law making it unlawful to fish from any bridge. 316.1355 Driving through safety zone prohibited. No vehicle shall at any time be Florida Traffic Statutes 243 driven through or within a safety zone. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.151 Required position and method of turning at intersections. (1) The driver of a vehicle intending to turn at an intersection shall do so as follows: (a) Right turn. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. (b) Left turn. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. A person riding a bicycle and intending to turn left in accordance with this section is entitled to the full use of the lane from which the turn may legally be made. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. (c) Left turn by bicycle. In addition to the method of making a left turn described in paragraph (b), a person riding a bicycle and intending to turn left has the option of following the course described hereafter: The rider shall approach the turn as close as practicable to the right curb or edge of the roadway; after proceeding across the intersecting roadway, the turn shall be made as close as practicable to the curb or edge of the roadway on the far side of the intersection; and, before proceeding, the bicyclist shall comply with any official traffic control device or police officer regulating traffic on the highway along which the bicyclist intends to proceed. (2) The state, county, and local authorities in their respective jurisdictions may cause official traffic control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection. When such devices are so placed, no driver of a vehicle may turn a vehicle at an intersection other than as directed and required by such devices. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1515 Limitations on turning around. The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street unless such movement can be made in safety and without interfering with other traffic and unless such movement is not prohibited by posted traffic control signs. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.152 Turning on curve or crest of grade prohibited. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near, the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.154 Starting parked vehicle. No person shall start a vehicle which is stopped, standing, or parked, unless and until such movement can be made with reasonable safety. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.155 When signal required. (1) No person may turn a vehicle from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement. (2) A signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that such a signal by hand or arm need not be given continuously by a bicyclist if the hand is needed in the control or operation of the bicycle. (3) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is opportunity to give such signal. (4) The signals provided for in s. 316.156 shall be used to indicate an intention to turn, to overtake, or to pass a vehicle and may not, except as provided in s. 316.2397, be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" Florida Traffic Statutes 244 signal to operators of other vehicles approaching from the rear. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.156 Signals by hand and arm or signal lamps. (1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (2). (2) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle and also to any combination of vehicles. (3) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a moving violation for infractions of subsection (1) or as a nonmoving violation for infractions of subsection (2). 316.157 Method of giving hand and arm signals. (1) All signals herein required to be given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows: (a) Left turn. Hand and arm extended horizontally. (b) Right turn. Hand and arm extended upward, except that a bicyclist may extend the right hand and arm horizontally to the right side of the bicycle. (c) Stop or decrease speed. Hand and arm extended downward. (2) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1575 Obedience to traffic control devices at railroad-highway grade crossings. (1) Any person walking or driving a vehicle and approaching a railroad-highway grade crossing under any of the circumstances stated in this section shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely. The foregoing requirements apply when: (a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train; (b) A crossing gate is lowered or a law enforcement officer or a human flagger gives or continues to give a signal of the approach or passage of a railroad train; (c) An approaching railroad train emits an audible signal or the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard; or (d) An approaching railroad train is plainly visible and is in hazardous proximity to the railroad-highway grade crossing, regardless of the type of traffic control devices installed at the crossing. (2) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad-highway grade crossing while the gate or barrier is closed or is being opened or closed. (3) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of a vehicle, as a moving violation. 316.159 Certain vehicles to stop or slow at all railroad grade crossings. (1) The driver of any motor vehicle carrying passengers for hire, excluding taxicabs, of any school bus carrying any school child, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and, while so stopped, shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he or she can do so safely. After stopping as required herein and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle so that there will be no necessity for changing gears while traversing the crossing, and the driver shall not shift gears while crossing the track or tracks. (2) No stop need be made at any such crossing where a police officer, a traffic control signal, or a sign directs traffic to proceed. However, any school bus carrying any school child shall be required to stop unless directed to proceed by a police officer. (3) The driver of any commercial motor vehicle that is not required to stop under Florida Traffic Statutes 245 subsection (1) or subsection (2) shall slow the motor vehicle before crossing the tracks of any railroad grade crossing and check that the tracks are clear of an approaching train. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.170 Moving heavy equipment at railroad grade crossings. (1) No person shall operate or move any crawler-type tractor, steam shovel, derrick, or roller, or any equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than 1/2 inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section. (2) Notice of any such intended crossing shall be given to a station agent or other proper authority of the railroad, and a reasonable time shall be given to the railroad to provide proper protection at the crossing. (3) Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. (4) No such crossing shall be made when warning is being given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under his or her direction. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.171 Traffic control devices at railroad-highway grade crossings. Every railroad company operating or leasing any track intersecting a public road at grade and upon which railroad trains are operated shall erect traffic control devices that are necessary to conform with the requirements of the uniform system of traffic control devices adopted pursuant to s. 316.0745. This section does not require the railroad company to erect those devices, such as pavement markings and advance warning signs, which are the responsibility of the governmental entity having jurisdiction over or maintenance responsibility for the public road. Any change in the design of a traffic control device in the uniform system of traffic control devices applies only at new installations and at locations where replacements of existing devices are being made. 316.172 Traffic to stop for school bus. (1) (a) Any person using, operating, or driving a vehicle on or over the roads or highways of this state shall, upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn. A person who violates this section commits a moving violation, punishable as provided in chapter 318. (b) Any person using, operating, or driving a vehicle that passes a school bus on the side that children enter and exit when the school bus displays a stop signal commits a moving violation, punishable as provided in chapter 318, and is subject to a mandatory hearing under the provisions of s. 318.19. (2) The driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus which is stopped in accordance with the provisions of this section. (3) Every school bus shall stop as far to the right of the street as possible and shall display warning lights and stop signals as required by rules of the State Board of Education before discharging or loading passengers. When possible, a school bus shall not stop where the visibility is obscured for a distance of 200 feet either way from the bus. 316.183 Unlawful speed. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. (2) On all streets or highways, the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other Florida Traffic Statutes 246 locations. However, with respect to a residence district, a county or municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It is not necessary to conduct a separate investigation for each residence district. The minimum speed limit on all highways that comprise a part of the National System of Interstate and Defense Highways and have not fewer than four lanes is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the minimum speed limit is 50 miles per hour. (3) A school bus may not exceed the posted speed limits at any time. (4) The driver of every vehicle shall, consistent with the requirements of subsection (1), drive at an appropriately reduced speed when: (a) Approaching and crossing an intersection or railway grade crossing; (b) Approaching and going around a curve; (c) Approaching a hill crest; (d) Traveling upon any narrow or winding roadway; and (e) Any special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. (5) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. (6) No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area. (7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.185 Special hazards. The fact that the speed of a vehicle is lower than the prescribed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.187 Establishment of state speed zones. (1)Whenever the Department of Transportation determines, upon the basis of an engineering and traffic investigation, that any speed is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place, or upon any part of a highway outside of a municipality or upon any state roads, connecting links or extensions thereof within a municipality, the Department of Transportation may determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at the intersection or other place or part of the highway. (2) (a) The maximum allowable speed limit on limited access highways is 70 miles per hour. (b) The maximum allowable speed limit on any other highway which is outside an urban area of 5,000 or more persons and which has at least four lanes divided by a median strip is 65 miles per hour. (c) The Department of Transportation is authorized to set such maximum and minimum speed limits for travel over other roadways under its authority as it deems safe and advisable, not to exceed as a maximum limit 60 miles per hour. (3) Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318. 316.189 Establishment of municipal and county speed zones. (1) MUNICIPAL SPEED. The maximum speed within any municipality is 30 miles per hour. With respect to residence districts, a municipality may set a maximum speed limit of 20 or 25 miles per hour on local streets and highways after an investigation determines that such a limit is reasonable. It shall not be necessary to conduct a separate investigation for each residence district. A municipality may set speed zones altering the speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no changes shall be made on state highways or connecting links or extensions thereof, which shall be changed only by the Department of Transportation. Florida Traffic Statutes 247 (2) SPEED ON COUNTY ROADS. The maximum speed on any county-maintained road is: (a) In any business or residence district, 30 miles per hour in the daytime or nighttime; provided that with respect to residence districts a county may set a maximum speed limit of 25 miles per hour after an investigation determines that such a limit is reasonable; and it shall not be necessary to conduct a separate investigation in each residence district. (b) On any other part of a county road not a business or residence district, as set forth in s. 316.183. However, the board of county commissioners may set speed zones altering such speeds, both as to maximum and minimum, after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than 60 miles per hour. (3) POSTING OF SPEED LIMITS. All speed zones shall be posted with clearly legible signs. No change in speeds from 30 miles per hour or from those established in s. 316.183 shall take effect until the zone is posted by the authority changing the speed pursuant to this section and s. 316.187. All signs which limit or establish speed limits, maximum and minimum, shall be so placed and so painted as to be plainly visible and legible in daylight or in darkness when illuminated by headlights. (4) PENALTY. Violation of the speed limits established under this section must be cited as a moving violation, punishable as provided in chapter 318. 316.1895 Establishment of school speed zones, enforcement; designation. (1) (a) The Department of Transportation, pursuant to the authority granted under s. 316.0745, shall adopt a uniform system of traffic control devices and pedestrian control devices for use on the streets and highways in the state surrounding all schools, public and private. (b) The Department of Transportation shall compile, publish, and transmit a manual containing all specifications and requirements with respect to the system of devices established pursuant to paragraph (a) to the governing body of each county and municipality in the state, and the Department of Transportation and each county and municipality in the state shall install and maintain such traffic and pedestrian control devices in conformity with such uniform system. (2) Upon request from the appropriate local government, the Department of Transportation shall install and maintain such traffic and pedestrian control devices on state-maintained roads as prescribed in this section for all prekindergarten early-intervention schools that receive federal funding through the Headstart program. (3) (a) A school zone located on a state-maintained primary or secondary road shall be maintained by the Department of Transportation. However, nothing herein shall prohibit the Department of Transportation from entering into agreements with counties or municipalities whereby the local governmental entities would maintain specified school zones on state-maintained primary or secondary roads. (b) The county shall have the responsibility to maintain a school zone located outside of any municipality and on a county road. (c) A municipality shall have the responsibility to maintain a school zone located in a municipality. (d) For the purposes of this section, the term "maintained" with respect to any school zone means the care and maintenance of all school zone signs, markers, traffic control devices, and pedestrian control devices. (4) (a) A school zone maintained by a county shall be periodically inspected by the county sheriff's office or any other qualified agent to determine whether or not the school zone is being properly maintained. (b) A school zone maintained by a municipality shall be periodically inspected by the municipal police department or any other qualified agent to determine whether or not the school zone is being properly maintained. (5) A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area, as defined in s. 334.03. Such speed limit may be in force only during those times 30 minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a regularly scheduled breakfast program or a regularly scheduled school session and leaving a regularly scheduled school session. (6) Permanent signs designating school zones and school zone speed limits shall be uniform in size and color, and shall have the times during which the restrictive speed limit is enforced clearly designated thereon. Flashing beacons activated by a time clock, or Florida Traffic Statutes 248 other automatic device, or manually activated may be used as an alternative to posting the times during which the restrictive school speed limit is enforced. Beginning July 1, 2008, for any newly established school zone or any school zone in which the signing has been replaced, a sign stating "Speeding Fines Doubled" shall be installed within the school zone. The Department of Transportation shall establish adequate standards for the signs and flashing beacons. (7) Portable signs designating school zones and school zone speed limits shall be uniform in size and color. Such signs shall be erected on the roadway only during those hours when pupils are arriving at and leaving regularly scheduled school sessions. The Department of Transportation shall establish adequate standards for the signs. (8) Nothing herein shall prohibit the use of automatic traffic control devices for the control of vehicular and pedestrian traffic at school crossings. (9) All flags, belts, apparel, and devices issued, supplied, or furnished to pupils or persons acting in the capacity of school safety patrols, special school police, or special police appointed to control and direct traffic at or near schools, when used during periods of darkness, shall be made at least in part with retroreflective materials so as to be visible at night at 300 feet to approaching motorists when viewed under lawful low-beam headlights. (10) A person may not drive a vehicle on a roadway designated as a school zone at a speed greater than that posted in the school zone in accordance with this section. Violation of the speed limits established pursuant to this section must be cited as a moving violation, punishable as provided in chapter 318. 316.1905 Electrical, mechanical, or other speed calculating devices; power of arrest; evidence. (1) Whenever any peace officer engaged in the enforcement of the motor vehicle laws of this state uses an electronic, electrical, mechanical, or other device used to determine the speed of a motor vehicle on any highway, road, street, or other public way, such device shall be of a type approved by the department and shall have been tested to determine that it is operating accurately. Tests for this purpose shall be made not less than once each 6 months, according to procedures and at regular intervals of time prescribed by the department. (2) Any police officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air operating such a device that a driver of a vehicle has violated the speed laws of this state, may arrest the driver for violation of said laws where reasonable and proper identification of the vehicle and the speed of same has been communicated to the arresting officer. (3) (a) A witness otherwise qualified to testify shall be competent to give testimony against an accused violator of the motor vehicle laws of this state when such testimony is derived from the use of such an electronic, electrical, mechanical, or other device used in the calculation of speed, upon showing that the speed calculating device which was used had been tested. However, the operator of any visual average speed computer device shall first be certified as a competent operator of such device by the department. (b) Upon the production of a certificate, signed and witnessed, showing that such device was tested within the time period specified and that such device was working properly, a presumption is established to that effect unless the contrary shall be established by competent evidence. (c) Any person accused pursuant to the provisions of this section shall be entitled to have the officer actually operating the device appear in court and testify upon oral or written motion. 316.1906 Radar speed-measuring devices; evidence, admissibility. (1) DEFINITIONS. (a) "Audio Doppler" means a backup audible signal that translates the radar's Doppler shift into a tone which can be heard by the radar operator. (b) "Audio warning tone" refers to an auxiliary radar device which alerts the operator, by means of an audible tone, to the presence of a speed registration above a preset level. (c) "Automatic speed lock" refers to an auxiliary radar device which immediately holds any speed reading obtained above a preset level. (d) "Officer" means any: 1. "Law enforcement officer" who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the Florida Traffic Statutes 249 enforcement of the penal, criminal, traffic, or highway laws of the state; 2. "Part-time law enforcement officer" who is employed or appointed less than full time, as defined by an employing agency, with or without compensation; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state; or 3. "Auxiliary law enforcement officer" who is employed or appointed, with or without compensation; who aids or assists a full-time or part-time law enforcement officer; and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions. (e) "Radar" means law enforcement speed radar, any laser-based or microwave-based speed-measurement system employed by a law enforcement agency to detect the speed of motorists. (2) Evidence of the speed of a vehicle measured by any radar speed-measuring device shall be inadmissible in any proceeding with respect to an alleged violation of provisions of law regulating the lawful speed of vehicles, unless such evidence of speed is obtained by an officer who: (a) Has satisfactorily completed the radar training course established by the Criminal Justice Standards and Training Commission pursuant to s. 943.17(1)(b). (b) Has made an independent visual determination that the vehicle is operating in excess of the applicable speed limit. (c) Has written a citation based on evidence obtained from radar when conditions permit the clear assignment of speed to a single vehicle. (d) Is using radar which has no automatic speed locks and no audio alarms, unless disconnected or deactivated. (e) Is operating radar with audio Doppler engaged. (f) Is using a radar unit which meets the minimum design criteria for such units established by the Department of Highway Safety and Motor Vehicles. 316.191 Racing on highways. (1) As used in this section, the term: (a) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. (b) “Drag race” means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit. (c) “Race” means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race. (d) “Spectator” means any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation. (2) A person may not: (a) Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot; (b) In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition; (c) Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or (d) Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition. Florida Traffic Statutes 250 (3) (a) Any person who violates subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates subsection (2) shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271. (b) Any person who commits a second violation of subsection (2) within 5 years after the date of a prior violation that resulted in a conviction for a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $1,000 and not more than $3,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271. (c) Any person who commits a third or subsequent violation of subsection (2) within 5 years after the date of a prior violation that resulted in a conviction for a violation of subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $2,000 and not more than $5,000. The department shall also revoke the driver license of that person for 4 years. A hearing may be requested pursuant to s. 322.271. (d) In any case charging a violation of subsection (2), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for a violation of subsection (2) have occurred within 5 years prior to the charged offense. (4) (a) A person may not be a spectator at any drag race prohibited under subsection (2). (b) A person who violates paragraph (a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (5) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the motor vehicle. (a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle. (b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply. (c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 30 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or coowner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. Paragraphs (a) and (b) shall be applicable to such impoundment. (6) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violating subsection (2). (7) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes. 316.192 Reckless driving. (1) (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) Fleeing a law enforcement officer in a motor vehicle is reckless driving per se. (2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished: Florida Traffic Statutes 251 (a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment. (b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment. (3) Any person: (a) Who is in violation of subsection (1); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes: 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund. (5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program. 316.1923 Aggressive careless driving. "Aggressive careless driving" means committing two or more of the following acts simultaneously or in succession: (1) Exceeding the posted speed as defined in s. 322.27(3)(d)5.b. (2) Unsafely or improperly changing lanes as defined in s. 316.085. (3) Following another vehicle too closely as defined in s. 316.0895(1). (4) Failing to yield the right-of-way as defined in s. 316.079, s. 316.0815, or s. 316.123. (5) Improperly passing as defined in s. 316.083, s. 316.084, or s. 316.085. (6) Violating traffic control and signal devices as defined in ss. 316.074 and 316.075. 316.1925 Careless driving. (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section. Florida Traffic Statutes 252 (2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318. 316.1926 Additional offenses. (1) A person who violates the provisions of s. 316.2085(2) or (3) shall be cited for a moving violation, punishable as provided in chapter 318. (2) A person who exceeds the speed limit in excess of 50 miles per hour or more in violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a moving violation, punishable as provided in chapter 318. 316.193 Driving under the influence; penalties. (1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2) (a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: 1. By a fine of: a. Not less than $500 or more than $1,000 for a first conviction. b. Not less than $1,000 or more than $2,000 for a second conviction; and 2. By imprisonment for: a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. 3. For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003. (b) 1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003. 2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. In addition, the court shall order the mandatory placement for a period of at least 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003. 3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may be not less than $2,000. (c) In addition to the penalties in paragraph (a), the court may order placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 for at least 6 continuous months upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person if, at the time of the offense, the person had a blood-alcohol level or Florida Traffic Statutes 253 breath-alcohol level of .08 or higher. (3) Any person: (a) Who is in violation of subsection (1); (b) Who operates a vehicle; and (c) Who, by reason of such operation, causes or contributes to causing: 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. The death of any human being or unborn child commits DUI manslaughter, and commits: a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (I) At the time of the crash, the person knew, or should have known, that the crash occurred; and (II) The person failed to give information and render aid as required by s. 316.062. For purposes of this subsection, the term “unborn child” has the same meaning as provided in s. 775.021(5). A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years. (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1)and who at the time of the offense was accompanied in the vehicle by a person under the age of 18 years, shall be punished: (a) By a fine of: 1. Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction. (b) By imprisonment for: 1. Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction. For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher. (c) In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense, when the convicted person qualifies for a permanent or restricted license. (5) The court shall place all offenders convicted of violating this section on monthly reporting probation and shall require completion of a substance abuse course conducted by a DUI program licensed by the department under s. 322.292, which must include a psychosocial evaluation of the offender. If the DUI program refers the offender to an authorized substance abuse treatment provider for substance abuse treatment, in addition to any sentence or fine imposed under this section, completion of all such education, evaluation, and treatment is a condition of reporting probation. The offender shall assume reasonable costs for such education, evaluation, and treatment. The referral to treatment resulting from a psychosocial evaluation shall not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider appointed by the court, which shall have access to the DUI program’s psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. The term “substance abuse” means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03. If an offender referred to treatment under this subsection fails to report for or complete such treatment or fails to complete the DUI program substance abuse education course and evaluation, the DUI program shall notify the court and the department of the failure. Upon receipt of the notice, the department shall cancel the offender’s driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may temporarily reinstate the driving privilege on a restricted basis upon Florida Traffic Statutes 254 verification from the DUI program that the offender is currently participating in treatment and the DUI education course and evaluation requirement has been completed. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of completion of treatment from the DUI program. The organization that conducts the substance abuse education and evaluation may not provide required substance abuse treatment unless a waiver has been granted to that organization by the department. A waiver may be granted only if the department determines, in accordance with its rules, that the service provider that conducts the substance abuse education and evaluation is the most appropriate service provider and is licensed under chapter 397 or is exempt from such licensure. A statistical referral report shall be submitted quarterly to the department by each organization authorized to provide services under this section. (6) With respect to any person convicted of a violation of subsection (1), regardless of any penalty imposed pursuant to subsection (2), subsection (3), or subsection (4): (a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or community work otherwise required only if the court finds that the residence or location of the defendant at the time public service or community work is required or the defendant’s employment obligations would create an undue hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). (b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)2. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive. (c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant and must occur concurrently with the driver license revocation imposed under s. 322.28(2)(a)3. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of confinement must be consecutive. (d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vehicle. The order of impoundment or immobilization must include the name and telephone numbers of all immobilization agencies meeting all of the conditions of subsection (13). Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle. (e) A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police Florida Traffic Statutes 255 report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing. (f) A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. (g) The court shall also dismiss the order of impoundment or immobilization of the vehicle if the court finds that the family of the owner of the vehicle has no other private or public means of transportation. (h) The court may also dismiss the order of impoundment or immobilization of any vehicles that are owned by the defendant but that are operated solely by the employees of the defendant or any business owned by the defendant. (i) The court may also dismiss the order of impoundment or immobilization if the defendant provides proof to the satisfaction of the court that a functioning, certified ignition interlock device has been installed upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person. (j) 1. Notwithstanding the provisions of this section, s. 316.1937, and s. 322.2715 relating to ignition interlock devices required for second or subsequent offenders, in order to strengthen the pretrial and posttrial options available to prosecutors and judges, the court may order, if deemed appropriate, that a person participate in a qualified sobriety and drug monitoring program, as defined in subparagraph 2., in addition to the ignition interlock device requirement. Participation shall be at the person’s sole expense. 2. As used in this paragraph, the term “qualified sobriety and drug monitoring program” means an evidence-based program, approved by the department, in which participants are regularly tested for alcohol and drug use. As the court deems appropriate, the program may monitor alcohol or drugs through one or more of the following modalities: breath testing twice a day; continuous transdermal alcohol monitoring in cases of hardship; or random blood, breath, urine, or oral fluid testing. Testing modalities that provide the best ability to sanction a violation as close in time as reasonably feasible to the occurrence of the violation should be given preference. This paragraph does not preclude a court from ordering an ignition interlock device as a testing modality. 3. For purposes of this paragraph, the term “evidence-based program” means a program that satisfies the requirements of at least two of the following: a. The program is included in the federal registry of evidence-based programs and practices. b. The program has been reported in a peer-reviewed journal as having positive effects on the primary targeted outcome. c. The program has been documented as effective by informed experts and other sources. (k) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply. The costs and fees for the impoundment or immobilization must be paid directly to the person impounding or immobilizing the vehicle. (l) The person who owns a vehicle that is impounded or immobilized under this paragraph, or a person who has a lien of record against such a vehicle and who has not requested a review of the impoundment pursuant to paragraph (e), paragraph (f), or paragraph (g), may, within 10 days after the date that person has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to Florida Traffic Statutes 256 determine whether the vehicle was wrongfully taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (m)A defendant, in the court’s discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment. For the purposes of this section, any conviction for a violation of s. 327.35; a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028; or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. However, in satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant is financially unable to pay either all or part of the fine, order that the defendant participate for a specified additional period of time in public service or a community work project in lieu of payment of that portion of the fine which the court determines the defendant is unable to pay. In determining such additional sentence, the court shall consider the amount of the unpaid portion of the fine and the reasonable value of the services to be ordered; however, the court may not compute the reasonable value of services at a rate less than the federal minimum wage at the time of sentencing. (7) A conviction under this section does not bar any civil suit for damages against the person so convicted. (8) At the arraignment, or in conjunction with any notice of arraignment provided by the clerk of the court, the clerk shall provide any person charged with a violation of this section with notice that upon conviction the court shall suspend or revoke the offender’s driver license and that the offender should make arrangements for transportation at any proceeding in which the court may take such action. Failure to provide such notice does not affect the court’s suspension or revocation of the offender’s driver license. (9) A person who is arrested for a violation of this section may not be released from custody: (a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired; (b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or (c) Until 8 hours have elapsed from the time the person was arrested. (10) The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615 shall not be considered in any trial for a violation of this section. Testimony or evidence from the administrative proceedings or any written statement submitted by a person in his or her request for administrative review is inadmissible into evidence or for any other purpose in any criminal proceeding, unless timely disclosed in criminal discovery pursuant to Rule 3.220, Florida Rules of Criminal Procedure. (11) The Department of Highway Safety and Motor Vehicles is directed to adopt rules providing for the implementation of the use of ignition interlock devices. (12) If the records of the Department of Highway Safety and Motor Vehicles show that the defendant has been previously convicted of the offense of driving under the influence, that evidence is sufficient by itself to establish that prior conviction for driving under the influence. However, such evidence may be contradicted or rebutted by other evidence. This presumption may be considered along with any other evidence presented in deciding whether the defendant has been previously convicted of the offense of driving under the influence. (13) If personnel of the circuit court or the sheriff do not immobilize vehicles, only immobilization agencies that meet the conditions of this subsection shall immobilize vehicles in that judicial circuit. (a) The immobilization agency responsible Florida Traffic Statutes 257 for immobilizing vehicles in that judicial circuit shall be subject to strict compliance with all of the following conditions and restrictions: 1. Any immobilization agency engaged in the business of immobilizing vehicles shall provide to the clerk of the court a signed affidavit attesting that the agency: a. Has verifiable experience in immobilizing vehicles; b. Maintains accurate and complete records of all payments for the immobilization, copies of all documents pertaining to the court’s order of impoundment or immobilization, and any other documents relevant to each immobilization. Such records must be maintained by the immobilization agency for at least 3 years; and c. Employs and assigns persons to immobilize vehicles that meet the requirements established in subparagraph 2. 2. The person who immobilizes a vehicle must: a. Not have been adjudicated incapacitated under s. 744.331, or a similar statute in another state, unless his or her capacity has been judicially restored; involuntarily placed in a treatment facility for the mentally ill under chapter 394, or a similar law in any other state, unless his or her competency has been judicially restored; or diagnosed as having an incapacitating mental illness unless a psychologist or psychiatrist licensed in this state certifies that he or she does not currently suffer from the mental illness. b. Not be a chronic and habitual user of alcoholic beverages to the extent that his or her normal faculties are impaired; not have been committed under chapter 397, former chapter 396, or a similar law in any other state; not have been found to be a habitual offender under s. 856.011(3), or a similar law in any other state; or not have had any convictions under this section, or a similar law in any other state, within 2 years before the affidavit is submitted. c. Not have been committed for controlled substance abuse or have been found guilty of a crime under chapter 893, or a similar law in any other state, relating to controlled substances in any other state. d. Not have been found guilty of or entered a plea of guilty or nolo contendere to, regardless of adjudication, or been convicted of a felony, unless his or her civil rights have been restored. e. Be a citizen or legal resident alien of the United States or have been granted authorization to seek employment in this country by the United States Bureau of Citizenship and Immigration Services. (b) The immobilization agency shall conduct a state criminal history check through the Florida Department of Law Enforcement to ensure that the person hired to immobilize a vehicle meets the requirements in sub-subparagraph (a)2.d. (c) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (14) As used in this chapter, the term: (a) “Immobilization,” “immobilizing,” or “immobilize” means the act of installing a vehicle antitheft device on the steering wheel of a vehicle, the act of placing a tire lock or wheel clamp on a vehicle, or a governmental agency’s act of taking physical possession of the license tag and vehicle registration rendering a vehicle legally inoperable to prevent any person from operating the vehicle pursuant to an order of impoundment or immobilization under subsection (6). (b)“Immobilization agency” or “immobilization agencies” means any person, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever that meets all of the conditions of subsection (13). (c) “Impoundment,” “impounding,” or “impound” means the act of storing a vehicle at a storage facility pursuant to an order of impoundment or immobilization under subsection (6) where the person impounding the vehicle exercises control, supervision, and responsibility over the vehicle. (d) “Person” means any individual, firm, company, agency, organization, partnership, corporation, association, trust, or other business entity of any kind whatsoever. 316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. (1) (a) 1. a. Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic Florida Traffic Statutes 258 content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. b. Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such a test or tests, and shall also be told that if he or she refuses to submit to a lawful test of his or her urine and his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. 2. The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program shall: a. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments. b. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments. Florida Traffic Statutes 259 c. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments. d. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments. e. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments. f. Establish a procedure for the approval of breath test operator and agency inspector classes. g. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. h. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties. i. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120. j. Enforce compliance with the provisions of this section through civil or administrative proceedings. k. Make recommendations concerning any matter within the purview of this section, this chapter, chapter 322, or chapter 327. l. Promulgate rules for the administration and implementation of this section, including definitions of terms. m. Consult and cooperate with other entities for the purpose of implementing the mandates of this section. n. Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. o. Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. p. Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval. Nothing in this section shall be construed to supersede provisions in this chapter and chapters 322 and 327. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida. (b) 1. The blood-alcohol level must be based upon grams of alcohol per 100 milliliters of blood. The breath-alcohol level must be based upon grams of alcohol per 210 liters of breath. 2. An analysis of a person's breath, in order to be considered valid under this section, must have been performed substantially according to methods approved by the Department of Law Enforcement. For this purpose, the department may approve satisfactory techniques or methods. Any insubstantial differences between approved techniques and actual testing procedures in any individual case do not render the test or test results invalid. (c) Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term "other medical facility" includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person's privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been Florida Traffic Statutes 260 previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. Any person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in the suspension of the person's privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of the person has been suspended previously as a result of a refusal to submit to such a test or tests, and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. The refusal to submit to a blood test upon the request of a law enforcement officer is admissible in evidence in any criminal proceeding. (d) If the arresting officer does not request a chemical or physical breath test of the person arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person's breath or a test of the urine or blood for the purpose of determining the alcoholic content of the person's blood or breath or the presence of chemical substances or controlled substances; and, if so requested, the arresting officer shall have the test performed. (e) 1. By applying for a driver's license and by accepting and using a driver's license, the person holding the driver's license is deemed to have expressed his or her consent to the provisions of this section. 2. A nonresident or any other person driving in a status exempt from the requirements of the driver's license law, by his or her act of driving in such exempt status, is deemed to have expressed his or her consent to the provisions of this section. 3. A warning of the consent provision of this section shall be printed on each new or renewed driver's license. (f) 1. The tests determining the weight of alcohol in the defendant's blood or breath shall be administered at the request of a law enforcement officer substantially in accordance with rules of the Department of Law Enforcement. Such rules must specify precisely the test or tests that are approved by the Department of Law Enforcement for reliability of result and ease of administration, and must provide an approved method of administration which must be followed in all such tests given under this section. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. 2. a. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. b. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person's blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section. c. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test. d. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, Florida Traffic Statutes 261 or legal duty for a health care provider to provide notice or fail to provide notice. e. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice. 3. The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person's blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of the test taken at the direction of the law enforcement officer. The law enforcement officer shall not interfere with the person's opportunity to obtain the independent test and shall provide the person with timely telephone access to secure the test, but the burden is on the person to arrange and secure the test at the person's own expense. 4. Upon the request of the person tested, full information concerning the results of the test taken at the direction of the law enforcement officer shall be made available to the person or his or her attorney. Full information is limited to the following: a. The type of test administered and the procedures followed. b. The time of the collection of the blood or breath sample analyzed. c. The numerical results of the test indicating the alcohol content of the blood and breath. d. The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test. e. If the test was administered by means of a breath testing instrument, the date of performance of the most recent required inspection of such instrument. Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument. 5. A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer does not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood or urine specimen, or the chemical or physical test of a person's breath pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test. (2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or breath or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information. 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. (1) (a) If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a Florida Traffic Statutes 262 person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person's blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to a lawful arrest of the person. (b) The term "serious bodily injury" means an injury to any person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (2) (a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes. 1. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person's blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section. 2. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test. 3. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or fail to provide notice. 4. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice. (b) A chemical analysis of the person's blood to determine the alcoholic content thereof must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation at the discretion of the department. Any insubstantial differences between approved methods or techniques and actual testing procedures, or any insubstantial defects concerning the permit issued by the department, in any individual case, shall not render the test or test results invalid. (c) No hospital, clinical laboratory, medical clinic, or similar medical institution or Florida Traffic Statutes 263 physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer shall incur any civil or criminal liability as a result of the withdrawal or analysis of a blood specimen pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test. (3) (a) Any criminal charge resulting from the incident giving rise to the officer's demand for testing shall be tried concurrently with a charge of any violation arising out of the same incident, unless, in the discretion of the court, such charges should be tried separately. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing. (b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information. 316.1934 Presumption of impairment; testing methods. (1) It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to drive or be in actual physical control of any motor vehicle within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life. (2) At the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving, or in actual physical control of, a vehicle while under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties were impaired or to the extent that he or she was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 316.1932 or s. 316.1933 and this section are admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood or breath at the time alleged, as shown by chemical analysis of the person's blood, or by chemical or physical test of the person's breath, gives rise to the following presumptions: (a) If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (b) If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Moreover, such person who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an unlawful blood-alcohol level or breath-alcohol level. The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (3) A chemical analysis of a person's blood to determine alcoholic content or a chemical or physical test of a person's breath, in order to be considered valid under this section, must Florida Traffic Statutes 264 have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures or any insubstantial defects concerning the permit issued by the department, in any individual case do not render the test or test results invalid. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation in accordance with rules adopted by the department. (4) Any person charged with a violation of s. 316.193, whether in a municipality or not, is entitled to trial by jury according to the Florida Rules of Criminal Procedure. (5) An affidavit containing the results of any test of a person's blood or breath to determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933, is admissible in evidence under the exception to the hearsay rule in s. 90.803(8) for public records and reports. Such affidavit is admissible without further authentication and is presumptive proof of the results of an authorized test to determine alcohol content of the blood or breath if the affidavit discloses: (a) The type of test administered and the procedures followed; (b) The time of the collection of the blood or breath sample analyzed; (c) The numerical results of the test indicating the alcohol content of the blood or breath; (d) The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test; and (e) If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance on such instrument. The Department of Law Enforcement shall provide a form for the affidavit. Admissibility of the affidavit does not abrogate the right of the person tested to subpoena the person who administered the test for examination as an adverse witness at a civil or criminal trial or other proceeding. (6) Nothing in this section prohibits the prosecution of a person under s. 322.62. The provisions of subsection (2) do not apply to such prosecution and the presumptions made pursuant to that subsection may not be introduced into evidence during such prosecution. 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. (1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding: (a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence of incarceration as authorized by law. Florida Traffic Statutes 265 (4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding: (a) Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law. (5) The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4). (6) Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section. A person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence. (7) Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704. Any vehicle not required to be titled under the laws of this state is presumed to be the property of the person in possession of the vehicle. 316.1936 Possession of open containers of alcoholic beverages in vehicles prohibited; penalties. (1) As used in this section, the term: (a) "Open container" means any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken. (b) "Road" means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of travel and all ferries used in connection therewith. (2) (a) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state. (b) It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while seated in or on a motor vehicle that is parked or stopped within a road as defined in this section. Notwithstanding the prohibition contained in this section, passengers in vehicles designed, maintained, and used primarily for the transportation of persons for compensation and in motor homes are exempt. (3) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked nonpassenger area of the vehicle. (4) An open container shall be considered to be in the possession of a passenger of a Florida Traffic Statutes 266 vehicle if the container is in the physical control of the passenger. (5) This section shall not apply to: (a) A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver's license with a passenger endorsement issued in accordance with the requirements of chapter 322; (b) A passenger of a bus in which the driver holds a valid commercial driver's license with a passenger endorsement issued in accordance with the requirements of chapter 322; or (c) A passenger of a self-contained motor home which is in excess of 21 feet in length. (6) Any operator of a vehicle who violates this section is guilty of a noncriminal moving traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who violates this section is guilty of a nonmoving traffic violation, punishable as provided in chapter 318. (7) A county or municipality may adopt an ordinance which imposes more stringent restrictions on the possession of alcoholic beverages in vehicles than those imposed by this section. (8) Nothing in this section prohibits the enforcement of s. 316.302. (9) A bottle of wine that has been resealed and is transported pursuant to s. 564.09 is not an open container under the provisions of this section. 316.1939 Refusal to submit to testing; penalties. (1) Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and: (a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances; (b) Who was placed under lawful arrest for a violation of s. 316.193 unless such test was requested pursuant to s. 316.1932(1)(c); (c) Who was informed that, if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months; (d) Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and (e) Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083. (2) The disposition of any administrative proceeding that relates to the suspension of a person's driving privilege does not affect a criminal action under this section. (3) The disposition of a criminal action under this section does not affect any administrative proceeding that relates to the suspension of a person's driving privilege. The department's records showing that a person's license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be admissible and shall create a rebuttable presumption of such suspension. 316.194 Stopping, standing or parking outside of municipalities. (1) Upon any highway outside of a municipality, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave the vehicle off such part of the highway; but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway. (2) This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers, where highway conditions render such parking off the paved portion of the highway hazardous or impractical. (3) (a) Whenever any police officer or traffic accident investigation officer finds a vehicle standing upon a highway in violation of any of Florida Traffic Statutes 267 the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the vehicle, to a position off the paved or main-traveled part of the highway. (b) Officers and traffic accident investigation officers may provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a bridge or causeway or in any tunnel, or on any public highway in the following instances: 1. Where such vehicle constitutes an obstruction of traffic; 2. Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge; and 3. Where an operative vehicle has been parked or stored on the public right-of-way for a period exceeding 10 days, in other than designated parking areas, and is more than 30 feet from the pavement edge. However, the agency removing such vehicle shall be required to report same to the Department of Highway Safety and Motor Vehicles within 24 hours of such removal. (c) Any vehicle moved under the provisions of this chapter which is a stolen vehicle shall not be subject to the provisions hereof unless the moving authority has reported to the Florida Highway Patrol the taking into possession of the vehicle within 24 hours of the moving of the vehicle. (4) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1945 Stopping, standing, or parking prohibited in specified places. (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, stand, or park a vehicle: 1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. 2. On a sidewalk. 3. Within an intersection. 4. On a crosswalk. 5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings. 6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. 7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel. 8. On any railroad tracks. 9. On a bicycle path. 10 At any place where official traffic control devices prohibit stopping. 11 On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws. 12 For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. In front of a public or private driveway. 2. Within 15 feet of a fire hydrant. 3. Within 20 feet of a crosswalk at an intersection. 4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway. 5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted). 6. On an exclusive bicycle lane. 7. At any place where official traffic control devices prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers: Florida Traffic Statutes 268 1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances. 2. At any place where official signs prohibit parking. (2) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. (3) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section or a municipal or county ordinance may: (a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or (b) If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that the uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued by being attached to an unattended vehicle. The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for violation of a municipal or county parking ordinance. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.195 Additional parking regulations. (1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of the roadway. (2) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway, or its left wheels within 12 inches of the left-hand curb or edge of the roadway. (3) Local authorities may, by ordinance, permit angle parking on any roadway, except that angle parking shall not be permitted on any state road unless the Department of Transportation has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.1951 Parking for certain purposes prohibited; sale of motor vehicles; prohibited acts. (1) It is unlawful for any person to park a motor vehicle, as defined in s. 320.01, upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal or county regulation and the person is in compliance with all municipal or county licensing regulations. (2) The provisions of subsection (1) do not prohibit a person from parking his or her own motor vehicle or his or her other personal property on any private real property which the person owns or leases or on private real property which the person does not own or lease, but for which he or she obtains the permission of the owner, or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental. (3) Subsection (1) does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer’s licensed location if the dealer has been issued a supplemental license for off-premises sales, as provided in s. 320.27(5), and has complied with the requirements in subsection (1). A vehicle displayed for sale by a licensed dealer at any location other than the dealer’s licensed location is subject to immediate removal without warning. (4) A local government may adopt an ordinance to allow the towing of a motor vehicle parked in violation of this section. A law enforcement officer, compliance officer, code enforcement officer from any local government agency, or supervisor of the department may issue a citation and cause to be immediately removed at the owner’s expense any motor vehicle found in violation of subsection (1), except as provided in subsections (2) and (3), or in violation of subsection (5), subsection (6), subsection (7), or subsection (8), and the owner shall be assessed a penalty as provided in s. 318.18(21) by the government agency or authority that orders immediate removal of the motor vehicle. A motor vehicle removed under this section shall not be released from an Florida Traffic Statutes 269 impound or towing and storage facility before a release form prescribed by the department has been completed verifying that the fine has been paid to the government agency or authority that ordered immediate removal of the motor vehicle. However, the owner may pay towing and storage charges to the towing and storage facility pursuant to s. 713.78 before payment of the fine or before the release form has been completed. (5) It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced, as described in s. 319.33(1)(d). A vehicle found in violation of this subsection is subject to immediate removal without warning. (6) It is unlawful to knowingly attach to any motor vehicle a registration that was not assigned or lawfully transferred to the vehicle pursuant to s. 320.261. A vehicle found in violation of this subsection is subject to immediate removal without warning. (7) It is unlawful to display or offer for sale a vehicle that does not have a valid registration as provided in s. 320.02. A vehicle found in violation of this subsection is subject to immediate removal without warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions as defined in s. 320.27(1)(c)4. (8) A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three or more vehicles offered for sale within a 12-month period. (9) Any other provision of law to the contrary notwithstanding, a violation of subsection (1), subsection (5), subsection (6), subsection (7), or subsection (8) shall subject the owner of such motor vehicle to towing fees reasonably necessitated by removal and storage of the motor vehicle and a fine as required by s. 318.18. (10) This section does not prohibit the governing body of a municipality or county, with respect to streets, highways, or other property under its jurisdiction, from regulating the parking of motor vehicles for any purpose. (11) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318, unless otherwise mandated by general law. 316.1955 Enforcement of parking requirements for persons who have disabilities. (1) It is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and marked parking space provided in accordance with s. 553.5041, unless the vehicle displays a disabled parking permit issued under s. 316.1958 or s. 320.0848 or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845, and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the marking on the parking space to comply with s. 553.5041 if the space is in general compliance and is clearly distinguishable as a designated accessible parking space for people who have disabilities. Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign as provided in s. 553.5041. (a) Whenever a law enforcement officer, a parking enforcement specialist, or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer, owner, or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed under this section to a storage lot, garage, or other safe parking space, the cost of the removal and parking constitutes a lien against the vehicle. (b) The officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in s. 316.008(4) or s. 318.18(6). The owner of a leased vehicle is not responsible for a violation of this section if the vehicle is registered in the name of the lessee. (c) All convictions for violations of this section must be reported to the Department of Highway Safety and Motor Vehicles by the clerk of the court. (d) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking permit and driver's license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence, as provided in s. 843.02. (2) It is unlawful for any person to obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or Florida Traffic Statutes 270 parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities. (3) Any person who is chauffeuring a person who has a disability is allowed, without need for a disabled parking permit or a special license plate, to stand temporarily in any such parking space, for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary standing. (4) (a) A vehicle that is transporting a person who has a disability and that has been granted a permit under s. 320.0848(1)(a) may be parked for a maximum of 30 minutes in any parking space reserved for persons who have disabilities. (b) Notwithstanding paragraph (a), a theme park or an entertainment complex as defined in s. 509.013(9) which provides parking in designated areas for persons who have disabilities may allow any vehicle that is transporting a person who has a disability to remain parked in a space reserved for persons who have disabilities throughout the period the theme park is open to the public for that day. 316.1957 Parking violations; designated parking spaces for persons who have disabilities. When evidence is presented in any court of the fact that any motor vehicle was parked in a properly designated parking space for persons who have disabilities in violation of s. 316.1955, it is prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the department. 316.1958 Out-of-state vehicles bearing identification of issuance to persons who have disabilities. Motor vehicles displaying a special license plate or parking permit issued to a person who has a disability by any other state or district subject to the laws of the United States or by a foreign country that issues disabled parking permits that display the international symbol of accessibility are recognized as displaying a valid license plate or permit, that allows such a vehicle special parking privileges under s. 316.1955, if the other state or district grants reciprocal recognition for residents of this state who have disabilities. However, when an individual is required by law to have a Florida driver's license or a Florida vehicle registration, a special motor vehicle license plate or parking permit issued by another state, district, or country to persons who have disabilities is not valid and the individual whose vehicle displays such an invalid plate or permit is subject to the same penalty as an individual whose vehicle does not display a valid plate or permit. A law enforcement officer or parking enforcement specialist may not ticket a vehicle for a violation of s. 316.1955 without first determining whether the vehicle is transporting a resident of another state who is the owner of the out-of-state placard. 316.1959 Handicapped parking enforcement. The provisions of handicapped parking shall be enforced by state, county, and municipal authorities in their respective jurisdictions whether on public or private property in the same manner as is used to enforce other parking laws and ordinances by said agencies. 316.1965 Parking near rural mailbox during certain hours; penalties. Whoever parks any vehicle within 30 feet of any rural mailbox upon any state highway in this state between 8 a.m. and 6 p.m. shall be cited for a nonmoving violation, punishable as provided in chapter 318. 316.1967 Liability for payment of parking ticket violations and other parking violations. (1) The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence, when required by this subsection, that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the appropriate law enforcement authorities an affidavit setting forth the name, address, and driver's license number of the person who leased, rented, or otherwise had the care, custody, or control of the vehicle. The affidavit submitted under this subsection is admissible in a proceeding charging a parking ticket violation and raises the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking ticket violation. The owner of a vehicle is not responsible for a parking ticket violation if the vehicle involved was, at the time, stolen or in the care, Florida Traffic Statutes 271 custody, or control of some person who did not have permission of the owner to use the vehicle. The owner of a leased vehicle is not responsible for a parking ticket violation and is not required to submit an affidavit or the other evidence specified in this section, if the vehicle is registered in the name of the person who leased the vehicle. (2) Any person who is issued a county or municipal parking ticket by a parking enforcement specialist or officer is deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. If payment is not received or a response to the ticket is not made within the time period specified thereon, the county court or its traffic violations bureau shall notify the registered owner of the vehicle that was cited, or the registered lessee when the cited vehicle is registered in the name of the person who leased the vehicle, by mail to the address given on the motor vehicle registration, of the ticket. Mailing the notice to this address constitutes notification. Upon notification, the registered owner or registered lessee shall comply with the court's directive. (3) Any person who fails to satisfy the court's directive waives his or her right to pay the applicable civil penalty. (4) Any person who elects to appear before a designated official to present evidence waives his or her right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed $100 or the fine amount designated by county ordinance, plus court costs. Any person who fails to pay the civil penalty within the time allowed by the court is deemed to have been convicted of a parking ticket violation, and the court shall take appropriate measures to enforce collection of the fine. (5) Any provision of subsections (2), (3), and (4) to the contrary notwithstanding, chapter 318 does not apply to violations of county parking ordinances and municipal parking ordinances. (6) Any county or municipality may provide by ordinance that the clerk of the court or the traffic violations bureau shall supply the department with a magnetically encoded computer tape reel or cartridge or send by other electronic means data which is machine readable by the installed computer system at the department, listing persons who have three or more outstanding parking violations, including violations of s. 316.1955. Each county shall provide by ordinance that the clerk of the court or the traffic violations bureau shall supply the department with a magnetically encoded computer tape reel or cartridge or send by other electronic means data that is machine readable by the installed computer system at the department, listing persons who have any outstanding violations of s. 316.1955 or any similar local ordinance that regulates parking in spaces designated for use by persons who have disabilities. The department shall mark the appropriate registration records of persons who are so reported. Section 320.03(8) applies to each person whose name appears on the list. 316.1974 Funeral procession right-of-way and liability. (1) DEFINITIONS. (a) "Funeral director" and "funeral establishment" shall have the same meaning as set forth in s. 497.005. (b) "Funeral procession" means two or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, or other location at which the funeral service is to be held, in the daylight hours, including a funeral lead vehicle or a funeral escort vehicle. (c) "Funeral lead vehicle" means any authorized law enforcement or non-law enforcement motor vehicle properly equipped pursuant to subsection (2) or a funeral escort vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse may serve as a funeral lead vehicle. (d) "Funeral escort" means a person or entity that provides escort services for funeral processions, including law enforcement personnel and agencies. (e) "Funeral escort vehicle" means any motor vehicle that is properly equipped pursuant to subsection (2) and which escorts a funeral procession. (2) EQUIPMENT. (a) All non-law enforcement funeral escort vehicles and funeral lead vehicles shall be equipped with at least one lighted circulation lamp exhibiting an amber or purple light or lens visible under normal atmospheric conditions for a distance of 500 feet from the front of the vehicle. Flashing amber or purple lights may be used only when such vehicles are used in a funeral procession. (b) Any law enforcement funeral escort vehicle may be equipped with red, blue, or amber flashing lights which meet the criteria established in paragraph (a). (3) F U N E R A L P R O C E S S I O N RIGHT-OF-WAY; FUNERAL ESCORT Florida Traffic Statutes 272 VEHICLES; FUNERAL LEAD VEHICLES. (a) Regardless of any traffic control device or right-of-way provisions prescribed by state or local ordinance, pedestrians and operators of all vehicles, except as stated in paragraph (c), shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle. (b) When the funeral lead vehicle lawfully enters an intersection, either by reason of a traffic control device or at the direction of law enforcement personnel, the remaining vehicles in the funeral procession may follow through the intersection regardless of any traffic control devices or right-of-way provisions prescribed by state or local law. (c) Funeral processions shall have the right-of-way at intersections regardless of traffic control devices, subject to the following conditions and exceptions: 1. Operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle giving an audible or visible signal. 2. Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a police officer. 3. Operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession. (4) DRIVING IN PROCESSION. (a) All vehicles comprising a funeral procession shall follow the preceding vehicle in the funeral procession as closely as is practical and safe. (b) Any ordinance, law, or regulation stating that motor vehicles shall be operated to allow sufficient space enabling any other vehicle to enter and occupy such space without danger shall not be applicable to vehicles in a funeral procession. (c) Each vehicle which is part of a funeral procession shall have its headlights, either high or low beam, and tail lights lighted and may also use the flashing hazard lights if the vehicle is so equipped. (5) LIABILITY. (a) Liability for any death, personal injury, or property damage suffered on or after October 1, 1997, by any person in a funeral procession shall not be imposed upon the funeral director or funeral establishment or their employees or agents unless such death, personal injury, or property damage is proximately caused by the negligent or intentional act of an employee or agent of the funeral director or funeral establishment. (b) A funeral director, funeral establishment, funeral escort, or other participant that leads, organizes, or participates in a funeral procession in accordance with this section shall be presumed to have acted with reasonable care. (c) Except for a grossly negligent or intentional act by a funeral director or funeral establishment, there shall be no liability on the part of a funeral director or funeral establishment for failing, on or after October 1, 1997, to use reasonable care in the planning or selection of the route to be followed by the funeral procession. (6) VIOLATIONS. A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (2), a pedestrian violation for infractions of subsection (3), or as a moving violation for infractions of subsection (3) or subsection (4) if the infraction resulted from the operation of a vehicle. 316.1975 Unattended motor vehicle. (1) A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. A vehicle may not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the street. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) This section does not apply to the operator of: (a) An authorized emergency vehicle while in the performance of official duties and the vehicle is equipped with an activated antitheft device that prohibits the vehicle from being driven; (b) A licensed delivery truck or other delivery vehicle while making deliveries; (c) A solid waste or recovered materials collection vehicle while collecting such items; or (d) A vehicle that is started by remote control while the ignition, transmission, and doors are locked. 316.1985 Limitations on backing. (1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic. (2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any Florida Traffic Statutes 273 limited access facility. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.1995 Driving upon sidewalk or bicycle path. (1) Except as provided in s. 316.008 or s. 316.212(8), a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. (2) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (3) This section does not apply to motorized wheelchairs. 316.2004 Obstruction to driver's view or driving mechanism. (1) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. (2) (a) No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides or with the driver's control over the driving mechanism of the vehicle. (b) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which materially obstructs, obscures, or impairs the driver's clear view of the highway or any intersecting highway. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2005 Opening and closing vehicle doors. No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2014 Riding in house trailers. No person or persons shall occupy a house trailer while it is being moved upon a public street or highway. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2015 Unlawful for person to ride on exterior of vehicle. (1) It is unlawful for any operator of a passenger vehicle to permit any person to ride on the bumper, radiator, fender, hood, top, trunk, or running board of such vehicle when operated upon any street or highway which is maintained by the state, county, or municipality. Any person who violates this subsection shall be cited for a moving violation, punishable as provided in chapter 318. (2) (a) No person shall ride on any vehicle upon any portion thereof not designed or intended for the use of passengers. This paragraph does not apply to an employee of a fire department, an employee of a governmentally operated solid waste disposal department or a waste disposal service operating pursuant to a contract with a governmental entity, or to a volunteer firefighter when the employee or firefighter is engaged in the necessary discharge of a duty, and does not apply to a person who is being transported in response to an emergency by a public agency or pursuant to the direction or authority of a public agency. This paragraph does not apply to an employee engaged in the necessary discharge of a duty or to a person or persons riding within truck bodies in space intended for merchandise. (b) It is unlawful for any operator of a pickup truck or flatbed truck to permit a minor child who has not attained 18 years of age to ride upon limited access facilities of the state within the open body of a pickup truck or flatbed truck unless the minor is restrained within the open body in the back of a truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck. This paragraph does not apply in a medical emergency if the child is accompanied within the truck by an adult. A county is exempt from this paragraph if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this paragraph. (c) Any person who violates this subsection shall be cited for a nonmoving violation, punishable as provided in chapter 318. (3) This section shall not apply to a performer engaged in a professional exhibition or person Florida Traffic Statutes 274 participating in an exhibition or parade, or any such person preparing to participate in such exhibitions or parades. 316.2025 Following fire apparatus prohibited. No driver of any vehicle other than an authorized emergency vehicle on official business shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for following too close to a fire apparatus or as a nonmoving violation for parking near a fire apparatus. 316.2034 Crossing fire hose. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or highway, or private road or driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc. (1) It is unlawful to place or allow to be placed upon any street or highway any tacks, wire, scrap metal, glass, crockery, or other substance which may be injurious to the feet of persons or animals or to the tires of vehicles or in any way injurious to the road. (2) It is unlawful to allow any vehicle or contrivance or any part of same, or any load or portion of a load carried on the same, to drag upon any street or highway. (3) It is unlawful to obstruct, dig up, or in any way disturb any street or highway. However, this subsection shall not be construed so as to hinder or prevent the installation or replacement of any utilities in accordance with the provisions of law now existing or that may hereafter be enacted. (4) It is unlawful for any vehicle to be equipped with any solid tires or any airless-type tire on any motor-driven vehicle when operated upon a highway. (5) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as either a nonmoving violation for infractions of subsection (1) or subsection (3) or as a moving violation for infractions of subsection (2) or subsection (4). 316.2044 Removal of injurious substances. (1) Any person who drops, or permits to be dropped or thrown, upon any street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (2) Any person removing a wrecked or damaged vehicle from a street or highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2045 Obstruction of public streets, highways, and roads. (1) It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in chapter 318. (2) It is unlawful, without proper authorization or a lawful permit, for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (1) in order to solicit. Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Organizations qualified under s. 501(c)(3) of the Internal Revenue Code and registered pursuant to chapter 496, or persons or organizations acting on their behalf are exempted from the provisions of this subsection for activities on streets or roads not maintained by the state. Permits for the use of any portion of a state-maintained road or right-of-way shall be required only for those purposes and in the manner set out in s. 337.406. (3) Permits for the use of any street, road, or right-of-way not maintained by the state may be issued by the appropriate local government. An organization that is qualified under s. 501(c)(3) of the Internal Revenue Code and registered under chapter 496, or a person or organization acting on behalf of that organization, is exempt from local requirements for a permit issued under this Florida Traffic Statutes 275 subsection for charitable solicitation activities on or along streets or roads that are not maintained by the state under the following conditions: (a) The organization, or the person or organization acting on behalf of the organization, must provide all of the following to the local government: 1. No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or organization that will perform the solicitation and the name and address of the organization that will receive funds from the solicitation. 2. For review and comment, a plan for the safety of all persons participating in the solicitation, as well as the motoring public, at the locations where the solicitation will take place. 3. Specific details of the location or locations of the proposed solicitation and the hours during which the solicitation activities will occur. 4. Proof of commercial general liability insurance against claims for bodily injury and property damage occurring on streets, roads, or rights-of-way or arising from the solicitor's activities or use of the streets, roads, or rights-of-way by the solicitor or the solicitor's agents, contractors, or employees. The insurance shall have a limit of not less than $1 million per occurrence for the general aggregate. The certificate of insurance shall name the local government as an additional insured and shall be filed with the local government no later than 72 hours before the date of the solicitation. 5. Proof of registration with the Department of Agriculture and Consumer Services pursuant to s. 496.405 or proof that the soliciting organization is exempt from the registration requirement. (b) Organizations or persons meeting the requirements of subparagraphs (a)1.-5. may solicit for a period not to exceed 10 cumulative days within 1 calendar year. (c) All solicitation shall occur during daylight hours only. (d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danger to the participants or the public. (e) No person engaging in solicitation activities shall persist after solicitation has been denied, act in a demanding or harassing manner, or use any sound or voice-amplifying apparatus or device. (f) All persons participating in the solicitation shall be at least 18 years of age and shall possess picture identification. (g) Signage providing notice of the solicitation shall be posted at least 500 feet before the site of the solicitation. (h) The local government may stop solicitation activities if any conditions or requirements of this subsection are not met. (4) Nothing in this section shall be construed to inhibit political campaigning on the public right-of-way or to require a permit for such activity. (5) Notwithstanding the provisions of subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, highway, or road for the sole purpose of collecting solid waste or recyclable or recovered materials. However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste or recyclable or recovered materials. Local governments may establish reasonable regulations governing the standing and stopping of such commercial vehicles, provided that such regulations are applied uniformly and without regard to the ownership of the vehicles. 316.2051 Certain vehicles prohibited on hard-surfaced roads. It is unlawful to operate upon any hard-surfaced road in this state any log cart, tractor, or well machine; any steel-tired vehicle other than the ordinary farm wagon or buggy; or any other vehicle or machine that is likely to damage a hard-surfaced road except to cause ordinary wear and tear on the same. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.2055 Motor vehicles, throwing advertising materials in. It is unlawful for any person on a public street, highway, or sidewalk in the state to throw into, or attempt to throw into, any motor vehicle, or offer, or attempt to offer, to any occupant of any motor vehicle, whether standing or moving, or to place or throw into any motor vehicle any advertising or soliciting materials or to cause or secure any person or persons to do any one of such unlawful acts. 316.2061 Stop when traffic obstructed. No driver shall enter an intersection or a marked Florida Traffic Statutes 276 crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.2065 Bicycle regulations. (1) Every person propelling a vehicle by human power has all of the rights and all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter, and except as to provisions of this chapter which by their nature can have no application. (2) A person operating a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. (3) (a) A bicycle may not be used to carry more persons at one time than the number for which it is designed or equipped, except that an adult rider may carry a child securely attached to his or her person in a backpack or sling. (b) Except as provided in paragraph (a), a bicycle rider must carry any passenger who is a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is designed to carry a child of that age or size and that secures and protects the child from the moving parts of the bicycle. (c) A bicycle rider may not allow a passenger to remain in a child seat or carrier on a bicycle when the rider is not in immediate control of the bicycle. (d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger’s head by a strap and that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R. part 1203. A helmet purchased before October 1, 2012, which meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department may continue to be worn by a bicycle rider or passenger until January 1, 2016. As used in this subsection, the term “passenger” includes a child who is riding in a trailer or semitrailer attached to a bicycle. (e) Law enforcement officers and school crossing guards may issue a bicycle safety brochure and a verbal warning to a bicycle rider or passenger who violates this subsection. A bicycle rider or passenger who violates this subsection may be issued a citation by a law enforcement officer and assessed a fine for a pedestrian violation, as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet that complies with this subsection. (4) No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or himself or herself to any vehicle upon a roadway. This subsection does not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or semitrailer is commercially available and has been designed for such attachment. (5) (a) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride in the lane marked for bicycle use or, if no lane is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1. When overtaking and passing another bicycle or vehicle proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition or potential conflict, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, turn lane, or substandard-width lane, which makes it unsafe to continue along the right-hand curb or edge or within a bicycle lane. For the purposes of this subsection, a “substandard-width lane” is a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane. (b) Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (6) Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions then existing and shall ride within a single lane. Florida Traffic Statutes 277 (7) Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or reflectors in addition to those required by this section. A law enforcement officer may issue a bicycle safety brochure and a verbal warning to a bicycle rider who violates this subsection or may issue a citation and assess a fine for a pedestrian violation as provided in s. 318.18. The court shall dismiss the charge against a bicycle rider for a first violation of this subsection upon proof of purchase and installation of the proper lighting equipment. (8) No parent of any minor child and no guardian of any minor ward may authorize or knowingly permit any such minor child or ward to violate any of the provisions of this section. (9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances. (10) A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. (11) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, may go upon any roadway except while crossing a street on a crosswalk; and, when so crossing, such person shall be granted all rights and shall be subject to all of the duties applicable to pedestrians. (12) This section shall not apply upon any street while set aside as a play street authorized herein or as designated by state, county, or municipal authority. (13) Every bicycle shall be equipped with a brake or brakes which will enable its rider to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement. (14) A person engaged in the business of selling bicycles at retail shall not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. (15) (a) A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the age of 16 years unless: 1. The child possesses a bicycle helmet; or 2. The lessor provides a bicycle helmet for the child to wear. (b) A violation of this subsection is a nonmoving violation, punishable as provided in s. 318.18. (16) The court may waive, reduce, or suspend payment of any fine imposed under subsection (3) or subsection (15) and may impose any other conditions on the waiver, reduction, or suspension. If the court finds that a person does not have sufficient funds to pay the fine, the court may require the performance of a specified number of hours of community service or attendance at a safety seminar. (17) Notwithstanding s. 318.21, all proceeds collected pursuant to s. 318.18 for violations under paragraphs (3)(e) and (15)(b) shall be deposited into the State Transportation Trust Fund. (18) The failure of a person to wear a bicycle helmet or the failure of a parent or guardian to prevent a child from riding a bicycle without a bicycle helmet may not be considered evidence of negligence or contributory negligence. (19) Except as otherwise provided in this section, a violation of this section is a noncriminal traffic infraction, punishable as a pedestrian violation as provided in chapter 318. A law enforcement officer may issue traffic citations for a violation of subsection (3) or subsection (15) only if the violation occurs on a bicycle path or road, as defined in s. 334.03. However, a law enforcement officer may not issue citations to persons on private property, except any part thereof which is open to the use of the public for purposes of vehicular traffic. 316.2071 Personal delivery devices. (1) Notwithstanding any provision of law to the contrary, a personal delivery device may operate on sidewalks and crosswalks, subject to s. 316.008(7)(b). A personal delivery device operating on a sidewalk or crosswalk has all the rights and duties applicable to a pedestrian under the same circumstances, except that the personal delivery device must not unreasonably interfere with pedestrians or traffic and must yield the right-of-way to pedestrians on the sidewalk or crosswalk. (2) A personal delivery device must: (a) Obey all official traffic and pedestrian control signals and devices. (b) Include a plate or marker that has a unique identifying device number and identifies the name and contact information of the personal delivery device operator. (c) Be equipped with a braking system that, Florida Traffic Statutes 278 when active or engaged, enables the personal delivery device to come to a controlled stop. (3) A personal delivery device may not: (a) Operate on a public highway except to the extent necessary to cross a crosswalk. (b) Operate on a sidewalk or crosswalk unless the personal delivery device operator is actively controlling or monitoring the navigation and operation of the personal delivery device. (c) Transport hazardous materials as defined in s. 316.003. (4) A person who owns and operates a personal delivery device in this state must maintain an insurance policy, on behalf of himself or herself and his or her agents, which provides general liability coverage of at least $100,000 for damages arising from the combined operations of personal delivery devices under the entity’s or agent’s control. 316.2074 All-terrain vehicles. (1) It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state. (2) As used in this section, the term “all-terrain vehicle” means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on three or more nonhighway tires, and manufactured for recreational use by one or more persons. For the purposes of this section, “all-terrain vehicle” also includes a “two-rider ATV” as defined in s. 317.0003. (3) No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection. (4) If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066. (5) Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency. (6) An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach. (7) An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties. (8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.208 Motorcycles and mopeds. (1) Any person operating a motorcycle or moped shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application. (2) (a) Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations: 1. When overtaking or passing another vehicle proceeding in the same direction. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid any condition, including, but not limited to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard, or substandard-width lane, that makes it unsafe to continue along the right-hand curb or edge. For purposes of this paragraph, a "substandard-width lane" is a lane that is too narrow for a moped and another vehicle to travel safely side by side within the lane. (b) Any person operating a moped upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (3) A person propelling a moped solely by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances, except that such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian. (4) No person shall propel a moped upon and along a sidewalk while the motor is operating. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving Florida Traffic Statutes 279 violation as provided in chapter 318. 316.2085 Riding on motorcycles or mopeds. (1) A person operating a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle or moped, unless such motorcycle or moped is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons or upon another seat firmly attached to the motorcycle or moped at the rear or side of the operator. (2) A person shall ride upon a motorcycle or moped only while sitting astride the seat, with both wheels on the ground at all times, facing forward, and with one leg on each side of the motorcycle or moped. However, it is not a violation of this subsection if the wheels of a motorcycle or moped lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the operator. (3) The license tag of a motorcycle or moped must be permanently affixed to the vehicle and remain clearly visible from the rear at all times. Any deliberate act to conceal or obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a motorcycle or moped may be affixed horizontally to the ground so that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped for which the numbers and letters read from top to bottom may be affixed perpendicularly to the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or moped perpendicularly to the ground, the owner or operator of a motorcycle or moped shall pay any required toll pursuant to s. 316.1001 by whatever means available. (4) No person shall operate a motorcycle or moped while carrying any package, bundle, or other article which prevents the person from keeping both hands on the handlebars. (5) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or moped or the view of the operator. (6) A person under 16 years of age may not: (a) Operate a motorcycle that has a motor with more than 150 cubic centimeters displacement. (b) Rent a motorcycle or a moped. (7) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.209 Operating motorcycles on roadways laned for traffic. (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane. (2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. (4) Motorcycles shall not be operated more than two abreast in a single lane. (5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties. (6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.2095 Footrests, handholds, and handlebars. (1) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger. (2) No person shall operate any motorcycle with handlebars or with handgrips that are higher than the top of the shoulders of the person operating the motorcycle while properly seated upon the motorcycle. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.211 Equipment for motorcycle and moped riders. (1) A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule. (2) A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department. (3) (a) This section does not apply to persons riding within an enclosed cab or to any person Florida Traffic Statutes 280 16 years of age or older who is operating or riding upon a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling such motorcycle at a speed greater than 30 miles per hour on level ground. (b) Notwithstanding subsection (1), a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle. (4) A person under 16 years of age may not operate or ride upon a moped unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. (5) The department shall make available a list of protective headgear approved in this section, and the list shall be provided on request. (6) Each motorcycle registered to a person under 21 years of age must display a license plate that is unique in design and color. (7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.212 Operation of golf carts on certain roadways. The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, a municipal street that has been designated by a municipality, or a two-lane county road located within the jurisdiction of a municipality designated by that municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) Notwithstanding any other provision of this Florida Traffic Statutes 281 section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less. (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield. (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear. (7) A golf cart may not be operated on public roads or streets by any person under the age of 14. (8) A local governmental entity may enact an ordinance relating to: (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver. (b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if: 1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk; 2. The local governmental entity consults with the Department of Transportation before adopting the ordinance; 3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide; 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including horns or other warning devices required by s. 316.271; and 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks. (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance corresponding thereto and enacted pursuant to subsection (8). 316.2122 Operation of a low-speed vehicle or mini truck on certain roadways. The operation of a low-speed vehicle as defined in s. 320.01 or a mini truck as defined in s. 320.01 on any road is authorized with the following restrictions: (1) A low-speed vehicle or mini truck may be operated only on streets where the posted speed limit is 35 miles per hour or less. This does not prohibit a low-speed vehicle or mini truck from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (2) A low-speed vehicle must be equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. (3) A low-speed vehicle or mini truck must be registered and insured in accordance with s. 320.02 and titled pursuant to chapter 319. (4) Any person operating a low-speed vehicle or mini truck must have in his or her possession a valid driver license. (5) A county or municipality may prohibit the operation of low-speed vehicles or mini trucks on any road under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety. (6) The Department of Transportation may prohibit the operation of low-speed vehicles or mini trucks on any road under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. 316.2123 Operation of an ATV on certain roadways. (1) The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets of this state is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed Florida Traffic Statutes 282 limit is less than 35 miles per hour. (2) A county is exempt from this section if the governing body of the county, by majority vote, following a noticed public hearing, votes to exempt the county from this section. Alternatively, a county may, by majority vote after such a hearing, designate certain unpaved roadways where an ATV may be operated during the daytime as long as each such designated roadway has a posted speed limit of less than 35 miles per hour and is appropriately marked to indicate permissible ATV use. (3) Any ATV operation that is permitted under subsection (1) or subsection (2) may be undertaken only by a licensed driver or a minor who is under the direct supervision of a licensed driver. The operator must provide proof of ownership under chapter 317 upon the request of a law enforcement officer. 316.2125 Operation of golf carts within a retirement community. (1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart, equipped and operated as provided in s. 316.212 (5), (6), and (7), within any self-contained retirement community is permitted unless prohibited under subsection (2). (2) (a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety. (b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety. (3) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver. 316.2126 Authorized use of golf carts, low-speed vehicles, and utility vehicles. (1) In addition to the powers granted by ss. 316.212 and 316.2125, municipalities are authorized to use golf carts and utility vehicles, as defined in s. 320.01, upon any state, county, or municipal roads located within the corporate limits of such municipalities, subject to the following conditions: (a) Golf carts and utility vehicles must comply with the operational and safety requirements in ss. 316.212 and 316.2125, and with any more restrictive ordinances enacted by the local governmental entity pursuant to s. 316.212(8), and shall be operated only by municipal employees for municipal purposes, including, but not limited to, police patrol, traffic enforcement, and inspection of public facilities. (b) In addition to the safety equipment required in s. 316.212(6) and any more restrictive safety equipment required by the local governmental entity pursuant to s. 316.212(8), such golf carts and utility vehicles must be equipped with sufficient lighting and turn signal equipment. (c) Golf carts and utility vehicles may be operated only on state roads that have a posted speed limit of 30 miles per hour or less. (d) Golf carts and utility vehicles may cross a portion of the State Highway System which has a posted speed limit of 45 miles per hour or less only at an intersection with an official traffic control device. (e) Golf carts and utility vehicles may operate on sidewalks adjacent to state highways only if such golf carts and utility vehicles yield to pedestrians and if the sidewalks are at least 5 feet wide. (2) State employees, state park volunteers, and state park visitors are authorized to use golf carts and utility vehicles, as defined in s. 320.01, upon any public roads within the boundaries of state parks managed by the Division of Recreation and Parks of the Department of Environmental Protection, subject to the following conditions: (a) Golf carts and utility vehicles must comply with the operational and safety requirements in s. 316.212. (b) Golf carts and utility vehicles shall be operated only by state employees and state park volunteers for state purposes and by state park visitors for uses authorized by the Division of Recreation and Parks of the Department of Environmental Protection. (3) (a) As used in this subsection, the term: 1. “Golf cart” means a motor vehicle as defined in s. 320.01(22), including vehicles modified to have a cargo platform or bin to transport parcels or a hitch to tow a trailer. 2. “Residential area” means areas zoned Florida Traffic Statutes 283 primarily or exclusively for single-family or multifamily residential use. 3. “Seasonal delivery personnel” means employees of a licensed commercial delivery service that has at least 10,000 persons employed in this state. (b) Seasonal delivery personnel may use the following vehicles solely for the purpose of delivering express envelopes and packages having a maximum size of 130 inches for the combined length and girth and weighing not more than 150 pounds from midnight October 15 until midnight January 31 of each year: 1. Low-speed vehicles and utility vehicles as defined in s. 320.01 upon any public road within a residential area that has a posted speed limit of 35 miles per hour or less. 2. Golf carts upon a public road within a residential area that has a posted speed limit of 30 miles per hour or less. 3. Golf carts upon a public road within a residential area that has a posted speed limit of 30 to 35 miles per hour, unless a municipality having jurisdiction over the public road has enacted an ordinance restricting personnel from driving on such roads. Seasonal delivery personnel may pull a trailer from any of these vehicles. (c) All vehicles specified in this subsection must be: 1. Marked in a conspicuous manner with the name of the delivery service. 2. Equipped with, at a minimum, the equipment required under s. 316.212(6). 3. Equipped with head lamps and tail lamps, in addition to the safety requirements in s. 316.212(6), if operated after sunset. (4) Anyone operating a golf cart, low-speed vehicle, or utility vehicle pursuant to this section must possess a valid driver license as required by s. 322.03. 316.21265 Use of all-terrain vehicles, golf carts, low-speed vehicles, or utility vehicles by law enforcement agencies. (1) Notwithstanding any provision of law to the contrary, any law enforcement agency in this state may operate all-terrain vehicles as defined in s. 316.2074, golf carts as defined in s. 320.01, low-speed vehicles as defined in s. 320.01, or utility vehicles as defined in s. 320.01 on any street, road, or highway in this state while carrying out its official duties. (2) Such vehicles must be clearly marked as vehicles of a law enforcement agency and may be equipped with special warning lights, signaling devices, or other equipment approved or authorized for use on law enforcement vehicles. (3) The vehicle operator and passengers must wear safety gear, such as helmets, which is ordinarily required for use by operators or passengers on such vehicles. 316.2128 Operation of motorized scooters and miniature motorcycles; requirements for sales. (1) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of motorized scooters or miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads, may not be registered as motor vehicles, and may not be operated on sidewalks unless authorized by an ordinance enacted pursuant to s. 316.008(7) or s. 316.212(8). The required notice must also appear in all forms of advertising offering motorized scooters or miniature motorcycles for sale. The notice and a copy of this section must also be provided to a consumer prior to the consumer’s purchasing or becoming obligated to purchase a motorized scooter or a miniature motorcycle. (2) Any person selling or offering a motorized scooter or a miniature motorcycle for sale in violation of this section commits an unfair and deceptive trade practice as defined in part II of chapter 501. 316.215 Scope and effect of regulations. (1) It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden, or fail to perform any act required, under this chapter. (2) Nothing contained in this chapter shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter. (3) The provisions of this chapter with respect to equipment required on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable. Florida Traffic Statutes 284 (4) The provisions of this chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles, except as herein made applicable. (5) The provisions of this chapter and 49 C.F.R. part 393, with respect to number, visibility, distribution of light, and mounting height requirements for headlamps, auxiliary lamps, and turn signals shall not apply to a front-end loading collection vehicle, when: (a) The front-end loading mechanism and container or containers are in the lowered position; (b) The vehicle is engaged in collecting solid waste or recyclable or recovered materials; and (c) The vehicle is being operated at speeds less than 20 miles per hour with the vehicular hazard-warning lights activated. (6) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.217 When lighted lamps are required. (1) Every vehicle operated upon a highway within this state shall display lighted lamps and illuminating devices as herein respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, under the following conditions; (a) At any time from sunset to sunrise including the twilight hours. Twilight hours shall mean the time between sunset and full night or between full night and sunrise. (b) During any rain, smoke, or fog. (c) Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for use of such devices. (2) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible, said provisions shall apply during the times stated in subsection (1) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated. (3) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load. (4) Law enforcement vehicles may be operated without the display of lighted lamps required by this chapter under the following conditions: (a) Operation without the display of lighted lamps is necessary to the performance of a law enforcement officer's duties. (b) The law enforcement agency has a written policy authorizing and providing guidelines for vehicle operation without the display of lighted lamps. (c) The law enforcement vehicle is operated in compliance with agency policy. (d) The operation without the display of lighted lamps may be safely accomplished. The provisions of this subsection shall not relieve the operator of such a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the vehicle operator from the consequences of his or her reckless disregard for the safety of others. (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.220 Headlamps on motor vehicles. (1) Every motor vehicle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this chapter, and shall show a white light. An object, material, or covering that alters the headlamp's light color may not be placed, displayed, installed, affixed, or applied over a headlamp. (2) Every headlamp upon every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.221 Taillamps. (1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a distance of 1,000 feet to the rear, except that passenger cars and pickup trucks manufactured or assembled prior to January 1, 1972, which were originally equipped with only one taillamp shall have at least one taillamp. On a combination of vehicles, only the taillamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one taillamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. Florida Traffic Statutes 285 An object, material, or covering that alters the taillamp's visibility from 1,000 feet may not be placed, displayed, installed, affixed, or applied over a taillamp. (2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. Dump trucks and vehicles having dump bodies are exempt from the requirements of this subsection. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.222 Stop lamps and turn signals. (1) Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps meeting the requirements of s. 316.234(1). Motor vehicles, trailers, semitrailers and pole trailers manufactured or assembled prior to January 1, 1972, shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified in s. 316.234(1). (2) Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with electric turn signal lamps meeting the requirements of s. 316.234(2). (3) Passenger cars and trucks less than 80 inches in width, manufactured or assembled prior to January 1, 1972, need not be equipped with electric turn signal lamps. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2225 Additional equipment required on certain vehicles. In addition to other equipment required in this chapter, the following vehicles shall be equipped as herein stated under the conditions stated in s. 316.217. (1) On every bus or truck, whatever its size, there shall be the following: On the rear, two reflectors, one at each side, and one stop light. (2) On every bus or truck 80 inches or more in overall width, in addition to the requirements in subsection (1): (a) On the front, two clearance lamps, one at each side. (b) On the rear, two clearance lamps, one at each side. (c) On each side, two side marker lamps, one at or near the front and one at or near the rear. (d) On each side, two reflectors, one at or near the front and one at or near the rear. (3) On every truck tractor: (a) On the front, two clearance lamps, one at each side. (b) On the rear, one stop light. (4) On every trailer or semitrailer having a gross weight in excess of 3,000 pounds: (a) On the front, two clearance lamps, one at each side. (b) On each side, two side marker lamps, one at or near the front and one at or near the rear. (c) On each side, two reflectors, one at or near the front and one at or near the rear. (d) On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stop light. (5) On every pole trailer in excess of 3,000 pounds gross weight: (a) On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear. (b) On the rear of the pole trailer or load, two reflectors, one at each side. (6) On every trailer, semitrailer, and pole trailer weighing 3,000 pounds gross, or less: On the rear, two reflectors, one on each side. If any trailer or semitrailer is so loaded, or is of such dimensions as to obscure the stop light on the towing vehicle, then such vehicle shall also be equipped with one stop light. (7) On every slow-moving vehicle or equipment, animal-drawn vehicle, or other machinery designed for use and speeds less than 25 miles per hour, including all road construction and maintenance machinery except when engaged in actual construction or maintenance work either guarded by a flagger or a clearly visible warning sign, which normally travels or is normally used at a speed of less than 25 miles per hour and which is operated on a public highway: (a) A triangular slow-moving vehicle emblem SMV as described in, and displayed as provided in paragraph (b). The requirement of the emblem shall be in addition to any other equipment required by law. The emblem shall not be displayed on objects which are customarily stationary in use except while being transported on the roadway of any public highway of this state. (b) The Department of Highway Safety and Motor Vehicles shall adopt such rules and Florida Traffic Statutes 286 regulations as are required to carry out the purpose of this section. The requirements of such rules and regulations shall incorporate the current specifications for SMV emblems of the American Society of Agricultural Engineers. (8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.224 Color of clearance lamps, identification lamps, side marker lamps, backup lamps, reflectors, and deceleration lights. (1) Front clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. (2) Rear clearance lamps, identification lamps, and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. (3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber. Deceleration lights as authorized by s. 316.235(5) shall display an amber color. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.225 Mounting of reflectors, clearance lamps and side marker lamps. (1) Reflectors, when required by s. 316.2225, shall be mounted at a height not less than 24 inches and not more than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 24 inches, the reflector at such point shall be mounted as high as that part of the permanent structure will permit. (a) The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. (b) Any required red reflector on the rear of a vehicle may be incorporated with the taillamp, but such reflector shall meet all the other reflector requirements of this chapter. (2) Clearance lamps shall, so far as is practicable, be mounted on the permanent structure of the vehicle in such a manner as to indicate the extreme height and width of the vehicle. When rear identification lamps are required and are mounted as high as is practicable, rear clearance lamps may be mounted at optional height, and when the mounting of front clearance lamps results in such lamps failing to indicate the extreme width of the trailer, such lamps may be mounted at optional height but must indicate, as nearly as practicable, the extreme width of the trailer. Clearance lamps on truck tractors shall be located so as to indicate the extreme width of the truck tractor cab. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.226 Visibility requirements for reflectors, clearance lamps, identification lamps and marker lamps. (1) Every reflector upon any vehicle referred to in s. 316.2225 shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful lower beams of headlamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1972, shall be measured in front of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides and those mounted on the rear shall reflect a red color to the rear. (2) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between 550 feet from the front and rear, respectively, of the vehicle. (3) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between 550 feet from the side of the vehicle on which mounted. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.227 Obstructed lights not required. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except Florida Traffic Statutes 287 taillamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. 316.228Lamps or flags on projecting load. (1) Except as provided in subsection (2), whenever the load upon any vehicle extends to the rear 4 feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in s. 316.217, two red lamps visible from a distance of at least 500 feet to the rear, two red reflectors visible at night from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps and located so as to indicate maximum width, and on each side one red lamp visible from a distance of at least 500 feet to the side and located so as to indicate maximum overhang. There shall be displayed at all other times on any vehicle having a load which extends beyond its sides or more than 4 feet beyond its rear, red flags, not less than 18 inches square, marking the extremities of such load, at each point where a lamp would otherwise be required by this section. A violation of this section is a noncriminal traffic infraction punishable as a nonmoving violation as provided in chapter 318. (2) Any commercial motor vehicle or trailer transporting a load of unprocessed logs or pulpwood, which load extends more than 4 feet beyond the rear of the body or bed of such vehicle, must have securely fixed as close as practical to the end of any such projection one amber strobe-type lamp equipped with a multidirectional type lens so mounted as to be visible from the rear and both sides of the projecting load. If the mounting of one strobe lamp cannot be accomplished so that it is visible from the rear and both sides of the projecting load, multiple strobe lights must be used to meet the visibility requirements of this subsection. The strobe lamp must flash at a rate of at least 60 flashes per minute and must be plainly visible from a distance of at least 500 feet to the rear and sides of the projecting load at any time of the day or night. The lamp must be operating at any time of the day or night when the vehicle is operated on any highway or parked on the shoulder or immediately adjacent to the traveled portion of any public roadway. The projecting load must also be marked with a red flag as described in subsection (1). 316.229 Lamps on parked vehicles. (1) Every vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of 1,000 feet to the front of the vehicle and a red light visible from a distance of 1,000 feet to the rear of the vehicle. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. (2) Whenever a vehicle is lawfully parked upon a street or highway during the hours between sunset and sunrise and in the event there is sufficient light to reveal persons and vehicles within a distance of 1,000 feet upon such street or highway, no lights need be displayed upon such parked vehicle. (3) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto outside of a municipality, whether attended or unattended, during the hours between sunset and sunrise and there is insufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, the vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (1). (4) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2295 Lamps, reflectors and emblems on farm tractors, farm equipment and implements of husbandry. (1) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1972, shall be equipped with vehicular hazard-warning lights visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway. (2) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1972, shall at all times, and every other such motor vehicle shall at all times mentioned in s. 316.217, be equipped with Florida Traffic Statutes 288 lamps and reflectors as follows: (a) At least two headlamps meeting the requirements of ss. 316.237 and 316.239. (b) At least one red lamp visible when lighted from a distance of not less than 1,000 feet to the rear mounted as far to the left of the center of the vehicle as practicable. (c) At least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps. (3) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall at all times mentioned in s. 316.217 be equipped with lamps and reflectors as follows: (a) The farm tractor shall be equipped as required in subsections (1) and (2). (b) If the towed unit or its load extends more than 4 feet to the rear of the tractor or obscures any light thereon, the unit shall be equipped on the rear with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps. (c) If the towed unit of such combination extends more than 4 feet to the left of the centerline of the tractor, the unit shall be equipped on the front with an amber reflector visible from all distances within 600 feet to 100 feet to the front when directly in front of lawful lower beams of headlamps. This reflector shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the towed unit. (4) The two red reflectors required in the foregoing subsections shall be so positioned as to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination carrying them. If all other requirements are met, reflective tape or paint may be used in lieu of the reflectors required by subsection (3). (5) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of 25 miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear except as provided in subsection (6). (6) Every combination of farm tractor and towed farm equipment or towed implement of husbandry normally operating at speeds not in excess of 25 miles per hour shall at all times be equipped with a slow moving vehicle emblem as follows: (a) When the towed unit or any load thereon obscures the slow moving vehicle emblem on the farm tractor, the towed unit shall be equipped with a slow moving vehicle emblem. In such cases, the towing vehicle need not display the emblem. (b) When the slow moving vehicle emblem on the farm tractor unit is not obscured by the towed unit or its load, then either or both may be equipped with the required emblem, but it shall be sufficient if either has it. (c) The emblem required by subsections (5) and (6) shall comply with current standards and specifications of the American Society of Agricultural Engineers approved by the department. (7) Except during the periods of time stated in s. 316.217(1), an agricultural product trailer which is less than 10 feet in length and narrower than the hauling vehicle is not required to have taillamps, stop lamps, and turn signals and may use the hauling vehicle's lighting apparatus to meet the requirements of ss. 316.221 and 316.222. However, the load of the agricultural product trailer must be contained within the trailer and must not in any way obstruct the hauling vehicle's lighting apparatus. (8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.231 Lamps on other vehicles and equipment. Every vehicle, including animal-drawn vehicles and vehicles referred to in s. 316.215(3), not specifically required by the provisions of this section to be equipped with lamps or other lighting devices shall at all times specified in s. 316.217 be equipped with at least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of said vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of the vehicle, or, as an alternative, one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the rear when illuminated by the lawful lower beams of headlamps. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.233 Spot lamps and auxiliary lamps. (1) SPOT LAMPS. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of Florida Traffic Statutes 289 another vehicle in use. (2) FOG LAMPS. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as specified in s. 316.237(1)(b). (3) AUXILIARY PASSING LAMPS. Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of s. 316.237 shall apply to any combination of headlamps and auxiliary passing lamps. (4) AUXILIARY DRIVING LAMPS. Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of s. 316.237 shall apply to any combination of headlamps and auxiliary driving lamps. (5) VIOLATIONS. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.234 Signal lamps and signal devices. (1) Any vehicle may be equipped and, when required under this chapter, shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be actuated upon application of the service (foot) brake, and which may but need not be incorporated with one or more other rear lamps. An object, material, or covering that alters the stop lamp's visibility from 300 feet to the rear in normal sunlight may not be placed, displayed, installed, affixed, or applied over a stop lamp. (2) Any vehicle may be equipped and, when required under s. 316.222(2), shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light. Turn signal lamps on vehicles 80 inches or more in overall width shall be visible from a distance of not less than 500 feet to the front and rear in normal sunlight, and an object, material, or covering that alters the lamp's visibility from a distance of 500 feet to the front or rear in normal sunlight may not be placed, displayed, installed, affixed, or applied over a turn signal lamp. Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than 300 feet to the front and rear in normal sunlight, and an object, material, or covering that alters the lamp's visibility from a distance of 300 feet to the front or rear in normal sunlight may not be placed, displayed, installed, affixed, or applied over a turn signal lamp. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.235 Additional lighting equipment. (1) Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. (2) Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or amber light without glare. (3) Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps, but any such backup lamp or lamps shall not be lighted when the motor vehicle is in forward motion. (4) Any vehicle 80 inches or more in overall width, if not otherwise required by s. 316.2225, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in this chapter. (5) A bus may be equipped with a deceleration lighting system that cautions following vehicles that the bus is slowing, is preparing to stop, or is stopped. Such lighting Florida Traffic Statutes 290 system shall consist of red or amber lights mounted in horizontal alignment on the rear of the vehicle at the vertical centerline of the vehicle, no greater than 12 inches apart, not higher than the lower edge of the rear window or, if the vehicle has no rear window, not higher than 100 inches from the ground. Such lights shall be visible from a distance of not less than 300 feet to the rear in normal sunlight. Lights are permitted to light and flash during deceleration, braking, or standing and idling of the bus. Vehicular hazard warning flashers may be used in conjunction with or in lieu of a rear-mounted deceleration lighting system. (6) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.237 Multiple-beam road-lighting equipment. (1) Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: (a) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 450 feet ahead for all conditions of loading. (b) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver. An object, material, or covering that alters the headlamp's visibility from at least 450 feet for an uppermost distribution of light or at least 150 feet for a lowermost distribution of light may not be placed, displayed, installed, affixed, or applied over a headlamp. (2) Every new motor vehicle registered in this state shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.238 Use of multiple-beam road-lighting equipment. (1) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in s. 316.217, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: (a) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall be deemed to avoid glare at all times, regardless of road contour and loading. (b) Whenever the driver of a vehicle approaches another vehicle from the rear within 300 feet, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in ss. 316.237(1)(a) and 316.430(2)(a). (2) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.2385 Requirements for use of lower beam. The lower or passing beam shall be used at all times during the twilight hours in the morning and the twilight hours in the evening, and during fog, smoke and rain. Twilight shall mean the time between sunset and full night or between full night and sunrise. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.239 Single-beam road-lighting equipment. (1) Headlamp systems which provide only a single distribution of light shall be permitted on all farm tractors regardless of date of manufacture, and on other motor vehicles manufactured and sold prior to January 1, 1972, in lieu of multiple-beam road-lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations: Florida Traffic Statutes 291 (a) The headlamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall, at a distance of 25 feet ahead, project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle stands at a distance of 75 feet ahead. (b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet. (2) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2395 Motor vehicles; minimum headlamp requirement. Any motor vehicle may be operated at nighttime under the conditions specified in ss. 316.237 and 316.239, when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects 100 feet ahead in lieu of lamps required in ss. 316.237 and 316.239. However, at no time when lighted lamps are required shall such motor vehicle be operated in excess of 20 miles per hour. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2396 Number of driving lamps required or permitted. (1) At all times specified in s. 316.217, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. (2) Whenever a motor vehicle equipped with headlamps, as herein required, is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of 4 of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2397 Certain lights prohibited; exceptions. (1) No person shall drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a red or blue light visible from directly in front thereof except for certain vehicles hereinafter provided. (2) It is expressly prohibited for any vehicle or equipment, except police vehicles, to show or display blue lights. However, vehicles owned, operated, or leased by the Department of Corrections or any county correctional agency may show or display blue lights when responding to emergencies. (3) Vehicles of the fire department and fire patrol, including vehicles of volunteer firefighters as permitted under s. 316.2398, vehicles of medical staff physicians or technicians of medical facilities licensed by the state as authorized under s. 316.2398, ambulances as authorized under this chapter, and buses and taxicabs as authorized under s. 316.2399 may show or display red lights. Vehicles of the fire department, fire patrol, police vehicles, and such ambulances and emergency vehicles of municipal and county departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Transportation, the Department of Agriculture and Consumer Services, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated city or any sheriff of any county may operate emergency lights and sirens in an emergency. Wreckers, mosquito control fog and spray vehicles, and emergency vehicles of governmental departments or public service corporations may show or display amber lights when in actual operation or when a hazard exists provided they are not used going to and from the scene of operation or hazard without specific authorization of a law enforcement officer or law enforcement agency. Wreckers must use amber rotating or flashing lights while performing recoveries and loading on the roadside day or night, and may use such lights while towing a vehicle on wheel lifts, slings, or under reach if the operator of the wrecker deems such lights necessary. A flatbed, car carrier, or rollback may not use amber rotating or flashing lights when hauling a vehicle on the bed unless it creates a hazard to other motorists because of protruding objects. Further, escort vehicles may show or display amber lights when in the actual process of escorting overdimensioned equipment, material, or buildings as authorized by law. Vehicles owned or leased by private security agencies may show or display green and amber lights, with either Florida Traffic Statutes 292 color being no greater than 50 percent of the lights displayed, while the security personnel are engaged in security duties on private or public property. (4) Road or street maintenance equipment, road or street maintenance vehicles, road service vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or display amber lights when in operation or a hazard exists. A commercial motor vehicle or trailer designed to transport unprocessed logs or pulpwood may show or display an amber light affixed to the rearmost point of the vehicle or trailer. (5) Road maintenance and construction equipment and vehicles may display flashing white lights or flashing white strobe lights when in operation and where a hazard exists. Additionally, school buses and vehicles that are used to transport farm workers may display flashing white strobe lights. (6) All lighting equipment heretofore referred to shall meet all requirements as set forth in s. 316.241. (7) Flashing lights are prohibited on vehicles except: (a) As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is lawfully stopped or disabled upon the highway; (b) When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle notwithstanding the motorist’s intent for doing so; and (c) For the lamps authorized under subsections (1), (2), (3), (4), and (9), s. 316.2065, or s. 316.235(5) which may flash. (8) Subsections (1) and (7) do not apply to police, fire, or authorized emergency vehicles while in the performance of their necessary duties. (9) Flashing red lights may be used by emergency response vehicles of the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, and the Department of Health when responding to an emergency in the line of duty. (10) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2398 Display or use of red warning signals; motor vehicles of volunteer firefighters or medical staff. (1) A privately owned vehicle belonging to an active firefighter member of a regularly organized volunteer firefighting company or association, while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency or while en route to the scene of a fire or other emergency in the line of duty as an active firefighter member of a regularly organized firefighting company or association, or a privately owned vehicle belonging to a medical staff physician or technician of a medical facility licensed by the state, while responding to an emergency in the line of duty, may display or use red warning signals visible from the front and from the rear of such vehicle, subject to the following restrictions and conditions: (a) No more than two red warning signals may be displayed. (b) No inscription of any kind may appear across the face of the lens of the red warning signal. (c) In order for an active volunteer firefighter to display such red warning signals on his or her vehicle, the volunteer firefighter must first secure a written permit from the chief executive officers of the firefighting organization to use the red warning signals, and this permit must be carried by the volunteer firefighter at all times while the red warning signals are displayed. (2) It is unlawful for any person who is not an active firefighter member of a regularly organized volunteer firefighting company or association or a physician or technician of the medical staff of a medical facility licensed by the state to display on any motor vehicle owned by him or her, at any time, any red warning signals as described in subsection (1). (3) It is unlawful for an active volunteer firefighter to operate any red warning signals as authorized in subsection (1), except while en route to the fire station for the purpose of proceeding to the scene of a fire or other emergency, or while at or en route to the scene of a fire or other emergency, in the line of duty. (4) It is unlawful for a physician or technician of the medical staff of a medical facility to operate any red warning signals as authorized in subsection (1), except when responding to an emergency in the line of duty. (5) A violation of this section is a nonmoving violation, punishable as provided in chapter 318. In addition, any volunteer firefighter shall be dismissed from membership in the firefighting organization by the chief executive officers thereof. 316.2399 Special warning lights for buses or taxicabs. The provisions of s. 316.2397(7) to the contrary notwithstanding, a bus or Florida Traffic Statutes 293 taxicab may be equipped with two flashing devices for the purpose of warning the operators of other vehicles and law enforcement agents that an emergency situation exists within the bus or taxicab. Such devices shall be capable of activation by the operator of the bus or taxicab and shall be of a type approved by the Department of Highway Safety and Motor Vehicles. Such devices shall be mounted one at the front and one at the rear of the bus or taxicab and shall display flashing red lights which shine on the roadway under the vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.240 Standards for lights on highway maintenance and service equipment. (1) The Department of Transportation shall adopt standards and specifications applicable to headlamps, clearance lamps, and identification and other lamps on highway maintenance and service equipment when operated on state roads and county road system of this state in lieu of the lamps otherwise required on motor vehicles by this chapter. Such standards and specifications may permit the use of flashing lights for purposes of identification on highway maintenance and service equipment when in service upon the highways. The standards and specifications for lamps referred to in this section shall correlate with, and as far as possible conform with, those approved by the American Association of State Highway Officials. (2) It is unlawful to operate any highway maintenance and service equipment on any highway as described heretofore unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this section. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.241 Selling or using lamps or equipment. (1) No person shall have for sale, sell or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer or use upon any such vehicle any headlamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required hereunder, or parts of any of the foregoing, which tend to change the original design or performance, unless of a type which has been submitted to the department and approved. The foregoing provisions of this section shall not apply to equipment in actual use when this section is adopted or replacement parts therefor. (2) No person shall have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, semitrailer, or pole trailer any lamp or device mentioned in this section which has been approved by the department unless such lamp or device bears thereon the trademark or name under which it is approved so as to be legible when installed. (3) No person shall use upon any motor vehicle, trailer, semitrailer, or pole trailer any lamps mentioned in this section unless said lamps are mounted, adjusted, and aimed in accordance with instructions of the department. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.242 Revocation of certificate of approval on lighting devices. (1) When the department has reason to believe that an approved lighting device as being sold commercially does not comply with the requirements of this chapter, it may, after giving 30 days' previous notice to the person holding the certificate of approval for such device in this state, conduct a hearing upon the question of compliance of the approved device. After the hearing the department shall determine whether the approved device meets the requirements of this chapter. If the device does not meet the requirements of this chapter it shall give notice to the person holding the certificate of approval for such device in this state. (2) If at the expiration of 90 days after such notice the person holding the certificate of approval for the device has failed to satisfy the department that the approved device as thereafter to be sold meets the requirements of this chapter, the department shall suspend or revoke the approval issued therefor until or unless such device is resubmitted to and retested by an authorized testing agency and is found to meet the requirements of this chapter, and may require that all said devices sold since the notification following the hearing be replaced with devices that do comply with the requirements of this chapter. The department may at the time of the retest purchase in the open market and submit to the testing agency one or more sets of such approved devices, and if the device upon Florida Traffic Statutes 294 retest fails to meet the requirements of this chapter, the department may refuse to renew the certificate of approval of such device. 316.251 Maximum bumper heights. (1) Every motor vehicle of net shipping weight of not more than 5,000 pounds shall be equipped with a front and a rear bumper such that when measured from the ground to the bottom of the bumper the maximum height shall be as follows: NET WEIGHT FRONT REAR Automobiles for private use: Net weight of less than 2,500 pounds . . . . . . . 22" 22" Net weight of 2,500 pounds or more, but less than 3,500 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24" 26" Net weight of 3,500 pounds or more . . . . . . . . 27" 29" Trucks: Net weight of less than 2,000 pounds . . . . . . 24" 26" Net weight of 2,000 or more, but not more than 3,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27" 29" Net weight of 3,000 pounds, but not more than 5,000 pounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28" 30" (2) "New motor vehicles" as defined in s. 319.001(9), "antique automobiles" as defined in s. 320.08, "horseless carriages" as defined in s. 320.086, and "street rods" as defined in s. 320.0863 shall be excluded from the requirements of this section. (3) A violation of this section shall be defined as a moving violation. A person charged with a violation of this section is subject to the penalty provided in s. 318.18. 316.252 Splash and spray suppressant devices. (1) No person shall drive or operate, or cause to be driven or operated, any truck of gross vehicle weight of 26,000 pounds or more, any truck tractor, or any trailer or semitrailer the net weight of which is 2,000 pounds or more unless such vehicle is equipped with fenders, covers, or other splash and spray suppressant devices, such as substantial flexible flaps on the rearmost wheels of such vehicle or combination of vehicles, which will effectively prevent or minimize the splash or spray of water or mud and the throwing of other materials on the windshields of following vehicles. The provisions of this section shall not apply to vehicles used exclusively for the purpose of producing, processing, or transporting agricultural products, including horticultural products or forestry products. (2) The Department of Transportation shall adopt rules necessary for the implementation of this section. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.253 Vehicles used to sell ice cream and other confections; display of warnings required. Any person who sells ice cream or other frozen confections at retail from a motor vehicle shall display on each side of such motor vehicle, in letters at least 3 inches high, a warning containing the words "look out for children" or "caution: children" or such similar words as are approved by the department. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.261 Brake equipment required. Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicles, operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter. (1) SERVICE BRAKES; ADEQUACY. Every such vehicle and combination of vehicles, except special mobile equipment not designed to carry persons, shall be equipped with service brakes adequate to control the movement of and to stop and hold such vehicle under all conditions of loading, and on any grade incident to its operation. (2) PARKING BRAKES; ADEQUACY. Every such vehicle and combination of vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free of loose material. The parking brakes shall be capable of being applied in conformance with the foregoing requirements by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe anchors, and mechanical brakeshoe actuation mechanism normally associated with the wheel-brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without Florida Traffic Statutes 295 operative brakes. (3) BRAKES ON ALL WHEELS. Every vehicle shall be equipped with brakes acting on all wheels except: (a) Trailers, semitrailers, or pole trailers of a gross weight not exceeding 3,000 pounds, provided that: 1. The total weight on and including the wheels of the trailer or trailers shall not exceed 40 percent of the gross weight of the towing vehicle when connected to the trailer or trailers; and 2. The combination of vehicles, consisting of the towing vehicle and its total towed load, is capable of complying with the performance requirements of s. 316.262. (b) Pole trailers with a gross weight in excess of 3,000 pounds manufactured prior to January 1, 1972, need not be equipped with brakes. (c) Any vehicle being towed in driveaway or towaway operations, provided the combination of vehicles is capable of complying with the performance requirements of s. 316.262. (d) Trucks and truck tractors having three or more axles need not have brakes on the front wheels, except that when such vehicles are equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors must be capable of complying with the performance requirements of s. 316.262. (e) Special mobile equipment not designed to carry persons. (f) "Antique cars" as defined in s. 320.08, and "horseless carriages" as defined in s. 320.086. (g) Four-wheeled motorized golf carts operated by municipal or county law enforcement officers on official business. (4)AUTOMATIC TRAILER BRAKE APPLICATION UPON BREAKAWAY. Every trailer, semitrailer, and pole trailer with air or vacuum-actuated brakes, every trailer and semitrailer with a gross weight in excess of 3,000 pounds, and every pole trailer with a gross weight in excess of 3,000 pounds manufactured or assembled after January 1, 1972, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least 15 minutes, upon breakaway from the towing vehicle. (5) TRACTOR BRAKES PROTECTED. Every motor vehicle manufactured or assembled after January 1, 1972, and used to tow a trailer, semitrailer, or pole trailer equipped with brakes, shall be equipped with means for providing that in case of breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by the use of its service brakes. (6)TRAILER AIR RESERVOIRS SAFEGUARDED. Air brake systems installed on trailers manufactured or assembled after January 1, 1972, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. (7) TWO MEANS OF EMERGENCY BRAKE OPERATION. (a) Every towing vehicle, when used to tow another vehicle equipped with air-controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which shall not be lower than 20 pounds per square inch nor higher than 45 pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. (b) Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single-control device required by subsection (8), a second-control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system is so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. (8) SINGLE CONTROL TO OPERATE ALL BRAKES. Every motor vehicle, trailer, semitrailer and pole trailer, and every combination of such vehicles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. This Florida Traffic Statutes 296 requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle. (9) RESERVOIR CAPACITY AND CHECK VALVE. (a) Air brakes. Every bus, truck or truck tractor with air-operated brakes shall be equipped with at least one reservoir sufficient to ensure that, when fully charged to the maximum pressure as regulated by the air compressor governor cutout setting, a full service-brake application may be made without lowering such reservoir pressure by more than 20 percent. Each reservoir shall be provided with means for readily draining accumulated oil or water. (b) Vacuum brakes. Every truck with three or more axles equipped with vacuum assistor-type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service-brake application may be made without depleting the vacuum supply by more than 40 percent. (c) Reservoir safeguarded. All motor vehicles, trailers, semitrailers, and pole trailers, when equipped with air or vacuum reservoirs or reserve capacity as required by this section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or equivalent device that in the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or failure. (10) WARNING DEVICES. (a) Air brakes. Every bus, truck or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below 50 percent of the air compressor governor cutout pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. (b) Vacuum brakes. Every truck tractor and truck used for towing a vehicle equipped with vacuum operated brakes and every truck with three or more axles using vacuum in the operation of its brakes, except those in driveaway or towaway operations, shall be equipped with a warning signal, other than a gauge indicating vacuum, readily audible or visible to the driver, which will operate at any time the vacuum in the vehicle's supply reservoir or reserve capacity is less than 8 inches of mercury. (c) Combination of warning devices. When a vehicle required to be equipped with a warning device is equipped with both air and vacuum power for the operation of its own brakes or the brakes on a towed vehicle, the warning devices may be, but are not required to be, combined into a single device which will serve both purposes. A gauge or gauges indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying this requirement. (11) VIOLATIONS. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.263 Maintenance of brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.267 Brakes on electric-powered vehicles. When operated on the public streets and roads, every electric-powered vehicle with a rating of 3 to 6 horsepower shall be equipped with hydraulic brakes on the two rear wheels and at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (1) Developing a braking force that is not less than 43.5 percent of its gross weight. (2) Decelerating to a stop from not more than 20 miles per hour at not less than 17 feet per second. (3) Stopping from a speed of 20 miles per hour in not more than 25 feet, such distance to be measured from the point at which movement of the service brake pedal or control begins. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.271 Horns and warning devices. (1) Every motor vehicle when operated upon Florida Traffic Statutes 297 a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet. (2) No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. (3) The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his or her horn, but shall not otherwise use such horn when upon a highway. (4) No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section. (5) It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. (6) Every authorized emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet and of a type approved by the department, but such siren, whistle, or bell shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle shall sound the siren, whistle, or bell when reasonably necessary to warn pedestrians and other drivers of the approach thereof. (7) Notwithstanding the other provisions of this section, a trolley may be equipped with a bell, and the bell is not required to be used only as a warning device. As used in this subsection, the term "trolley" includes any bus which resembles a streetcar, which is powered by overhead electric wires or is self-propelled, and which is used primarily as a public conveyance. (8) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.272 Exhaust systems, prevention of noise. (1) Every motor vehicle shall at all times be equipped with an exhaust system in good working order and in constant operation, including muffler, manifold pipe, and tailpiping to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at a level which exceeds a maximum decibel level to be established by regulation of the Department of Environmental Protection as provided in s. 403.061(11) in cooperation with the Department of Highway Safety and Motor Vehicles. No person shall use a muffler cutout, bypass or similar device upon a vehicle on a highway. (2) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.293 Motor vehicle noise. (1) DEFINITIONS. The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires: (a) "dB A" means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel. (b) "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle. (c) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle. (d) "Sound level" means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only A-weighting and fast dynamic response need be provided. (e) "Department" means the Department of Highway Safety and Motor Vehicles. (2) OPERATING NOISE LIMITS. No person shall operate or be permitted to operate a vehicle at any time or under any condition of roadway grade, load, acceleration, or deceleration in such a manner as to generate a sound level in excess of the following limit for the category of motor vehicle and applicable speed limit at a distance of 50 feet from the center of the lane of travel under measurement procedures established under subsection (3). (a) For motorcycles other than motor-driven cycles: Sound level limit Speed limit Speed limit 35 mph or less Speed limit over 35 mph 78 dB A 82 dB A (b) For any motor vehicle with a GVWR or GCWR of 10,000 pounds or more: Sound level limit Florida Traffic Statutes 298 Speed limit Speed limit 35 mph or less Speed limit over 35 mph 86 dB A 90 dB A (c) For motor-driven cycles and any other motor vehicle not included in paragraph (a) or paragraph (b): Sound level limit Speed limit Speed limit 35 mph or less Speed limit over 35 mph 72 dB A 79 dB A (3) MEASUREMENT PROCEDURES. The measurement procedures for determining compliance with this section shall be established by regulation of the Department of Environmental Protection as provided in s. 403.415(9), in cooperation with the department. Such regulations shall include the selection of measurement sites and measurement procedures and shall take into consideration accepted scientific and professional methods for the measurement of vehicular sound levels. The measurement procedures may include adjustment factors to be applied to the noise limit for measurement distances of other than 50 feet from the center of the lane of travel. (4) APPLICABILITY. This section applies to the total noise from a vehicle and shall not be construed as limiting or precluding the enforcement of any other provisions of this chapter relating to motor vehicle mufflers for noise control. (5) NOISE ABATEMENT EQUIPMENT MODIFICATIONS. (a) No person shall modify the exhaust system of a motor vehicle or any other noise-abatement device of a motor vehicle operated or to be operated upon the highways of this state in such a manner that the noise emitted by the motor vehicle is above that emitted by the vehicle as originally manufactured. (b) No person shall operate a motor vehicle upon the highways of the state with an exhaust system or noise-abatement device so modified. (6) EXEMPT VEHICLES. The following are exempt from the operation of this act: (a) Emergency vehicles operating as specified in s. 316.072(5)(a). (b) Any motor vehicle engaged in a professional or amateur sanctioned, competitive sports event for which admission or entry fee is charged, or practice or time trials for such event. (c) Any motor vehicle engaged in a manufacturer's engineering, design, or equipment test. (d) Construction or agricultural equipment either on a job site or traveling on the highways. (7) VIOLATIONS. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2935 Air pollution control equipment; tampering prohibited; penalty. (1) (a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to subsection (7). Tampering is defined as the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle. All motor vehicles sold, reassigned, or traded to a licensed motor vehicle dealer are exempt from this paragraph. (b) At the time of sale, lease, or transfer of title of a motor vehicle, the seller, lessor, or transferor shall certify in writing to the purchaser, lessee, or transferee that the air pollution control equipment of the motor vehicle has not been tampered with by the seller, lessor, or transferor or their agents, employees, or other representatives. A licensed motor vehicle dealer shall also visually observe those air pollution control devices listed by department rule pursuant to subsection (7), and certify that they are in place, and appear properly connected and undamaged. Such certification shall not be deemed or construed as a warranty that the pollution control devices of the subject vehicle are in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction. (c) All motor vehicles sold, reassigned, or traded by a licensed motor vehicle dealer to a licensed motor vehicle dealer, all new motor vehicles subject to certification under s. 207, Clean Air Act, 42 U.S.C. s. 7541, and all lease agreements for 30 days or less are exempt from this subsection. Also exempt from this subsection are sales of motor vehicles for salvage purposes only. (2) No person shall operate any gasoline-powered motor vehicle, except a motorcycle, moped, scooter, or an imported nonconforming motor vehicle which has Florida Traffic Statutes 299 received a one-time exemption from federal emission control requirements under 40 C.F.R. 85, subpart P, on the public roads and streets of this state which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, and no person shall operate on the public roads or streets of this state any motor vehicle that has been tampered with in violation of this section, as determined pursuant to subsection (7). (3) No person shall operate on the public roads or streets of this state any diesel-powered motor vehicle which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, except during engine acceleration, engine lugging, or engine deceleration. (4) This section shall be enforced by the Department of Environmental Protection and any law enforcement officer of this state as defined in s. 112.531. (5) Any person who knowingly and willfully violates subsection (1) shall be punished as follows: (a) For a first violation, violators shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that a motor vehicle dealer shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) For a second or subsequent offense, violators, including motor vehicle dealers, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the Department of Highway Safety and Motor Vehicles may temporarily or permanently revoke or suspend the motor vehicle dealer license authorized pursuant to the provisions of s. 320.27. (6) Except as provided in subsection (5), any person who violates subsection (1), subsection (2), or subsection (3) shall be charged with a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. However, the penalty may be reduced if the person committing the violation corrects the violation pursuant to the provisions of s. 316.6105. (7) The Department of Environmental Protection shall adopt rules that define the specific wording of the required certification and the circumstances under which the certificate is not required. In addition, the department shall adopt rules as necessary to conform to requirements of federal law, to establish procedures to determine compliance with this section, including specifying what tampering activities constitute a violation of this section, and to provide for exceptions and waivers. For those rules applicable pursuant to subsection (1) to licensed motor vehicle dealers for certification by visual observation, the air pollution control devices or systems that shall be included in such certification for motor vehicles dated model year 1981 or later are the catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR), air pump and/or air injector system (AIS), and fuel evaporative emissions system (EVP). The department may by rule remove or add devices or systems to this test if justified by developments in air pollution control technology or changes in federal law. 316.294 Mirrors. Every vehicle, operated singly or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2951 Motor vehicle windows; definitions. Whenever used in ss. 316.2951-316.2957, unless the context otherwise requires, the following terms have the following meanings: (1) "Motor vehicle" means any vehicle as defined in s. 316.003, except vehicles used in farm husbandry, which is registered or required to be registered in the state. (2) "Multipurpose passenger vehicle" means a motor vehicle with motive power designed to carry 10 persons or fewer which is constructed either on a truck chassis or with special features for occasional off-road operation. (3) "Reflectance" means the ratio of the amount of total light, expressed in a percentage, which is reflected outward by the product or material to the amount of total light falling on the product or material. (4) "Sunscreening material" means a product or material, including film, glazing, and perforated sunscreening, which, when applied to the windshield or windows of a motor vehicle, reduces the effects of the sun with respect to light reflectance or transmittance. (5) "Transmittance" means the ratio of the amount of total light, expressed in a percentage, which is allowed to pass through the product or material, including glazing, to the amount of total light falling on the product or material and the glazing. (6) "Window" means any device designed for Florida Traffic Statutes 300 exterior viewing from a motor vehicle, except the windshield, any roof-mounted viewing device, and any viewing device having less than 150 square inches in area. (7) "Windshield" means the front exterior viewing device of a motor vehicle. 316.2952 Windshields; requirements; restrictions. (1) A windshield in a fixed and upright position, which windshield is equipped with safety glazing as required by federal safety-glazing material standards, is required on every motor vehicle which is operated on the public highways, roads, and streets, except on a motorcycle or implement of husbandry. (2) A person shall not operate any motor vehicle on any public highway, road, or street with any sign, sunscreening material, product, or covering attached to, or located in or upon, the windshield, except the following: (a) A certificate or other paper required to be displayed by law. (b) Sunscreening material along a strip at the top of the windshield, so long as such material is transparent and does not encroach upon the driver’s direct forward viewing area as more particularly described and defined in Federal Motor Vehicle Safety Standards No. 205 as the AS/1 portion of the windshield. (c) A device, issued by a governmental entity as defined in s. 334.03, or its designee, for the purpose of electronic toll payments. (d) A global positioning system device or similar satellite receiver device that uses the global positioning system operated pursuant to 10 U.S.C. s. 2281 to obtain navigation, to improve driver safety as a component of safety monitoring equipment capable of providing driver feedback, or to otherwise route information while the motor vehicle is being operated. (3) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be constructed as to be controlled or operated by the driver of the vehicle. (4) Every windshield wiper upon a motor vehicle shall be maintained in good working order. (5) Grove equipment, including “goats,” “highlift-goats,” grove chemical supply tanks, fertilizer distributors, fruit-loading equipment, and electric-powered vehicles regulated under the provisions of s. 316.267, are exempt from the requirements of this section. However, such electric-powered vehicles shall have a windscreen approved by the department sufficient to give protection from wind, rain, or insects, and such windscreen shall be in place whenever the vehicle is operated on the public roads and highways. (6) A former military vehicle is exempt from the requirements of this section if the department determines that the exemption is necessary to maintain the vehicle’s accurate military design and markings. However, whenever the vehicle is operating on the public roads and highways, the operator and passengers must wear eye-protective devices approved by the department. For purposes of this subsection, “former military vehicle” means a vehicle, including a trailer, regardless of the vehicle’s size, weight, or year of manufacture, that was manufactured for use in any country’s military forces and is maintained to represent its military design and markings accurately. (7) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2953 Side windows; restrictions on sunscreening material. A person shall not operate any motor vehicle on any public highway, road, or street on which vehicle the side wings and side windows on either side forward of or adjacent to the operator's seat are composed of, covered by, or treated with any sunscreening material or other product or covering which has the effect of making the window nontransparent or which would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as expressly permitted by this section. A sunscreening material is authorized for such windows if, when applied to and tested on the glass of such windows on the specific motor vehicle, the material has a total solar reflectance of visible light of not more than 25 percent as measured on the nonfilm side and a light transmittance of at least 28 percent in the visible light range. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.2954 Windows behind the driver; restrictions on sunscreening material. (1) A person shall not operate any motor vehicle on any public highway, road, or street on which vehicle any windows behind the driver are composed of, covered by, or treated with any sunscreening material, or other product or material which has the effect of making the window nontransparent or Florida Traffic Statutes 301 which would alter the window's color, increase its reflectivity, or reduce its light transmittance, except as specified below: (a) Sunscreening material consisting of film which, when applied to and tested on the rear window glass of the specific motor vehicle, has a total solar reflectance of visible light of not more than 35 percent as measured on the nonfilm side and a light transmittance of at least 15 percent in the visible light range; however, sunscreening material which, when applied to and tested on the rear window glass of the specific motor vehicle, has a total solar reflectance of visible light of not more than 35 percent as measured on the nonfilm side and a light transmittance of at least 6 percent in the visible light range may be used on multipurpose passenger vehicles. (b) Perforated sunscreening material which, when tested in conjunction with existing glazing or film material, has a total reflectance of visible light of not more than 35 percent and a light transmittance of no less than 30 percent. For those products or materials having different levels of reflectance, the highest reflectance from the product or material will be measured by dividing the area into 16 equal sections and averaging the overall reflectance. The measured reflectance of any of those sections may not exceed 50 percent. (c) Louvered materials, if the installation of the materials does not reduce driver visibility by more than 50 percent. (d) Privacy drapes, curtains and blinds, provided such covering is in an open and secure position when the motor vehicle is being operated on any public highway, road, or street. (2) A person shall not operate any motor vehicle upon any public highway, road, or street, on which vehicle the rear window is composed of, covered by, or treated with any material which has the effect of making the window nontransparent, unless the vehicle is equipped with side mirrors on both sides that meet the requirements of s. 316.294. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.29545 Window sunscreening exclusions; medical exemption; certain law enforcement vehicles exempt. (1) The department shall issue medical exemption certificates to persons who are afflicted with Lupus, any autoimmune disease, or other medical conditions which require a limited exposure to light, which certificates shall entitle the person to whom the certificate is issued to have sunscreening material on the windshield, side windows, and windows behind the driver which is in violation of the requirements of ss. 316.2951-316.2957. The department shall consult with the Medical Advisory Board established in s. 322.125 for guidance with respect to the autoimmune diseases and other medical conditions which shall be included on the form of the medical certificate authorized by this section. At a minimum, the medical exemption certificate shall include a vehicle description with the make, model, year, vehicle identification number, medical exemption decal number issued for the vehicle, and the name of the person or persons who are the registered owners of the vehicle. A medical exemption certificate shall be nontransferable and shall become null and void upon the sale or transfer of the vehicle identified on the certificate. (2) The department shall exempt all law enforcement vehicles used in undercover or canine operations from the window sunscreening requirements of ss. 316.2951-316.2957. (3) The department shall exempt from the window sunscreening restrictions of ss. 316.2953, 316.2954, and 316.2956 vehicles that are owned or leased by private investigators or private investigative agencies licensed under chapter 493. (4) The department may charge a fee in an amount sufficient to defray the expenses of issuing a medical exemption certificate as described in subsection (1). (5) The department is authorized to promulgate rules for the implementation of this section. 316.2955 Window sunscreening material; compliance labeling; tolerances. (1) Each installer or seller of sunscreening material shall provide a pressure-sensitive, self-destructive, nonremovable, vinyl-type film label to the purchaser stating that the material complies with the provisions of ss. 316.2951-316.2954. Each such installer shall affix the required label to the inside left door jamb of the motor vehicle. In addition, the label shall state the trade name of the material and the installer's or seller's business name. Labeling is not required for factory glazing which complies with Federal Motor Vehicle Safety Standard No. 205. (2) Every percentage measurement required by ss. 316.2951-316.2954 is subject to a tolerance of plus or minus 3 percent. Florida Traffic Statutes 302 (3) The department shall adopt rules approving light transmittance measuring devices for use in making measurements required by ss. 316.2951-316.2954. A witness otherwise qualified to testify shall be competent to give testimony regarding the percentage of light transmission when the testimony is derived from the use of an approved device. The reading from an approved device is presumed accurate and shall be admissible into evidence in the trial of any infraction arising under ss. 316.2951-316.2954. 316.2956 Violation of provisions relating to windshields, windows, and sunscreening material; penalties. (1) Any person who operates a motor vehicle on which, after June 20, 1984, material was installed in violation of ss. 316.2951-316.2954 commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) The replacement or repair of any material legally installed is not a violation of ss. 316.2951-316.2954. (3) Any person who sells or installs sunscreening material in violation of any provision of ss. 316.2951-316.2955 is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 316.2957 Exemption for motor vehicle manufacturers. The provisions of ss. 316.2951-316.2956 do not apply to the manufacturer's tinting or glazing of motor vehicle windows or windshields which is otherwise in compliance with or permitted by Federal Motor Vehicle Safety Standard No. 205 as promulgated in 49 C.F.R. s. 571.205. 316.299 Rough surfaced wheels prohibited. No person shall drive, propel, operate, or cause to be driven, propelled or operated over any paved or graded public road of this state any tractor engine, tractor or other vehicle or contrivance having wheels provided with sharpened or roughened surfaces, other than roughened pneumatic rubber tires having studs designed to improve traction without materially injuring the surface of the highway, unless the rims or tires of the wheels of such tractor engines, tractors, or other vehicles or contrivances are provided with suitable filler blocks between the cleats so as to form a smooth surface. This requirement shall not apply to tractor engines, tractors, or other vehicles or contrivances if the rims or tires of their wheels are constructed in such manner as to prevent injury to such roads. This restriction shall not apply to tractor engines, tractors, and other vehicles or implements used by any county or the Department of Transportation in the construction or maintenance of roads or to farm implements weighing less than 1,000 pounds when provided with wheel surfaces of more than 1/2 inch in width. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.300 Certain vehicles to carry flares or other devices. (1) No person shall operate any truck, bus, truck tractor, trailer, semitrailer, pole trailer, or motor vehicle towing a house trailer, when such vehicle is 80 inches or more in overall width or 30 feet or more in overall length, upon any highway outside an urban district or upon any divided highway at any time between sunset and sunrise unless there is carried in such vehicle the following equipment, except as provided in subsection (2): (a) At least three flares, three red electric lanterns, or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime. No flare, fusee, electric lantern, or warning flag shall be used for the purpose of compliance with the requirements of this section unless such equipment is of a type which has been submitted to the department and approved by it. No portable reflector unit shall be used for the purpose of compliance with the requirements of this section unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within 600 feet to 100 feet under normal atmospheric conditions at night when directly in front of lawful lower beams of headlamps and unless it is of a type which has been submitted to the department and approved by it. (b) At least three red-burning fusees, unless red electric lanterns or red portable emergency reflectors are carried. (2) No person shall operate at the time and under conditions stated in subsection (1) any motor vehicle used for the transportation of explosives or any cargo tank truck used for the transportation of flammable liquids or compressed gases unless there is carried in such vehicle three red electric lanterns or Florida Traffic Statutes 303 three portable red emergency reflectors meeting the requirements of subsection (1), and there shall not be carried in any such vehicle any flares, fusees, or signal produced by flame. (3) No person shall operate any vehicle described in subsection (1) or subsection (2) upon any highway outside an urban district or upon a divided highway at any time when lighted lamps are not required by s. 316.217 unless there is carried in such vehicle at least two red flags, not less than 12 inches square, with standards to support such flags, or two red portable emergency reflectors of the type described in subsection (1). (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.301 Display of warning lights and devices when vehicle is stopped or disabled. (1) Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer 80 inches or more in overall width or 30 feet or more in overall length is stopped upon a roadway or adjacent shoulder, the driver shall immediately actuate vehicular hazard-warning signal lamps meeting the requirements of this chapter. Such lights need not be displayed by a vehicle parked lawfully in an urban district, or stopped lawfully to receive or discharge passengers, or stopped to avoid conflict with other traffic or to comply with the directions of a police officer or an official traffic control device, or while the devices specified in subsections (2)-(8) are in place. (2) Whenever any vehicle of a type referred to in subsection (1) is disabled, or stopped for more than 10 minutes, upon a roadway outside an urban district at any time when lighted lamps are required, the driver of such vehicle shall display the following warning devices except as provided in subsection (3): (a) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector shall immediately be placed at the traffic side of the vehicle in the direction of the nearest approaching traffic. (b) As soon thereafter as possible but in any event within the burning period of the fusee (15 minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted red electric lanterns, or three portable red emergency reflectors on the roadway in the following order: 1. One approximately 100 feet from the disabled vehicle in the center of the lane occupied by such vehicle and toward traffic approaching in that lane; 2. One approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by such vehicle; and 3. One at the traffic side of the disabled vehicle not less than 10 feet rearward or forward thereof in the direction of the nearest approaching traffic. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph (a), it may be used for this purpose. (3) Whenever any vehicle referred to in this section is disabled, or stopped for more than 10 minutes, within 500 feet of a curve, hill crest, or other obstruction to view, the warning device in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle. (4) Whenever any vehicle of a type referred to in this section is disabled, or stopped for more than 10 minutes, upon any roadway of a divided highway during the time lighted lamps are required, the appropriate warning devices prescribed in subsections (2) and (5) shall be placed as follows: (a) One at a distance of approximately 200 feet from the vehicle in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane. (b) One at a distance of approximately 100 feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane. (c) One at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic. (5) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas is disabled, or stopped for more than 10 minutes, at any time and place mentioned in subsection (2), subsection (3), or subsection (4), the driver of such vehicle shall immediately display red electric lanterns or portable red emergency reflectors in the same number and manner specified therein. Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection. (6) The warning devices described in subsections (2)-(5) need not be displayed where there is sufficient light to reveal persons and vehicles within a distance of Florida Traffic Statutes 304 1,000 feet. (7) Whenever any vehicle described in this section is disabled, or stopped for more than 10 minutes, upon a roadway outside an urban district or upon the roadway of a divided highway at any time when lighted lamps are not required by s. 316.217, the driver of the vehicle shall display two red flags or two red portable emergency reflectors as follows: (a) If traffic on the roadway moves in two directions, one flag or reflector shall be placed approximately 100 feet to the rear and one flag or reflector approximately 100 feet in advance of the vehicle in the center of the lane occupied by such vehicle. (b) Upon a one-way roadway, one flag or reflector shall be placed approximately 100 feet, and one flag or reflector approximately 200 feet, to the rear of the vehicle in the center of the lane occupied by such vehicle. (8) When any vehicle described in this section is stopped entirely off the roadway and on an adjacent shoulder at any time and place hereinbefore mentioned, the warning devices shall be placed, as nearly as practicable, on the shoulder near the edge of the roadway. (9) The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to be displayed as required in this section shall conform with the requirements of this chapter applicable thereto. (10) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.303 Television receivers. (1) No motor vehicle may be operated on the highways of this state if the vehicle is actively displaying moving television broadcast or pre-recorded video entertainment content that is visible from the driver’s seat while the vehicle is in motion, unless the vehicle is equipped with autonomous technology, as defined in s. 316.003(2), and is being operated in autonomous mode, as provided in s. 316.85(2). (2) This section does not prohibit the use of television-type receiving equipment used exclusively for safety or law enforcement purposes, provided such use is approved by the department. (3) This section does not prohibit the use of an electronic display used in conjunction with a vehicle navigation system; an electronic display used by an operator of a vehicle equipped with autonomous technology, as defined in s. 316.003; or an electronic display used by an operator of a vehicle equipped and operating with driver-assistive truck platooning technology, as defined in s. 316.003. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.305 Wireless communications devices; prohibition. (1) This section may be cited as the “Florida Ban on Texting While Driving Law.” (2) It is the intent of the Legislature to: (a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users. (b) Prevent crashes related to the act of text messaging while driving a motor vehicle. (c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes. (d) Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving. (3) (a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph. (b) Paragraph (a) does not apply to a motor vehicle operator who is: 1. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional. 2. Reporting an emergency or criminal or suspicious activity to law enforcement authorities. 3. Receiving messages that are: a. Related to the operation or navigation of Florida Traffic Statutes 305 the motor vehicle; b. Safety-related information, including emergency, traffic, or weather alerts; c. Data used primarily by the motor vehicle; or d. Radio broadcasts. 4. Using a device or system for navigation purposes. 5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function. 6. Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function. 7. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode. (c) Only in the event of a crash resulting in death or personal injury, a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed. (4) (a) Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (5) Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of another provision of this chapter, chapter 320, or chapter 322. 316.304 Wearing of headsets. (1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing. (2) This section does not apply to: (a) Any law enforcement officer equipped with any communication device necessary in performing his or her assigned duties or to any emergency vehicle operator equipped with any ear protection device. (b) Any applicant for a license to operate a motorcycle while taking the examination required by s. 322.12(5). (c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds. (d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (3) The Department of Highway Safety and Motor Vehicles shall promulgate, by administrative rule, standards and specifications for headset equipment the use of which is permitted under this section. The department shall inspect and review all such devices submitted to it and shall publish a list by name and type of approved equipment. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions. (Held unconstituntion State v. Catalano, Florida Supreme Court Decimeter 12, 2012) 316.400 Headlamps. (1) Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this chapter. (2) Every headlamp upon every motorcycle and motor-driven cycle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217(3). (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.405 Motorcycle headlights to be turned on. (1) Any person who operates a motorcycle or motor-driven cycle on the public streets or highways shall, while so engaged, have the headlight or headlights of such motorcycle or Florida Traffic Statutes 306 motor-driven cycle turned on. Failure to comply with this section during the hours from sunrise to sunset, unless compliance is otherwise required by law, shall not be admissible as evidence of negligence in a civil action. During the hours of operation between sunrise and sunset, the headlights may modulate either the upper beam or the lower beam from its maximum intensity to a lower intensity, in accordance with Federal Motor Vehicle Safety Standard 571.108. (2) Failure to comply with the provisions of this section shall not be deemed negligence per se in any civil action, but the violation of this section may be considered on the issue of negligence if the violation of this section is a proximate cause of a crash. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.410 Taillamps. (1) Every motorcycle and motor-driven cycle shall have at least one taillamp which shall be located at a height of not more than 72 nor less than 20 inches. (2) Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.415 Reflectors. Every motorcycle and motor-driven cycle shall carry on the rear, either as part of the taillamp or separately, at least one red reflector. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.420 Stop lamps. Every motorcycle and motor-driven cycle shall be equipped with at least one stop lamp meeting the requirements of s. 316.234(1). A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.425 Lamps on parked motorcycles. (1) Every motorcycle must comply with the provisions of s. 316.229 regarding lamps on parked vehicles and the use thereof. (2) Motor-driven cycles need not be equipped with parking lamps or otherwise comply with the provisions of s. 316.229. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.430 Multiple-beam road-lighting equipment. (1) Every motorcycle other than a motor-driven cycle shall be equipped with multiple-beam road-lighting equipment. (2) Such equipment shall: (a) Reveal persons and vehicles at a distance of at least 300 feet ahead when the uppermost distribution of light is selected; (b) Reveal persons and vehicles at a distance of at least 150 feet ahead when the lowermost distribution of light is selected. On a straight, level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.435 Lighting equipment for motor-driven cycles. The headlamp or headlamps upon every motor-driven cycle may be of the single-beam or multiple-beam type, but in either event shall comply with the requirements and limitations as follows: (1) Every such headlamp or headlamps on a motor-driven cycle shall be of sufficient intensity to reveal persons and vehicles at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour; at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour; and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour. (2) In the event the motor-driven cycle is equipped with a multiple-beam headlamp or headlamps, such equipment shall comply with the requirements of s. 316.430(2). A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.440 Brake equipment required. Every motor-driven cycle must comply with the provisions of s. 316.261, except that: (1) Motorcycles and motor-driven cycles need not be equipped with parking brakes. Florida Traffic Statutes 307 (2) The wheel of a sidecar attached to a motorcycle or to a motor-driven cycle, and the front wheel of a motor-driven cycle, need not be equipped with brakes, provided that such motorcycle or motor-driven cycle is capable of complying with the performance requirements of this chapter. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.445 Performance ability of motorcycle brakes. (1) Every motorcycle and motor-driven cycle, at all times and under all conditions of loading, upon application of the service brake, shall be capable of: (a) Developing a braking force that is not less than 43.5 percent of its gross weight; (b) Decelerating to a stop from not more than 20 miles per hour at not less than 14 feet per second per second; and (c) Stopping from a speed of 20 miles per hour in not more than 30 feet, such distance to be measured from the point at which movement of the service brake pedal or control begins. (2) Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1 percent grade), dry, smooth, hard surface that is free from loose material. (3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.450 Brakes on motor-driven cycles. (1) The department is authorized to require an inspection of the braking system on any motor-driven cycle and to disapprove any such braking system on a vehicle which it finds will not comply with the performance ability standard set forth in s. 316.445 or which in its opinion is equipped with a braking system that is not so designed or constructed as to ensure reasonable and reliable performance in actual use. (2) The department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it determines that the braking system thereon does not comply with the provisions of this section. (3) No person shall operate on any highway any vehicle referred to in this section in the event the department has disapproved the braking system upon such vehicle. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.455 Other equipment. Every motorcycle and every motor-driven cycle when operated upon a highway shall comply with the requirements and limitations of: (1) Section 316.271(1) and (2) on the requirement for horns and warning devices. (2) Section 316.271(3) on the requirement for the use of horns. (3) Section 316.271(4) on the requirement for sirens, whistles, and bells. (4) Section 316.271(5) on the requirement for theft alarms. (5) Section 316.271(6) on the requirement for emergency vehicles. (6) Section 316.272 on the requirement for mufflers and prevention of noise. (7) Section 316.294 on the requirement for mirrors. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.46 Equipment regulations for mopeds. No person may operate a moped that does not conform to all applicable federal motor vehicle safety standards relating to lights and safety and other equipment contained in Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.500 Exceeding weight and length; penalties. It is a violation of this chapter for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state. Local authorities shall have no power or authority to alter said limitations except as express authority may be granted in this chapter. 316.510 Projecting loads on passenger vehicles. No passenger type vehicle shall be operated on any highway with any load carried thereon extending beyond the fenders on the left side of the vehicle or extending more than 6 inches beyond the line of the fenders on the right side thereof. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. Florida Traffic Statutes 308 316.520 Loads on vehicles. (1) A vehicle may not be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be dropped only for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway. (2) It is the duty of every owner and driver, severally, of any vehicle hauling, upon any public road or highway open to the public, dirt, sand, lime rock, gravel, silica, or other similar aggregate or trash, garbage, any inanimate object or objects, or any similar material that could fall or blow from such vehicle, to prevent such materials from falling, blowing, or in any way escaping from such vehicle. Covering and securing the load with a close-fitting tarpaulin or other appropriate cover or a load securing device meeting the requirements of 49 C.F.R. s. 393.100 or a device designed to reasonably ensure that cargo will not shift upon or fall from the vehicle is required and shall constitute compliance with this section. (3) (a) Except as provided in paragraph (b), a violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any person who willfully violates the provisions of this section which offense results in serious bodily injury or death to an individual and which offense occurs as a result of failing to comply with subsections (1) and (2) commits a criminal traffic offense and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) The provision of subsection (2) requiring covering and securing the load with a close-fitting tarpaulin or other appropriate cover does not apply to vehicles carrying agricultural products locally from a harvest site or to or from a farm on roads where the posted speed limit is 65 miles per hour or less and the distance driven on public roads is less than 20 miles. 316.525 Requirements for vehicles hauling loads. (1) It is the duty of every owner, licensee, and driver, severally, of any truck, trailer, semitrailer, or pole trailer to use such stanchions, standards, stays, supports, or other equipment, appliances, or contrivances, together with one or more lock chains, when lock chains are the most suitable means of fastening the load, or together with nylon strapping, when nylon strapping is the most suitable means of securing the load, so as to fasten the load securely to the vehicle. (2) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.530 Towing requirements. (1) When one vehicle is towing another vehicle the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby, and said drawbar or other connection shall not exceed 15 feet from one vehicle to the other except the connection between any two vehicles transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered. When one vehicle is towing another vehicle and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a white flag or cloth not less than 12 inches square. (2) When a vehicle is towing a trailer or semitrailer on a public road or highway by means of a trailer hitch to the rear of the vehicle, there shall be attached in addition thereto safety chains, cables, or other safety devices that comply with 49 C.F.R. subpart F, ss. 393.71(g)(2)(1) and 393.71(h)(10) from the trailer or semitrailer to the vehicle. These safety chains, cables, or other safety devices shall be of sufficient strength to maintain connection of the trailer or semitrailer to the pulling vehicle under all conditions while the trailer or semitrailer is being towed by the vehicle. The provisions of this subsection shall not apply to trailers or semitrailers using a hitch known as a fifth wheel nor to farm equipment traveling less than 20 miles per hour. (3) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 316.550 Operations not in conformity with law; special permits. (1) An oversize or overweight vehicle or load thereon may not enter onto or be operated on a public road in this state unless the owner or operator of such vehicle has first obtained the special permit for such movement from the appropriate governing jurisdiction. (2) The Department of Transportation, with respect to highways under its jurisdiction, or a local authority, with respect to highways under its jurisdiction, may, in its discretion and upon application and good cause shown therefor that the same is not contrary to the public Florida Traffic Statutes 309 interest, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight exceeding the maximum specified in this chapter, or otherwise not in conformity with the provisions of this chapter, upon any highway under the jurisdiction of the authority issuing such permit and for the maintenance of which the authority is responsible. The permit shall describe the vehicle or vehicles and load to be operated or moved and the highways for which the permit is requested. The Department of Transportation or local authority is authorized to issue or withhold such permit at its discretion or, if such permit is issued, to limit or prescribe the conditions of operation of such vehicle or vehicles; and the department or local authority may require such undertaking or other security as may be deemed necessary to compensate for any damage to any roadway or road structure. (3) A permit may authorize a self-propelled truck crane operating off the Interstate Highway System to tow a motor vehicle which does not weigh more than 5,000 pounds if the combined weight of the crane and such motor vehicle does not exceed 95,000 pounds. Notwithstanding s. 320.01(7) or (12), truck cranes that tow another motor vehicle under the provision of this subsection shall be taxed under the provisions of s. 320.08(5)(b). (4) (a) The Department of Transportation or local authority may issue permits that authorize commercial vehicles having weights not exceeding the limits of s. 316.535(5), plus the scale tolerance provided in s. 316.545(2), to operate off the interstate highway system on a designated route specified in the permit. Such permits shall be issued within 14 days after receipt of the request. (b) The designated route shall avoid any bridge which the department determines cannot safely accommodate vehicles with a gross vehicle weight authorized in paragraph (a). (c) Any vehicle or combination of vehicles which exceeds the weight limits authorized in paragraph (a) shall be unloaded, and all material so unloaded shall be cared for by the owner or operator. (5)(a) The Department of Transportation may issue a wrecker special blanket permit to authorize a wrecker as defined in s. 320.01 to tow a disabled motor vehicle as defined in s. 320.01 where the combination of the wrecker and the disabled vehicle being towed exceeds the maximum weight limits as established by s. 316.535. (b) The Department of Transportation must supply the permitted wrecker with a map showing the routes on which the wrecker may safely tow disabled vehicles for all special permit classifications for which the wrecker applies. (6) The Department of Transportation or such local authority is authorized to promulgate rules and regulations concerning the issuance of such permits and to charge a fee for the issuance thereof, which rules, regulations, and fees shall have the force and effect of law. The minimum fee for issuing any such permit shall be $5. The Department of Transportation may issue blanket permits for not more than 36 months. The department may charge an annualized fee for blanket permits not to exceed $500. (7) Every special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting such permit. No person shall violate any of the terms or conditions of such special permit. (8) The Department of Transportation may impose fines for the operation of a vehicle in violation of this section, as provided in subsection (10). (9) The Department of Transportation may not refuse to issue a permit under this section to any person solely on the basis that such person allegedly violated this chapter or the rules promulgated hereunder until a final order is entered with regard to such violation pursuant to chapter 120. (10) Whenever any motor vehicle, or the combination of a wrecker as defined in s. 320.01 and a towed motor vehicle, exceeds any weight or dimensional criteria or special operational or safety stipulation contained in a special permit issued under the provisions of this section, the penalty assessed to the owner or operator shall be as follows: (a) For violation of weight criteria contained in a special permit, the penalty per pound or portion thereof exceeding the permitted weight shall be as provided in s. 316.545. (b) For each violation of dimensional criteria in a special permit, the penalty shall be as provided in s. 316.516 and penalties for multiple violations of dimensional criteria shall be cumulative except that the total penalty for the vehicle shall not exceed $1,000. (c) For each violation of an operational or safety stipulation in a special permit, the penalty shall be an amount not to exceed $1,000 per violation and penalties for multiple violations of operational or safety stipulations shall be cumulative except that the total Florida Traffic Statutes 310 penalty for the vehicle shall not exceed $1,000. (d) For violation of any special condition that has been prescribed in the rules of the Department of Transportation and declared on the permit, the vehicle shall be determined to be out of conformance with the permit and the permit shall be declared null and void for the vehicle, and weight and dimensional limits for the vehicle shall be as established in s. 316.515 or s. 316.535, whichever is applicable, and: 1. For weight violations, a penalty as provided in s. 316.545 shall be assessed for those weights which exceed the limits thus established for the vehicle; and 2. For dimensional, operational, or safety violations, a penalty as established in paragraph (c) or s. 316.516, whichever is applicable, shall be assessed for each nonconforming dimensional, operational, or safety violation and the penalties for multiple violations shall be cumulative for the vehicle. (11) All penalties imposed by violations of this section shall be assessed, collected, and deposited in accordance with the provisions of s. 316.545(6). 316.560 Damage to highways; liability of driver and owner. Any person driving or moving any vehicle or combination of vehicles, object, or contrivance upon any highway or highway structure shall be liable for all damages which the highway or structure may sustain as a result of any illegal operating, driving, or moving of such vehicle or combination of vehicles, object, or contrivance, whether or not such damage is a result of operating, driving, or moving any vehicle or combination of vehicles, object, or contrivance weighing in excess of the maximum weights or exceeding the maximum size as provided in this chapter but authorized by special permit issued pursuant to s. 316.550. Whenever the driver is not the owner of the vehicle or combination of vehicles, object, or contrivance but is so operating, driving, or moving the same with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any such damage. Such damage may be recovered in any civil action brought by the authorities in control of the highway or highway structure. 316.565 Emergency transportation, perishable food; establishment of weight loads, etc. (1) The Governor may declare an emergency to exist when there is a breakdown in the normal public transportation facilities necessary in moving perishable food crops grown in the state. The Department of Transportation is authorized during such emergency to establish such weight loads for hauling over the highways from the fields or packinghouses to the nearest available public transportation facility as circumstances demand. The Department of Transportation shall designate special highway routes, excluding the interstate highway system, to facilitate the trucking and render any other assistance needed to expedite moving the perishables. (2) It is the intent of the Legislature in this chapter to supersede any existing laws when necessary to protect and save any perishable food crops grown in the state and give authority for agencies to provide necessary temporary assistance requested during any such emergency. 316.600 Health and sanitation hazards. No motor vehicle, trailer or semitrailer shall be equipped with an open toilet or other device that may be a hazard from a health and sanitation standpoint. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.605 Licensing of vehicles. (1) Every vehicle, at all times while driven, stopped, or parked upon any highways, roads, or streets of this state, shall be licensed in the name of the owner thereof in accordance with the laws of this state unless such vehicle is not required by the laws of this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706 for front-end registration license plates on truck tractors and s. 320.086(5) which exempts display of license plates on described former military vehicles, display the license plate or both of the license plates assigned to it by the state, one on the rear and, if two, the other on the front of the vehicle, each to be securely fastened to the vehicle outside the main body of the vehicle not higher than 60 inches and not lower than 12 inches from the ground and no more than 24 inches to the left or right of the centerline of the vehicle, and in such manner as to prevent the plates from swinging, and all letters, numerals, printing, writing, the registration decal, and the alphanumeric designation shall be clear and distinct and Florida Traffic Statutes 311 free from defacement, mutilation, grease, and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Except as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground. No vehicle license plate may be displayed in an inverted or reversed position or in such a manner that the letters and numbers and their proper sequence are not readily identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted by law or by rule or regulation of a governmental agency. No license plates other than those furnished by the state shall be used. However, if the vehicle is not required to be licensed in this state, the license plates on such vehicle issued by another state, by a territory, possession, or district of the United States, or by a foreign country, substantially complying with the provisions hereof, shall be considered as complying with this chapter. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) Any commercial motor vehicle operating over the highways of this state with an expired registration, with no registration from this or any other jurisdiction, or with no registration under the applicable provisions of chapter 320 shall be in violation of s. 320.07(3) and shall subject the owner or operator of such vehicle to the penalty provided. In addition, a commercial motor vehicle found in violation of this section may be detained by any law enforcement officer until the owner or operator produces evidence that the vehicle has been properly registered and that any applicable delinquent penalties have been paid. 316.610 Safety of vehicle; inspection. It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter. (1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate. (2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday. 316.6105 Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition. (1) In the event that a law enforcement officer issues a traffic citation for a violation of s. 316.2935 or for the operation of a motor vehicle which is in an unsafe condition or which is not properly equipped as required pursuant to s. 316.610, the law enforcement officer shall also issue an affidavit-of-compliance form. (2) The person to whom the citation has been issued may mitigate the civil penalty by making the necessary repair and presenting the vehicle to any local police department or sheriff’s department in this state for inspection within 30 days after the issuance of the citation. (3) The police or sheriff’s department shall make available a person or persons to confirm that the defect has been corrected. If the correction has been made, such employee shall execute the affidavit-of-compliance form in a manner established by the Department of Highway Safety and Motor Vehicles and return it to the person who received the citation. The person who received the citation shall, upon receipt of the executed affidavit of compliance, pay the appropriate fine to the law enforcement agency pursuant to s. 318.18(2)(c) thereby completing the affidavit of compliance. The affidavit of compliance shall not be construed Florida Traffic Statutes 312 by the courts as a warranty of the mechanical condition of the motor vehicle. Neither the person who confirms that a defect has been corrected nor the department by which he or she is employed shall be liable in damages for any defect, failure, or improper functioning of any item of equipment on such motor vehicle. (4) The person to whom the citation was issued shall mail or present the traffic citation and the affidavit-of-compliance form to the clerk of the court where the traffic citation was issued and shall thereupon pay the appropriate fine pursuant to s. 318.18(2)(c). (5) In the event that the person to whom the traffic citation has been issued chooses not to correct the defect, the procedure for the collection of the fine and any other penalties shall proceed as provided by law. (6) This section does not apply to commercial motor vehicles or transit buses owned or operated by a governmental entity. 316.613 Child restraint requirements. (1) (a) Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. 1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat. 2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child: a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family; b. Is being transported in a medical emergency situation involving the child; or c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional. (b) The department shall provide notice of the requirement for child restraint devices, which notice shall accompany the delivery of each motor vehicle license tag. (2) As used in this section, the term “motor vehicle” means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include: (a) A school bus as defined in s. 316.003. (b) A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities. (c) A farm tractor or implement of husbandry. (d) A truck having a gross vehicle weight rating of more than 26,000 pounds. (e) A motorcycle, moped, or bicycle. (3) The failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence. (4) It is the legislative intent that all state, county, and local law enforcement agencies, and safety councils, in recognition of the problems with child death and injury from unrestrained occupancy in motor vehicles, conduct a continuing safety and public awareness campaign as to the magnitude of the problem. (5) Any person who violates this section commits a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver license as set forth in s. 322.27. In lieu of the penalty specified in s. 318.18 and the assessment of points, a person who violates this section may elect, with the court’s approval, to participate in a child restraint safety program approved by the chief judge of the circuit in which the violation occurs, and, upon completing such program, the penalty specified in chapter 318 and associated costs may be waived at the court’s discretion and the assessment of points shall be waived. The child restraint safety program must use a course approved by the Department of Highway Safety and Motor Vehicles, and the fee for the course must bear a reasonable relationship to the cost of providing the course. (6) The child restraint requirements imposed by this section do not apply to a chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the operator and the motor vehicle are hired and used for the transportation of persons for compensation. It is the obligation and responsibility of the parent, guardian, or other person responsible for a child’s welfare as defined in s. 39.01 to comply with the requirements of this section. Florida Traffic Statutes 313 316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer. (1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle: (a) For a period in excess of 15 minutes; (b) For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress. (2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083. (3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500. (4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle. (6) If the child is removed from the immediate area, notification should be placed on the vehicle. (7) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child. 316.614Safety belt usage. (1) This section may be cited as the “Florida Safety Belt Law.” (2) It is the policy of this state that enactment of this section is intended to be compatible with the continued support by the state for federal safety standards requiring automatic crash protection, and the enactment of this section should not be used in any manner to rescind or delay the implementation of the federal automatic crash protection system requirements of Federal Motor Safety Standard 208 as set forth in S4.1.2.1 thereof, as entered on July 17, 1984, for new cars. (3) As used in this section: (a) “Motor vehicle” means a motor vehicle as defined in s. 316.003 which is operated on the roadways, streets, and highways of this state. The term does not include: 1. A school bus. 2. A bus used for the transportation of persons for compensation. 3. A farm tractor or implement of husbandry. 4. A truck having a gross vehicle weight rating of more than 26,000 pounds. 5. A motorcycle, moped, or bicycle. (b) “Safety belt” means a seat belt assembly that meets the requirements established under Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208. (c) “Restrained by a safety belt” means being restricted by an appropriately adjusted safety belt which is properly fastened at all times when a motor vehicle is in motion. (4) It is unlawful for any person: (a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable; or (b) To operate a motor vehicle in this state unless the person is restrained by a safety belt. (5) It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion. (6)(a) Neither a person who is certified by a physician as having a medical condition that causes the use of a safety belt to be inappropriate or dangerous nor an employee of a newspaper home delivery service while in the course of his or her employment delivering newspapers on home delivery routes is required to be restrained by a safety belt. (b) An employee of a solid waste or recyclable collection service is not required to be restrained by a safety belt while in the course of employment collecting solid waste or recyclables on designated routes. (c) The requirements of this section do not apply to the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property. (d) The requirements of this section do not apply to motor vehicles that are not required to be equipped with safety belts under federal law. (e) A rural letter carrier of the United States Postal Service is not required to be restrained by a safety belt while performing duties in the course of his or her employment on a designated postal route. Florida Traffic Statutes 314 (7) It is the intent of the Legislature that all state, county, and local law enforcement agencies, safety councils, and public school systems, in recognition of the fatalities and injuries attributed to unrestrained occupancy of motor vehicles, shall conduct a continuing safety and public awareness campaign as to the magnitude of the problem and adopt programs designed to encourage compliance with the safety belt usage requirements of this section. (8) Any person who violates the provisions of this section commits a nonmoving violation, punishable as provided in chapter 318. (9) By January 1, 2006, each law enforcement agency in this state shall adopt departmental policies to prohibit the practice of racial profiling. When a law enforcement officer issues a citation for a violation of this section, the law enforcement officer must record the race and ethnicity of the violator. All law enforcement agencies must maintain such information and forward the information to the department in a form and manner determined by the department. The department shall collect this information by jurisdiction and annually report the data to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must show separate statewide totals for the state’s county sheriffs and municipal law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies. (10) A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. 316.6145 School buses; safety belts or other restraint systems required. (1)(a) Each school bus that is purchased new after December 31, 2000, and used to transport students in grades pre-K through 12 must be equipped with safety belts or with any other restraint system approved by the Federal Government in a number sufficient to allow each student who is being transported to use a separate safety belt or restraint system. These safety belts must meet the standards required under s. 316.614. A school bus that was purchased prior to December 31, 2000, is not required to be equipped with safety belts. (b) As used in this section, "school bus" means a school bus that is owned, leased, operated, or contracted by a school district. (2) Each passenger on a school bus that is equipped with safety belts or restraint system shall wear a properly adjusted and fastened safety belt at all times while the bus is in operation. The state, the county, a school district, school bus operator under contract with a school district, or an agent or employee of a school district or operator, including a teacher or volunteer serving as a chaperone, is not liable in an action for personal injury by a school bus passenger solely because the injured party was not wearing a safety belt. (3) The state, the county, a school district, school bus operator under contract with a school district, or an agent or employee of a school district or operator, including a teacher or volunteer serving as a chaperone, is not liable in an action for personal injury by a school bus passenger for an injury caused solely by another passenger's use or nonuse of a safety belt or restraint system in a dangerous or unsafe manner. (4) In implementing the provisions of this section, each school district must prioritize the allocation of buses equipped with safety belts or restraint system to ensure that elementary schools within the district receive first priority. A school district may enter into agreements to provide transportation pursuant to this section only if the point of origin or termination of the trip is within the district's boundaries. (5) The provisions of this section shall not apply to vehicles as defined in s. 1006.25(1)(b). 316.615 School buses; physical requirements of drivers. (1)(a) All motor vehicles, with a seating capacity of 24 or more pupils, which are regularly used for the transportation of pupils to or from school, or to or from school activities, shall comply with the requirements for school buses of chapter 1006. (b) For the purposes of this section the term "school" includes all public and private nursery, preelementary, elementary, and secondary level schools. (c) A bus operated by an organization that holds a tax exemption pursuant to 26 U.S.C. s. 501(c)(3) is exempt from the color, pupil-warning-lamp-system, stop-arm, and crossing-arm requirements for school buses in chapter 1006 if: 1. The bus does not pick up pupils from home or deliver pupils to home; 2. The bus makes no intermittent stops to unload or load pupils; and 3. The bus is not operated by or under the Florida Traffic Statutes 315 purview of the state or political subdivision. (2)(a) Every motor vehicle, except privately owned passenger motor vehicles and passenger motor vehicles owned or operated by governmental entities, with a seating capacity of less than 24 pupils, which is regularly used for the transportation of pupils to or from school, or to or from school activities, shall be equipped with the following: 1. Nonleaking exhaust system; 2. First-aid kit; 3. Fire extinguisher; 4. Unbroken safety glass on all windows; 5. Inside rear view mirror capable of giving the driver a clear view of motor vehicles approaching from the rear; and 6. Seats securely anchored. (b) Such vehicles shall transport no more passengers than they are equipped to seat. (3) A person may not operate or cause to be operated a motor vehicle covered by subsection (1) or subsection (2) when transporting school children unless the operator has met the physical examination requirements established by law and by rule of the State Board of Education. The operator of such a motor vehicle shall pass an annual physical examination and have posted in the vehicle a certificate to drive the vehicle. (4) All school buses and all motor vehicles covered by subsections (1) and (2) must be covered by single limits liability insurance to protect pupils being transported, in the following amounts: $5,000 multiplied by the rated seating capacity of the vehicle, or $100,000, whichever is greater. (5) Nonpublic school buses shall be allowed to deliver and pick up students either in the same areas as public school buses or in other areas adjacent to the public school bus delivery and pickup zones, as determined by the appropriate government entities. (6) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 316.640 Enforcement. The enforcement of the traffic laws of this state is vested as follows: (1) STATE. (a) 1. a. The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; and the agents, inspectors, and officers of the Department of Law Enforcement each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle. b. University police officers may enforce all of the traffic laws of this state when violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of a state university, a direct-support organization of such state university, or any other organization controlled by the state university or a direct-support organization of the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225(1). Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement. c. Florida College System institution police officers may enforce all the traffic laws of this state only when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the Florida College System institution, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225. Traffic laws may also be enforced off-campus when hot pursuit originates on or within 1,000 feet of any such property or facilities, or as agreed upon in accordance with the mutual aid agreement. d. Police officers employed by an airport authority may enforce all of the traffic laws of this state only when such violations occur on any property or facilities that are owned or operated by an airport authority. (I) An airport authority may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. This sub-sub-subparagraph may Florida Traffic Statutes 316 not be construed to permit the carrying of firearms or other weapons, nor shall such parking enforcement specialist have arrest authority. (II) A parking enforcement specialist employed by an airport authority may enforce all state, county, and municipal laws and ordinances governing parking only when such violations are on property or facilities owned or operated by the airport authority employing the specialist, by appropriate state, county, or municipal traffic citation. e. The Office of Agricultural Law Enforcement of the Department of Agriculture and Consumer Services may enforce traffic laws of this state. f. School safety officers may enforce all of the traffic laws of this state when such violations occur on or about any property or facilities that are under the guidance, supervision, regulation, or control of the district school board. 2. Any disciplinary action taken or performance evaluation conducted by an agency of the state as described in subparagraph 1. of a law enforcement officer’s traffic enforcement activity must be in accordance with written work-performance standards. Such standards must be approved by the agency and any collective bargaining unit representing such law enforcement officer. A violation of this subparagraph is not subject to the penalties provided in chapter 318. 3. The Division of the Florida Highway Patrol may employ as a traffic accident investigation officer any individual who successfully completes instruction in traffic accident investigation and court presentation through the Selective Traffic Enforcement Program as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration or a similar program approved by the commission, but who does not necessarily meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic accident investigation officer who makes an investigation at the scene of a traffic accident may issue traffic citations, based upon personal investigation, when he or she has reasonable and probable grounds to believe that a person who was involved in the accident committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the accident. This subparagraph does not permit the officer to carry firearms or other weapons, and such an officer does not have authority to make arrests. (b) 1. The Department of Transportation has authority to enforce on all the streets and highways of this state all laws applicable within its authority. 2. a. The Department of Transportation shall develop training and qualifications standards for toll enforcement officers whose sole authority is to enforce the payment of tolls pursuant to s. 316.1001. Nothing in this subparagraph shall be construed to permit the carrying of firearms or other weapons, nor shall a toll enforcement officer have arrest authority. b. For the purpose of enforcing s. 316.1001, governmental entities, as defined in s. 334.03, which own or operate a toll facility may employ independent contractors or designate employees as toll enforcement officers; however, any such toll enforcement officer must successfully meet the training and qualifications standards for toll enforcement officers established by the Department of Transportation. 3. For the purpose of enforcing s. 316.0083, the department may designate employees as traffic infraction enforcement officers. A traffic infraction enforcement officer must successfully complete instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but may not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. This subparagraph does not authorize the carrying of firearms or other weapons by a traffic infraction enforcement officer and does not authorize a traffic infraction enforcement officer to make arrests. The department’s traffic infraction enforcement officers must be physically located in the state. (2) COUNTIES.— Florida Traffic Statutes 317 (a) The sheriff’s office of each of the several counties of this state shall enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the county wherever the public has the right to travel by motor vehicle. In addition, the sheriff’s office may be required by the county to enforce the traffic laws of this state on any private or limited access road or roads over which the county has jurisdiction pursuant to a written agreement entered into under s. 316.006(3)(b). (b) The sheriff’s office of each county may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash may issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person who was involved in the crash has committed an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority. (c) The sheriff’s office of each of the several counties of this state may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not necessarily otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. 1. A parking enforcement specialist employed by the sheriff’s office of each of the several counties of this state is authorized to enforce all state and county laws, ordinances, regulations, and official signs governing parking within the unincorporated areas of the county by appropriate state or county citation and may issue such citations for parking in violation of signs erected pursuant to s. 316.006(3) at parking areas located on property owned or leased by a county, whether or not such areas are within the boundaries of a chartered municipality. 2. A parking enforcement specialist employed pursuant to this subsection shall not carry firearms or other weapons or have arrest authority. (3) MUNICIPALITIES.— (a) The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle. In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under s. 316.006(2)(b). However, nothing in this chapter shall affect any law, general, special, or otherwise, in effect on January 1, 1972, relating to “hot pursuit” without the boundaries of the municipality. (b) The police department of a chartered municipality may employ as a traffic crash investigation officer any individual who successfully completes instruction in traffic crash investigation and court presentation through the Selective Traffic Enforcement Program (STEP) as approved by the Criminal Justice Standards and Training Commission and funded through the National Highway Traffic Safety Administration (NHTSA) or a similar program approved by the commission, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash investigation officer who makes an investigation at the scene of a traffic crash is authorized to issue traffic citations when, based upon personal investigation, he or she has reasonable and probable grounds to believe that a person involved in the crash has committed an offense under the provisions of this chapter, chapter 319, chapter 320, or chapter 322 in connection with the crash. This paragraph does not permit the carrying of firearms or other weapons, nor do such officers have arrest authority. (c) 1. A chartered municipality or its authorized Florida Traffic Statutes 318 agency or instrumentality may employ as a parking enforcement specialist any individual who successfully completes a training program established and approved by the Criminal Justice Standards and Training Commission for parking enforcement specialists, but who does not otherwise meet the uniform minimum standards established by the commission for law enforcement officers or auxiliary or part-time officers under s. 943.12. 2. A parking enforcement specialist employed by a chartered municipality or its authorized agency or instrumentality is authorized to enforce all state, county, and municipal laws and ordinances governing parking within the boundaries of the municipality employing the specialist, or, pursuant to a memorandum of understanding between the county and the municipality, within the boundaries of the county in which the chartered municipality or its authorized agency or instrumentality is located, by appropriate state, county, or municipal traffic citation. 3. A parking enforcement specialist employed pursuant to this subsection may not carry firearms or other weapons or have arrest authority. (4) (a) Any sheriff’s department, or any police department of a municipality, may employ as a traffic control officer any individual who successfully completes at least 8 hours of instruction in traffic control procedures through a program approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program offered by the local sheriff’s department or police department, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. A traffic control officer employed pursuant to this subsection may direct traffic or operate a traffic control device only at a fixed location and only upon the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic control officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer. (b) In the case of a special event or activity in relation to which a nongovernmental entity is paying for traffic control on public streets, highways, or roads, traffic control officers may be employed to perform such traffic control responsibilities only when off-duty, full-time law enforcement officers, as defined in s. 943.10(1), are unavailable to perform those responsibilities. However, this paragraph may not be construed to limit the use of traffic infraction enforcement officers for traffic enforcement purposes. (c) This subsection does not permit the carrying of firearms or other weapons, nor do traffic control officers have arrest authority. (5) (a) Any sheriff’s department or police department of a municipality may employ, as a traffic infraction enforcement officer, any individual who successfully completes instruction in traffic enforcement procedures and court presentation through the Selective Traffic Enforcement Program as approved by the Division of Criminal Justice Standards and Training of the Department of Law Enforcement, or through a similar program, but who does not necessarily otherwise meet the uniform minimum standards established by the Criminal Justice Standards and Training Commission for law enforcement officers or auxiliary law enforcement officers under s. 943.13. Any such traffic infraction enforcement officer who observes the commission of a traffic infraction or, in the case of a parking infraction, who observes an illegally parked vehicle may issue a traffic citation for the infraction when, based upon personal investigation, he or she has reasonable and probable grounds to believe that an offense has been committed which constitutes a noncriminal traffic infraction as defined in s. 318.14. In addition, any such traffic infraction enforcement officer may issue a traffic citation under s. 316.0083. For purposes of enforcing s. 316.0083, any sheriff’s department or police department of a municipality may designate employees as traffic infraction enforcement officers. The traffic infraction enforcement officers must be physically located in the county of the respective sheriff’s or police department. (b) The traffic infraction enforcement officer shall be employed in relationship to a selective traffic enforcement program at a fixed location or as part of a crash investigation team at the scene of a vehicle crash or in other types of traffic infraction enforcement under the direction of a fully qualified law enforcement officer; however, it is not necessary that the traffic infraction enforcement officer’s duties be performed under the immediate supervision of a fully qualified law enforcement officer. (c) This subsection does not permit the carrying of firearms or other weapons, nor do Florida Traffic Statutes 319 traffic infraction enforcement officers have arrest authority other than the authority to issue a traffic citation as provided in this subsection. (6) MOBILE HOME PARK RECREATION DISTRICTS.—Notwithstanding subsection (2) or subsection (3), the sheriff’s office of each of the several counties of this state and the police department of each chartered municipality have authority, but are not required, to enforce the traffic laws of this state on any way or place used for vehicular traffic on a controlled access basis within a mobile home park recreation district which has been created under s. 418.30 and the recreational facilities of which district are open to the general public. (7) CONSTRUCTION OF CHAPTER 87-88, LAWS OF FLORIDA.—For purposes of traffic control and enforcement, nothing in chapter 87-88, Laws of Florida, shall be construed to classify any road which has been dedicated or impliedly dedicated for public use, and which has been constructed and is open to the use of the public for vehicular traffic, as a private road or driveway. (8) TRAFFIC ENFORCEMENT AGENCY.— (a) Any agency or governmental entity designated in subsection (1), subsection (2), or subsection (3), including a university, a Florida College System institution, a school board, or an airport authority, is a traffic enforcement agency for purposes of this section and s. 316.650. (b) A traffic enforcement agency may not establish a traffic citation quota. 316.645 Arrest authority of officer at scene of a traffic crash. A police officer who makes an investigation at the scene of a traffic crash may arrest any driver of a vehicle involved in the crash when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter, chapter 320, or chapter 322 in connection with the crash. 316.646 Security required; proof of security and display thereof; dismissal of cases. (1) Any person required by s. 324.022 to maintain property damage liability security, required by s. 324.023 to maintain liability security for bodily injury or death, or required by s. 627.733 to maintain personal injury protection security on a motor vehicle shall have in his or her immediate possession at all times while operating such motor vehicle proper proof of maintenance of the required security. (a) Such proof shall be in a uniform paper or electronic format, as prescribed by the department, a valid insurance policy, an insurance policy binder, a certificate of insurance, or such other proof as may be prescribed by the department. (b) 1. The act of presenting to a law enforcement officer an electronic device displaying proof of insurance in an electronic format does not constitute consent for the officer to access any information on the device other than the displayed proof of insurance. 2. The person who presents the device to the officer assumes the liability for any resulting damage to the device. (2) If, upon a comparison of the vehicle registration certificate or other evidence of registration or ownership with the operator’s driver license or other evidence of personal identity, it appears to a law enforcement officer or other person authorized to issue traffic citations that the operator is also the owner or registrant of the vehicle, upon demand of the law enforcement officer or other person authorized to issue traffic citations the operator shall display proper proof of maintenance of security as specified by subsection (1). (3) Any person who violates this section commits a nonmoving traffic infraction subject to the penalty provided in chapter 318 and shall be required to furnish proof of security as provided in this section. If any person charged with a violation of this section fails to furnish proof at or before the scheduled court appearance date that security was in effect at the time of the violation, the court shall, upon conviction, notify the department to suspend the registration and driver license of such person. If the court fails to order the suspension of the person’s registration and driver license for a conviction of this section at the time of sentencing, the department shall, upon receiving notice of the conviction from the court, suspend the person’s registration and driver license for the violation of this section. Such license and registration may be reinstated only as provided in s. 324.0221. (4) Any person presenting proof of insurance as required in subsection (1) who knows that the insurance as represented by such proof of insurance is not currently in force is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) The department shall adopt rules to Florida Traffic Statutes 320 administer this section. 316.650 Traffic citations. (1) (a) The department shall prepare and supply to every traffic enforcement agency in this state an appropriate form traffic citation that contains a notice to appear, is issued in prenumbered books, meets the requirements of this chapter or any laws of this state regulating traffic, and is consistent with the state traffic court rules and the procedures established by the department. The form shall include a box that is to be checked by the law enforcement officer when the officer believes that the traffic violation or crash was due to aggressive careless driving as defined in s. 316.1923. The form shall also include a box that is to be checked by the law enforcement officer when the officer writes a uniform traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. as a result of the driver failing to stop at a traffic signal. (b) The department shall prepare, and supply to every traffic enforcement agency in the state, an appropriate affidavit-of-compliance form that shall be issued along with the form traffic citation for any violation of s. 316.610 and that indicates the specific defect needing to be corrected. However, such affidavit of compliance may not be issued in the case of a violation of s. 316.610 by a commercial motor vehicle. Such affidavit-of-compliance form shall be distributed in the same manner and to the same parties as is the form traffic citation. (c) Notwithstanding paragraphs (a) and (b), a traffic enforcement agency may produce uniform traffic citations by electronic means. Such citations must be consistent with the state traffic court rules and the procedures established by the department and must be appropriately numbered and inventoried. Affidavit-of-compliance forms may also be produced by electronic means. (d) The department must distribute to every traffic enforcement agency and to any others who request it, a traffic infraction reference guide describing the class of the traffic infraction, the penalty for the infraction, the points to be assessed on a driver’s record, and any other information necessary to describe a violation and the penalties therefor. (2) Courts, enforcement agencies, and the department are jointly responsible to account for all uniform traffic citations in accordance with rules and procedures promulgated by the department. (3) (a) Except for a traffic citation issued pursuant to s. 316.1001 or s. 316.0083, each traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any municipality or town, shall deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 days after issuance to the violator. (b) If a traffic citation is issued pursuant to s. 316.1001, a traffic enforcement officer may deposit the original traffic citation or, in the case of a traffic enforcement agency that has an automated citation system, may provide by an electronic transmission a replica of the citation data to a court having jurisdiction over the alleged offense or with its traffic violations bureau within 45 days after the date of issuance of the citation to the violator. If the person cited for the violation of s. 316.1001 makes the election provided by s. 318.14(12) and pays the $25 fine, or such other amount as imposed by the governmental entity owning the applicable toll facility, plus the amount of the unpaid toll that is shown on the traffic citation directly to the governmental entity that issued the citation, or on whose behalf the citation was issued, in accordance with s. 318.14(12), the traffic citation will not be submitted to the court, the disposition will be reported to the department by the governmental entity that issued the citation, or on whose behalf the citation was issued, and no points will be assessed against the person’s driver license. (c) If a traffic citation is issued under s. 316.0083, the traffic infraction enforcement officer shall provide by electronic transmission a replica of the traffic citation data to the court having jurisdiction over the alleged offense or its traffic violations bureau within 5 days after the date of issuance of the traffic citation to the violator. If a hearing is requested, the traffic infraction enforcement officer shall provide a replica of the traffic notice of violation data to the clerk for the local hearing officer having jurisdiction over the alleged offense within 14 days. (4) The chief administrative officer of every traffic enforcement agency shall require the return to him or her of the officer-agency copy of every traffic citation issued by an officer under the chief administrative officer’s supervision to an alleged violator of any traffic Florida Traffic Statutes 321 law or ordinance and all copies of every traffic citation that has been spoiled or upon which any entry has been made and not issued to an alleged violator. In the case of a traffic enforcement agency that has an automated citation issuance system, the chief administrative officer shall require the return of all electronic traffic citation records. (5) Upon the deposit of the original traffic citation or upon an electronic transmission of a replica of citation data of the traffic citation with respect to traffic enforcement agencies that have an automated citation issuance system with a court having jurisdiction over the alleged offense or with its traffic violations bureau, the original citation, the electronic citation containing a replica of citation data, or a copy of such traffic citation may be disposed of only by trial in the court or other official action by a judge of the court, including forfeiture of the bail, or by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer. (6) The chief administrative officer shall transmit, on a form approved by the department, within 5 days after submission of the original, groups of issued citations and transmittal data to the court. Batches of electronic citations containing a replica of citation data may be transmitted to the court in an electronic fashion, in a format prescribed by the department within 5 days after issuance to the violator. (7) The chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his or her supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation or electronic citation was deposited. (8) It is unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein. (9) Such citations shall not be admissible evidence in any trial, except when used as evidence of falsification, forgery, uttering, fraud, or perjury, or when used as physical evidence resulting from a forensic examination of the citation. (10) If a uniform traffic citation has not been issued with respect to a criminal traffic offense, or with respect to an offense that requires mandatory revocation of the driver license or driving privilege pursuant to s. 322.26 upon conviction of such offense, and the prosecution is by affidavit, information, or indictment, the prosecutor shall direct the arresting officer to prepare a citation. In the absence of an arresting officer, the prosecutor shall prepare the citation. For the purpose of this subsection, the term “arresting officer” means the law enforcement officer who apprehended or took into custody the alleged offender. (11) Uniform traffic citations issued by a law enforcement officer, and all information contained therein, including, but not limited to, the name of the person issued the citation, and the person’s address, height, weight, and date of birth shall not be used for commercial solicitation purposes; provided, however, that the use of information contained in a uniform traffic citation for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as a commercial purpose. 316.655 Penalties. (1) A violation of any of the provisions of this chapter, except those violations with a specific criminal charge, as enumerated in s. 318.17, are infractions, as defined in s. 318.13(3). Except for violations of s. 316.302, infractions of this chapter are punishable as provided in chapter 318. Any person convicted of a violation of or otherwise found to be in violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or s. 316.550 shall be punished as specifically provided in that section. (2) A driver convicted of a violation of any offense prohibited by this chapter or any other law of this state regulating motor vehicles, which resulted in an accident, may have his or her driving privileges revoked or suspended by the court if the court finds such revocation or suspension warranted by the totality of the circumstances resulting in the conviction and the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the highways of the state. In determining whether suspension or revocation is appropriate, the court shall consider all pertinent factors, including, but not limited to, such factors as the extent and nature of the driver’s violation of this chapter, the number of persons killed or injured as the result of the driver’s violation of this chapter, and the extent of any property damage resulting from the driver’s violation of this chapter.. Florida Traffic Statutes 322 316.80 Unlawful conveyance of fuel; obtaining fuel fraudulently. (1) It is unlawful for any person to maintain, or possess any conveyance or vehicle that is equipped with, fuel tanks, bladders, drums, or other containers that do not conform to 49 C.F.R. or have not been approved by the United States Department of Transportation for the purpose of hauling, transporting, or conveying motor or diesel fuel over any public highway. Any person who violates any provision of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and, in addition, is subject to the revocation of driver license privileges as provided in s. 322.26. (2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she has attempted to or has fraudulently obtained motor or diesel fuel by: (a) Presenting a credit card or a credit card account number in violation of ss. 817.57-817.685; (b) Using unauthorized access to any computer network in violation of s. 815.06; or (c) Using a fraudulently scanned or lost or stolen payment access device, whether credit card or contactless device. (3) All conveyances or vehicles, fuel tanks, related fuel, and other equipment described in subsection (1) shall be subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act. (4) The law enforcement agency that seizes the motor or diesel fuel under this section shall remove and reclaim, recycle, or dispose of all associated motor or diesel fuel as soon as practicable in a safe and proper manner from the illegal containers. (5) Upon conviction of the person arrested for the violation of any of the provisions of this section, the judge shall issue an order adjudging and declaring that all fuel tanks and other equipment used in violation of this section shall be forfeited and directing their destruction, with the exception of the conveyance or vehicle. (6) Any person convicted of a violation of this section shall be responsible for: (a) All reasonable costs incurred by the investigating law enforcement agency, including costs for the towing and storage of the conveyance or vehicle, the removal and disposal of the motor or diesel fuel, and the storage and destruction of all fuel tanks and other equipment described and used in violation of subsection (1); and (b) Payment for the fuel to the party from whom any associated motor or diesel fuel was fraudulently obtained. (7) This section does not apply to containers of 8 gallons or less. 316.85 Autonomous vehicles; operation. (1) A person who possesses a valid driver license may operate an autonomous vehicle in autonomous mode on roads in this state if the vehicle is equipped with autonomous technology, as defined in s. 316.003. (2) For purposes of this chapter, unless the context otherwise requires, a person shall be deemed to be the operator of an autonomous vehicle operating in autonomous mode when the person causes the vehicle’s autonomous technology to engage, regardless of whether the person is physically present in the vehicle while the vehicle is operating in autonomous mode. CHAPTER 318 DISPOSITION OF TRAFFIC INFRACTIONS 318.13 Definitions. The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1) "Department" means Department of Highway Safety and Motor Vehicles, defined in s. 20.24, or the appropriate division thereof. (2) "Suspension" means that a licensee's privilege to drive a motor vehicle is temporarily withdrawn. (3) "Infraction" means a noncriminal violation that may require community service hours under s. 316.027(4), but is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel. (4) "Official" means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions. (5) "Officer" means any law enforcement officer charged with and acting under his or her authority to arrest persons suspected of, or known to be, violating statutes or ordinances regulating traffic or the operation or equipment of vehicles. "Officer" includes any individual employed by a sheriff's department or the police department of a chartered municipality who is acting as a traffic infraction enforcement officer as provided in s. 316.640. 318.14 Noncriminal traffic infractions; Florida Traffic Statutes 323 exception; procedures. (1) Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction and must be cited for such an infraction and cited to appear before an official. If another person dies as a result of the noncriminal infraction, the person cited may be required to perform 120 community service hours under s. 316.027(4), in addition to any other penalties. (2) Except as provided in ss. 316.1001(2) and 316.0083, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. For all other infractions under this section, except for infractions under s. 316.1001, the officer must certify by electronic, electronic facsimile, or written signature that the citation was delivered to the person cited. This certification is prima facie evidence that the person cited was served with the citation. (3) Any person who willfully refuses to accept and sign a summons as provided in subsection (2) commits a misdemeanor of the second degree. (4) (a) Except as provided in subsection (12), any person charged with a noncriminal infraction under this section who does not elect to appear shall, within 30 days after the date of issuance of the citation: 1. Pay the civil penalty and delinquent fee, if applicable, either by mail or in person; or 2. Enter into a payment plan in accordance with s. 28.246 with the clerk of the court to pay the civil penalty and delinquent fee, if applicable. (b) If the person cited follows the procedures in paragraph (a), he or she shall be deemed to have admitted the infraction and to have waived his or her right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. Any person who is cited for a violation of s. 320.0605 or s. 322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b) or s. 322.065, and who makes an election under this subsection shall submit proof of compliance with the applicable section to the clerk of the court. For the purposes of this subsection, proof of compliance consists of a valid driver license or a valid registration certificate. (5) Any person electing to appear before the designated official or who is required so to appear shall be deemed to have waived his or her right to the civil penalty provisions of s. 318.18. The official, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the official may impose a civil penalty not to exceed $500, except that in cases involving unlawful speed in a school zone or involving unlawful speed in a construction zone, the civil penalty may not exceed $1,000; or require attendance at a driver improvement school, or both. If the person is required to appear before the designated official pursuant to s. 318.19(1) and is found to have committed the infraction, the designated official shall impose a civil penalty of $1,000 in addition to any other penalties and the person’s driver license shall be suspended for 6 months. If the person is required to appear before the designated official pursuant to s. 318.19(2) and is found to have committed the infraction, the designated official shall impose a civil penalty of $500 in addition to any other penalties and the person’s driver license shall be suspended for 3 months. If the official determines that no infraction has been committed, no costs or penalties shall be imposed and any costs or penalties that have been paid shall be returned. Moneys received from the mandatory civil penalties imposed pursuant to this subsection upon persons required to appear before a designated official pursuant to s. 318.19(1) or (2) shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout the state. Funds deposited into the Emergency Medical Services Trust Fund under this section shall be allocated as follows: (a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services. (b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma Florida Traffic Statutes 324 centers based on each center’s relative volume of trauma cases as reported in the Department of Health Trauma Registry. (6) The commission of a charged infraction at a hearing under this chapter must be proved beyond a reasonable doubt. (7) (a) The official having jurisdiction over the infraction shall certify to the department within 10 days after payment of the civil penalty that the defendant has admitted to the infraction. If the charge results in a hearing, the official having jurisdiction shall certify to the department the final disposition within 10 days after the hearing. All dispositions returned to the county requiring a correction shall be resubmitted to the department within 10 days after the notification of the error. (b) If the official having jurisdiction over the traffic infraction submits the final disposition to the department more than 180 days after the final hearing or after payment of the civil penalty, the department may modify any resulting suspension or revocation action to begin as if the citation were reported in a timely manner. (8) When a report of a determination or admission of an infraction is received by the department, it shall proceed to enter the proper number of points on the licensee’s driving record in accordance with s. 322.27. (9) Any person who does not hold a commercial driver license or commercial learner’s permit and who is cited while driving a noncommercial motor vehicle for an infraction under this section other than a violation of s. 316.183(2), s. 316.187, or s. 316.189 when the driver exceeds the posted limit by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court appearance, elect to attend in the location of his or her choice within this state a basic driver improvement course approved by the Department of Highway Safety and Motor Vehicles. In such a case, adjudication must be withheld and points, as provided by s. 322.27, may not be assessed. However, a person may not make an election under this subsection if the person has made an election under this subsection in the preceding 12 months. A person may not make more than five elections within his or her lifetime under this subsection. The requirement for community service under s. 318.18(8) is not waived by a plea of nolo contendere or by the withholding of adjudication of guilt by a court. If a person makes an election to attend a basic driver improvement course under this subsection, 18 percent of the civil penalty imposed under s. 318.18(3) shall be deposited in the State Courts Revenue Trust Fund; however, that portion is not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35. (10) (a) Any person who does not hold a commercial driver license or commercial learner’s permit and who is cited while driving a noncommercial motor vehicle for an offense listed under this subsection may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld; however, a person may not make an election under this subsection if the person has made an election under this subsection in the preceding 12 months. A person may not make more than three elections under this subsection. This subsection applies to the following offenses: 1. Operating a motor vehicle without a valid driver license in violation of s. 322.03, s. 322.065, or s. 322.15(1), or operating a motor vehicle with a license that has been suspended for failure to appear, failure to pay civil penalty, or failure to attend a driver improvement course pursuant to s. 322.291. 2. Operating a motor vehicle without a valid registration in violation of s. 320.0605, s. 320.07, or s. 320.131. 3. Operating a motor vehicle in violation of s. 316.646. 4. Operating a motor vehicle with a license that has been suspended under s. 61.13016 or s. 322.245 for failure to pay child support or for failure to pay any other financial obligation as provided in s. 322.245; however, this subparagraph does not apply if the license has been suspended pursuant to s. 322.245(1). 5. Operating a motor vehicle with a license that has been suspended under s. 322.091 for failure to meet school attendance requirements. (b) Any person cited for an offense listed in this subsection shall present proof of compliance before the scheduled court appearance date. For the purposes of this subsection, proof of compliance shall consist of a valid, renewed, or reinstated driver license or registration certificate and Florida Traffic Statutes 325 proper proof of maintenance of security as required by s. 316.646. Notwithstanding waiver of fine, any person establishing proof of compliance shall be assessed court costs of $25, except that a person charged with violation of s. 316.646(1)-(3) may be assessed court costs of $8. One dollar of such costs shall be remitted to the Department of Revenue for deposit into the Child Welfare Training Trust Fund of the Department of Children and Families. One dollar of such costs shall be distributed to the Department of Juvenile Justice for deposit into the Juvenile Justice Training Trust Fund. Fourteen dollars of such costs shall be distributed to the municipality and $9 shall be deposited by the clerk of the court into the fine and forfeiture fund established pursuant to s. 142.01, if the offense was committed within the municipality. If the offense was committed in an unincorporated area of a county or if the citation was for a violation of s. 316.646(1)-(3), the entire amount shall be deposited by the clerk of the court into the fine and forfeiture fund established pursuant to s. 142.01, except for the moneys to be deposited into the Child Welfare Training Trust Fund and the Juvenile Justice Training Trust Fund. This subsection does not authorize the operation of a vehicle without a valid driver license, without a valid vehicle tag and registration, or without the maintenance of required security. (11) If adjudication is withheld for any person charged or cited under this section, such action is not a conviction. (12) Any person cited for a violation of s. 316.1001 may, in lieu of making an election as set forth in subsection (4), elect to pay a fine of $25, or such other amount as imposed by the governmental entity owning the applicable toll facility, plus the amount of the unpaid toll that is shown on the traffic citation directly to the governmental entity that issued the citation, or on whose behalf the citation was issued, within 30 days after the date of issuance of the citation. Any person cited for a violation of s. 316.1001 who does not elect to pay the fine imposed by the governmental entity owning the applicable toll facility plus the amount of the unpaid toll that is shown on the traffic citation directly to the governmental entity that issued the citation, or on whose behalf the citation was issued, as described in this subsection shall have an additional 45 days after the date of the issuance of the citation in which to request a court hearing or to pay the civil penalty and delinquent fee, if applicable, as provided in s. 318.18(7), either by mail or in person, in accordance with subsection (4). (13) (a) A person cited for a violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). (b) A person cited for a second violation of s. 316.1926 shall, in addition to any other requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine required under s. 318.18(3)(b), if the person was cited for violation of s. 316.1926(2). In addition, the court shall revoke the person’s authorization and privilege to operate a motor vehicle for a period of 1 year and order the person to surrender his or her driver license. (c) A person cited for a third violation of s. 316.1926 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to operate a motor vehicle for a period of 10 years, and order the person to surrender his or her driver license. 318.15 Failure to comply with civil penalty or to appear; penalty. (1) (a) If a person fails to comply with the civil penalties provided in s. 318.18 within the time period specified in s. 318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the clerk of the court in accordance with ss. 318.14 and 28.246, fails to attend driver improvement school, or fails to appear at a scheduled hearing, the clerk of the court shall notify the Department of Highway Safety and Motor Vehicles of such failure within 10 days after such failure. Upon receipt of such notice, the department shall immediately issue an order suspending the driver license and privilege to drive of such person effective 20 days after the date the order of suspension is mailed in accordance with s. 322.251(1), (2), and (6). Any such suspension of the driving privilege which has not been reinstated, including a similar suspension imposed outside Florida, shall remain on the records of the department for a period of 7 years from the date imposed and shall be removed from the records after the expiration of 7 years from the date it is imposed. The department may not accept Florida Traffic Statutes 326 the resubmission of such suspension. (b) However, a person who elects to attend driver improvement school and has paid the civil penalty as provided in s. 318.14(9), but who subsequently fails to attend the driver improvement school within the time specified by the court shall be deemed to have admitted the infraction and shall be adjudicated guilty. In such a case in which there was an 18-percent reduction pursuant to s. 318.14(9) a s i t e x i s t e d before February 1, 2009, the person must pay the clerk of the court that amount and a processing fee of up to $18, after which no additional penalties, court costs, or surcharges shall be imposed for the violation. In all other such cases, the person must pay the clerk a processing fee of up to $18, after which no additional penalties, court costs, or surcharges shall be imposed for the violation. The clerk of the court shall notify the department of the person’s failure to attend driver improvement school and points shall be assessed pursuant to s. 322.27. (c) A person who is charged with a traffic infraction may request a hearing within 180 days after the date upon which the violation occurred, regardless of any action taken by the court or the department to suspend the person’s driving privilege, and, upon request, the clerk must set the case for hearing. The person shall be given a form for requesting that his or her driving privilege be reinstated. If the 180th day after the date upon which the violation occurred is a Saturday, Sunday, or legal holiday, the person who is charged must request a hearing within 177 days after the date upon which the violation occurred; however, the court may grant a request for a hearing made more than 180 days after the date upon which the violation occurred. This paragraph does not affect the assessment of late fees as otherwise provided in this chapter. (2) After the suspension of a person’s driver license and privilege to drive under subsection (1), the license and privilege may not be reinstated until the person complies with the terms of a periodic payment plan or a revised payment plan with the clerk of the court pursuant to ss. 318.14 and 28.246 or with all obligations and penalties imposed under s. 318.18 and presents to a driver license office a certificate of compliance issued by the court, together with a nonrefundable service charge of $60 imposed under s. 322.29, or presents a certificate of compliance and pays the service charge to the clerk of the court or a driver licensing agent authorized under s. 322.135 clearing such suspension. Of the charge collected, $22.50 shall be remitted to the Department of Revenue to be deposited into the Highway Safety Operating Trust Fund. Such person must also be in compliance with requirements of chapter 322 before reinstatement. (3) The clerk shall notify the department of persons who were mailed a notice of violation of s. 316.074(1) or s. 316.075(1)(c) pursuant to s. 316.0083 and who failed to enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to the local hearing officer or failed to appear at a scheduled hearing within 10 days after such failure, and shall reference the person’s driver license number, or in the case of a business entity, vehicle registration number. (a) Upon receipt of such notice, the department, or authorized agent thereof, may not issue a license plate or revalidation sticker for any motor vehicle owned or coowned by that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid. (b) After the issuance of the person’s license plate or revalidation sticker is withheld pursuant to paragraph (a), the person may challenge the withholding of the license plate or revalidation sticker only on the basis that the outstanding fines and civil penalties have been paid pursuant to s. 320.03(8). 318.17 Offenses excepted. No provision of this chapter is available to a person who is charged with any of the following offenses: (1) Fleeing or attempting to elude a police officer, in violation of s. 316.1935; (2) Leaving the scene of a crash, in violation of ss. 316.027 and 316.061; (3) Driving, or being in actual physical control of, any vehicle while under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, in violation of s. 316.193, or driving with an unlawful blood-alcohol level; (4) Reckless driving, in violation of s. 316.192; (5) Making false crash reports, in violation of s. 316.067; (6) Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department, in Florida Traffic Statutes 327 violation of s. 316.072(3); (7) Obstructing an officer, in violation of s. 316.545(1); or (8) Any other offense in chapter 316 which is classified as a criminal violation. 318.18 Amount of penalties. The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (1) Fifteen dollars for: (a)All infractions of pedestrian regulations. (b) All infractions of s. 316.2065, unless otherwise specified. (c) Other violations of chapter 316 by persons 14 years of age or under who are operating bicycles, regardless of the noncriminal traffic infraction’s classification. (2) Thirty dollars for all nonmoving traffic violations and: (a) For all violations of s. 322.19. (b) For all violations of ss. 320.0605, 320.07(1), 322.065, and 322.15(1). Any person who is cited for a violation of s. 320.07(1) shall be charged a delinquent fee pursuant to s. 320.07(4). 1. If a person who is cited for a violation of s. 320.0605 or s. 320.07 can show proof of having a valid registration at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. A person who finds it impossible or impractical to obtain a valid registration certificate must submit an affidavit detailing the reasons for the impossibility or impracticality. The reasons may include, but are not limited to, the fact that the vehicle was sold, stolen, or destroyed; that the state in which the vehicle is registered does not issue a certificate of registration; or that the vehicle is owned by another person. 2. If a person who is cited for a violation of s. 322.03, s. 322.065, or s. 322.15 can show a driver license issued to him or her and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. 3. If a person who is cited for a violation of s. 316.646 can show proof of security as required by s. 627.733, issued to the person and valid at the time of arrest, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. A person who finds it impossible or impractical to obtain proof of security must submit an affidavit detailing the reasons for the impracticality. The reasons may include, but are not limited to, the fact that the vehicle has since been sold, stolen, or destroyed; that the owner or registrant of the vehicle is not required by s. 627.733 to maintain personal injury protection insurance; or that the vehicle is owned by another person. (c) For all violations of ss. 316.2935 and 316.610. However, for a violation of s. 316.2935 or s. 316.610, if the person committing the violation corrects the defect and obtains proof of such timely repair by an affidavit of compliance executed by the law enforcement agency within 30 days from the date upon which the traffic citation was issued, and pays $4 to the law enforcement agency, thereby completing the affidavit of compliance, then upon presentation of said affidavit by the defendant to the clerk within the 30-day time period set forth under s. 318.14(4), the fine must be reduced to $10, which the clerk of the court shall retain. (d) For all violations of s. 316.126(1)(b), unless otherwise specified. (3) (a) Except as otherwise provided in this section, $60 for all moving violations not requiring a mandatory appearance. (b) For moving violations involving unlawful speed, the fines are as follows: For speed exceeding the limit by: Fine: 1-5 m.p.h . . . . . . . . . . . . . . . . . . . Warning 6-9 m.p.h . . . . . . . . . . . . . . . . . . . . . . . $25 10-14 m.p.h . . . . . . . . . . . . . . . . . . . . $100 15-19 m.p.h . . . . . . . . . . . . . . . . . . . . $150 20-29 m.p.h . . . . . . . . . . . . . . . . . . . . $175 30 m.p.h. and above .............. $250 (c) Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted school zone will be fined $50. A person exceeding the speed limit in a school zone or designated school crossing shall pay a fine double the amount listed in paragraph (b). (d) A person cited for exceeding the speed limit in a posted construction zone, which posting must include notification of the speed limit and the doubling of fines, shall pay a fine double the amount listed in paragraph (b). The fine shall be doubled for construction zone violations only if construction personnel are present or operating equipment on the road or immediately adjacent to the road under construction. (e) A person cited for exceeding the speed limit in an enhanced penalty zone shall pay a fine amount of $50 plus the amount listed Florida Traffic Statutes 328 in paragraph (b). Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted enhanced penalty zone shall pay a fine amount of $50. (f) If a violation of s. 316.1301 or s. 316.1303(1) results in an injury to the pedestrian or damage to the property of the pedestrian, an additional fine of up to $250 shall be paid. This amount must be distributed pursuant to s. 318.21. (g) A person cited for exceeding the speed limit within a zone posted for any electronic or manual toll collection facility shall pay a fine double the amount listed in paragraph (b). However, no person cited for exceeding the speed limit in any toll collection zone shall be subject to a doubled fine unless the governmental entity or authority controlling the toll collection zone first installs a traffic control device providing warning that speeding fines are doubled. Any such traffic control device must meet the requirements of the uniform system of traffic control devices. (h) A person cited for a second or subsequent conviction of speed exceeding the limit by 30 miles per hour and above within a 12-month period shall pay a fine that is double the amount listed in paragraph (b). For purposes of this paragraph, the term “conviction” means a finding of guilt as a result of a jury verdict, nonjury trial, or entry of a plea of guilty. Moneys received from the increased fine imposed by this paragraph shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers to assure the availability and accessibility of trauma services throughout the state. Funds deposited into the Emergency Medical Services Trust Fund under this section shall be allocated as follows: 1. Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services. 2. Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center’s relative volume of trauma cases as reported in the Department of Health Trauma Registry. (4) The penalty imposed under s. 316.545 shall be determined by the officer in accordance with the provisions of ss. 316.535 and 316.545. (5) (a) One hundred dollars for a violation of s. 316.172(1)(a), failure to stop for a school bus. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $100. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 90 days and not more than 6 months. (b) Two hundred dollars for a violation of s. 316.172(1)(b), passing a school bus on the side that children enter and exit when the school bus displays a stop signal. If, at a hearing, the alleged offender is found to have committed this offense, the court shall impose a minimum civil penalty of $200. In addition to this penalty, for a second or subsequent offense within a period of 5 years, the department shall suspend the driver license of the person for not less than 180 days and not more than 1 year. (c) In addition to the penalty under paragraph (a) or paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b). If the alleged offender is found to have committed the offense, the court shall impose the civil penalty under paragraph (a) or paragraph (b) plus an additional $65. The additional $65 collected under this paragraph shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s. 395.4036. (d) Notwithstanding any other provision of law to the contrary, $1,500 for a violation of s. 316.172(1)(a) or (b) that causes or results in serious bodily injury to or death of another. The person may enter into a payment plan with the clerk of court pursuant to s. 28.246. In addition to this penalty, the department shall suspend the driver license of the person for not less than 1 year. (6) One hundred dollars or the fine amount designated by county ordinance, plus court costs for illegally parking, under s. 316.1955, in a parking space provided for people who have disabilities. However, this fine shall be waived if a person provides to the law enforcement agency or parking enforcement specialist or agency that issued the citation for such a violation proof that the person committing the violation has a valid parking permit or license plate issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845, or s. 320.0848 or a Florida Traffic Statutes 329 signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred, and that such a parking permit or license plate was valid at the time the violation occurred. The law enforcement officer or agency or the parking enforcement specialist or agency, upon determining that all required documentation has been submitted verifying that the required parking permit or license plate was valid at the time of the violation, must sign an affidavit of compliance. Upon provision of the affidavit of compliance and payment of a dismissal fee of up to $7.50 to the clerk of the circuit court, the clerk shall dismiss the citation. However, the clerk may designate a local governmental entity to receive the affidavit and dismissal fee, and the local governmental entity may keep the fee. (7) Mandatory $100 fine for each violation of s. 316.1001 plus the amount of the unpaid toll shown on the traffic citation for each citation issued. The clerk of the court shall forward $25 of the $100 fine received, plus the amount of the unpaid toll that is shown on the citation, to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. However, a person may elect to pay $30 to the clerk of the court, plus the amount of the unpaid toll that is shown on the citation, in which case adjudication is withheld, and no points may be assessed under s. 322.27. Upon receipt of the $30 and unpaid toll amount, the clerk of the court shall retain $5 for administrative purposes and shall forward the remaining $25, plus the amount of the unpaid toll shown on the citation, to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. Additionally, adjudication shall be withheld and no points shall be assessed under s. 322.27, except when adjudication is imposed by the court after a hearing pursuant to s. 318.14(5). If a plea arrangement is reached prior to the date set for a scheduled evidentiary hearing and, as a result of the plea, adjudication is withheld, there shall be a mandatory fine assessed per citation of not less than $50 and not more than $100, plus the amount of the unpaid toll for each citation issued. The clerk of the court shall forward $25 of the fine imposed plus the amount of the unpaid toll that is shown on the citation to the governmental entity that issued the citation for citations issued by toll enforcement officers or to the entity administering the tolls at the facility where the violation occurred for citations issued by law enforcement officers. The court shall have specific authority to consolidate issued citations for the same defendant for the purpose of sentencing and aggregate jurisdiction. In addition, the court may direct the department to suspend for 60 days the driver license of a person who is convicted of 10 violations of s. 316.1001 within a 36-month period. Any funds received by a governmental entity for this violation may be used for any lawful purpose related to the operation or maintenance of a toll facility. (8) (a) Any person who fails to comply with the court’s requirements or who fails to pay the civil penalties specified in this section within the 30-day period provided for in s. 318.14 must pay an additional civil penalty of $16, $6.50 of which must be remitted to the Department of Revenue for deposit in the General Revenue Fund, and $9.50 of which must be remitted to the Department of Revenue for deposit in the Highway Safety Operating Trust Fund. Of this additional civil penalty of $16, $4 is not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35. The department shall contract with the Florida Association of Court Clerks, Inc., to design, establish, operate, upgrade, and maintain an automated statewide Uniform Traffic Citation Accounting System to be operated by the clerks of the court which shall include, but not be limited to, the accounting for traffic infractions by type, a record of the disposition of the citations, and an accounting system for the fines assessed and the subsequent fine amounts paid to the clerks of the court. On or before December 1, 2001, the clerks of the court must provide the information required by this chapter to be transmitted to the department by electronic transmission pursuant to the contract. (b) 1 a. If a person has been ordered to pay a civil penalty for a noncriminal traffic infraction and the person is unable to comply with the court’s order due to demonstrable financial hardship, the court shall allow the person to satisfy the civil Florida Traffic Statutes 330 penalty by participating in community service until the civil penalty is paid. b. If a court orders a person to perform community service, the person shall receive credit for the civil penalty at the specified hourly credit rate per hour of community service performed, and each hour of community service performed shall reduce the civil penalty by that amount. 2. a. As used in this paragraph, the term “specified hourly credit rate” means the wage rate that is specified in 29 U.S.C. s. 206(a)(1) under the federal Fair Labor Standards Act of 1938, that is then in effect, and that an employer subject to such provision must pay per hour to each employee subject to such provision. b. However, if a person ordered to perform community service has a trade or profession for which there is a community service need, the specified hourly credit rate for each hour of community service performed by that person shall be the average prevailing wage rate for the trade or profession that the community service agency needs. 3. a. The community service agency supervising the person shall record the number of hours of community service completed and the date the community service hours were completed. The community service agency shall submit the data to the clerk of court on the letterhead of the community service agency, which must also bear the notarized signature of the person designated to represent the community service agency. b. When the number of community service hours completed by the person equals the amount of the civil penalty, the clerk of court shall certify this fact to the court. Thereafter, the clerk of court shall record in the case file that the civil penalty has been paid in full. 4. As used in this paragraph, the term: a. “Community service” means uncompensated labor for a community service agency. b. “Community service agency” means a not-for-profit corporation, community organization, charitable organization, public officer, the state or any political subdivision of the state, or any other body the purpose of which is to improve the quality of life or social welfare of the community and which agrees to accept community service from persons unable to pay civil penalties for noncriminal traffic infractions. (c) If the noncriminal infraction has caused or resulted in the death of another, the person who committed the infraction may perform 120 community service hours under s. 316.027(4), in addition to any other penalties. (9) One hundred dollars for a violation of s. 316.1575. (10) Twenty-five dollars for a violation of s. 316.2074. (11) (a) In addition to the stated fine, court costs must be paid in the following amounts and shall be deposited by the clerk into the fine and forfeiture fund established pursuant to s. 142.01: For pedestrian infractions . . . . . . . . . . . $4. For nonmoving traffic infractions .... $18. For moving traffic infractions . . . . . . . $35. (b) In addition to the court cost required under paragraph (a), up to $3 for each infraction shall be collected and distributed by the clerk in those counties that have been authorized to establish a criminal justice selection center or a criminal justice access and assessment center pursuant to the following special acts of the Legislature: 1. Chapter 87-423, Laws of Florida, for Brevard County. 2. Chapter 89-521, Laws of Florida, for Bay County. 3. Chapter 94-444, Laws of Florida, for Alachua County. 4. Chapter 97-333, Laws of Florida, for Pinellas County. Funds collected by the clerk pursuant to this paragraph shall be distributed to the centers authorized by those special acts. (c) In addition to the court cost required under paragraph (a), a $2.50 court cost must be paid for each infraction to be distributed by the clerk to the county to help pay for criminal justice education and training programs pursuant to s. 938.15. Funds from the distribution to the county not directed by the county to fund these centers or programs shall be retained by the clerk and used for funding the court-related services of the clerk. (d) In addition to the court cost required under paragraph (a), a $3 court cost must be paid for each infraction to be distributed as provided in s. 938.01 and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county. (12) Two hundred dollars for a violation of s. 316.520(1) or (2). If, at a hearing, the alleged offender is found to have committed Florida Traffic Statutes 331 this offense, the court shall impose a minimum civil penalty of $200. For a second or subsequent adjudication within a period of 5 years, the department shall suspend the driver license of the person for not less than 1 year and not more than 2 years. (13) (a) In addition to any penalties imposed for noncriminal traffic infractions pursuant to this chapter or imposed for criminal violations listed in s. 318.17, a board of county commissioners or any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the Constitution of 1968: 1. May impose by ordinance a surcharge of up to $30 for any infraction or violation to fund state court facilities. The court shall not waive this surcharge. Up to 25 percent of the revenue from such surcharge may be used to support local law libraries provided that the county or unit of local government provides a level of service equal to that provided prior to July 1, 2004, which shall include the continuation of library facilities located in or near the county courthouse or any annex to the courthouse. 2. May, if such board or unit imposed increased fees or service charges by ordinance under s. 28.2401, s. 28.241, or s. 34.041 for the purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to finance state court facilities, impose by ordinance a surcharge for any infraction or violation for the exclusive purpose of securing payment of the principal and interest on bonds issued by the county before July 1, 2003, to fund state court facilities until the date of stated maturity. The court shall not waive this surcharge. Such surcharge may not exceed an amount per violation calculated as the quotient of the maximum annual payment of the principal and interest on the bonds as of July 1, 2003, divided by the number of traffic citations for county fiscal year 2002-2003 certified as paid by the clerk of the court of the county. Such quotient shall be rounded up to the next highest dollar amount. The bonds may be refunded only if savings will be realized on payments of debt service and the refunding bonds are scheduled to mature on the same date or before the bonds being refunded. Notwithstanding any of the foregoing provisions of this subparagraph that limit the use of surcharge revenues, if the revenues generated as a result of the adoption of this ordinance exceed the debt service on the bonds, the surplus revenues may be used to pay down the debt service on the bonds; fund other state-court-facility construction projects as may be certified by the chief judge as necessary to address unexpected growth in caseloads, emergency requirements to accommodate public access, threats to the safety of the public, judges, staff, and litigants, or other exigent circumstances; or support local law libraries in or near the county courthouse or any annex to the courthouse. 3. May impose by ordinance a surcharge for any infraction or violation for the exclusive purpose of securing payment of the principal and interest on bonds issued by the county on or after July 1, 2009, to fund state court facilities until the stated date of maturity. The court may not waive this surcharge. The surcharge may not exceed an amount per violation calculated as the quotient of the maximum annual payment of the principal and interest on the bonds, divided by the number of traffic citations certified as paid by the clerk of the court of the county on August 15 of each year. The quotient shall be rounded up to the next highest dollar amount. The bonds may be refunded if savings are realized on payments of debt service and the refunding bonds are scheduled to mature on or before the maturity date of the bonds being refunded. If the revenues generated as a result of the adoption of the ordinance exceed the debt service on the bonds, the surplus revenues may be used to pay the debt service on the bonds; to fund other state court facility construction projects certified by the chief judge as necessary to address unexpected growth in caseloads, emergency requirements to accommodate public access, threats to the safety of the public, judges, staff, and litigants, or other exigent circumstances; or to support local law libraries in or near the county courthouse or any annex to the courthouse. (b) A county may impose a surcharge under subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3., but may not impose more than one surcharge under this subsection. A county may elect to impose a Florida Traffic Statutes 332 different authorized surcharge but may not impose more than one surcharge at a time. The clerk of court shall report, no later than 30 days after the end of the quarter, the amount of funds collected under this subsection during each quarter of the fiscal year. The clerk shall submit the report, in an electronic format developed by the Florida Clerks of Court Operations Corporation, to the chief judge of the circuit and to the Florida Clerks of Court Operations Corporation. The corporation shall submit the report in an electronic format to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the board of county commissioners. (14) In addition to any penalties imposed for noncriminal traffic infractions under this chapter or imposed for criminal violations listed in s. 318.17, any unit of local government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and that is granted the authority in the State Constitution to exercise all the powers of a municipal corporation, and any unit of local government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, that is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities, may impose by ordinance a surcharge of up to $15 for any infraction or violation. Revenue from the surcharge shall be transferred to such unit of local government for the purpose of replacing fine revenue deposited into the clerk’s fine and forfeiture fund under s. 142.01. The court may not waive this surcharge. Proceeds from the imposition of the surcharge authorized in this subsection shall not be used for the purpose of securing payment of the principal and interest on bonds. (15) (a) 1. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a law enforcement officer. Sixty dollars shall be distributed as provided in s. 318.21, $30 shall be distributed to the General Revenue Fund, $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and the remaining $65 shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health. 2. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by the department’s traffic infraction enforcement officer. One hundred dollars shall be remitted to the Department of Revenue for deposit into the General Revenue Fund, $45 shall be distributed to the county for any violations occurring in any unincorporated areas of the county or to the municipality for any violations occurring in the incorporated boundaries of the municipality in which the infraction occurred, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund for distribution as provided in s. 395.4036(1), and $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund. 3. One hundred and fifty-eight dollars for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a county’s or municipality’s traffic infraction enforcement officer. Seventy-five dollars shall be distributed to the county or municipality issuing the traffic citation, $70 shall be remitted to the Department of Revenue for deposit into the General Revenue Fund, $10 shall be remitted to the Department of Revenue for deposit into the Department of Health Emergency Medical Services Trust Fund for distribution as provided in s. 395.4036(1), and $3 shall be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund. (b) Amounts deposited into the Brain and Spinal Cord Injury Trust Fund pursuant to this subsection shall be distributed quarterly to the Miami Project to Cure Paralysis and shall be used for brain and spinal cord research. (c) If a person who is mailed a notice of violation or cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as enforced by a traffic infraction enforcement officer under s. 316.0083, presents Florida Traffic Statutes 333 documentation from the appropriate governmental entity that the notice of violation or traffic citation was in error, the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of court or clerk to the local hearing officer may not charge for this service. (d) An individual may not receive a commission or per-ticket fee from any revenue collected from violations detected through the use of a traffic infraction detector. A manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected through the use of a traffic infraction detector. (e) Funds deposited into the Department of Health Emergency Medical Services Trust Fund under this subsection shall be distributed as provided in s. 395.4036(1). (16) One hundred dollars for a violation of s. 316.622(3) or (4), for a vehicle that fails to display a sticker authorizing it to transport migrant or seasonal farm workers or fails to display standardized notification instructions requiring passengers to fasten their seat belts. Two hundred dollars for a violation of s. 316.622(1) or (2), for operating a farm labor vehicle that fails to conform to vehicle safety standards or lacks seat belt assemblies at each passenger position. (17)In addition to any penalties imposed, a surcharge of $3 must be paid for all criminal offenses listed in s. 318.17 and for all noncriminal moving traffic violations under chapter 316. Revenue from the surcharge shall be remitted to the Department of Revenue and deposited quarterly into the State Agency Law Enforcement Radio System Trust Fund of the Department of Management Services for the state agency law enforcement radio system, as described in s. 282.709, and to provide technical assistance to state agencies and local law enforcement agencies with their statewide systems of regional law enforcement communications, as described in s. 282.7101. This subsection expires July 1, 2021. The Department of Management Services may retain funds sufficient to recover the costs and expenses incurred for managing, administering, and overseeing the Statewide Law Enforcement Radio System, and providing technical assistance to state agencies and local law enforcement agencies with their statewide systems of regional law enforcement communications. The Department of Management Services working in conjunction with the Joint Task Force on State Agency Law Enforcement Communications shall determine and direct the purposes for which these funds are used to enhance and improve the radio system. (18) In addition to any penalties imposed, an administrative fee of $12.50 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. Revenue from the administrative fee shall be deposited by the clerk of court into the fine and forfeiture fund established pursuant to s. 142.01. (19) In addition to any penalties imposed, an Article V assessment of $10 must be paid for all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. The assessment is not revenue for purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the court under that section or s. 28.35. Of the funds collected under this subsection: (a) The sum of $5 shall be deposited in the State Courts Revenue Trust Fund for use by the state courts system; (b) The sum of $3.33 shall be deposited in the State Attorneys Revenue Trust Fund for use by the state attorneys; and (c) The sum of $1.67 shall be deposited in the Public Defenders Revenue Trust Fund for use by the public defenders. (20) In addition to any other penalty, $65 for a violation of s. 316.191, prohibiting racing on highways, or s. 316.192, prohibiting reckless driving. The additional $65 collected under this subsection shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s. 395.4036. (21) Five hundred dollars for a violation of s. 316.1951 for a vehicle that is unlawfully displayed for sale, hire, or rental. Notwithstanding any other law to the contrary, fines collected under this subsection shall be retained by the governing authority that authorized towing of the vehicle. Fines collected by the department shall be deposited into the Highway Safety Operating Trust Fund. (22) In addition to the penalty prescribed under s. 316.0083 for violations enforced under s. 316.0083 which are upheld, the local hearing officer may also order the payment of county or municipal costs, not to exceed $250. 318.19 Infractions requiring a mandatory hearing. Any person cited for the infractions Florida Traffic Statutes 334 listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing: (1) Any infraction which results in a crash that causes the death of another; (2) Any infraction which results in a crash that causes "serious bodily injury" of another as defined in s. 316.1933(1); (3) Any infraction of s. 316.172(1)(b); (4) Any infraction of s. 316.520(1) or (2); or (5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 m.p.h. or more. 318.32 Jurisdiction; limitations. (1) Hearing officers shall be empowered to accept pleas from and decide the guilt or innocence of any person, adult or juvenile, charged with any civil traffic infraction and shall be empowered to adjudicate or withhold adjudication of guilt in the same manner as a county court judge under the statutes, rules, and procedures presently existing or as subsequently amended, except that hearing officers shall not: (a) Have the power to hold a defendant in contempt of court, but shall be permitted to file a motion for order of contempt with the appropriate state trial court judge; (b) Hear a case involving a crash resulting in injury or death; (c) Hear a criminal traffic offense case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense; or (d) Have the power to suspend or revoke a defendant's driver's license pursuant to s. 316.655(2). (2) This section does not prohibit a county court judge from exercising concurrent jurisdiction with a civil traffic hearing officer. (3) Upon the request of the defendant contained in a Notice of Appearance or a written plea, the case shall be assigned to a county court judge regularly assigned to hear traffic matters. 318.33 Appeals. Decisions of the hearing officer are appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the hearing officer and shall not be hearings de novo. Appellants are responsible for producing the record of the hearing beyond that which normally results from the civil traffic infraction hearing process. 318.34 Qualifications. Applicants for the position of hearing officer of the civil traffic court shall be members in good standing of The Florida Bar and shall have completed a 40-hour education and training program which has been approved by the Florida Supreme Court. Thereafter, hearing officers shall complete an approved 4-hour continuing education program annually. 318.35 Term of office. Hearing officers shall be independent contractors and may serve either full time or part time as determined by the chief judge. In either case, they shall serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and shall have no definite term of office. 318.36 Code of ethics. Hearing officers shall be subject to The Florida Bar Code of Professional Responsibility and not the Judicial Code of Ethics, except that they shall avoid practices or occupations that would constitute a conflict of interest or give the appearance of impropriety. Whether serving full time or part time, hearing officers shall be prohibited from representing clients or practicing before any other hearing officer of a civil traffic court or from representing any client appealing the decision of any other hearing officer. A civil traffic infractions hearing officer appointed under s. 318.30 shall have judicial immunity in the same manner and to the same extent as judges. CHAPTER 319 TITLE CERTIFICATES 319.30 Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; (1) As used in this section, the term: (a) “Certificate of destruction” means the certificate issued pursuant to s. 713.78(11) or s. 713.785(7)(a). (b) “Certificate of registration number” means the certificate of registration number issued by the Department of Revenue of the State of Florida pursuant to s. 538.25. (c) “Certificate of title” means a record that serves as evidence of ownership of a vehicle, whether such record is a paper certificate authorized by the department or by a motor vehicle department authorized to issue titles in another state or a certificate consisting of information stored in electronic form in the department’s database. (d) “Derelict” means any material which is or may have been a motor vehicle or mobile Florida Traffic Statutes 335 home, which is not a major part or major component part, which is inoperable, and which is in such condition that its highest or primary value is in its sale or transfer as scrap metal. (e) “Derelict motor vehicle” means: 1. Any motor vehicle as defined in s. 320.01(1) or mobile home as defined in s. 320.01(2), with or without all parts, major parts, or major component parts, which is valued under $1,000, is at least 10 model years old, beginning with the model year of the vehicle as year one, and is in such condition that its highest or primary value is for sale, transport, or delivery to a licensed salvage motor vehicle dealer or registered secondary metals recycler for dismantling its component parts or conversion to scrap metal; or 2. Any trailer as defined in s. 320.01(1), with or without all parts, major parts, or major component parts, which is valued under $5,000, is at least 10 model years old, beginning with the model year of the vehicle as year one, and is in such condition that its highest or primary value is for sale, transport, or delivery to a licensed salvage motor vehicle dealer or registered secondary metals recycler for conversion to scrap metal. (f) “Derelict motor vehicle certificate” means a certificate issued by the department which serves as evidence that a derelict motor vehicle will be dismantled or converted to scrap metal. This certificate may be obtained by completing a derelict motor vehicle certificate application authorized by the department. A derelict motor vehicle certificate may be reassigned only one time if the derelict motor vehicle certificate was completed by a licensed salvage motor vehicle dealer and the derelict motor vehicle was sold to another licensed salvage motor vehicle dealer or a secondary metals recycler. (g) “Independent entity” means a business or entity that may temporarily store damaged or dismantled motor vehicles pursuant to an agreement with an insurance company and is engaged in the sale or resale of damaged or dismantled motor vehicles. The term does not include a wrecker operator, a towing company, or a repair facility. (h) “Junk” means any material which is or may have been a motor vehicle or mobile home, with or without all component parts, which is inoperable and which material is in such condition that its highest or primary value is either in its sale or transfer as scrap metal or for its component parts, or a combination of the two, except when sold or delivered to or when purchased, possessed, or received by a secondary metals recycler or salvage motor vehicle dealer. (i) “Late model vehicle” means a motor vehicle that has a manufacturer’s model year of 7 years or newer. (j) “Major component parts” means: 1. For motor vehicles other than motorcycles, any fender, hood, bumper, cowl assembly, rear quarter panel, trunk lid, door, decklid, floor pan, engine, frame, transmission, catalytic converter, or airbag. 2. For trucks, in addition to those parts listed in subparagraph 1., any truck bed, including dump, wrecker, crane, mixer, cargo box, or any bed which mounts to a truck frame. 3. For motorcycles, the body assembly, frame, fenders, gas tanks, engine, cylinder block, heads, engine case, crank case, transmission, drive train, front fork assembly, and wheels. 4. For mobile homes, the frame. (k) “Major part” means the front-end assembly, cowl assembly, or rear body section. (l) “Materials” means motor vehicles, derelicts, and major parts that are not prepared materials. (m)“Mobile home” means mobile home as defined in s. 320.01(2). (n) “Motor vehicle” means motor vehicle as defined in s. 320.01(1). (o) “National Motor Vehicle Title Information System” means the national mandated vehicle history database maintained by the United States Department of Justice to link the states’ motor vehicle title records, including Florida’s Department of Highway Safety and Motor Vehicles’ title records, and ensure that states, law enforcement agencies, and consumers have access to vehicle titling, branding, and other information that enables them to verify the accuracy and legality of a motor vehicle title before purchase or title transfer of the vehicle occurs. (p) “Parts” means parts of motor vehicles or combinations thereof that do not constitute materials or prepared materials. (q) “Prepared materials” means motor vehicles, mobile homes, derelict motor vehicles, major parts, or parts that have been processed by mechanically flattening Florida Traffic Statutes 336 or crushing, or otherwise processed such that they are not the motor vehicle or mobile home described in the certificate of title, or their only value is as scrap metal. (r) “Processing” means the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, or the purchase of materials, prepared materials, or parts therefor. (s) “Recreational vehicle” means a motor vehicle as defined in s. 320.01(1). (t) “Salvage” means a motor vehicle or mobile home which is a total loss as defined in paragraph (3)(a). (u) “Salvage certificate of title” means a salvage certificate of title issued by the department or by another motor vehicle department authorized to issue titles in another state. (v) “Salvage motor vehicle dealer” means salvage motor vehicle dealer as defined in s. 320.27(1)(c)5. (w)“Secondary metals recycler” means secondary metals recycler as defined in s. 538.18. (x) “Seller” means the owner of record or a person who has physical possession and responsibility for a derelict motor vehicle and attests that possession of the vehicle was obtained through lawful means along with all ownership rights. A seller does not include a towing company, repair shop, or landlord unless the towing company, repair shop, or landlord has obtained title, salvage title, or a certificate of destruction in the name of the towing company, repair shop, or landlord. (2) (a) Each person mentioned as owner in the last issued certificate of title, when such motor vehicle or mobile home is dismantled, destroyed, or changed in such manner that it is not the motor vehicle or mobile home described in the certificate of title, shall surrender his or her certificate of title to the department, and thereupon the department shall, with the consent of any lienholders noted thereon, enter a cancellation upon its records. Upon cancellation of a certificate of title in the manner prescribed by this section, the department may cancel and destroy all certificates in that chain of title. Any person who knowingly violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) 1. When a motor vehicle, recreational vehicle, or mobile home is sold, transported, delivered to, or received by a salvage motor vehicle dealer, the purchaser shall make the required notification to the National Motor Vehicle Title Information System and it shall be accompanied by: a. A valid certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; b. A valid salvage certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; or c. A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller. 2. Any person who knowingly violates this paragraph by selling, transporting, delivering, purchasing, or receiving a motor vehicle, recreational vehicle, or mobile home without obtaining a properly endorsed certificate of title, salvage certificate of title, or certificate of destruction from the owner or does not make the required notification to the National Motor Vehicle Title Information System commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) 1. When a derelict motor vehicle is sold, transported, or delivered to a licensed salvage motor vehicle dealer, the purchaser shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Information System and record the date of purchase and the name, address, and valid Florida driver license number or valid Florida identification card number, or a valid driver license number or identification card number issued by another state, of the person selling the derelict motor vehicle, and it shall be accompanied by: a. A valid certificate of title issued in the name of the seller or properly endorsed over to the seller; b. A valid salvage certificate of title issued in the name of the seller or properly endorsed over to the seller; or c. A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller. 2. If a valid certificate of title, salvage certificate of title, or certificate of destruction is not available, a derelict Florida Traffic Statutes 337 motor vehicle certificate application shall be completed by the seller or owner of the motor vehicle or mobile home, the seller’s or owner’s authorized transporter, and the licensed salvage motor vehicle dealer at the time of sale, transport, or delivery to the licensed salvage motor vehicle dealer. The derelict motor vehicle certificate application shall be used by the seller or owner, the seller’s or owner’s authorized transporter, and the licensed salvage motor vehicle dealer to obtain a derelict motor vehicle certificate from the department. The derelict motor vehicle certificate application must be accompanied by a legible copy of the seller’s or owner’s valid Florida driver license or Florida identification card, or a valid driver license or identification card issued by another state. If the seller is not the owner of record of the vehicle being sold, the dealer shall, at the time of sale, ensure that a smudge-free right thumbprint, or other digit if the seller has no right thumb, of the seller is imprinted upon the derelict motor vehicle certificate application and that a legible copy of the seller’s driver license or identification card is affixed to the application and transmitted to the department. The licensed salvage motor vehicle dealer shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Information System and secure the derelict motor vehicle for 3 full business days, excluding weekends and holidays, if there is no active lien or a lien of 3 years or more on the department’s records before destroying or dismantling the derelict motor vehicle and shall follow all reporting procedures established by the department, including electronic notification to the department or delivery of the original derelict motor vehicle certificate application to an agent of the department within 24 hours after receiving the derelict motor vehicle. If there is an active lien of less than 3 years on the derelict motor vehicle, the licensed salvage motor vehicle dealer shall secure the derelict motor vehicle for 10 days. The department shall notify the lienholder that a derelict motor vehicle certificate has been issued and shall notify the lienholder of its intention to remove the lien. Ten days after receipt of the motor vehicle derelict certificate application, the department may remove the lien from its records if a written statement protesting removal of the lien is not received by the department from the lienholder within the 10-day period. However, if the lienholder files with the department and the licensed salvage motor vehicle dealer within the 10-day period a written statement that the lien is still outstanding, the department shall not remove the lien and shall place an administrative hold on the record for 30 days to allow the lienholder to apply for title to the vehicle or a repossession certificate under s. 319.28. The licensed salvage motor vehicle dealer must secure the derelict motor vehicle until the department’s administrative stop is removed, the lienholder submits a lien satisfaction, or the lienholder takes possession of the vehicle. 3. Any person who knowingly violates this paragraph by selling, transporting, delivering, purchasing, or receiving a derelict motor vehicle without obtaining a certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate application; enters false or fictitious information on a derelict motor vehicle certificate application; does not complete the derelict motor vehicle certificate application as required; does not obtain a legible copy of the seller’s or owner’s valid driver license or identification card when required; does not make the required notification to the department; does not make the required notification to the National Motor Vehicle Title Information System; or destroys or dismantles a derelict motor vehicle without waiting the required time as set forth in subparagraph 2. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) 1. As used in this section, a motor vehicle or mobile home is a “total loss”: a. When an insurance company pays the vehicle owner to replace the wrecked or damaged vehicle with one of like kind and quality or when an insurance company pays the owner upon the theft of the motor vehicle or mobile home; or b. When an uninsured motor vehicle or mobile home is wrecked or damaged and the cost, at the time of loss, of repairing or rebuilding the vehicle is 80 percent or Florida Traffic Statutes 338 more of the cost to the owner of replacing the wrecked or damaged motor vehicle or mobile home with one of like kind and quality. 2. A motor vehicle or mobile home shall not be considered a “total loss” if the insurance company and owner of a motor vehicle or mobile home agree to repair, rather than to replace, the motor vehicle or mobile home. However, if the actual cost to repair the motor vehicle or mobile home to the insurance company exceeds 100 percent of the cost of replacing the wrecked or damaged motor vehicle or mobile home with one of like kind and quality, the owner shall forward to the department, within 72 hours after the agreement, a request to brand the certificate of title with the words “Total Loss Vehicle.” Such a brand shall become a part of the vehicle’s title history. (b) The owner, including persons who are self-insured, of a motor vehicle or mobile home that is considered to be salvage shall, within 72 hours after the motor vehicle or mobile home becomes salvage, forward the title to the motor vehicle or mobile home to the department for processing. However, an insurance company that pays money as compensation for the total loss of a motor vehicle or mobile home shall obtain the certificate of title for the motor vehicle or mobile home, make the required notification to the National Motor Vehicle Title Information System, and, within 72 hours after receiving such certificate of title, forward such title to the department for processing. The owner or insurance company, as applicable, may not dispose of a vehicle or mobile home that is a total loss before it obtains a salvage certificate of title or certificate of destruction from the department. Effective July 1, 2023: 1. Thirty days after payment of a claim for compensation pursuant to this paragraph, the insurance company may receive a salvage certificate of title or certificate of destruction from the department if the insurance company is unable to obtain a properly assigned certificate of title from the owner or lienholder of the motor vehicle or mobile home, if the motor vehicle or mobile home does not carry an electronic lien on the title and the insurance company: a. Has obtained the release of all liens on the motor vehicle or mobile home; b. Has provided proof of payment of the total loss claim; and c. Has provided an affidavit on letterhead signed by the insurance company or its authorized agent stating the attempts that have been made to obtain the title from the owner or lienholder and further stating that all attempts are to no avail. The affidavit must include a request that the salvage certificate of title or certificate of destruction be issued in the insurance company’s name due to payment of a total loss claim to the owner or lienholder. The attempts to contact the owner may be by written request delivered in person or by first-class mail with a certificate of mailing to the owner’s or lienholder’s last known address. 2. If the owner or lienholder is notified of the request for title in person, the insurance company must provide an affidavit attesting to the in-person request for a certificate of title. 3. The request to the owner or lienholder for the certificate of title must include a complete description of the motor vehicle or mobile home and the statement that a total loss claim has been paid on the motor vehicle or mobile home. (c) When applying for a salvage certificate of title or certificate of destruction, the owner or insurance company must provide the department with an estimate of the costs of repairing the physical and mechanical damage suffered by the vehicle for which a salvage certificate of title or certificate of destruction is sought. If the estimated costs of repairing the physical and mechanical damage to the mobile home are equal to 80 percent or more of the current retail cost of the mobile home, as established in any official used mobile home guide, the department shall declare the mobile home unrebuildable and print a certificate of destruction, which authorizes the dismantling or destruction of the mobile home. For a late model vehicle with a current retail cost of at least $7,500 just prior to sustaining the damage that resulted in the total loss, as established in any official used car guide or valuation service, if the owner or insurance company determines that the estimated costs of repairing the physical and mechanical damage to the vehicle are equal to 90 percent or more of the current retail cost of the vehicle, as established in any official used motor vehicle guide or valuation service, the department shall declare the vehicle unrebuildable and print a certificate of destruction, which authorizes the Florida Traffic Statutes 339 dismantling or destruction of the motor vehicle. However, if the damaged motor vehicle is equipped with custom-lowered floors for wheelchair access or a wheelchair lift, the insurance company may, upon determining that the vehicle is repairable to a condition that is safe for operation on public roads, submit the certificate of title to the department for reissuance as a salvage rebuildable title and the addition of a title brand of “insurance-declared total loss.” The certificate of destruction shall be reassignable a maximum of two times before dismantling or destruction of the vehicle is required, and shall accompany the motor vehicle or mobile home for which it is issued, when such motor vehicle or mobile home is sold for such purposes, in lieu of a certificate of title. The department may not issue a certificate of title for that vehicle. This subsection is not applicable if a mobile home is worth less than $1,500 retail just prior to sustaining the damage that resulted in the total loss in any official used mobile home guide or when a stolen motor vehicle or mobile home is recovered in substantially intact condition and is readily resalable without extensive repairs to or replacement of the frame or engine. If a motor vehicle has a current retail cost of less than $7,500 just prior to sustaining the damage that resulted in the total loss, as established in any official used motor vehicle guide or valuation service, or if the vehicle is not a late model vehicle, the owner or insurance company that pays money as compensation for the total loss of the motor vehicle shall obtain a certificate of destruction, if the motor vehicle is damaged, wrecked, or burned to the extent that the only residual value of the motor vehicle is as a source of parts or scrap metal, or if the motor vehicle comes into this state under a title or other ownership document that indicates that the motor vehicle is not repairable, is junked, or is for parts or dismantling only. A person who knowingly violates this paragraph or falsifies documentation to avoid the requirements of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) It is unlawful for any person to have in his or her possession any motor vehicle or mobile home when the manufacturer’s or state-assigned identification number plate or serial plate has been removed therefrom. (a) Nothing in this subsection shall be applicable when a vehicle defined in this section as a derelict or salvage was purchased or acquired from a foreign state requiring such vehicle’s identification number plate to be surrendered to such state, provided the person shall have an affidavit from the seller describing the vehicle by manufacturer’s serial number and the state to which such vehicle’s identification number plate was surrendered. (b) Nothing in this subsection shall be applicable if a certificate of destruction has been obtained for the vehicle. (5) (a) It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or exchange, or give away any certificate of title or manufacturer’s or state-assigned identification number plate or serial plate of any motor vehicle, mobile home, or derelict that has been sold as salvage contrary to the provisions of this section, and it is unlawful for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to offer to sell, exchange, or give away such certificate of title or manufacturer’s or state-assigned identification number plate or serial plate. (b) It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or exchange, or give away any manufacturer’s or state-assigned identification number plate or serial plate of any motor vehicle or mobile home that has been removed from the motor vehicle or mobile home for which it was manufactured, and it is unlawful for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to offer to sell, exchange, or give away such manufacturer’s or state-assigned identification number plate or serial plate. (c) This chapter does not apply to anyone who removes, possesses, or replaces a manufacturer’s or state-assigned identification number plate, in the course of performing repairs on a vehicle, that require such removal or replacement. If the repair requires replacement of a vehicle part that contains the manufacturer’s or state-assigned identification number plate, the manufacturer’s or state-assigned identification number plate that is assigned to the vehicle being repaired will be installed on the replacement part. The manufacturer’s or state-assigned identification number plate that was removed from this replacement part will be installed on the part that was removed from the vehicle being repaired. (6) (a) In the event of a purchase by a salvage motor vehicle dealer of materials or Florida Traffic Statutes 340 major component parts for any reason, the purchaser shall: 1. For each item of materials or major component parts purchased, the salvage motor vehicle dealer shall record the date of purchase and the name, address, and personal identification card number of the person selling such items, as well as the vehicle identification number, if available. 2. With respect to each item of materials or major component parts purchased, obtain such documentation as may be required by subsection (2). (b) Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) (a) In the event of a purchase by a secondary metals recycler, that has been issued a certificate of registration number, of: 1. Materials, prepared materials, or parts from any seller for purposes other than the processing of such materials, prepared materials, or parts, the purchaser shall obtain such documentation as may be required by this section and shall record the seller’s name and address, date of purchase, and the personal identification card number of the person delivering such items. 2. Parts or prepared materials from any seller for purposes of the processing of such parts or prepared materials, the purchaser shall record the seller’s name and address and date of purchase and, in the event of a purchase transaction consisting primarily of parts or prepared materials, the personal identification card number of the person delivering such items. 3. Materials from another secondary metals recycler for purposes of the processing of such materials, the purchaser shall record the seller’s name and address and date of purchase. 4. a. Motor vehicles, recreational vehicles, mobile homes, or derelict motor vehicles from other than a secondary metals recycler for purposes of the processing of such motor vehicles, recreational vehicles, mobile homes, or derelict motor vehicles, the purchaser shall make the required notification to the National Motor Vehicle Title Information System and record the date of purchase and the name, address, and personal identification card number of the person selling such items and shall obtain the following documentation from the seller with respect to each item purchased: (I) A valid certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; (II) A valid salvage certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; (III)A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller; or (IV) A valid derelict motor vehicle certificate obtained from the department by a licensed salvage motor vehicle dealer and properly reassigned to the secondary metals recycler. b. If a valid certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate is not available and the motor vehicle or mobile home is a derelict motor vehicle, a derelict motor vehicle certificate application shall be completed by the seller or owner of the motor vehicle or mobile home, the seller’s or owner’s authorized transporter, and the registered secondary metals recycler at the time of sale, transport, or delivery to the registered secondary metals recycler to obtain a derelict motor vehicle certificate from the department. The derelict motor vehicle certificate application must be accompanied by a legible copy of the seller’s or owner’s valid Florida driver license or Florida identification card, or a valid driver license or identification card from another state. If the seller is not the owner of record of the vehicle being sold, the recycler shall, at the time of sale, ensure that a smudge-free right thumbprint, or other digit if the seller has no right thumb, of the seller is imprinted upon the derelict motor vehicle certificate application and that the legible copy of the seller’s driver license or identification card is affixed to the application and transmitted to the department. The derelict motor vehicle certificate shall be used by the owner, the owner’s authorized transporter, and the registered secondary metals recycler. The registered secondary metals recycler shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Florida Traffic Statutes 341 Information System and shall secure the derelict motor vehicle for 3 full business days, excluding weekends and holidays, if there is no active lien or a lien of 3 years or more on the department’s records before destroying or dismantling the derelict motor vehicle and shall follow all reporting procedures established by the department, including electronic notification to the department or delivery of the original derelict motor vehicle certificate application to an agent of the department within 24 hours after receiving the derelict motor vehicle. If there is an active lien of less than 3 years on the derelict motor vehicle, the registered secondary metals recycler shall secure the derelict motor vehicle for 10 days. The department shall notify the lienholder of the application for a derelict motor vehicle certificate and shall notify the lienholder of its intention to remove the lien. Ten days after receipt of the motor vehicle derelict application, the department may remove the lien from its records if a written statement protesting removal of the lien is not received by the department from the lienholder within the 10-day period. However, if the lienholder files with the department and the registered secondary metals recycler within the 10-day period a written statement that the lien is still outstanding, the department shall not remove the lien and shall place an administrative hold on the record for 30 days to allow the lienholder to apply for title to the vehicle or a repossession certificate under s. 319.28. The registered secondary metals recycler must secure the derelict motor vehicle until the department’s administrative stop is removed, the lienholder submits a lien satisfaction, or the lienholder takes possession of the vehicle. c. Any person who knowingly violates this subparagraph by selling, transporting, delivering, purchasing, or receiving a motor vehicle, recreational motor vehicle, mobile home, or derelict motor vehicle without obtaining a certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate; enters false or fictitious information on a derelict motor vehicle certificate application; does not complete the derelict motor vehicle certificate application as required or does not make the required notification to the department; does not make the required notification to the National Motor Vehicle Title Information System; does not obtain a legible copy of the seller’s or owner’s driver license or identification card when required; or destroys or dismantles a derelict motor vehicle without waiting the required time as set forth in sub-subparagraph b. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 5. Major parts from other than a secondary metals recycler for purposes of the processing of such major parts, the purchaser shall record the seller’s name, address, date of purchase, and the personal identification card number of the person delivering such items, as well as the vehicle identification number, if available, of each major part purchased. (b) Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) (a) Secondary metals recyclers and salvage motor vehicle dealers shall return to the department on a monthly basis all certificates of title and salvage certificates of title that are required by this section to be obtained. Secondary metals recyclers and salvage motor vehicle dealers may elect to notify the department electronically through procedures established by the department when they receive each motor vehicle or mobile home, salvage motor vehicle or mobile home, or derelict motor vehicle with a certificate of title or salvage certificate of title through procedures established by the department. (b) Secondary metals recyclers and salvage motor vehicle dealers shall keep originals, or a copy in the event the original was returned to the department, of all certificates of title, salvage certificates of title, certificates of destruction, derelict motor vehicle certificates, and all other information required by this section to be recorded or obtained, on file in the offices of such secondary metals recyclers or salvage motor vehicle dealers for a period of 3 years after the date of purchase of the items reflected in such certificates of title, salvage certificates of title, certificates of destruction, or derelict motor vehicle certificates. These records shall be maintained in chronological order. (c) For the purpose of enforcement of this section, the department or its agents and employees have the same right of inspection as law enforcement officers as Florida Traffic Statutes 342 provided in s. 812.055. (d) Whenever the department, its agent or employee, or any law enforcement officer has reason to believe that a stolen or fraudulently titled motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle is in the possession of a salvage motor vehicle dealer or secondary metals recycler, the department, its agent or employee, or the law enforcement officer may issue an extended hold notice, not to exceed 5 additional business days, excluding weekends and holidays, to the salvage motor vehicle dealer or registered secondary metals recycler. (e) Whenever a salvage motor vehicle dealer or registered secondary metals recycler is notified by the department, its agent or employee, or any law enforcement officer to hold a motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle that is believed to be stolen or fraudulently titled, the salvage motor vehicle dealer or registered secondary metals recycler shall hold the motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle and may not dismantle or destroy the motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle until it is recovered by a law enforcement officer, the hold is released by the department or the law enforcement officer placing the hold, or the 5 additional business days have passed since being notified of the hold. (f) This section does not authorize any person who is engaged in the business of recovering, towing, or storing vehicles pursuant to s. 713.78, and who is claiming a lien for performing labor or services on a motor vehicle or mobile home pursuant to s. 713.58, or is claiming that a motor vehicle or mobile home has remained on any premises after tenancy has terminated pursuant to s. 715.104, to use a derelict motor vehicle certificate application for the purpose of transporting, selling, disposing of, or delivering a motor vehicle to a salvage motor vehicle dealer or secondary metals recycler without obtaining the title or certificate of destruction required under s. 713.58, s. 713.78, or s. 715.104. (g) The department shall accept all properly endorsed and completed derelict motor vehicle certificate applications and shall issue a derelict motor vehicle certificate having an effective date that authorizes when a derelict motor vehicle is eligible for dismantling or destruction. The electronic information obtained from the derelict motor vehicle certificate application shall be stored electronically and shall be made available to authorized persons after issuance of the derelict motor vehicle certificate in the Florida Real Time Vehicle Information System. (h) The department is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 establishing policies and procedures to administer and enforce this section. (i) The department shall charge a fee of $3 for each derelict motor vehicle certificate delivered to the department or one of its agents for processing and shall mark the title record canceled. A service charge may be collected under s. 320.04. (j) The licensed salvage motor vehicle dealer or registered secondary metals recycler shall make all payments for the purchase of any derelict motor vehicle that is sold by a seller who is not the owner of record on file with the department by check or money order made payable to the seller and may not make payment to the authorized transporter. The licensed salvage motor vehicle dealer or registered secondary metals recycler may not cash the check that such dealer or recycler issued to the seller. (9) (a) An insurance company may notify an independent entity that obtains possession of a damaged or dismantled motor vehicle to release the vehicle to the owner. The insurance company shall provide the independent entity a release statement on a form prescribed by the department authorizing the independent entity to release the vehicle to the owner. The form shall, at a minimum, contain the following: 1. The policy and claim number. 2. The name and address of the insured. 3. The vehicle identification number. 4. The signature of an authorized representative of the insurance company. (b) The independent entity in possession of a motor vehicle must send a notice to the owner that the vehicle is available for pick up when it receives a release statement from the insurance company. The notice shall be sent by certified mail to the owner at the owner’s address reflected in the department’s records. The notice must inform the owner that the owner has 30 days after receipt of the notice to pick up the vehicle from the independent entity. If the Florida Traffic Statutes 343 motor vehicle is not claimed within 30 days after the owner receives the notice, the independent entity may apply for a certificate of destruction or a certificate of title. (c) The independent entity shall make the required notification to the National Motor Vehicle Title Information System before releasing any damaged or dismantled motor vehicle to the owner or before applying for a certificate of destruction or salvage certificate of title. (d) Upon applying for a certificate of destruction or salvage certificate of title, the independent entity shall provide a copy of the release statement from the insurance company to the independent entity, proof of providing the 30-day notice to the owner, proof of notification to the National Motor Vehicle Title Information System, and applicable fees. (e) The independent entity may not charge an owner of the vehicle storage fees or apply for a title under s. 713.585 or s. 713.78. (10) Except as otherwise provided in this section, any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 319.33 Offenses involving vehicle identification numbers, applications, certificates, papers; penalty. (1) It is unlawful: (a) To alter or forge any certificate of title to a motor vehicle or mobile home or any assignment thereof or any cancellation of any lien on a motor vehicle or mobile home. (b) To retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged. (c) To procure or attempt to procure a certificate of title to a motor vehicle or mobile home, or pass or attempt to pass a certificate of title or any assignment thereof to a motor vehicle or mobile home, knowing or having reason to believe that such motor vehicle or mobile home has been stolen. (d) To possess, sell or offer for sale, conceal, or dispose of in this state a motor vehicle or mobile home, or major component part thereof, on which any motor number or vehicle identification number that has been affixed by the manufacturer or by a state agency, such as the Department of Highway Safety and Motor Vehicles, which regulates motor vehicles has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration, or defacement, except as provided in s. 319.30(4). (e) To use a false or fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. (2) It is unlawful for any person knowingly to obtain goods, services, credit, or money by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a motor vehicle or mobile home. (3) It is unlawful for any person knowingly to obtain goods, services, credit, or money by means of a certificate of title to a motor vehicle or mobile home, which certificate is required by law to be surrendered to the department. (4) It is unlawful for any person knowingly and with intent to defraud to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a motor vehicle or mobile home or to conspire to do any of the foregoing. (5) It is unlawful for any person, firm, or corporation to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer's or state-assigned identification number plates or serial plates or any decal used for the purpose of identification of any motor vehicle; or for any officer, agent, or employee of any person, firm, or corporation, or any person who shall authorize, direct, aid in exchange, or give away such counterfeit manufacturer's or state-assigned identification number plates or serial plates or any decal; or conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved replacement manufacturer's or state-assigned identification number plates or serial plates or any decal issued by the department or any state. (6) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any Florida Traffic Statutes 344 motor vehicle used in violation of this section shall constitute contraband which may be seized by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss. 932.701 932.704. This section is not exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of motor vehicles or mobile homes, but is supplementary thereto. (7) (a) If all identifying numbers of a motor vehicle or mobile home do not exist or have been destroyed, removed, covered, altered, or defaced, or if the real identity of the motor vehicle or mobile home cannot be determined, the motor vehicle or mobile home shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704. Such motor vehicle shall not be operated on the streets and highways of the state unless, by written order of a court of competent jurisdiction, the department is directed to assign to the vehicle a replacement vehicle identification number which shall thereafter be used for identification purposes. If the motor vehicle is confiscated from a licensed motor vehicle dealer as defined in s. 320.27, the dealer's license shall be revoked. (b) If all numbers or other identifying marks manufactured on a major component part have been altered, defaced, destroyed, or otherwise removed for the purpose of concealing the identity of the major component part, the part shall constitute contraband and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701-932.704. Any major component part forfeited under this subsection shall be destroyed or disposed of in a manner so as to make it unusable. 319.35 Unlawful acts in connection with motor vehicle odometer readings; penalties. (1) (a) It is unlawful for any person knowingly to tamper with, adjust, alter, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, or to supply any written odometer statement knowing such statement to be false or based on mileage figures reflected by an odometer that has been tampered with or altered, except as hereinafter provided. It is unlawful for any person to knowingly bring into this state a motor vehicle which has an odometer that has been illegally altered. (b) It is unlawful for any person to knowingly provide false information on the odometer readings required pursuant to ss. 319.23(3) and 320.02(2)(b). (c) It is unlawful for any person to knowingly possess, sell, or offer for sale, conceal, or dispose of in this state a motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in paragraph (2)(a) and subsection (3). (2) (a) This section does not prevent the service, repair, or replacement of an odometer if the mileage indicated thereon remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer must be adjusted to read zero and a notice in writing must be attached to the door frame of the vehicle by the owner or his or her agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. (b) A person may not fail to adjust an odometer or affix a notice regarding such adjustment as required by paragraph (a). (c) A person may not, with intent to defraud, remove or alter any notice affixed to a motor vehicle under paragraph (a). (3) Any motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven may not be knowingly operated on the streets and highways of the state in such condition unless the certificate of title and registration certificate of the vehicle have been conspicuously stamped so as to indicate the displayed mileage is inaccurate and written notice has been placed on the vehicle as described in paragraph (2)(a). (4) If any person, with intent to defraud, possesses, sells, or offers to sell any motor vehicle with an odometer that has been illegally adjusted, altered, set back, or tampered with so as to reflect a lower mileage than the vehicle has actually been driven, such motor vehicle is contraband and is subject to seizure and forfeiture by a law enforcement agency or the department pursuant to ss. 932.701-932.704. (5) Any person who intentionally violates the Florida Traffic Statutes 345 provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. CHAPTER 320 MOTOR VEHICLE LICENSES 320.01 Definitions, general. As used in the Florida Statutes, except as otherwise provided, the term: (1) “Motor vehicle” means: (a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, personal delivery devices as defined in s. 316.003, special mobile equipment as defined in s. 316.003, vehicles that run only upon a track, bicycles, swamp buggies, or mopeds. (b) A recreational vehicle-type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Recreational vehicle-type units, when traveling on the public roadways of this state, must comply with the length and width provisions of s. 316.515, as that section may hereafter be amended. As defined below, the basic entities are: 1. The “travel trailer,” which is a vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use. It has a body width of no more than 8 1/2 feet and an overall body length of no more than 40 feet when factory-equipped for the road. 2. The “camping trailer,” which is a vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. 3. The “truck camper,” which is a truck equipped with a portable unit designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping, or travel use. 4. The “motor home,” which is a vehicular unit which does not exceed the length, height, and width limitations provided in s. 316.515, is a self-propelled motor vehicle, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 5. The “private motor coach,” which is a vehicular unit which does not exceed the length, width, and height limitations provided in s. 316.515(9), is built on a self-propelled bus type chassis having no fewer than three load-bearing axles, and is primarily designed to provide temporary living quarters for recreational, camping, or travel use. 6. The “van conversion,” which is a vehicular unit which does not exceed the length and width limitations provided in s. 316.515, is built on a self-propelled motor vehicle chassis, and is designed for recreation, camping, and travel use. 7. The “park trailer,” which is a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. The total area of the unit in a setup mode, when measured from the exterior surface of the exterior stud walls at the level of maximum dimensions, not including any bay window, does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to United States Department of Housing and Urban Development Standards. The length of a park trailer means the distance from the exterior of the front of the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of the body (at the opposite end of the body), including any protrusions. 8. The “fifth-wheel trailer,” which is a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit, of gross trailer area not to exceed 400 square feet in the setup mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle. (2) (a) “Mobile home” means a structure, Florida Traffic Statutes 346 transportable in one or more sections, which is 8 body feet or more in width and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. For tax purposes, the length of a mobile home is the distance from the exterior of the wall nearest to the drawbar and coupling mechanism to the exterior of the wall at the opposite end of the home where such walls enclose living or other interior space. Such distance includes expandable rooms, but excludes bay windows, porches, drawbars, couplings, hitches, wall and roof extensions, or other attachments that do not enclose interior space. In the event that the mobile home owner has no proof of the length of the drawbar, coupling, or hitch, then the tax collector may in his or her discretion either inspect the home to determine the actual length or may assume 4 feet to be the length of the drawbar, coupling, or hitch. (b) “Manufactured home” means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. (3) “Owner” means any person, firm, corporation, or association controlling any motor vehicle or mobile home by right of purchase, gift, lease, or otherwise. (4) “Trailer” means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle. (5) “Semitrailer” means any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle. (6) “Net weight” means the actual scale weight in pounds with complete catalog equipment. (7) “Gross weight” means the net weight of a motor vehicle in pounds plus the weight of the load carried by it. (8) “Cwt” means the weight per hundred pounds, or major fraction thereof, of a motor vehicle. (9) “Truck” means any motor vehicle with a net vehicle weight of 5,000 pounds or less and which is designed or used principally for the carriage of goods and includes a motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (10) “Heavy truck” means any motor vehicle with a net vehicle weight of more than 5,000 pounds, which is registered on the basis of gross vehicle weight in accordance with s. 320.08(4), and which is designed or used for the carriage of goods or designed or equipped with a connecting device for the purpose of drawing a trailer that is attached or coupled thereto by means of such connecting device and includes any such motor vehicle to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying goods other than the personal effects of the passengers. (11) “Truck tractor” means a motor vehicle which has four or more wheels and is designed and equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is attached or coupled thereto by means of such fifth wheel and which has no provision for carrying loads independently. (12) “Gross vehicle weight” means: (a) For heavy trucks with a net weight of more than 5,000 pounds, but less than 8,000 pounds, the gross weight of the heavy truck. The gross vehicle weight is calculated by adding to the net weight of the heavy truck the weight of the load carried by it, which is the maximum gross weight as declared by the owner or person applying for registration. (b) For heavy trucks with a net weight of 8,000 pounds or more, the gross weight of the heavy truck, including the gross weight of any trailer coupled thereto. The gross vehicle weight is calculated by adding to the gross weight of the heavy truck the gross weight of the trailer, which is the maximum gross weight as declared by the owner or person applying for registration. (c) The gross weight of a truck tractor and semitrailer combination is calculated by adding to the net weight of the truck tractor the gross weight of the semitrailer, which is the maximum gross weight as declared by the owner or person applying for registration; such vehicles are together by means of a fifth-wheel arrangement whereby part of the weight of the semitrailer and load rests upon the truck tractor. (13) “Passenger,” or any abbreviation thereof, does not include a driver. (14) “Private use” means the use of any Florida Traffic Statutes 347 vehicle which is not properly classified as a for-hire vehicle. (15) (a) “For-hire vehicle” means any motor vehicle, when used for transporting persons or goods for compensation; let or rented to another for consideration; offered for rent or hire as a means of transportation for compensation; advertised in a newspaper or generally held out as being for rent or hire; used in connection with a travel bureau; or offered or used to provide transportation for persons solicited through personal contact or advertised on a “share-expense” basis. When goods or passengers are transported for compensation in a motor vehicle outside a municipal corporation of this state, or when goods are transported in a motor vehicle not owned by the person owning the goods, such transportation is “for hire.” The carriage of goods and other personal property in a motor vehicle by a corporation or association for its stockholders, shareholders, and members, cooperative or otherwise, is transportation “for hire.” (b) The following are not included in the term “for-hire vehicle”: a motor vehicle used for transporting school children to and from school under contract with school officials; a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state; a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers; a motor vehicle temporarily used by a farmer for the transportation of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipment by a transportation company; or a motor vehicle not exceeding 1 1/2 tons under contract with the Government of the United States to carry United States mail, provided such vehicle is not used for commercial purposes. (16) “Road” means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic. (17) “Brake horsepower” means the actual unit of torque developed per unit of time at the output shaft of an engine, as measured by a dynamometer. (18) “Department” means the Department of Highway Safety and Motor Vehicles. (19) (a) “Registration period” means a period of 12 months or 24 months during which a motor vehicle or mobile home registration is valid. (b) “Extended registration period” means a period of 24 months during which a motor vehicle or mobile home registration is valid. (20) “Marine boat trailer dealer” means any person engaged in: (a) The business of buying, selling, manufacturing, or dealing in trailers specifically designed to be drawn by another vehicle and used for the transportation on land of vessels, as defined in s. 327.02; or (b) The offering or displaying of such trailers for sale. (21) “Renewal period” means the period during which renewal of a motor vehicle registration or mobile home registration is required, as provided in s. 320.055. (22) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. (23) “International Registration Plan” means a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles operated in various jurisdictions. (24) “Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, which is used or intended for use in two or more member jurisdictions that allocate or proportionally register vehicles and which is used for the transportation of persons for hire or is designed, used, or maintained primarily for the transportation of property and: (a) Is a power unit having a gross vehicle weight in excess of 26,000 pounds; (b) Is a power unit having three or more axles, regardless of weight; or (c) Is used in combination, when the weight of such combination exceeds 26,000 pounds gross vehicle weight. Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles may be proportionally registered. (25) “Commercial motor vehicle” means any vehicle which is not owned or operated by a governmental entity, which uses special fuel or motor fuel on the public highways, and which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles Florida Traffic Statutes 348 regardless of weight, or is used in combination when the weight of such combination exceeds 26,001 pounds gross vehicle weight. A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported. (26) “Motorcycle” means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a vehicle in which the operator is enclosed by a cabin unless it meets the requirements set forth by the National Highway Traffic Safety Administration for a motorcycle. The term “motorcycle” does not include a tractor or a moped. (27) “Moped” means any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. (28) “Interstate” means vehicle movement between or through two or more states. (29) “Intrastate” means vehicle movement from one point within a state to another point within the same state. (30) “Person” means and includes natural persons, corporations, copartnerships, firms, companies, agencies, or associations, singular or plural. (31) “Registrant” means a person in whose name or names a vehicle is properly registered. (32) “Motor carrier” means any person owning, controlling, operating, or managing any motor vehicle used to transport persons or property over any public highway. (33) “Motorized disability access vehicle” means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline, travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters. (34) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state. (35) “Nonresident” means a person who is not a resident. (36) “Electric vehicle” means a motor vehicle that is powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electrical current. (37) “Disabled motor vehicle” means any motor vehicle as defined in subsection (1) which is not operable under its own motive power, excluding a nondisabled trailer or semitrailer, or any motor vehicle that is unsafe for operation upon the highways of this state. (38) “Replacement motor vehicle” means any motor vehicle as defined in subsection (1) under tow by a wrecker to the location of a disabled motor vehicle for the purpose of replacing the disabled motor vehicle, thereby permitting the transfer of the disabled motor vehicle’s operator, passengers, and load to an operable motor vehicle. (39) “Wrecker” means any motor vehicle that is used to tow, carry, or otherwise transport motor vehicles and that is equipped for that purpose with a boom, winch, car carrier, or other similar equipment. (40) “Tow” means to pull or draw any motor vehicle with a power unit by means of a direct attachment, drawbar, or other connection or to carry a motor vehicle on a power unit designed to transport such vehicle from one location to another. Florida Traffic Statutes 349 (41) “Low-speed vehicle” means any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, neighborhood electric vehicles. Low-speed vehicles must comply with the safety standards in 49 C.F.R. s. 571.500 and s. 316.2122. (42) “Utility vehicle” means a motor vehicle designed and manufactured for general maintenance, security, and landscaping purposes, but the term does not include any vehicle designed or used primarily for the transportation of persons or property on a street or highway, or a golf cart, or an all-terrain vehicle as defined in s. 316.2074. (43) For purposes of this chapter, the term “agricultural products” means any food product; any agricultural, horticultural, or livestock product; any raw material used in plant food formulation; and any plant food used to produce food and fiber. (44) “Mini truck” means any four-wheeled, reduced-dimension truck that does not have a National Highway Traffic Safety Administration truck classification, with a top speed of 55 miles per hour, and which is equipped with headlamps, stop lamps, turn signal lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, and seat belts. (45) “Swamp buggy” means a motorized off-road vehicle that is designed or modified to travel over swampy or varied terrain and that may use large tires or tracks operated from an elevated platform. The term does not include any vehicle defined in chapter 261 or otherwise defined or classified in this chapter. 320.02 Registration required; application for registration; forms. (1) Except as otherwise provided in this chapter, every owner or person in charge of a motor vehicle that is operated or driven on the roads of this state shall register the vehicle in this state. The owner or person in charge shall apply to the department or to its authorized agent for registration of each such vehicle on a form prescribed by the department. A registration is not required for any motor vehicle that is not operated on the roads of this state during the registration period. (2) (a) The application for registration must include the street address of the owner’s permanent residence or the address of his or her permanent place of business and be accompanied by personal or business identification information. An individual applicant must provide a valid driver license or identification card issued by this state or another state or a valid passport. A business applicant must provide a federal employer identification number, if applicable, or verification that the business is authorized to conduct business in the state, or a Florida municipal or county business license or number. 1. If the owner does not have a permanent residence or permanent place of business or if the owner’s permanent residence or permanent place of business cannot be identified by a street address, the application must include: a. If the vehicle is registered to a business, the name and street address of the permanent residence of an owner of the business, an officer of the corporation, or an employee who is in a supervisory position. b. If the vehicle is registered to an individual, the name and street address of the permanent residence of a close relative or friend who is a resident of this state. 2. If the vehicle is registered to an active duty member of the Armed Forces of the United States who is a Florida resident, the active duty member is exempt from the requirement to provide the street address of a permanent residence. (b) The department shall prescribe a form upon which motor vehicle owners may record odometer readings when registering their motor vehicles. (3) Prior to the registration in this state of any vehicle registered outside the state, the application must be accompanied by either a sworn affidavit from the seller and purchaser verifying that the vehicle identification number shown on the affidavit is identical to the vehicle identification number shown on the motor vehicle or a copy of the appropriate departmental form evidencing that a physical examination has been made of the motor vehicle by the owner and by a duly constituted police officer of any state, a licensed motor vehicle dealer, a license inspector as provided by s. 320.58, or a notary public commissioned by any state and that the vehicle identification number shown on the applicable form and the application is identical to the vehicle identification number shown on the motor vehicle. Vehicle identification number verification is not required for any new vehicle sold in this state by a licensed motor Florida Traffic Statutes 350 vehicle dealer, any mobile home, any trailer or semitrailer with a net weight of less than 2,000 pounds, or any travel trailer or camping trailer. (4) Except as provided in ss. 775.21, 775.261, 943.0435, 944.607, and 985.4815, the owner of any motor vehicle registered in the state shall notify the department in writing of any change of address within 30 days of such change. The notification shall include the registration license plate number, the vehicle identification number (VIN) or title certificate number, year of vehicle make, and the owner’s full name. (5) (a) Proof that personal injury protection benefits have been purchased if required under s. 627.733, that property damage liability coverage has been purchased as required under s. 324.022, that bodily injury or death coverage has been purchased if required under s. 324.023, and that combined bodily liability insurance and property damage liability insurance have been purchased if required under s. 627.7415 shall be provided in the manner prescribed by law by the applicant at the time of application for registration of any motor vehicle that is subject to such requirements. The issuing agent shall refuse to issue registration if such proof of purchase is not provided. Insurers shall furnish uniform proof-of-purchase cards in a paper or electronic format in a form prescribed by the department and include the name of the insured’s insurance company, the coverage identification number, and the make, year, and vehicle identification number of the vehicle insured. The card must contain a statement notifying the applicant of the penalty specified under s. 316.646(4). The card or insurance policy, insurance policy binder, or certificate of insurance or a photocopy of any of these; an affidavit containing the name of the insured’s insurance company, the insured’s policy number, and the make and year of the vehicle insured; or such other proof as may be prescribed by the department shall constitute sufficient proof of purchase. If an affidavit is provided as proof, it must be in substantially the following form: Under penalty of perjury, I (Name of insured) do hereby certify that I have (Personal Injury Protection, Property Damage Liability, and, if required, Bodily Injury Liability) Insurance currently in effect with (Name of insurance company) under (policy number) covering (make, year, and vehicle identification number of vehicle). (Signature of Insured) Such affidavit must include the following warning: WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS SUBJECT TO PROSECUTION. If an application is made through a licensed motor vehicle dealer as required under s. 319.23, the original or a photostatic copy of such card, insurance policy, insurance policy binder, or certificate of insurance or the original affidavit from the insured shall be forwarded by the dealer to the tax collector of the county or the Department of Highway Safety and Motor Vehicles for processing. By executing the aforesaid affidavit, no licensed motor vehicle dealer will be liable in damages for any inadequacy, insufficiency, or falsification of any statement contained therein. A card must also indicate the existence of any bodily injury liability insurance voluntarily purchased. (b) When an operator who owns a motor vehicle is subject to the financial responsibility requirements of chapter 324, including ss. 324.022 and 324.023, such operator shall provide proof of compliance with such financial responsibility requirements at the time of registration of any such motor vehicle by one of the methods constituting sufficient proof of purchase under paragraph (a). The issuing agent shall refuse to register a motor vehicle if such proof of purchase is not provided or if one of the other methods of proving financial responsibility as set forth in s. 324.031 is not met. (c) For purposes of providing proof of purchase of required insurance coverage under this subsection, the Office of Insurance Regulation of the Financial Services Commission shall require that uniform proof-of-purchase cards specified by the Department of Highway Safety and Motor Vehicles be furnished by insurers writing motor vehicle liability insurance in this state. Any person altering or counterfeiting such a card or making a false affidavit in order to furnish false proof or to knowingly permit another person to furnish false proof is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (d) The verifying of proof of personal injury protection insurance, proof of property damage liability insurance, proof of combined bodily liability insurance and Florida Traffic Statutes 351 property damage liability insurance, or proof of financial responsibility insurance and the issuance or failure to issue the motor vehicle registration under the provisions of this chapter may not be construed in any court as a warranty of the reliability or accuracy of the evidence of such proof. Neither the department nor any tax collector is liable in damages for any inadequacy, insufficiency, falsification, or unauthorized modification of any item of the proof of personal injury protection insurance, proof of property damage liability insurance, proof of combined bodily liability insurance and property damage liability insurance, or proof of financial responsibility insurance prior to, during, or subsequent to the verification of the proof. The issuance of a motor vehicle registration does not constitute prima facie evidence or a presumption of insurance coverage. (e) Upon the expiration date noted in the cancellation notice that the department receives from the insurer, the department shall suspend the registration, issued under this chapter or s. 207.004(1), of a motor carrier who operates a commercial motor vehicle or who permits it to be operated in this state during the registration period without having in full force liability insurance, a surety bond, or a valid self-insurance certificate that complies with this section. The insurer shall provide notice to the department at the same time the cancellation notice is provided to the insured pursuant to s. 627.7281. The department may adopt rules regarding the electronic submission of the cancellation notice. (6) Any person who registers his or her motor vehicle by means of false or fraudulent representations made in any application for registration is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. The department may demand the return of, and may cancel, any license plate issued based on false or fraudulent representations. (7) Every owner or person in charge of a motor vehicle with a gross vehicle weight of 55,000 pounds or more shall present proof of filing or proof of payment, in such form as may be prescribed by the United States Secretary of the Treasury, of the use tax imposed by s. 4481 of the United States Internal Revenue Code of 1954, as amended, upon application for registration. Proof of payment or proof of filing will be made in accordance with the gross vehicle weight tax schedule established by s. 4481 of the Internal Revenue Code, as amended. An owner or person in charge of such a motor vehicle who has been exempted from the use tax by the Secretary of the Treasury shall present proof of such exemption in lieu of proof of payment. When an application is made through a licensed motor vehicle dealer as required in s. 319.23, the original or photostatic copy of such prescribed proof shall be forwarded by the dealer to the tax collector or the department for processing. The issuing agent shall refuse to issue a registration if such prescribed proof is not presented. Any person making a false affidavit in order to furnish false proof or to knowingly permit another person to furnish such false proof is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (8) The application form for motor vehicle registration shall include language permitting a voluntary contribution of $1 per applicant, which contribution shall be paid into the Nongame Wildlife Trust Fund. The application form shall also include language providing for a voluntary contribution of $2, which shall be paid into the Highway Safety Operating Trust Fund and used to purchase child safety seats. (9) Before a motor vehicle which has not been manufactured in accordance with the federal Clean Air Act and the federal Motor Vehicle Safety Act can be sold to a consumer and titled and registered in this state, the motor vehicle must be certified by the United States Bureau of Customs and Border Protection or the United States Department of Transportation and the United States Environmental Protection Agency to be in compliance with these federal standards. A vehicle which is registered pursuant to this subsection shall not be titled as a new motor vehicle. (10) An owner or person in charge of a motor vehicle subject to inspection pursuant to the Clean Outdoor Air Law shall provide proof of inspection or waiver at the time of registration of any such motor vehicle. The issuing agent shall refuse to register a motor vehicle if such proof of inspection or waiver is not provided. (11) The department shall audit affidavits utilized as proof of insurance under subsection (5) to verify that the affidavits are not false. The department shall take action as appropriate with respect to false affidavits. (12) The department is authorized to Florida Traffic Statutes 352 withhold registration or reregistration of any motor vehicle if the owner, or one of the coowners of the vehicle, has a driver license which is under suspension for the failure to remit payment of any fines levied in this state pursuant to chapter 318 or chapter 322. (13) (a) The license inspectors appointed by the department pursuant to s. 320.58 are empowered to issue a notice of violation on a form prescribed by the department to unattended motor vehicles that reasonably appear to such examiners to be required to be registered under this chapter and that are not so registered. The notice of violation shall include a summary of the provisions of this section and shall contain such other information as the department in its discretion shall determine. (b) The owner or person in charge of any vehicle that is issued a notice of violation pursuant to this section shall, within 30 days of the date of issuance shown on the notice, register the vehicle as required by this chapter or provide proof satisfactory to the department that the vehicle is exempt from such registration. If the vehicle is not registered or the proof is not provided on or after the 31st day following the date of issuance shown on the notice, the department is authorized to immobilize the vehicle by use of an immobilization device. Upon proof of registration of the vehicle or proof satisfactory to the department that the vehicle is exempt from such registration, the department shall remove the immobilization device. The department shall immediately remove, at no charge, any immobilization device that has been placed on any vehicle in error. (c) The license inspectors appointed by the department pursuant to s. 320.58 are empowered to enter upon both publicly owned and privately owned property in order to carry out the provisions of this section. (d) Any person who, without the authorization of the department, disables, removes, tampers with, damages, or unlocks an immobilization device placed on a vehicle pursuant to this section, or who attempts to do so, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (14) The application form for motor vehicle registration must include language permitting a voluntary contribution of $1 per applicant, which contribution must be transferred into the Transportation Disadvantaged Trust Fund created in s. 427.0159 and must be expended as provided in that section. (15) (a) The application form for motor vehicle registration shall include language permitting the voluntary contribution of $1 per applicant, to be quarterly distributed by the department to Prevent Blindness Florida, a not-for-profit organization, to prevent blindness and preserve the sight of the residents of this state. A statement providing an explanation of the purpose of the funds shall be included with the application form. Prior to the department distributing the funds collected pursuant to this paragraph, Prevent Blindness Florida must submit a report to the department that identifies how such funds were used during the preceding year. (b) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution to the Florida Mothers Against Drunk Driving, Inc., which contribution must be transferred by the department to the Florida Mothers Against Drunk Driving, Inc., on a monthly basis. (c) The application form for motor vehicle registration shall include language permitting the voluntary contribution of $1 per applicant, to be distributed quarterly by the department to Southeastern Guide Dogs, Inc., a corporation not for profit under s. 501(c)(3) of the Internal Revenue Code, to be used by that organization for the purpose of breeding, raising, and training guide dogs for the blind. Such funds may also be used toward the costs of the required in-residence training for the individual receiving a guide dog. (d) The application form for motor vehicle registration shall include language permitting the voluntary contribution of $1 per applicant to Stop Heart Disease. The proceeds shall be distributed quarterly by the department to the Miami Heart Research Institute, Inc., doing business as the Florida Heart Research Institute, a corporation not for profit under s. 501(c)(3) of the Internal Revenue Code, to be used by that organization for the purpose of heart disease research, education, and prevention programs. (e) The application form for motor vehicle registration and renewal registration must include language permitting a voluntary contribution of $1 per applicant, which contribution must be distributed to the Florida Traffic Statutes 353 Children’s Hearing Help Fund to be used for purposes provided for the fund. (f) Notwithstanding s. 320.023, the application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 per applicant to the state homes for veterans, to be distributed on a quarterly basis by the department to the Operations and Maintenance Trust Fund within the Department of Veterans’ Affairs. (g) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to Family First. Such contributions must be transferred by the department each month to Family First, a nonprofit organization. (h) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to Florida Sheriffs Youth Ranches, Inc. Such contributions must be transferred by the department each month to Florida Sheriffs Youth Ranches, Inc., a not-for-profit organization. (i) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to Blind Babies and Blind Youth Services. Such contributions shall be transferred by the department each month to the Florida Association of Agencies Serving the Blind, Inc., a not-for-profit organization. (j) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 for services for persons with developmental disabilities. Such contributions shall be transferred by the department to The Arc of Florida to be used by that organization for programs and services in this state for persons with developmental disabilities. (k) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to the Ronald McDonald House. Such contributions shall be transferred by the department each month to Ronald McDonald House Charities of Tampa Bay, Inc. (l) Notwithstanding s. 320.023, the application forms for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 per applicant, which shall be distributed to the League Against Cancer/La Liga Contra el Cancer. Such contributions shall be distributed by the department to the League Against Cancer/La Liga Contra el Cancer, a not-for-profit organization that provides free medical care to needy cancer patients. The department shall retain all contributions necessary, up to a maximum of $10,000, to defray the cost of including the voluntary contribution language on the registration forms. (m)The application forms for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to Prevent Child Sexual Abuse. Such contributions shall be distributed by the department to Lauren’s Kids, Inc., a corporation not for profit under s. 501(c)(3) of the Internal Revenue Code. The funds shall be used by the organization for the prevention of childhood sexual abuse. (n) The application form for motor vehicle registration and renewal registration must include language permitting the voluntary contribution of $1 per applicant, to be distributed quarterly by the department to Florida Network of Children’s Advocacy Centers, Inc. The network may retain a maximum of 50 percent of the revenues to support the activities of the network and shall distribute the remainder equitably among the network members, as determined by the board of directors of the network. (o) The application form for motor vehicle registration and renewal registration must include language permitting a voluntary contribution of $1 to the Florida Association of Food Banks, Inc. The proceeds shall be distributed by the department each month to the Florida Association of Food Banks, Inc., to be used by that organization for the purpose of ending hunger in this state. (p) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 per applicant for Autism Services and Supports. Such contributions must be transferred by the department each month to the Achievement and Rehabilitation Centers, Inc., Autism Services Fund. (q) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 per applicant to Support Our Troops, which shall be distributed monthly to Support Our Troops, Inc., a Florida Traffic Statutes 354 Florida not-for-profit organization. (r) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 to Take Stock In Children. Such contributions shall be transferred by the department to Take Stock In Children, Inc. (s) Notwithstanding s. 320.023, the application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 per applicant to aid the homeless. Contributions made pursuant to this paragraph shall be deposited into the Grants and Donations Trust Fund of the Department of Children and Families and used by the State Office on Homelessness to supplement grants made under s. 420.622(4) and (5), provide information to the public about homelessness in the state, and provide literature for homeless persons seeking assistance. The application fee required under s. 320.023 for an organization that seeks authorization to establish a voluntary contribution does not apply to this paragraph. (t) The application form for motor vehicle registration and renewal registration must include language permitting a voluntary contribution of $1 or more per applicant, which shall be distributed to the Auto Club Group Traffic Safety Foundation, Inc., a nonprofit organization. Funds received by the foundation must be used to improve traffic safety culture in communities through effective outreach, education, and activities in the state which will save lives, reduce injuries, and prevent crashes. The foundation must comply with s. 320.023. (u) The application form for motor vehicle registration and renewal of registration must include language permitting a voluntary contribution of $1 or more per applicant to End Breast Cancer. Such contributions shall be distributed by the department to the Florida Breast Cancer Coalition Research Foundation, Inc., an organization not-for-profit under s. 501(c)(3) of the Internal Revenue Code, and shall be used for breast cancer research and education. For the purpose of applying the service charge provided in s. 215.20, contributions received under this subsection are not income of a revenue nature. (16) The department is authorized to withhold registration or re-registration of a motor vehicle if the name of the owner or of a coowner appears on a list submitted to the department by a licensed motor vehicle dealer for a previous registration of that vehicle. The department shall place the name of the registered owner of that vehicle on the list of those persons who may not be issued a license plate, revalidation sticker, or replacement plate for the vehicle purchased from the licensed motor vehicle dealer. The motor vehicle dealer must maintain signed evidence that the owner or coowner acknowledged the dealer’s authority to submit the list to the department if he or she failed to pay and must note the amount for which the owner or coowner would be responsible for the vehicle registration. The dealer must maintain the necessary documentation required in this subsection or face penalties as provided in s. 320.27. This subsection does not affect the issuance of a title to a motor vehicle. (a) The motor vehicle owner or coowner may dispute the claim that money is owed to a dealer for registration fees by submitting a form to the department if the motor vehicle owner or coowner has documentary proof that the registration fees have been paid to the dealer for the disputed amount. Without clear evidence of the amounts owed for the vehicle registration and repayment, the department will assume initial payments are applied to government-assessed fees first. (b) If the registered owner’s dispute complies with paragraph (a), the department shall immediately remove the motor vehicle owner or coowner’s name from the list, thereby allowing the issuance of a license plate or revalidation sticker. (17) If an applicant’s name appears on a list of persons who may not be issued a license plate, revalidation sticker, or replacement license plate after a written notice to surrender a vehicle was submitted to the department by a lienor as provided in s. 320.1316, the department shall withhold renewal of registration or replacement registration of the motor vehicle identified in the notice submitted by the lienor. The lienor must maintain proof that written notice to surrender the vehicle was sent to each registered owner pursuant to s. 320.1316(1). A revalidation sticker or replacement license plate may not be issued for the identified vehicle until the person’s name no longer appears on the list, the person presents documentation from the lienor that the vehicle has been surrendered to the lienor, or a court orders the person’s name removed from the list as provided in s. 320.1316. The department Florida Traffic Statutes 355 may not withhold an initial registration in connection with an applicant’s purchase or lease of a motor vehicle solely because the applicant’s name is on the list created by s. 320.1316. (18) The department shall retain all electronic registration records for at least 10 years. (19) A personal delivery device as defined in s. 316.003 is not required to satisfy the registration and insurance requirements of this section. 320.025 Registration certificate and license plate or decal issued under fictitious name; application. (1) A confidential registration certificate and registration license plate or decal shall be issued under a fictitious name only for a motor vehicle or vessel owned or operated by a law enforcement agency of state, county, municipal, or federal government, the Attorney General's Medicaid Fraud Control Unit, or any state public defender's office. The requesting agency shall file a written application with the department on forms furnished by the department, which includes a statement that the license plate or decal will be used for the Attorney General's Medicaid Fraud Control Unit or law enforcement or any state public defender's office activities requiring concealment of publicly leased or owned motor vehicles or vessels and a statement of the position classifications of the individuals who are authorized to use the license plate or decal. The department may modify its records to reflect the fictitious identity of the owner or lessee until such time as the license plate or decal and registration certificate are surrendered to it. (2) Except as provided in subsection (1), any motor vehicle owned or exclusively operated by the state or any county, municipality, or other governmental entity must at all times display a license plate of the type prescribed in s. 320.0655. Any vessel owned or exclusively operated by the state or any county, municipality, or other governmental entity must at all times display a registration number as required in s. 328.56 and a vessel decal as required in s. 328.48(5). (3) This section constitutes an exception to other statutes relating to falsification of public records, false swearing, and similar matters. All records relating to the registration application of the Attorney General's Medicaid Fraud Control Unit, a law enforcement agency, or any state public defender's office, and records necessary to carry out the intended purpose of this section, are exempt from the provisions of s. 119.07(1), and s. 24(a), Art. I of the State Constitution as long as the information is retained by the department. This section does not prohibit other personations, fabrications, or creations of false identifications by the Attorney General's Medicaid Fraud Control Unit, or law enforcement or public defender's officers in the official performance of covert operations. 320.0601 Lease and rental car companies; identification of vehicles as for-hire. (1) A rental car company may not rent in this state any for-hire vehicle, other than vehicles designed to transport cargo, that has affixed to its exterior any bumper stickers, insignias, or advertising that identifies the vehicle as a rental vehicle. (2) As used in this section, the term: (a) "Bumper stickers, insignias, or advertising" does not include: 1. Any emblem of no more than two colors which is less than 2 inches by 4 inches, which is placed on the rental car for inventory purposes only, and which does not display the name or logo of the rental car company; or 2. Any license required by the law of the state in which the vehicle is registered. (b) "Rent in this state" means to sign a rental contract in this state or to deliver a car to a renter in this state. (3) A rental car company that leases a motor vehicle that is found to be in violation of this section shall be punished by a fine of $500 per occurrence. (4) Any registration or renewal as required under s. 320.02 for an original or transfer of a long-term leased motor vehicle must be in the name and address of the lessee. 320.0605 Certificate of registration; possession required; exception. (1) The registration certificate or an official copy thereof, a true copy of rental or lease documentation issued for a motor vehicle or issued for a replacement vehicle in the same registration period, a temporary receipt printed upon self-initiated electronic renewal of a registration via the Internet, or a cab card issued for a vehicle registered under the International Registration Plan shall, at all times while the vehicle is being Florida Traffic Statutes 356 used or operated on the roads of this state, be in the possession of the operator thereof or be carried in the vehicle for which issued and shall be exhibited upon demand of any authorized law enforcement officer or any agent of the department, except for a vehicle registered under s. 320.0657. The provisions of this section do not apply during the first 30 days after purchase of a replacement vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) Rental or lease documentation that is sufficient to satisfy the requirement in subsection (1) includes the following: (a) Date of rental and time of exit from rental facility; (b) Rental station identification; (c) Rental agreement number; (d) Rental vehicle identification number; (e) Rental vehicle license plate number and state of registration; (f) Vehicle’s make, model, and color; (g) Vehicle’s mileage; and (h) Authorized renter’s name. 320.0607 Replacement license plates, validation decal, or mobile home sticker. (1) Any law enforcement officer or department license and registration inspector may at any time inspect a license plate or validation decal for proper display and legibility as prescribed by chapter 316. A damaged or defaced plate or decal may be required to be replaced. (2) When a license plate, mobile home sticker, or validation decal has been lost, stolen, or destroyed, the owner of the motor vehicle or mobile home for which the plate, sticker, or decal was issued shall make application to the department for a replacement. The application shall contain the plate, sticker, or decal number being replaced and a statement that the item was lost, stolen, or destroyed. If the application includes a copy of the police report prepared in response to a report of a stolen plate, sticker, or decal, such plate, sticker, or decal must be replaced at no charge. (3) Except as provided in subsection (2), upon filing of an application accompanied by a fee of $28 plus applicable service charges, the department shall issue a replacement plate, sticker, or decal, as applicable, if it is satisfied that the information reported in the application is true. The replacement fee shall be deposited into the Highway Safety Operating Trust Fund. (4) Any license plate, sticker, or decal lost in the mail may be replaced at no charge. Neither the service charge nor the replacement fee shall be applied to this replacement. However, the application for a replacement shall contain a statement of such fact, the audit number of the lost item, and the date issued. (5) Upon the issuance of an original license plate, the applicant shall pay a fee of $28 to be deposited in the Highway Safety Operating Trust Fund. (6) All funds derived from the sale of temporary tags under the provisions of s. 320.131 shall be deposited in the Highway Safety Operating Trust Fund. 320.061 Unlawful to alter motor vehicle registration certificates, license plates, temporary license plates, mobile home stickers, or validation stickers or to obscure license plates; penalty. A person may not alter the original appearance of a vehicle registration certificate, license plate, temporary license plate, mobile home sticker, or validation sticker issued for and assigned to a motor vehicle or mobile home, whether by mutilation, alteration, defacement, or change of color or in any other manner. A person may not apply or attach a substance, reflective matter, illuminated device, spray, coating, covering, or other material onto or around any license plate which interferes with the legibility, angular visibility, or detectability of any feature or detail on the license plate or interferes with the ability to record any feature or detail on the license plate. A person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 320.07 Expiration of registration; renewal required; penalties. (1) The registration of a motor vehicle or mobile home expires at midnight on the last day of the registration or extended registration period, or for a motor vehicle or mobile home owner who is a natural person, at midnight on the owner’s birthday. A vehicle may not be operated on the roads of this state after expiration of the renewal period, or, for a natural person, at midnight on the owner’s birthday, unless the registration has been renewed according to law. (2) Registration shall be renewed Florida Traffic Statutes 357 semiannually, annually, or biennially, as provided in this subsection, during the applicable renewal period, upon payment of the applicable license tax amounts required by s. 320.08, service charges required by s. 320.04, and any additional fees required by law. (a) Any person who owns a motor vehicle registered under s. 320.08(4), (6)(b), or (13) may register semiannually as provided in s. 320.0705. (b) Any person who owns a motor vehicle or mobile home registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6), (7), (8), (9), (10), or (11) may renew the vehicle registration biennially during the applicable renewal period upon payment of the 2-year cumulative total of all applicable license tax amounts required by s. 320.08 and service charges or surcharges required by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, and 320.08056 and payment of the 2-year cumulative total of any additional fees required by law for an annual registration. (3) The operation of any motor vehicle without having attached thereto a registration license plate and validation stickers, or the use of any mobile home without having attached thereto a mobile home sticker, for the current registration period shall subject the owner thereof, if he or she is present, or, if the owner is not present, the operator thereof to the following penalty provisions: (a) Any person whose motor vehicle or mobile home registration has been expired for a period of 6 months or less commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. However, a law enforcement officer may not issue a citation for a violation under this paragraph until midnight on the last day of the owner’s birth month of the year the registration expires. (b) Any person whose motor vehicle or mobile home registration has been expired for more than 6 months, upon a first offense, is subject to the penalty provided in s. 318.14. (c) Any person whose motor vehicle or mobile home registration has been expired for more than 6 months, upon a second or subsequent offense, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (d) However, an operator shall not be charged with a violation of this subsection if the operator can show, pursuant to a valid lease agreement, that the vehicle had been leased for a period of 30 days or less at the time of the offense. (e) Any servicemember, as defined in s. 250.01, whose mobile home registration expired while he or she was serving on active duty or state active duty shall not be charged with a violation of this subsection if, at the time of the offense, the servicemember was serving on active duty or state active duty 35 miles or more from the mobile home. The servicemember must present to the department either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer to receive a waiver of charges. (f) The owner of a leased motor vehicle is not responsible for any penalty specified in this subsection if the motor vehicle is registered in the name of the lessee of the motor vehicle. (4) (a) In addition to a penalty provided in subsection (3), a delinquent fee based on the following schedule of license taxes shall be imposed on any applicant who fails to renew a registration prior to the end of the month in which renewal registration is due. The delinquent fee shall be applied beginning on the 11th calendar day of the month succeeding the renewal period. The delinquent fee does not apply to those vehicles that have not been required to be registered during the preceding registration period or as provided in s. 320.18(2). The delinquent fee shall be imposed as follows: 1. License tax of $5 but not more than $25: $5 flat. 2. License tax over $25 but not more than $50: $10 flat. 3. License tax over $50 but not more than $100: $15 flat. 4. License tax over $100 but not more than $400: $50 flat. 5. License tax over $400 but not more than $600: $100 flat. 6. License tax over $600 and up: $250 flat. (b) A person who has been assessed a penalty pursuant to s. 316.545(2)(b) for failure to have a valid vehicle registration certificate is not subject to the delinquent fee authorized by this subsection if such person obtains a valid registration certificate within 10 working days after such penalty was assessed. The official receipt authorized by s. 316.545(6) constitutes proof of payment of the penalty authorized in s. 316.545(2)(b). Florida Traffic Statutes 358 (c) The owner of a leased motor vehicle is not responsible for any delinquent fee specified in this subsection if the motor vehicle is registered in the name of the lessee of the motor vehicle. (5) Any servicemember, as defined in s. 250.01, whose motor vehicle or mobile home registration has expired while he or she was serving on active duty or state active duty may renew his or her registration upon return from active duty or state active duty without penalty, if the servicemember served on active duty or state active duty 35 miles or more from the servicemember’s home of record prior to entering active duty or state active duty. The servicemember must provide to the department either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer to receive a waiver of delinquent fees. (6) Delinquent fees imposed under this section are not apportionable under the International Registration Plan. 320.0706 Display of license plates on trucks. The owner of any commercial truck of gross vehicle weight of 26,001 pounds or more shall display the registration license plate on both the front and rear of the truck in conformance with all the requirements of s. 316.605 that do not conflict with this section. The owner of a dump truck may place the rear license plate on the gate no higher than 60 inches to allow for better visibility. However, the owner of a truck tractor shall be required to display the registration license plate only on the front of such vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. 320.0803 Moped license plates. (1) Any other provision of law to the contrary notwithstanding, registration and payment of license taxes in accordance with these requirements and for the purposes stated herein shall in no way be construed as placing any requirements upon mopeds other than the requirements of registration and payment of license taxes. (2) Each request for a license plate for a moped shall be submitted to the department or its agent on an application form supplied by the department, accompanied by the license tax required in s. 320.08. (3) The license plate for a moped shall be 4 inches wide by 7 inches long. (4) A license plate for a moped shall be of the same material as license plates issued pursuant to s. 320.06; however, the word "Florida" shall be stamped across the top of the plate in small letters. 320.0848 Persons who have disabilities; issuance of disabled parking permits; temporary permits; permits for certain providers of transportation services to persons who have disabilities. (1) (a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall, upon application and receipt of the fee, issue a disabled parking permit for a period of up to 4 years, which period ends on the applicant’s birthday, to any person who has long-term mobility impairment, or a temporary disabled parking permit not to exceed 6 months to any person who has a temporary mobility impairment. No person will be required to pay a fee for a parking permit for disabled persons more than once in a 12-month period from the date of the prior fee payment. (b) 1. The person must be currently certified as being legally blind or as having any of the following disabilities that render him or her unable to walk 200 feet without stopping to rest: a. Inability to walk without the use of or assistance from a brace, cane, crutch, prosthetic device, or other assistive device, or without the assistance of another person. If the assistive device significantly restores the person’s ability to walk to the extent that the person can walk without severe limitation, the person is not eligible for the exemption parking permit. b. The need to permanently use a wheelchair. c. Restriction by lung disease to the extent that the person’s forced (respiratory) expiratory volume for 1 second, when measured by spirometry, is less than 1 liter, or the person’s arterial oxygen is less than 60 mm/hg on room air at rest. d. Use of portable oxygen. e. Restriction by cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association. f. Severe limitation in the person’s ability to walk due to an arthritic, neurological, or orthopedic condition. Florida Traffic Statutes 359 2. The certification of disability which is required under subparagraph 1. must be provided by a physician licensed under chapter 458, chapter 459, or chapter 460, by a podiatric physician licensed under chapter 461, by an optometrist licensed under chapter 463, by an advanced registered nurse practitioner licensed under chapter 464 under the protocol of a licensed physician as stated in this subparagraph, by a physician assistant licensed under chapter 458 or chapter 459, or by a similarly licensed physician from another state if the application is accompanied by documentation of the physician’s licensure in the other state and a form signed by the out-of-state physician verifying his or her knowledge of this state’s eligibility guidelines. (c) The certificate of disability must include, but need not be limited to: 1. The disability of the applicant; the certifying practitioner’s name and address; the practitioner’s certification number; the eligibility criteria for the permit; the penalty for falsification by either the certifying practitioner or the applicant; the duration of the condition that entitles the person to the permit; and justification for the additional placard pursuant to subsection (2). 2. The statement, in bold letters: “A disabled parking permit may be issued only for a medical necessity that severely affects mobility.” 3. The signatures of: a. The applicant’s physician or other certifying practitioner. b. The applicant or the applicant’s parent or guardian. c. The employee of the department’s authorized agent which employee is processing the application. (d) The department shall renew the disabled parking permit of any person certified as permanently disabled on the application if the person provides a certificate of disability issued within the last 12 months pursuant to this subsection. A veteran who has been previously evaluated and certified by the United States Department of Veterans Affairs or any branch of the United States Armed Forces as permanently and totally disabled from a service-connected disability may provide a United States Department of Veterans Affairs Form Letter 27-333, or its equivalent, issued within the last 12 months in lieu of a certificate of disability. (e) The Department of Highway Safety and Motor Vehicles shall, in consultation with the Commission for the Transportation Disadvantaged, adopt rules, in accordance with chapter 120, for the issuance of a disabled parking permit to any organization that can adequately demonstrate a bona fide need for such a permit because the organization provides regular transportation services to persons who have disabilities and are certified as provided in this subsection. (2)DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM MOBILITY PROBLEMS. (a) The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle. Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible. One side of the placard must display the applicant’s driver license number or state identification card number along with a warning that the applicant must have such identification at all times while using the parking permit. In those cases where the severity of the disability prevents a disabled person from physically visiting or being transported to a driver license or tax collector office to obtain a driver license or identification card, a certifying physician may sign the exemption section of the department’s parking permit application to exempt the disabled person from being issued a driver license or identification card for the number to be displayed on the parking permit. A validation sticker must also be issued with each disabled parking permit, showing the month and year of expiration on each side of the placard. Validation stickers must be of the size specified by the Department of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits. The disabled parking permits must use the same colors as license plate validations. (b) License plates issued under ss. 320.084, 320.0842, 320.0843, and 320.0845 are valid for the same parking privileges and other privileges provided under ss. 316.1955, 316.1964, and 526.141(5)(a). (c) The department shall not issue an additional disabled parking permit unless the applicant states that he or she is a frequent traveler or a quadriplegic. The department may not issue to any one Florida Traffic Statutes 360 eligible applicant more than two disabled parking permits except to an organization in accordance with paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to this subsection. (d) To obtain a replacement for a disabled parking permit that has been lost or stolen, a person must submit an application on a form prescribed by the department, provide a certificate of disability issued within the last 12 months pursuant to subsection (1), and pay a replacement fee in the amount of $1, to be retained by the issuing agency. If the person submits with the application a police report documenting that the permit was stolen, there is no replacement fee. A veteran who has been previously evaluated and certified by the United States Department of Veterans Affairs or any branch of the United States Armed Forces as permanently and totally disabled from a service-connected disability may provide a United States Department of Veterans Affairs Form Letter 27-333, or its equivalent, issued within the last 12 months in lieu of a certificate of disability. (e) A person who qualifies for a disabled parking permit under this section may be issued an international wheelchair user symbol license plate under s. 320.0843 in lieu of the disabled parking permit; or, if the person qualifies for a “DV” license plate under s. 320.084, such a license plate may be issued to him or her in lieu of a disabled parking permit. (3)DISABLED PARKING PERMIT; TEMPORARY. (a) The temporary disabled parking permit is a placard of a different color from the color of the long-term disabled parking permit placard, and must clearly display the date of expiration in large print and with color coding, but is identical to the long-term disabled parking permit placard in all other respects, including, but not limited to, the inclusion of a state identification card number or driver license number on one side of the temporary permit. The temporary disabled parking permit placard must be designed to conspicuously display the expiration date of the permit on the front and back of the placard. (b) The department shall issue the temporary disabled parking permit for the period of the disability as stated by the certifying physician, but not to exceed 6 months. (c) The fee for a temporary disabled parking permit is $15. (4) From the proceeds of the temporary disabled parking permit fees: (a) The Department of Highway Safety and Motor Vehicles must receive $3.50 for each temporary permit, to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disabled parking permit program. (b) The tax collector, for processing, must receive $2.50 for each temporary permit. (c) The remainder must be distributed monthly as follows: 1. To be deposited in the Grants and Donations Trust Fund of the Division of Vocational Rehabilitation of the Department of Education for the purpose of improving employment and training opportunities for persons who have disabilities, with special emphasis on removing transportation barriers, $4. 2. To be deposited in the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities, $5. (5) The applications for disabled parking permits and temporary disabled parking permits are official state documents. The following statement must appear on each application form immediately below the physician’s signature and immediately below the applicant’s signature: “Knowingly providing false information on this application is a misdemeanor of the first degree, punishable as provided in s. 775.082, Florida Statutes, or s. 775.083, Florida Statutes. The penalty is up to 1 year in jail or a fine of $1,000, or both.” (6) Any person who knowingly makes a false or misleading statement in an application or certification under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person who fraudulently obtains or unlawfully displays a disabled parking permit that belongs to another person while occupying a disabled parking space or an access aisle as defined in s. 553.5041 while the owner of the permit is not being transported in the vehicle or who uses an unauthorized replica of such a disabled parking permit with the intent to deceive is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (8) A law enforcement officer or a parking Florida Traffic Statutes 361 enforcement specialist may confiscate the disabled parking permit from any person who fraudulently obtains or unlawfully uses such a permit. A law enforcement officer or a parking enforcement specialist may confiscate any disabled parking permit that is expired, reported as lost or stolen, or defaced or that does not display a personal identification number. (a) The permit number of each confiscated permit must be submitted to the department, and the fact that the permit has been confiscated must be noted on the permitholder’s record. If two permits issued to the same person have been confiscated, the department shall refer the information to the central abuse hotline of the Department of Children and Families for an investigation of potential abuse, neglect, or exploitation of the permit owner. (b) A confiscated permit must be held as evidence until a judicial decision about the violation has been made. After a finding of guilt has been made or a plea of nolo contendere has been entered, the charging agency shall destroy the confiscated permit. A confiscated permit may not, under any circumstances, be returned to its registered owner after a finding of guilt has been made or a plea of nolo contendere has been entered in court. If a finding of guilt has been made or a plea of nolo contendere has been entered for fraudulent or other unlawful use of a disabled parking permit after a prior finding of guilt or plea of nolo contendere for fraudulent or other unlawful use of a disabled parking permit issued to the same registered permitholder, the permitholder may not apply for a new disabled parking permit for 4 years. The permit number of each destroyed permit must be reported to the department, and the department must record in the real-time disabled parking permit database that the permit has been invalidated. (9) (a) At least once every 6 months, the department shall randomly review disabled parking permitholders to ensure that all required criteria for the ownership and possession of such permit remain valid. As a component of the review, the department shall, at a minimum: 1. Review death records maintained by the Department of Health to ensure that the permitholder has not died. 2. Review the number of times the permit has been confiscated for fraudulent or unlawful use, if at all. 3. Determine if the permit has ever been reported lost or stolen and, if so, determine the current status of the permit. (b) At least annually, the department shall verify that the owner of each disabled parking permit has not died. Such verification shall include, but need not be limited to, consultation of death records maintained by the Department of Health. If a disabled parking permitholder is found to be deceased, the department shall promptly invalidate the decedent’s disabled parking permit. (10) The department shall develop and implement a means by which persons can report abuse of disabled parking permits by telephone hotline or by submitting a form online or by mail. (11) A violation of this section is grounds for disciplinary action under s. 458.331, s. 459.015, s. 460.413, s. 461.013, s. 463.016, or s. 464.018, as applicable. 320.105 Golf carts and utility vehicles; exemption. Golf carts and utility vehicles, as defined in s. 320.01, when operated in accordance with s. 316.212 or s. 316.2126, are exempt from provisions of this chapter which require the registration of vehicles or the display of license plates. 320.131 Temporary tags. (1) The department is authorized and empowered to design, issue, and regulate the use of temporary tags to be designated “temporary tags” for use in the following cases: (a) Where a dealer license plate may not be lawfully used. (b) For a casual or private sale, including the sale of a marine boat trailer by a marine boat trailer dealer. A “casual or private sale” means any sale other than that by a licensed dealer. (c) For certified common carriers or driveaway companies who transport motor vehicles, mobile homes, or recreational vehicles from one place to another for persons other than themselves. (d) For banks, credit unions, and other financial institutions which are not required to be licensed under the provisions of s. 320.27, s. 320.77, or s. 320.771, but need temporary tags for the purpose of demonstrating repossessions for sale. (e) Where a motor vehicle is sold in this state to a resident of another state for registration therein and the motor vehicle is not required to be registered under the Florida Traffic Statutes 362 provisions of s. 320.38. (f) Where a motor vehicle is required to be weighed or emission tested prior to registration or have a vehicle identification number verified. A temporary tag issued for any of these purposes shall be valid for 10 days. (g) Where an out-of-state resident, subject to registration in this state, must secure ownership documentation from the home state. (h) For a rental car company which possesses a motor vehicle dealer license and which may use temporary tags on vehicles offered for lease by such company in accordance with the provisions of rules established by the department. However, the original issuance date of a temporary tag shall be the date which determines the applicable license plate fee. (i) In the resolution of a consumer complaint where there is a need to issue more than two temporary tags, the department may do so. (j) While a personalized prestige or specialty license plate is being manufactured for use upon the motor vehicle. A temporary tag issued for this purpose shall be valid for 90 days. (k) In any case where a permanent license plate cannot legally be issued to an applicant and a temporary license plate is not specifically authorized under the provisions of this section, the department shall have the discretion to issue or authorize agents or Florida licensed dealers to issue temporary license plates to applicants demonstrating a need for such temporary use. (l) For use by licensed dealers to transport motor vehicles and recreational vehicles from the dealer’s licensed location to an off-premise sales location and return. Temporary tags used for such purposes shall be issued to the licensed dealer who owns the vehicles. Further, the department is authorized to disallow the purchase of temporary tags by licensed dealers, common carriers, or financial institutions in those cases where abuse has occurred. (2) The department is authorized to sell temporary tags, in addition to those listed above, to their agents and where need is demonstrated by a consumer complainant. The fee shall be $2 each. One dollar from each tag sold shall be deposited into the Brain and Spinal Cord Injury Program Trust Fund, with the remaining proceeds being deposited into the Highway Safety Operating Trust Fund. Agents of the department shall sell temporary tags for $2 each and shall charge the service charge authorized by s. 320.04 per transaction, regardless of the quantity sold. Requests for purchase of temporary tags to the department or its agents shall be made, where applicable, on letterhead stationery and notarized. Except as specifically provided otherwise, a temporary tag shall be valid for 30 days, and no more than two shall be issued to the same person for the same vehicle. (3) Any person or corporation who unlawfully issues or uses a temporary tag or violates this section or any rule adopted by the department to implement this section commits a noncriminal infraction, punishable as a moving violation as provided in chapter 318 in addition to other administrative action by the department. Using a temporary tag that has been expired for a period of 7 days or less is a noncriminal infraction, and is a nonmoving violation punishable as provided for in chapter 318. (4)(a) Temporary tags shall be conspicuously displayed in the rear license plate bracket or, on vehicles requiring front display of license plates, on the front of the vehicle in the location where the metal license plate would normally be displayed. (b) The department shall designate specifications for the media upon which the temporary tag is printed. Such media shall be either nonpermeable or subject to weatherproofing so that it maintains its structural integrity, including graphic and data adhesion, in all weather conditions after being placed on a vehicle. (5) Any person who knowingly and willfully abuses or misuses temporary tag issuance to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any person who knowingly and willfully issues a temporary tag or causes another to issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner of a vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) Any person authorized by this section to purchase and issue a temporary tag shall maintain records as required by this chapter or departmental rules, and such records shall be open to inspection by the Florida Traffic Statutes 363 department or its agents during reasonable business hours. Any person who knowingly and willfully fails to comply with this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (8) The department shall administer an electronic system for licensed motor vehicle dealers to use for issuing temporary tags. If a dealer fails to comply with the department’s requirements for issuing temporary tags using the electronic system, the department may deny, suspend, or revoke a license under s. 320.27(9)(b)16. upon proof that the licensee has failed to comply with the department’s requirements. The department may adopt rules to administer this section. (9)(a) The department shall implement a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by every department-authorized issuer of temporary tags by the end of the 2007-2008 fiscal year. Such system shall enable the department to issue, on demand, a temporary tag number in response to a request from the issuer by way of a secure electronic exchange of data and then enable the issuer to print the temporary tag that has all required information. A motor vehicle dealer licensed under this chapter may charge a fee to comply with this subsection. (b) To ensure the continuation of operations for issuers if a system outage occurs, the department shall allow the limited use of a backup manual issuance method during an outage which requires recordkeeping of information as determined by the department and which requires the timely electronic reporting of this information to the department. (c) The department may adopt rules necessary to 3administer this subsection. Such rules may include exemptions from the requirements of this subsection as feasibly required to administer the program, as well as exemptions for issuers who do not require a dealer license under this chapter because of the type or size of vehicle being sold. 320.1325 Registration required for the temporarily employed. Motor vehicles owned or leased by persons who are temporarily employed within the state but are not residents are required to be registered. Upon payment of the fees prescribed in this section and proof of insurance coverage as required by the applicant's resident state, the department shall provide a temporary registration plate and a registration certificate valid for 90 days to an applicant who is temporarily employed in this state. The temporary registration plate may be renewed one time for an additional 90-day period. At the end of the 180-day period of temporary registration, the applicant shall apply for a permanent registration if there is a further need to remain in this state. A temporary license registration plate may not be issued for any commercial motor vehicle as defined in s. 320.01. The fee for the 90-day temporary registration plate shall be $40 plus the applicable service charge required by s. 320.04. Subsequent permanent registration and titling of a vehicle registered hereunder shall subject the applicant to providing proof of Florida insurance coverage as specified in s. 320.02 and payment of the fees required by s. 320.072, in addition to all other taxes and fees required.. 320.26 Counterfeiting license plates, validation stickers, mobile home stickers, cab cards, trip permits, or special temporary operational permits prohibited; penalty. (1) (a) No person shall counterfeit registration license plates, validation stickers, or mobile home stickers, or have in his or her possession any such plates or stickers; nor shall any person manufacture, sell, or dispose of registration license plates, validation stickers, or mobile home stickers in the state without first having obtained the permission and authority of the department in writing. (b) No person shall counterfeit, alter, or manufacture International Registration Plan cab cards, trip permits, special temporary permits, or temporary operational permits; nor shall any person sell or dispose of International Registration Plan cab cards, trip permits, special temporary permits, or temporary operational permits without first having obtained the permission and authority of the department in writing. (2) Any person who violates this section is guilty of a felony of the third degree. (a) If the violator is a natural person, he or she is punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the violator is an association or corporation, it is punishable as provided in s. 775.083, and the official of the Florida Traffic Statutes 364 association or corporation under whose direction or with whose knowledge, consent, or acquiescence such violation occurred may be punished as provided in s. 775.082, in addition to the fine which may be imposed upon such association or corporation. 320.261 Attaching registration license plate not assigned unlawful; penalty. Any person who knowingly attaches to any motor vehicle or mobile home any registration license plate, or who knowingly attaches any validation sticker or mobile home sticker to a registration license plate, which plate or sticker was not issued and assigned or lawfully transferred to such vehicle, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Editors note: 320.261 is now classified as an infraction. Do not arrest!. 320.37 Registration not to apply to nonresidents. (1) The provisions of this chapter relative to the requirement for registration of motor vehicles and display of license number plates do not apply to a motor vehicle owned by a nonresident of this state if the owner thereof has complied with the provisions of the motor vehicle registration or licensing law of the foreign country, state, territory, or federal district of the owner's residence and conspicuously displays his or her registration number as required thereby. (2) The exemption granted by this section does not apply to: (a) A foreign corporation doing business in this state; (b) Motor vehicles operated for hire, including any motor vehicle used in transporting agricultural or horticultural products or supplies if such vehicle otherwise meets the definition of a "for-hire vehicle"; (c) Recreational vehicles or mobile homes located in this state for at least 6 consecutive months; or (d) Commercial vehicles as defined in s. 316.003. 320.38 When nonresident exemption not allowed. The provisions of s. 320.37 authorizing the operation of motor vehicles over the roads of this state by nonresidents of this state when such vehicles are duly registered or licensed under the laws of some other state or foreign country do not apply to any nonresident who accepts employment or engages in any trade, profession, or occupation in this state, except a nonresident migrant or seasonal farm worker as defined in s. 316.003. In every case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003, accepts employment or engages in any trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 10 days after the commencement of such employment or education, register his or her motor vehicles in this state if such motor vehicles are proposed to be operated on the roads of this state. Any person who is enrolled as a student in a college or university and who is a nonresident but who is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined in s. 1005.02, is not required to have a Florida registration for the duration of the work-study program if the person’s vehicle is properly registered in another jurisdiction. Any nonresident who is enrolled as a full-time student in such institution of higher learning is also exempt for the duration of such enrollment. 320.57 Penalties for violations of this chapter. (1) Any person convicted of violating any of the provisions of this chapter is, unless otherwise provided herein, guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) The owner of a truck tractor and semitrailer combination or commercial truck and trailer combination, the actual gross vehicle weight of which exceeds the declared weight for registration purposes, is required to pay to the department the difference between the license tax amount paid and the required license tax due for the proper gross vehicle weight prescribed by s. 320.08(4), plus a civil penalty of $50. CHAPTER 321 HIGHWAY PATROL 321.03 Imitations prohibited; penalty. Unless specifically authorized by the Florida Highway Patrol, a person in the state shall not color or cause to be colored any motor vehicle or motorcycle the same or similar Florida Traffic Statutes 365 color as the color or colors so prescribed for the Florida Highway Patrol. A person who violates this section or s. 321.02 with respect to uniforms, emblems, motor vehicles and motorcycles commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The Department of Highway Safety and Motor Vehicles shall employ such clerical help and mechanics as may be necessary for the economical and efficient operation of such department. 321.051 Florida Highway Patrol wrecker operator system; penalties for operation outside of system. (1) As used in this section, the term: (a) "Authorized wrecker operator" means any wrecker operator who has been designated by the Division of Florida Highway Patrol as part of the wrecker operator system. (b) "Unauthorized wrecker operator" means any wrecker operator who has not been designated by the division as part of the wrecker operator system. (2) The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles is authorized to establish within areas designated by the patrol a wrecker operator system using qualified, reputable wrecker operators for removal and storage of wrecked or disabled vehicles from a crash scene or for removal and storage of abandoned vehicles, in the event the owner or operator is incapacitated or unavailable or leaves the procurement of wrecker service to the officer at the scene. All reputable wrecker operators shall be eligible for use in the system provided their equipment and drivers meet recognized safety qualifications and mechanical standards set by rules of the Division of Florida Highway Patrol for the size of vehicle it is designed to handle. The division is authorized to limit the number of wrecker operators participating in the wrecker operator system, which authority shall not affect wrecker operators currently participating in the system established by this section. The division is authorized to establish maximum rates for the towing and storage of vehicles removed at the division's request, where such rates have not been set by a county or municipality pursuant to s. 125.0103 or s. 166.043. Such rates shall not be considered rules for the purpose of chapter 120; however, the department shall establish by rule a procedure for setting such rates. Any provision in chapter 120 to the contrary notwithstanding, a final order of the department denying, suspending, or revoking a wrecker operator's participation in the system shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such wrecker operator resides. (3) (a) It is unlawful for an unauthorized wrecker operator or its employees or agents to monitor police radio for communications between patrol field units and the dispatcher in order to determine the location of a wrecked or disabled vehicle for the purpose of driving by the scene of such vehicle in a manner described in paragraph (b) or paragraph (c). Any person who violates this paragraph is guilty of a noncriminal violation, punishable as provided in s. 775.083. (b) It is unlawful for an unauthorized wrecker operator to drive by the scene of a wrecked or disabled vehicle before the arrival of the authorized wrecker operator, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle. Any person who violates this paragraph is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) When an unauthorized wrecker operator drives by the scene of a wrecked or disabled vehicle and the owner or operator initiates contact by signaling the wrecker operator to stop and provide towing services, the unauthorized wrecker operator must disclose to the owner or operator of the vehicle that he or she is not an authorized wrecker operator who has been designated as part of the wrecker operator system and must disclose, in writing, what charges for towing and storage will apply before the vehicle is connected to the towing apparatus. Any person who violates this paragraph is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (d) At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to falsely identify himself or herself as being part of the wrecker operator system. Any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) This section does not prohibit, or in any Florida Traffic Statutes 366 way prevent, the owner or operator of a vehicle involved in a crash or otherwise disabled from contacting any wrecker operator for the provision of towing services, whether the wrecker operator is an authorized wrecker operator or not. 321.065 Traffic accident investigation officers; employment; standards. The department may employ traffic accident investigation officers who must complete any applicable standards adopted by the Florida Highway Patrol, including, but not limited to: cognitive testing, drug testing, polygraph testing, psychological testing, and an extensive background check, including a credit check. CHAPTER 322 DRIVERS' LICENSES 322.01 Definitions.. As used in this chapter: (1) “Actual weight” means the weight of a motor vehicle or motor vehicle combination plus the weight of the load carried on it, as determined at a fixed scale operated by the state or as determined by use of a portable scale operated by a law enforcement officer. (2) “Alcohol” means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol. (3) “Alcohol concentration” means: (a) The number of grams of alcohol per 100 milliliters of blood; (b) The number of grams of alcohol per 210 liters of breath; or (c) The number of grams of alcohol per 67 milliliters of urine. (4) “Authorized emergency vehicle” means a vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized by s. 316.2397 to display red or blue lights, and that is on call to respond to emergencies. The term includes, but is not limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles. The term does not include wreckers, utility trucks, or other vehicles that are used only incidentally for emergency purposes. (5) “Cancellation” means the act of declaring a driver’s license void and terminated. (6) “Color photographic driver’s license” means a color photograph of a completed driver’s license form meeting the requirements prescribed in s. 322.14. (7) “Commercial driver’s license” means a Class A, Class B, or Class C driver’s license issued in accordance with the requirements of this chapter. (8) “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which: (a) Has a gross vehicle weight rating of 26,001 pounds or more; (b) Is designed to transport more than 15 persons, including the driver; or (c) Is transporting hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part 172, subpart F. A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved. As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported. (9) “Controlled substance” means any substance classified as such under 21 U.S.C. s. 802(6), Schedules I-V of Title 21 C.F.R. part 1308, or chapter 893. (10) “Convenience service” means any means whereby an individual conducts a transaction with the department other than in person. (11)(a)“Conviction” means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions. (b) Notwithstanding any other provisions of this chapter, the definition of “conviction” provided in 49 C.F.R. part 383.5 applies to offenses committed in a commercial motor vehicle or by a person holding a commercial driver’s license. (12) “Court” means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action. (13) “Declared weight” means the maximum loaded weight declared for purposes of registration, pursuant to chapter 320. Florida Traffic Statutes 367 (14) “Department” means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives. (15) “Disqualification” means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle. (16) “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic. (17) “Driver’s license” means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C. s. 30301. (18) “Endorsement” means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. (19) “Farmer” means a person who grows agricultural products, including aquacultural, horticultural, and forestry products, and, except as provided herein, employees of such persons. The term does not include employees whose primary purpose of employment is the operation of motor vehicles. (20) “Farm tractor” means a motor vehicle that is: (a) Operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and that is operated on the roads of this state only incidentally for transportation between the owner’s or operator’s headquarters and the farm, grove, or orchard or between one farm, grove, or orchard and another; or (b) Designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. (21) “Felony” means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year. (22) “Foreign jurisdiction” means any jurisdiction other than a state of the United States. (23) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle. (24) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. s. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73. (25) “Medical examiner’s certificate” means a document substantially in accordance with the requirements of Title 49 C.F.R. s. 391.43. (26) “Motorcycle” means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped. (27) “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s. 316.003. (28) “Motor vehicle combination” means a motor vehicle operated in conjunction with one or more other vehicles. (29) “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates. (30) “Out-of-service order” means a prohibition issued by an authorized local, state, or Federal Government official which precludes a person from driving a commercial motor vehicle. (31) “Owner” means the person who holds the legal title to a vehicle. However, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter. (32) “Passenger vehicle” means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver. (33) “Permit” means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter. (34) “Resident” means a person who has Florida Traffic Statutes 368 his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s. 222.17, or has filed for homestead tax exemption on property in this state. (35) “Restriction” means a prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle. (36) “Revocation” means the termination of a licensee’s privilege to drive. (37) “School bus” means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children. The term “school” includes all preelementary, elementary, secondary, and postsecondary schools. (38) “State” means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia. (39) “Street or highway” means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic. (40) “Suspension” means the temporary withdrawal of a licensee’s privilege to drive a motor vehicle. (41) “Tank vehicle” means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more. (42) “United States” means the 50 states and the District of Columbia. (43) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or motorized bicycle. (44) “Identification card” means a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d). (45) “Temporary driver’s license” or “temporary identification card” means a certificate issued by the department which, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license, as defined in 49 U.S.C. s. 30301, or a personal identification card issued by the department which conforms to the definition in 18 U.S.C. s. 1028(d) and denotes that the holder is permitted to stay for a short duration of time, as specified on the temporary identification card, and is not a permanent resident of the United States. (46) “Tri-vehicle” means an enclosed three-wheeled passenger vehicle that: (a) Is designed to operate with three wheels in contact with the ground; (b) Has a minimum unladen weight of 900 pounds; (c) Has a single, completely enclosed, occupant compartment; (d) Is produced in a minimum quantity of 300 in any calendar year; (e) Is capable of a speed greater than 60 miles per hour on level ground; and (f) Is equipped with: 1. Seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating systems” (49 C.F.R. s. 571.207); 2. A steering wheel used to maneuver the vehicle; 3. A propulsion unit located forward or aft of the enclosed occupant compartment; 4. A seat belt for each vehicle occupant certified to meet the requirements of Federal Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209); 5. A windshield and an appropriate windshield wiper and washer system that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal Motor Vehicle Safety Standard No. 104, “Windshield Wiping and Washing Systems” (49 C.F.R. s. 571.104); and 6. A vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R. s. 571.216). 322.03 Drivers must be licensed; penalties. (1) Except as otherwise authorized in this chapter, a person may not drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license issued under this chapter. Florida Traffic Statutes 369 (a) A person who drives a commercial motor vehicle may not receive a driver’s license unless and until he or she surrenders to the department all driver’s licenses in his or her possession issued to him or her by any other jurisdiction or makes an affidavit that he or she does not possess a driver’s license. Any such person who fails to surrender such licenses commits a noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such person who makes a false affidavit concerning such licenses commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid driver’s license at any time. (c) Part-time residents of this state issued a license that is valid within this state only under paragraph (b) as that paragraph existed before November 1, 2009, may continue to hold such license until the next issuance of a Florida driver’s license or identification card. Licenses that are identified as “Valid in Florida Only” may not be issued or renewed effective November 1, 2009. This paragraph expires June 30, 2017. (2) Prior to issuing a driver’s license, the department shall require any person who has been convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol-related or drug-related offense outside this state within the preceding 5 years, or who has been convicted of three or more such offenses within the preceding 10 years, to present proof of successful completion of or enrollment in a department-approved substance abuse education course. If the person fails to complete such education course within 90 days after issuance, the department shall cancel the license. Further, prior to issuing the driver’s license the department shall require such person to present proof of financial responsibility as provided in s. 324.031. For the purposes of this paragraph, a previous conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be considered a previous conviction for violation of s. 316.193. (3) (a) The department may not issue a commercial driver’s license to any person who is not a resident of this state. (b) A resident of this state who is required by the laws of this state to possess a commercial driver’s license may not operate a commercial motor vehicle in this state unless he or she possesses a valid commercial driver’s license issued by this state. Except as provided in paragraph (c), any person who violates this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) Any person whose commercial driver’s license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18. (4) A person may not operate a motorcycle unless he or she holds a driver’s license that authorizes such operation, subject to the appropriate restrictions and endorsements. (5) It is a violation of this section for any person whose driver’s license has been expired for more than 6 months to operate a motor vehicle on the highways of this state. (6) A person who is charged with a violation of this section, other than a violation of paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a driver’s license issued to him or her and valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5 for dismissing the case under this subsection. 322.031 Nonresident; when license required. (1) In each case in which a nonresident, except a nonresident migrant or seasonal farm worker as defined in s. 316.003, accepts employment or engages in a trade, profession, or occupation in this state or enters his or her children to be educated in the public schools of this state, such nonresident shall, within 30 days after beginning such employment or education, be required to obtain a Florida driver license if such nonresident operates a motor vehicle on the highways of this state. The spouse or dependent child of such nonresident shall also be required to obtain a Florida driver Florida Traffic Statutes 370 license within that 30-day period before operating a motor vehicle on the highways of this state. (2) A member of the United States Armed Forces on active duty in this state, his or her spouse, or a dependent residing with him or her, is not required to obtain or display a Florida driver license if he or she is in possession of a valid military identification card and either a valid driver license or learner’s permit issued by another state, or a valid military driving permit. Such a person is not required to obtain or display a Florida driver license because he or she enters his or her children to be educated in the public schools of this state or because he or she accepts employment or engages in a trade, profession, or occupation in this state. (3) A nonresident who is domiciled in another state and who commutes into this state in order to work is not required to obtain a Florida driver license under this section solely because he or she has accepted employment or engages in a trade, profession, or occupation in this state if he or she has a valid driver license issued by another state. Further, a person who is enrolled as a student in a college or university and who is a nonresident but is in this state for a period of up to 6 months engaged in a work-study program for which academic credits are earned from a college whose credits or degrees are accepted for credit by at least three accredited institutions of higher learning, as defined in s. 1005.02, is not required to obtain a Florida driver license for the duration of the work-study program if such person has a valid driver license issued by another state. A nonresident who is enrolled as a full-time student in such institution of higher learning is also exempt from the requirement of obtaining a Florida driver license for the duration of such enrollment. (4) A nonresident who is at least 21 years of age and who has in his or her immediate possession a valid commercial driver license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type permitted by his or her license to be operated in this state. 322.032 Digital proof of driver license. (1) The department shall begin to review and prepare for the development of a secure and uniform system for issuing an optional digital proof of driver license. The department may contract with one or more private entities to develop a digital proof of driver license system. (2) The digital proof of driver license developed by the department or by an entity contracted by the department must be in such a format as to allow law enforcement to verify the authenticity of the digital proof of driver license. The department may adopt rules to ensure valid authentication of digital driver licenses by law enforcement. (3) A person may not be issued a digital proof of driver license until he or she has satisfied all of the requirements of this chapter for issuance of a physical driver license as provided in this chapter. (4) A person who: (a) Manufactures a false digital proof of driver license commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Possesses a false digital proof of driver license commits a misdemeanor of the second degree, punishable as provided in s. 775.082. 322.04 Persons exempt from obtaining driver license. (1) The following persons are exempt from obtaining a driver license: (a) Any employee of the United States Government, while operating a noncommercial motor vehicle owned by or leased to the United States Government and being operated on official business. (b) Any person while driving or operating any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway. (c) A nonresident who is at least 16 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle of the type for which a Class E driver license is required in this state. (d) A nonresident who is at least 18 years of age and who has in his or her immediate possession a valid noncommercial driver license issued to the nonresident in his or her home state or country operating a motor vehicle, other than a commercial motor vehicle, in this state. (e) Any person operating a golf cart, as defined in s. 320.01, which is operated in accordance with the provisions of s. 316.212. (2) This section does not apply to any person to whom s. 322.031 applies. (3) Any person working for a firm under Florida Traffic Statutes 371 contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to 60 days while in this state on temporary duty, if the person has a valid driver license from the state of the person’s residence. 322.05 Persons not to be licensed. The department may not issue a license: (1) To a person who is under the age of 16 years, except that the department may issue a learner’s driver license to a person who is at least 15 years of age and who meets the requirements of ss. 322.091 and 322.1615 and of any other applicable law or rule. (2) To a person who is at least 16 years of age but is under 18 years of age unless the person meets the requirements of s. 322.091 and holds a valid: (a) Learner’s driver license for at least 12 months, with no moving traffic convictions, before applying for a license; (b) Learner’s driver license for at least 12 months and who has a moving traffic conviction but elects to attend a traffic driving school for which adjudication must be withheld pursuant to s. 318.14; or (c) License that was issued in another state or in a foreign jurisdiction and that would not be subject to suspension or revocation under the laws of this state. (3) To a person who is at least 16 years of age but who is under 18 years of age, unless the parent, guardian, or other responsible adult meeting the requirements of s. 322.09 certifies that he or she, or another licensed driver 21 years of age or older, has accompanied the applicant for a total of not less than 50 hours’ behind-the-wheel experience, of which not less than 10 hours must be at night. This subsection is not intended to create a private cause of action as a result of the certification. The certification is inadmissible for any purpose in any civil proceeding. (4) Except as provided by this subsection, to any person, as a Class A licensee, Class B licensee, or Class C licensee, who is under the age of 18 years. (5) To any person whose license has been suspended, during such suspension, nor to any person whose license has been revoked, until the expiration of the period of revocation imposed under the provisions of this chapter. (6) To any person, as a commercial motor vehicle operator, whose privilege to operate a commercial motor vehicle has been disqualified, until the expiration of the period of disqualification. (7) To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle. (8) To any person who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law. (9) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination. (10) To any person, when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be detrimental to public safety or welfare. Deafness alone shall not prevent the person afflicted from being issued a Class E driver license. (11) To any person who is ineligible under s. 322.056. 322.051 Identification cards. (1) Any person who is 5 years of age or older, or any person who has a disability, regardless of age, who applies for a disabled parking permit under s. 320.0848, may be issued an identification card by the department upon completion of an application and payment of an application fee. (a) The application must include the following information regarding the applicant: 1. Full name (first, middle or maiden, and last), gender, proof of social security card number satisfactory to the department, which may include a military identification card, county of residence, mailing address, proof of residential address satisfactory to the department, country of birth, and a brief description. 2. Proof of birth date satisfactory to the department. 3. Proof of identity satisfactory to the department. Such proof must include one of the following documents issued to the applicant: a. A driver license record or identification card record from another jurisdiction that required the applicant to submit a document for identification which is Florida Traffic Statutes 372 substantially similar to a document required under sub-subparagraph b., sub-subparagraph c., sub-subparagraph d., sub-subparagraph e., sub-subparagraph f., sub-subparagraph g., or sub-subparagraph h.; b. A certified copy of a United States birth certificate; c. A valid, unexpired United States passport; d. A naturalization certificate issued by the United States Department of Homeland Security; e. A valid, unexpired alien registration receipt card (green card); f. A Consular Report of Birth Abroad provided by the United States Department of State; g. An unexpired employment authorization card issued by the United States Department of Homeland Security; or h. Proof of nonimmigrant classification provided by the United States Department of Homeland Security, for an original identification card. In order to prove nonimmigrant classification, an applicant must provide at least one of the following documents. In addition, the department may require applicants to produce United States Department of Homeland Security documents for the sole purpose of establishing the maintenance of, or efforts to maintain, continuous lawful presence: (I) A notice of hearing from an immigration court scheduling a hearing on any proceeding. (II) A notice from the Board of Immigration Appeals acknowledging pendency of an appeal. (III) A notice of the approval of an application for adjustment of status issued by the United States Citizenship and Immigration Services. (IV) An official documentation confirming the filing of a petition for asylum or refugee status or any other relief issued by the United States Citizenship and Immigration Services. (V) A notice of action transferring any pending matter from another jurisdiction to Florida, issued by the United States Citizenship and Immigration Services. (VI) An order of an immigration judge or immigration officer granting relief that authorizes the alien to live and work in the United States, including, but not limited to, asylum. (VII) Evidence that an application is pending for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States, if a visa number is available having a current priority date for processing by the United States Citizenship and Immigration Services. (VIII)On or after January 1, 2010, an unexpired foreign passport with an unexpired United States Visa affixed, accompanied by an approved I-94, documenting the most recent admittance into the United States. An identification card issued based on documents required in sub-subparagraph g. or sub-subparagraph h. is valid for a period not to exceed the expiration date of the document presented or 1 year, whichever occurs first. (b) An application for an identification card must be signed and verified by the applicant in a format designated by the department before a person authorized to administer oaths and payment of the applicable fee pursuant to s. 322.21. (c) Each such applicant may include fingerprints and any other unique biometric means of identity. (2) (a) Every identification card: 1. Issued to a person 5 years of age to 14 years of age shall expire, unless canceled earlier, on the fourth birthday of the applicant following the date of original issue. 2. Issued to a person 15 years of age and older shall expire, unless canceled earlier, on the eighth birthday of the applicant following the date of original issue. Renewal of an identification card shall be made for the applicable term enumerated in this paragraph. Any application for renewal received later than 90 days after expiration of the identification card shall be considered the same as an application for an original identification card. (b) Notwithstanding any other provision of this chapter, if an applicant establishes his or her identity for an identification card using a document authorized under sub-subparagraph (1)(a)3.e., the identification card shall expire on the eighth birthday of the applicant following the date of original issue or upon first renewal or duplicate issued after implementation of this Florida Traffic Statutes 373 section. After an initial showing of such documentation, he or she is exempted from having to renew or obtain a duplicate in person. (c) Notwithstanding any other provisions of this chapter, if an applicant establishes his or her identity for an identification card using an identification document authorized under sub-subparagraph (1)(a)3.g. or sub-subparagraph (1)(a)3.h., the identification card shall expire 1 year after the date of issuance or upon the expiration date cited on the United States Department of Homeland Security documents, whichever date first occurs, and may not be renewed or obtain a duplicate except in person. (3) If an identification card issued under this section is lost, destroyed, or mutilated or a new name is acquired, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of such fact to the department and upon payment of a fee as provided in s. 322.21. The fee must include payment for the color photograph or digital image of the applicant. Any person who loses an identification card and who, after obtaining a duplicate, finds the original card shall immediately surrender the original card to the department. The same documentary evidence shall be furnished for a duplicate as for an original identification card. (4) When used with reference to identification cards, “cancellation” means that an identification card is terminated without prejudice and must be surrendered. Cancellation of the card may be made when a card has been issued through error or when voluntarily surrendered to the department. (5) No public entity shall be liable for any loss or injury resulting directly or indirectly from false or inaccurate information contained in identification cards provided for in this section. (6) It is unlawful for any person: (a) To display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulently altered, or fraudulently obtained identification card. (b) To lend his or her identification card to any other person or knowingly permit the use thereof by another. (c) To display or represent any identification card not issued to him or her as being his or her card. (d) To permit any unlawful use of an identification card issued to him or her. (e) To do any act forbidden, or fail to perform any act required, by this section. (f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card, or to display or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of this section. (7) Any person accepting the Florida driver license as proof of identification must accept a Florida identification card as proof of identification when the bearer of the identification card does not also have a driver license. (8) (a) The department shall, upon receipt of the required fee, issue to each qualified applicant for an identification card a color photographic or digital image identification card bearing a fullface photograph or digital image of the identification cardholder. Notwithstanding chapter 761 or s. 761.05, the requirement for a fullface photograph or digital image of the identification cardholder may not be waived. A space shall be provided upon which the identification cardholder shall affix his or her usual signature, as required in s. 322.14, in the presence of an authorized agent of the department so as to ensure that such signature becomes a part of the identification card. (b) The word “Veteran” shall be exhibited on the identification card of a veteran upon the payment of an additional $1 fee for the identification card and the presentation of a copy of the person’s DD Form 214, issued by the United States Department of Defense, or another acceptable form specified by the Department of Veterans’ Affairs. Until a veteran’s identification card is next renewed, the veteran may have the word “Veteran” added to his or her identification card upon surrender of his or her current identification card, payment of a $2 fee to be deposited into the Highway Safety Operating Trust Fund, and presentation of a copy of his or her DD Form 214 or another acceptable form specified by the Department of Veterans’ Affairs. If the applicant is not conducting any other transaction affecting the identification card, a replacement identification card shall be issued with the word “Veteran” without payment of the fee required in s. 322.21(1)(f)3. (c) The international symbol for the deaf and hard of hearing shall be exhibited on Florida Traffic Statutes 374 the identification card of a person who is deaf or hard of hearing upon the payment of an additional $1 fee for the identification card and the presentation of sufficient proof that the person is deaf or hard of hearing as determined by the department. Until a person’s identification card is next renewed, the person may have the symbol added to his or her identification card upon surrender of his or her current identification card, payment of a $2 fee to be deposited into the Highway Safety Operating Trust Fund, and presentation of sufficient proof that the person is deaf or hard of hearing as determined by the department. If the applicant is not conducting any other transaction affecting the identification card, a replacement identification card may be issued with the symbol without payment of the fee required in s. 322.21(1)(f)3. For purposes of this paragraph, the international symbol for the deaf and hard of hearing is substantially as follows: (d) The department shall include symbols representing the following on an identification card upon the payment of an additional $1 fee by an applicant who meets the requirements of subsection (1) and presents his or her: 1. Lifetime freshwater fishing license; 2. Lifetime saltwater fishing license; 3. Lifetime hunting license; 4. Lifetime sportsman’s license; or 5. Lifetime boater safety identification card. A person may replace his or her identification card before its expiration date with a card that includes his or her status as a lifetime licensee or boater safety cardholder upon surrender of his or her current identification card, payment of a $2 fee to be deposited into the Highway Safety Operating Trust Fund, and presentation of the person’s lifetime license or card. If the sole purpose of the replacement identification card is the inclusion of the applicant’s status as a lifetime licensee or cardholder, the replacement identification card must be issued without payment of the fee required in s. 322.21(1)(f)3. (e) 1. Upon request by a person who has a developmental disability, or by a parent or guardian of a child or ward who has a developmental disability, the department shall issue an identification card exhibiting a capital “D” for the person, child, or ward if the person or the parent or guardian of the child or ward submits: a. Payment of an additional $1 fee; and b. Proof acceptable to the department of a diagnosis by a licensed physician of a developmental disability as defined in s. 393.063. 2. The department shall deposit the additional $1 fee into the Agency for Persons with Disabilities Operations and Maintenance Trust Fund under s. 20.1971(2). 3. A replacement identification card that includes the designation may be issued without payment of the fee required under s. 322.21(1)(f). 4. The department shall develop rules to facilitate the issuance, requirements, and oversight of developmental disability identification cards under this section. (9) Notwithstanding any other provision of this section or s. 322.21 to the contrary, the department shall issue or renew a card at no charge to a person who presents evidence satisfactory to the department that he or she is homeless as defined in s. 414.0252(7), to a juvenile offender who is in the custody or under the supervision of the Department of Juvenile Justice and receiving services pursuant to s. 985.461, to an inmate receiving a card issued pursuant to s. 944.605(7), or, if necessary, to an inmate receiving a replacement card if the department determines that he or she has a valid state identification card. If the replacement state identification card is scheduled to expire within 6 months, the department may also issue a temporary permit valid for at least 6 months after the release date. The department’s mobile issuing units shall process the identification cards for juvenile offenders and inmates at no charge, as provided by s. 944.605 (7)(a) and (b). 322.055 Revocation or suspension of, or delay of eligibility for, driver license for persons 18 years of age or older convicted of certain drug offenses. (1) Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to revoke the driver license or driving privilege of the person. The period of such revocation shall be 1 year or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children Florida Traffic Statutes 375 and Families. However, the court may, in its sound discretion, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on length of suspension or revocation. In no case shall a restricted license be available until 6 months of the suspension or revocation period has expired. (2) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is eligible by reason of age for a driver license or privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 1 year after the date the person was convicted or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, in its sound discretion, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspension or revocation. In no case shall a restricted license be available until 6 months of the suspension or revocation period has expired. (3) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person’s driver license or driving privilege is already under suspension or revocation for any reason, the court shall direct the department to extend the period of such suspension or revocation by an additional period of 1 year or until the person is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, in its sound discretion, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspension or revocation. In no case shall a restricted license be available until 6 months of the suspension or revocation period has expired. (4) If a person 18 years of age or older is convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of such person’s driver license or driving privilege for a period of 1 year after the date that he or she would otherwise have become eligible or until he or she becomes eligible by reason of age for a driver license and is evaluated for and, if deemed necessary by the evaluating agency, completes a drug treatment and rehabilitation program approved or regulated by the Department of Children and Families. However, the court may, in its sound discretion, direct the department to issue a license for driving privilege restricted to business or employment purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a license. A driver whose license or driving privilege has been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted basis depending on the length of suspension or revocation. In no case shall a restricted license be available until 6 months of the suspension or revocation period has expired. (5) A court that orders the revocation or suspension of, or delay in eligibility for, a driver license pursuant to this section shall make a specific, articulated determination as to whether the issuance of a license for Florida Traffic Statutes 376 driving privilege restricted to business purposes only, as defined in s. 322.271, is appropriate in each case. (6) Each clerk of court shall promptly report to the department each conviction for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance. 322.056 Mandatory revocation or suspension of, or delay of eligibility for, driver license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition. (1) Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and: (a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege for a period of: 1. Not less than 6 months and not more than 1 year for the first violation. 2. Two years, for a subsequent violation. (b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of: 1. Not less than 6 months and not more than 1 year for the first violation. 2. Two years, for a subsequent violation. (c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege for a period of: 1. Not less than 6 months and not more than 1 year after the date on which he or she would otherwise have become eligible, for the first violation. 2. Two years after the date on which he or she would otherwise have become eligible, for a subsequent violation. However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined in s. 322.271, if the person is otherwise qualified for such a license. (2) If a person under 18 years of age is found by the court to have committed a noncriminal violation under s. 569.11 or s. 877.112(6) or (7) and that person has failed to comply with the procedures established in that section by failing to fulfill community service requirements, failing to pay the applicable fine, or failing to attend a locally available school-approved anti-tobacco program, and: (a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege as follows: 1. For the first violation, for 30 days. 2. For the second violation within 12 weeks of the first violation, for 45 days. (b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period as follows: 1. For the first violation, for 30 days. 2. For the second violation within 12 weeks of the first violation, for 45 days. (c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege as follows: 1. For the first violation, for 30 days. 2. For the second violation within 12 weeks of the first violation, for 45 days. Any second violation of s. 569.11 or s. 877.112(6) or (7) not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in this subsection. (3) If a person under 18 years of age is found by the court to have committed a third violation of s. 569.11 or s. 877.112(6) or (7) within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to suspend or withhold issuance of his or her driver license or driving privilege for 60 consecutive days. Any third violation of s. 569.11 or s. 877.112(6) or (7) not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in subsection (2). (4) A penalty imposed under this section shall be in addition to any other penalty imposed by law. (5) The suspension or revocation of a person’s driver license imposed pursuant to subsection (2) or subsection (3), shall not result in or be cause for an increase of the convicted person’s, or his or her parent’s or legal guardian’s, automobile insurance rate or premium or result in points assessed against the person’s driving record. Florida Traffic Statutes 377 322.059 Mandatory surrender of suspended driver's license and registration. Any person whose driver's license or registration has been suspended as provided in s. 322.058 must immediately return his or her driver's license and registration to the Department of Highway Safety and Motor Vehicles. If such person fails to return his or her driver's license or registration, any law enforcement agent may seize the license or registration while the driver's license or registration is suspended. 322.065 Driver license expired for 6 months or less; penalties. A person whose driver license has been expired for 6 months or less and who drives a motor vehicle upon the highways of this state commits an infraction and is subject to the penalty provided in s. 318.18. 322.07 Instruction permits and temporary licenses. (1) Any person who is at least 18 years of age and who, except for his or her lack of instruction in operating a motor vehicle, would otherwise be qualified to obtain a Class E driver’s license under this chapter, may apply for a temporary instruction permit. The department shall issue such a permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle of the type for which a Class E driver’s license is required upon the highways for a period of 90 days, but, except when operating a motorcycle or moped as defined in s. 316.003, the person must be accompanied by a licensed driver who is 21 years of age or older, who is licensed to operate the class of vehicle being operated, and who is actually occupying the closest seat to the right of the driver. (2) The department may, in its discretion, issue a temporary permit to an applicant for a Class E driver’s license permitting him or her to operate a motor vehicle of the type for which a Class E driver’s license is required while the department is completing its investigation and determination of all facts relative to such applicant’s right to receive a driver’s license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant’s license has been issued or for good cause has been refused. (3) Any person who, except for his or her lack of instruction in operating a commercial motor vehicle, would otherwise be qualified to obtain a commercial driver license under this chapter, may apply for a temporary commercial instruction permit. The department shall issue such a permit entitling the applicant, while having the permit in his or her immediate possession, to drive a commercial motor vehicle on the highways, if: (a) The applicant possesses a valid Florida driver license; and (b) The applicant, while operating a commercial motor vehicle, is accompanied by a licensed driver who is 21 years of age or older, who is licensed to operate the class of vehicle being operated, and who is occupying the closest seat to the right of the driver. 322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation. (1) Every licensee shall have his or her driver's license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon the demand of a law enforcement officer or an authorized representative of the department. (2) Upon the failure of any person to display a driver's license as required by subsection (1), the law enforcement officer or authorized representative of the department stopping the person shall require the person to imprint his or her fingerprints upon any citation issued by the officer or authorized representative, or the officer or authorized representative shall collect the fingerprints electronically. (3) In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply proof of a valid driver's license for the reason that the license was suspended for failure to comply with that citation shall be issued a suspension clearance by the clerk of the court for that citation upon payment of the applicable penalty and fee for that citation. If proof of a valid driver's license is not provided to the clerk of the court within 30 days, the person's driver's license shall again be suspended for failure to comply. (4) A violation of subsection (1) is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. Florida Traffic Statutes 378 322.16 License restrictions. (1) (a) The department, upon issuing a driver license, may, whenever good cause appears, impose restrictions suitable to the licensee’s driving ability with respect to the type of special mechanical control devices required on a motor vehicle that the licensee may operate, including, but not limited to, restricting the licensee to operating only vehicles equipped with air brakes, or imposing upon the licensee such other restrictions as the department determines are appropriate to assure the safe operation of a motor vehicle by the licensee. (b) The department may further impose other suitable restrictions on use of the license with respect to time and purpose of use, including, but not limited to, a restriction providing for intrastate operation only, or may impose any other condition or restriction that the department considers necessary for driver improvement, safety, or control of drivers in this state. (c) The department may further, at any time, impose other restrictions on the use of the license with respect to time and purpose of use or may impose any other condition or restriction upon recommendation of any court, of the Florida Commission on Offender Review, or of the Department of Corrections with respect to any individual who is under the jurisdiction, supervision, or control of the entity that made the recommendation. (d) The department may impose a restriction upon the use of the license requiring that the licensee wear a medical identification bracelet when operating a motor vehicle. Medical identification bracelet restrictions must be coded on the license of the restricted operator. There is no penalty for violating this paragraph. (2) A person who holds a driver license and who is under 17 years of age, when operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work. (3) A person who holds a driver license who is 17 years of age, when operating a motor vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work. (4) The department may, upon receiving satisfactory evidence of any violation of the restriction upon such a license, except a violation of paragraph (1)(d), subsection (2), or subsection (3), suspend or revoke the license, but the licensee is entitled to a hearing as upon a suspension or revocation under this chapter. (5) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person to operate a motor vehicle in any manner in violation of the restrictions imposed under paragraph (1)(c). (6) Any person who operates a motor vehicle in violation of the restrictions imposed under paragraph (1)(a), paragraph (1)(b), subsection (2), or subsection (3) will be charged with a moving violation and fined in accordance with chapter 318. 322.19 Change of address or name. (1) Except as provided in ss. 775.21, 775.261, 943.0435, 944.607, and 985.4815, whenever any person, after applying for or receiving a driver license or identification card, changes his or her legal name, that person must within 30 days thereafter obtain a replacement license or card that reflects the change. (2) If a person, after applying for or receiving a driver license or identification card, changes the legal residence or mailing address in the application, license, or card, the person must, within 30 calendar days after making the change, obtain a replacement license or card that reflects the change. A written request to the department must include the old and new addresses and the driver license or identification card number. Any person who has a valid, current student identification card issued by an educational institution in this state is presumed not to have changed his or her legal residence or mailing address. This subsection does not affect any person required to register a permanent or temporary address change pursuant to s. 775.13, s. 775.21, s. 775.25, or s. 943.0435. (3) A violation of this section is a nonmoving violation with a penalty as provided in s. 318.18(2). (4) Notwithstanding any other provision of this chapter, if a licensee established his or her identity for a driver license using an identification document authorized under s. 322.08(2)(c)7. or 8., the licensee may not change his or her name or address except in person and upon submission of an identification document authorized under s. Florida Traffic Statutes 379 322.08(2)(c)7. or 8. 322.212 Unauthorized possession of, and other unlawful acts in relation to, driver's license or identification card. (1) It is unlawful for any person to: (a) Knowingly have in his or her possession or to display any blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card or any instrument in the similitude of a driver license or identification card unless possession by such person has been duly authorized by the department; (b) Knowingly have in his or her possession any instrument in the similitude of a driver license issued by the department or its duly authorized agents or those of any state or jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle; (c) Knowingly have in his or her possession any instrument in the similitude of an identification card issued by the department or its duly authorized agents or those of any state or jurisdiction issuing identification cards recognized in this state for the purpose of indicating a person’s true name and age; or (d) Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license or identification card, or an instrument in the similitude of a driver license or identification card, unless that person is authorized to do so by the department. A violation of this section may be investigated by any law enforcement agency, including the Division of Alcoholic Beverages and Tobacco. The term “driver license” includes a driver license issued by the department or its agents or a driver license issued by any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle. The term “identification card” includes any identification card issued by the department or its agents or any identification card issued by any state or jurisdiction that issues identification cards recognized in this state for the purpose of indicating a person’s true name and age. This subsection does not prohibit a person from possessing or displaying another person’s driver license or identification card for a lawful purpose. (2) It is unlawful for any person to barter, trade, sell, or give away any driver license or identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any such license or identification card unless such person has been duly authorized to issue the license or identification card by the department as provided in this chapter or in the adopted rules of the department. (3) It is unlawful for any employee of the department to allow or permit the issuance of a driver license or identification card when he or she knows that the applicant has not lawfully fulfilled the requirements of this chapter for the issuance of such license or identification card. (4) It is unlawful for any person to agree to supply or to aid in supplying any person with a driver license or identification card by any means whatsoever not in accordance with the provisions of this chapter. (5) (a) It is unlawful for any person to use a false or fictitious name in any application for a driver license or identification card or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application. (b) It is unlawful for any person to have in his or her possession a driver license or identification card upon which the date of birth has been altered. (c) It is unlawful for any person designated as a sexual predator or sexual offender to have in his or her possession a driver license or identification card upon which the sexual predator or sexual offender markings required by s. 322.141 are not displayed or have been altered. (6) Except as otherwise provided in this subsection, any person who violates any of the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who violates paragraph (5)(a) by giving a false age in any application for a driver license or identification card or who violates paragraph (5)(b) by possessing a driver license, identification card, or any instrument in the similitude thereof, on which the date of birth has been altered is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates paragraph (1)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) In addition to any other penalties provided by this section, any person who Florida Traffic Statutes 380 provides false information when applying for a commercial driver license or commercial learner’s permit or is convicted of fraud in connection with testing for a commercial driver license or commercial learner’s permit shall be disqualified from operating a commercial motor vehicle for a period of 1 year. (8) The provisions of this section are in addition and supplemental to all other provisions of this chapter and of the laws of this state relating to driver licenses and identification cards. 322.22 Authority of department to cancel license. (1) The department may cancel or withhold issuance or renewal of any driver license, upon determining that the licensee was not entitled to the issuance thereof, or that the licensee failed to give the required or correct information in his or her application or committed any fraud in making such application, or that the licensee has two or more licenses on file with the department, each in a different name but bearing the photograph of the licensee, unless the licensee has complied with the requirements of this chapter in obtaining the licenses. The department may cancel or withhold issuance or renewal of any driver license, identification card, vehicle or vessel registration, or fuel-use decal if the licensee fails to pay the correct fee or pays for any driver license, identification card, vehicle or vessel registration, or fuel-use decal; pays any tax liability, penalty, or interest specified in chapter 207; or pays any administrative, delinquency, or reinstatement fee by a dishonored check. (2) Upon such cancellation, the licensee must surrender to the department the license so canceled. 322.2615 Suspension of license; right to review. (1) (a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level. The officer shall take the person’s driver license and issue the person a 10-day temporary permit if the person is otherwise eligible for the driving privilege and shall issue the person a notice of suspension. If a blood test has been administered, the officer or the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall suspend the person’s driver license pursuant to subsection (3). (b) The suspension under paragraph (a) shall be pursuant to, and the notice of suspension shall inform the driver of, the following: 1. a. The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test; or b. The driver was driving or in actual physical control of a motor vehicle and had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher and his or her driving privilege is suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously suspended under this section. 2. The suspension period shall commence on the date of issuance of the notice of suspension. 3. The driver may request a formal or informal review of the suspension by the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7). 4. The temporary permit issued at the time of suspension expires at midnight of the 10th day following the date of issuance of the notice of suspension. 5. The driver may submit to the department any materials relevant to the suspension. (2) (a) Except as provided in paragraph (1)(a), the law enforcement officer shall forward to the department, within 5 days after issuing the notice of suspension, the driver license; an affidavit stating the officer’s grounds for belief that the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances; the results of any breath or blood test or an affidavit stating Florida Traffic Statutes 381 that a breath, blood, or urine test was requested by a law enforcement officer or correctional officer and that the person refused to submit; the officer’s description of the person’s field sobriety test, if any; and the notice of suspension. The failure of the officer to submit materials within the 5-day period specified in this subsection and in subsection (1) does not affect the department’s ability to consider any evidence submitted at or prior to the hearing. (b) The officer may also submit a copy of the crash report and a copy of a video recording of the field sobriety test or the attempt to administer such test. Materials submitted to the department by a law enforcement agency or correctional agency shall be considered self-authenticating and shall be in the record for consideration by the hearing officer. Notwithstanding s. 316.066(4), the crash report shall be considered by the hearing officer. (3) If the department determines that the license should be suspended pursuant to this section and if the notice of suspension has not already been served upon the person by a law enforcement officer or correctional officer as provided in subsection (1), the department shall issue a notice of suspension and, unless the notice is mailed pursuant to s. 322.251, a temporary permit that expires 10 days after the date of issuance if the driver is otherwise eligible. (4) If the person whose license was suspended requests an informal review pursuant to subparagraph (1)(b)3., the department shall conduct the informal review by a hearing officer designated by the department. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person whose license was suspended, and the presence of an officer or witness is not required. (5) After completion of the informal review, notice of the department’s decision sustaining, amending, or invalidating the suspension of the driver license of the person whose license was suspended must be provided to such person. Such notice must be mailed to the person at the last known address shown on the department’s records, or to the address provided in the law enforcement officer’s report if such address differs from the address of record, within 21 days after the expiration of the temporary permit issued pursuant to subsection (1) or subsection (3). (6) (a) If the person whose license was suspended requests a formal review, the department must schedule a hearing within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing. (b) Such formal review hearing shall be held before a hearing officer designated by the department, and the hearing officer shall be authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses identified in documents provided under paragraph (2)(a), regulate the course and conduct of the hearing, question witnesses, and make a ruling on the suspension. The hearing officer may conduct hearings using communications technology. The party requesting the presence of a witness shall be responsible for the payment of any witness fees and for notifying in writing the state attorney’s office in the appropriate circuit of the issuance of the subpoena. If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived and the suspension shall be sustained. (c) The failure of a subpoenaed witness to appear at the formal review hearing is not grounds to invalidate the suspension. If a witness fails to appear, a party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides or by filing a motion for enforcement in any criminal court case resulting from the driving or actual physical control of a motor vehicle that gave rise to the suspension under this section. A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person is not in contempt while a subpoena is being challenged. (d) The department must, within 7 working days after a formal review hearing, send notice to the person of the hearing officer’s decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension. (7) In a formal review hearing under subsection (6) or an informal review hearing Florida Traffic Statutes 382 under subsection (4), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope of the review shall be limited to the following issues: (a) If the license was suspended for driving with an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher: 1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances. 2. Whether the person whose license was suspended had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher as provided in s. 316.193. (b) If the license was suspended for refusal to submit to a breath, blood, or urine test: 1. Whether the law enforcement officer had probable cause to believe that the person whose license was suspended was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages or chemical or controlled substances. 2. Whether the person whose license was suspended refused to submit to any such test after being requested to do so by a law enforcement officer or correctional officer. 3. Whether the person whose license was suspended was told that if he or she refused to submit to such test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months. (8) Based on the determination of the hearing officer pursuant to subsection (7) for both informal hearings under subsection (4) and formal hearings under subsection (6), the department shall: (a) Sustain the suspension of the person’s driving privilege for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such tests, if the person refused to submit to a lawful breath, blood, or urine test. The suspension period commences on the date of issuance of the notice of suspension. (b) Sustain the suspension of the person’s driving privilege for a period of 6 months for a blood-alcohol level or breath-alcohol level of 0.08 or higher, or for a period of 1 year if the driving privilege of such person has been previously suspended under this section as a result of driving with an unlawful alcohol level. The suspension period commences on the date of issuance of the notice of suspension. (9) A request for a formal review hearing or an informal review hearing shall not stay the suspension of the person’s driver license. If the department fails to schedule the formal review hearing within 30 days after receipt of the request therefor, the department shall invalidate the suspension. If the scheduled hearing is continued at the department’s initiative or the driver enforces the subpoena as provided in subsection (6), the department shall issue a temporary driving permit that shall be valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit may not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only. (10) A person whose driver license is suspended under subsection (1) or subsection (3) may apply for issuance of a license for business or employment purposes only if the person is otherwise eligible for the driving privilege pursuant to s. 322.271. (a) If the suspension of the driver license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 90 days have elapsed from the date of the suspension. (b) If the suspension of the driver license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not Florida Traffic Statutes 383 eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until 30 days have elapsed after the expiration of the last temporary permit issued. If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until 30 days have elapsed from the date of the suspension. (11) The formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breath test or blood test or the refusal to take either test or the refusal to take a urine test. However, as provided in subsection (6), the driver may subpoena the officer or any person who administered or analyzed a breath or blood test. If the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension. (12) The formal review hearing and the informal review hearing are exempt from the provisions of chapter 120. The department may adopt rules for the conduct of reviews under this section. (13) A person may appeal any decision of the department sustaining a suspension of his or her driver license by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31. However, an appeal shall not stay the suspension. A law enforcement agency may appeal any decision of the department invalidating a suspension by a petition for writ of certiorari to the circuit court in the county wherein a formal or informal review was conducted. This subsection shall not be construed to provide for a de novo review. (14) (a) The decision of the department under this section or any circuit court review thereof may not be considered in any trial for a violation of s. 316.193, and a written statement submitted by a person in his or her request for departmental review under this section may not be admitted into evidence against him or her in any such trial. (b) The disposition of any related criminal proceedings does not affect a suspension for refusal to submit to a blood, breath, or urine test imposed under this section. (15) If the department suspends a person’s license under s. 322.2616, it may not also suspend the person’s license under this section for the same episode that was the basis for the suspension under s. 322.2616. (16) The department shall invalidate a suspension for driving with an unlawful blood-alcohol level or breath-alcohol level imposed under this section if the suspended person is found not guilty at trial of an underlying violation of s. 316.193. 322.264 "Habitual traffic offender" defined. A "habitual traffic offender" is any person whose record, as maintained by the Department of Highway Safety and Motor Vehicles, shows that such person has accumulated the specified number of convictions for offenses described in subsection (1) or subsection (2) within a 5-year period: (1) Three or more convictions of any one or more of the following offenses arising out of separate acts: (a) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle; (b) Any violation of s. 316.193, former s. 316.1931, or former s. 860.01; (c) Any felony in the commission of which a motor vehicle is used; (d) Driving a motor vehicle while his or her license is suspended or revoked; (e) Failing to stop and render aid as required under the laws of this state in the event of a motor vehicle crash resulting in the death or personal injury of another; or (f) Driving a commercial motor vehicle while his or her privilege is disqualified. (2) Fifteen convictions for moving traffic offenses for which points may be assessed as set forth in s. 322.27, including those offenses in subsection (1). Any violation of any federal law, any law of another state or country, or any valid ordinance of a municipality or county of another state similar to a statutory prohibition specified in subsection (1) or subsection (2) shall be counted as a violation of such prohibition. In computing the number of convictions, all convictions during the 5 years previous to July 1, 1972, will be used, provided at least one conviction occurs after that date. The fact that previous convictions may have resulted in suspension, revocation, or disqualification under another section does not exempt Florida Traffic Statutes 384 them from being used for suspension or revocation under this section as a habitual offender. 322.30 No operation under foreign license during suspension, revocation, or disqualification in this state. (1) Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended, revoked, or disqualified as provided in this chapter, shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension, revocation, or disqualification until a new license is obtained. (2) Notwithstanding subsection (1), any commercial motor vehicle operator whose privilege to operate such vehicle is disqualified may operate a motor vehicle in this state as a Class E licensee, if authorized by this chapter. 322.32 Unlawful use of license. It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person: (1) To display, cause or permit to be displayed, or have in his or her possession any canceled, revoked, suspended, or disqualified driver's license knowing that such license has been canceled, revoked, suspended, or disqualified. (a) The element of knowledge is satisfied if: 1. The person has been cited as provided in s. 322.34(1), and any cancellation, revocation, or suspension in effect at that time remains in effect; or 2. The person admits to knowledge of the cancellation, suspension, or revocation; or 3. The person received notice as provided in paragraph (c). (b) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in paragraph (a), that a person knowingly possessed a canceled, suspended, or revoked driver's license. (c) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license or driving privilege has been canceled, suspended, or revoked. (2) To lend his or her driver's license to any other person or knowingly permit the use thereof by another. (3) To display, or represent as his or her own, any driver's license not issued to him or her. (4) To fail or refuse to surrender to the department or to any law enforcement officer, upon lawful demand, any driver's license in his or her possession that has been suspended, revoked, disqualified, or canceled. (5) To permit any unlawful use of a driver's license issued to him or her. (6) To apply for, obtain, or cause to be issued to him or her two or more photographic driver's licenses which are in different names. The issuance of such licenses shall be prima facie evidence that the licensee has violated the provisions of this section unless the issuance was in compliance with the requirements of this chapter. (7) To do any act forbidden, or fail to perform any act required, by this chapter. 322.33 Making false affidavit perjury Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter, shall be guilty of perjury and upon conviction shall be punished accordingly. 322.34 Driving while license suspended, revoked, canceled, or disqualified. (1) Except as provided in subsection (2), any person whose driver license or driving privilege has been canceled, suspended, or revoked, except a “habitual traffic offender” as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second conviction is guilty of a Florida Traffic Statutes 385 misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. (3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. (4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person’s driver license must contain a provision notifying the person that his or her driver license has been canceled, suspended, or revoked. (5) Any person whose driver license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while such license is revoked is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who operates a motor vehicle: (a) Without having a driver license as required under s. 322.03; or (b) While his or her driver license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2)o r (4), and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person whose driver license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) (a) Upon the arrest of a person for the offense of driving while the person’s driver license or driving privilege is suspended or revoked, the arresting officer shall determine: 1. Whether the person’s driver license is suspended or revoked. 2. Whether the person’s driver license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. 3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders. 4. Whether the driver is the registered owner or coowner of the vehicle. (b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle. (c) Within 7 business days after the date the arresting agency impounds or immobilizes the vehicle, either the arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle. (d) Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within 7 business days after the date of the immobilization or impoundment of the vehicle, the registered Florida Traffic Statutes 386 owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized. (e) Except as provided in paragraph (d), the vehicle shall remain impounded or immobilized for any period imposed by the court until: 1. The owner presents proof of insurance to the arresting agency; or 2. The owner presents proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency. If proof is not presented within 35 days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78. (f) The owner of a vehicle that is impounded or immobilized under this subsection may, within 10 days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (9) (a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.7062 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person’s driver license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence. (b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department. (c) Notwithstanding s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, 30 percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency. The remaining 70 percent of the proceeds shall first be applied to payment of court costs, fines, and fees remaining due, and any remaining balance of proceeds shall be deposited in the General Revenue Fund for use by local workforce development boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation. (10) (a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person’s driver license or driving privilege is canceled, suspended, or revoked for: 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; Florida Traffic Statutes 387 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver license or driver privilege for any underlying violation listed in subparagraphs 1.-5. (b) 1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (11) (a) A person who does not hold a commercial driver license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding 12 months. A person may not make more than three elections under this subsection. (b) If adjudication is withheld under paragraph (a), such action is not a conviction. 322.341 Driving while license permanently revoked. Any person whose driver's license or driving privilege has been permanently revoked pursuant to s. 322.26 or s. 322.28 and who drives a motor vehicle upon the highways of this state is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 322.35 Permitting unauthorized minor to drive. No person shall cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when such minor is not authorized by the provisions of this chapter. 322.36 Permitting unauthorized operator to drive. A person may not authorize or knowingly permit a motor vehicle owned by him or her or under his or her dominion or control to be operated upon any highway or public street except by a person who is duly authorized to operate a motor vehicle under this chapter. Any person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. If a person violates this section by knowingly loaning a vehicle to a person whose driver's license is suspended and if that vehicle is involved in an accident resulting in bodily injury or death, the driver's license of the person violating this section shall be suspended for 1 year. 322.37 Employing unlicensed driver. No person shall employ as a driver of a motor vehicle any person not then licensed to operate such vehicle as provided in this chapter. Violation of this section is a noncriminal traffic infraction subject to the penalty provided in s. 318.18(2). 322.38 Renting motor vehicle to another. (1) No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed, or if a nonresident he or she shall be licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that an operator be licensed. (2) No person shall rent a motor vehicle to another until he or she has inspected the driver's license of the person to whom the vehicle is to be rented, and compared and verified the signature thereon with the signature of such person written in his or her presence. (3) Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address of the person to whom the vehicle is rented, the number of the license of said latter person, and the Florida Traffic Statutes 388 date and place when and where the said license was issued. Such record shall be open to inspection by any police officer, or officer or employee of the department. 322.39 Penalties. (1) It is a misdemeanor for any person to violate any of the provisions of this chapter, unless such violation is declared to be otherwise by this chapter or other law of this state. (2) Unless another penalty is provided in this chapter or by the laws of this state, a person convicted of a misdemeanor for the violation of a provision of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 322.53 License required; exemptions. (1) Except as provided in subsection (2), every person who drives a commercial motor vehicle in this state is required to possess a valid commercial driver license issued in accordance with the requirements of this chapter. (2) The following persons are exempt from the requirement to obtain a commercial driver license: (a) Drivers of authorized emergency vehicles. (b) Military personnel driving vehicles operated for military purposes. (c) 1. Farmers transporting agricultural products, farm supplies, or farm machinery to or from their farms and within 150 miles of their farms, if the vehicle operated under this exemption is not used in the operations of a common or contract motor carrier. 2. Drivers of covered farm vehicles, as defined in s. 316.003, if the vehicles are operated in accordance with s. 316.302(3). (d) Drivers of recreational vehicles, as defined in s. 320.01. (e) Drivers who operate straight trucks, as defined in s. 316.003, and who are transporting exclusively their own tangible personal property, which is not for sale. (f) Employees of a publicly owned transit system who are limited to moving vehicles for maintenance or parking purposes exclusively within the restricted-access confines of a transit system’s property. (3) Notwithstanding subsection (2), all drivers of for-hire commercial motor vehicles are required to possess a valid commercial driver license issued in accordance with the requirements of this chapter. (4) A resident who is exempt from obtaining a commercial driver license pursuant to paragraph (2)(b), paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) may drive a commercial motor vehicle pursuant to the exemption granted in paragraph (2)(b), paragraph (2)(d), paragraph (2)(e), or paragraph (2)(f) if he or she possesses a valid Class E driver license or a military license. (5) The department shall adopt rules and enter into necessary agreements with other jurisdictions to provide for the operation of commercial vehicles by nonresidents pursuant to the exemption granted in subsection (2). 322.54 Classification. (1) Except as provided in s. 322.53, effective April 1, 1992, a person may not drive any motor vehicle not authorized by the classification of his or her driver’s license. (2) The department shall issue, pursuant to the requirements of this chapter, driver licenses in accordance with the following classifications: (a) Any person who drives a motor vehicle combination having a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more must possess a valid Class A driver license, if the gross vehicle weight rating or gross vehicle weight of the vehicle being towed is more than 10,000 pounds. Any person who possesses a valid Class A driver license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle within this state. (b) Any person, except a person who possesses a valid Class A driver license, who drives a motor vehicle having a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more must possess a valid Class B driver license. Any person, except a person who possesses a valid Class A driver license, who drives such vehicle towing a vehicle having a gross vehicle weight rating of 10,000 pounds or less must possess a valid Class B driver license. Any person who possesses a valid Class B driver license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A driver license is required, within this state. (c) Any person, except a person who Florida Traffic Statutes 389 possesses a valid Class A or a valid Class B driver license, who drives a motor vehicle having a gross vehicle weight rating of less than 26,001 pounds and who is required to obtain an endorsement pursuant to paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) of s. 322.57, must possess a valid Class C driver license. Any person who possesses a valid Class C driver license may, subject to the appropriate restrictions and endorsements, drive any class of motor vehicle, other than the type of motor vehicle for which a Class A or a Class B driver license is required, within this state. (d) Any person, except a person who possesses a valid Class A, valid Class B, or valid Class C driver license, who drives a motor vehicle must possess a valid Class E driver license. Any person who possesses a valid Class E driver license may, subject to the appropriate restrictions and endorsements, drive any type of motor vehicle, other than the type of motor vehicle for which a Class A, Class B, or Class C driver license is required, within this state. (3) Subject to paragraphs (a) and (b), nothing in this section prohibits a person who is not a resident of this state and who possesses a valid driver’s license issued by another jurisdiction from driving a motor vehicle within this state. (a) Any nonresident who drives a commercial motor vehicle within this state must possess a valid commercial driver’s license issued in substantial compliance with the Commercial Motor Vehicle Safety Act of 1986. (b) The department shall enter into agreements with other jurisdictions to implement and administer this subsection. (4)(a) Except as provided in paragraph (b), any person who operates a commercial motor vehicle and who does not possess a valid commercial driver’s license authorizing such operation is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person whose commercial driver’s license has been expired for a period of 30 days or less and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation, punishable as provided in s. 318.18. 322.59 Possession of medical examiner’s certificate. (1) The department may not issue a commercial driver license to a person who is required by the laws of this state or by federal law to possess a medical examiner’s certificate, unless the person presents a valid certificate, as described in 49 C.F.R. s. 383.71, before licensure. (2) The department shall disqualify a driver from operating a commercial motor vehicle if the driver holds a commercial driver license and fails to comply with the medical certification requirements in 49 C.F.R. s. 383.71. (3) A person who is disqualified from operating a commercial motor vehicle under this section may, if otherwise qualified, be issued a Class E driver license pursuant to s. 322.251. 322.61 Disqualification from operating a commercial motor vehicle. (1) A person who, for offenses occurring within a 3-year period, is convicted of two of the following serious traffic violations or any combination thereof, arising in separate incidents committed in a commercial motor vehicle shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days. A holder of a commercial driver license or commercial learner’s permit who, for offenses occurring within a 3-year period, is convicted of two of the following serious traffic violations, or any combination thereof, arising in separate incidents committed in a noncommercial motor vehicle shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days if such convictions result in the suspension, revocation, or cancellation of the licenseholder’s driving privilege: (a) A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a crash resulting in death; (b) Reckless driving, as defined in s. 316.192; (c) Unlawful speed of 15 miles per hour or more above the posted speed limit; (d) Improper lane change, as defined in s. 316.085; (e) Following too closely, as defined in s. 316.0895; (f) Driving a commercial vehicle without obtaining a commercial driver license; (g) Driving a commercial vehicle without the proper class of commercial driver license or commercial learner’s permit or without the proper endorsement; or (h) Driving a commercial vehicle without a Florida Traffic Statutes 390 commercial driver license or commercial learner’s permit in possession, as required by s. 322.03. (2) (a) Any person who, for offenses occurring within a 3-year period, is convicted of three serious traffic violations specified in subsection (1) or any combination thereof, arising in separate incidents committed in a commercial motor vehicle shall, in addition to any other applicable penalties, including but not limited to the penalty provided in subsection (1), be disqualified from operating a commercial motor vehicle for a period of 120 days. (b) A holder of a commercial driver license or commercial learner’s permit who, for offenses occurring within a 3-year period, is convicted of three serious traffic violations specified in subsection (1) or any combination thereof arising in separate incidents committed in a noncommercial motor vehicle shall, in addition to any other applicable penalties, including, but not limited to, the penalty provided in subsection (1), be disqualified from operating a commercial motor vehicle for a period of 120 days if such convictions result in the suspension, revocation, or cancellation of the licenseholder’s driving privilege. (3) (a) Except as provided in subsection (4), any person who is convicted of one of the offenses listed in paragraph (b) while operating a commercial motor vehicle shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 1 year. (b) Except as provided in subsection (4), any holder of a commercial driver license or commercial learner’s permit who is convicted of one of the offenses listed in this paragraph while operating a noncommercial motor vehicle shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 1 year: 1. Driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance; 2. Driving a commercial motor vehicle while the alcohol concentration of his or her blood, breath, or urine is .04 percent or higher; 3. Leaving the scene of a crash involving a motor vehicle driven by such person; 4. Using a motor vehicle in the commission of a felony; 5. Refusing to submit to a test to determine his or her alcohol concentration while driving a motor vehicle; 6. Driving a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, his or her commercial driver license or commercial learner’s permit is revoked, suspended, or canceled, or he or she is disqualified from operating a commercial motor vehicle; or 7. Causing a fatality through the negligent operation of a commercial motor vehicle. (4) Any person who is transporting hazardous materials as defined in s. 322.01(24) shall, upon conviction of an offense specified in subsection (3), be disqualified from operating a commercial motor vehicle for a period of 3 years. The penalty provided in this subsection shall be in addition to any other applicable penalty. (5) A person who is convicted of two violations specified in subsection (3) which were committed while operating a commercial motor vehicle, or any combination thereof, arising in separate incidents shall be permanently disqualified from operating a commercial motor vehicle. A holder of a commercial driver license or commercial learner’s permit who is convicted of two violations specified in subsection (3) which were committed while operating any motor vehicle arising in separate incidents shall be permanently disqualified from operating a commercial motor vehicle. The penalty provided in this subsection is in addition to any other applicable penalty. (6) Notwithstanding subsections (3), (4), and (5), any person who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, including possession with intent to manufacture, distribute, or dispense a controlled substance, shall, upon conviction of such felony, be permanently disqualified from operating a commercial motor vehicle. Notwithstanding subsections (3), (4), and (5), any holder of a commercial driver license or commercial learner’s permit who uses a noncommercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, including possession with intent to manufacture, distribute, or dispense a controlled substance, shall, upon conviction of such felony, be permanently disqualified from operating a commercial motor vehicle. The penalty provided in this subsection is in addition to any other Florida Traffic Statutes 391 applicable penalty. (7) A person whose privilege to operate a commercial motor vehicle is disqualified under this section may, if otherwise qualified, be issued a Class E driver license, pursuant to s. 322.251. (8) A driver who is convicted of or otherwise found to have committed a violation of an out-of-service order while driving a commercial motor vehicle is disqualified as follows: (a) At least 180 days but not more than 1 year if the driver is convicted of or otherwise found to have committed a first violation of an out-of-service order. (b) At least 2 years but not more than 5 years if, for offenses occurring during any 10-year period, the driver is convicted of or otherwise found to have committed two violations of out-of-service orders in separate incidents. (c) At least 3 years but not more than 5 years if, for offenses occurring during any 10-year period, the driver is convicted of or otherwise found to have committed three or more violations of out-of-service orders in separate incidents. (d) At least 180 days but not more than 2 years if the driver is convicted of or otherwise found to have committed a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or while operating motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of at least 3 years but not more than 5 years if, for offenses occurring during any 10-year period, the driver is convicted of or otherwise found to have committed any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or while operating motor vehicles designed to transport more than 15 passengers, including the driver. (9) A driver who is convicted of or otherwise found to have committed an offense of operating a commercial motor vehicle in violation of federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing must be disqualified for the period of time specified in subsection (10): (a) For drivers who are not always required to stop, failing to slow down and check that the tracks are clear of approaching trains. (b) For drivers who are not always required to stop, failing to stop before reaching the crossing if the tracks are not clear. (c) For drivers who are always required to stop, failing to stop before driving onto the crossing. (d) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping. (e) For all drivers, failing to obey a traffic control device or all directions of an enforcement official at the crossing. (f) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance. (10) (a) A driver must be disqualified for at least 60 days if the driver is convicted of or otherwise found to have committed a first violation of a railroad-highway grade crossing violation. (b) A driver must be disqualified for at least 120 days if, for offenses occurring during any 3-year period, the driver is convicted of or otherwise found to have committed a second railroad-highway grade crossing violation in separate incidents. (c) A driver must be disqualified for at least 1 year if, for offenses occurring during any 3-year period, the driver is convicted of or otherwise found to have committed a third or subsequent railroad-highway grade crossing violation in separate incidents. 322.62 Driving under the influence; commercial motor vehicle operators. (1) A person who has any alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle in this state. Any person who violates this section is guilty of a moving violation, punishable as provided in s. 318.18. (2) (a) In addition to the penalty provided in subsection (1), a person who violates this section shall be placed out-of-service immediately for a period of 24 hours. (b) In addition to the penalty provided in subsection (1), a person who violates this section and who has a blood-alcohol level of 0.04 or more grams of alcohol per 100 milliliters of blood, or a breath-alcohol level of 0.04 or more grams of alcohol per 210 liters of breath is subject to the penalty provided in s. 322.61. (3) This section does not supersede s. 316.193. Nothing in this section prohibits the Florida Traffic Statutes 392 prosecution of a person who drives a commercial motor vehicle for driving under the influence of alcohol or controlled substances whether or not such person is also prosecuted for a violation of this section. 322.63 Alcohol or drug testing; commercial motor vehicle operators. (1) A person who accepts the privilege extended by the laws of this state of operating a commercial motor vehicle within this state shall, by so operating such commercial motor vehicle, be deemed to have given his or her consent to submit to an approved chemical or physical test of his or her blood or breath for the purpose of determining his or her alcohol concentration, and to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or of controlled substances. (a) By applying for a commercial driver's license and by accepting and using a commercial driver's license, the person holding the commercial driver's license is deemed to have expressed his or her consent to the provisions of this section. (b) Any person who drives a commercial motor vehicle within this state and who is not required to obtain a commercial driver's license in this state is, by his or her act of driving a commercial motor vehicle within this state, deemed to have expressed his or her consent to the provisions of this section. (c) A notification of the consent provision of this section shall be printed on each new or renewed commercial driver's license issued. (2) The chemical and physical tests authorized by this section shall only be required if a law enforcement officer has reasonable cause to believe that a person driving a commercial motor vehicle has any alcohol, chemical substance, or controlled substance in his or her body. (a) The breath test shall be administered at the request of a law enforcement officer who has reasonable cause to believe that a person was driving a commercial motor vehicle with any alcohol in his or her blood. (b) The urine test shall be administered at the request of a law enforcement officer who has reasonable cause to believe that a person was driving a commercial motor vehicle with any chemical substance or controlled substance in his or her body. The test shall be administered at a facility, mobile or otherwise, that is equipped to administer such tests in a reasonable manner so as to ensure the accuracy of the specimen and maintain the privacy of the individual involved. (c) The blood test shall be administered at the request of a law enforcement officer who has reasonable cause to believe that a person was driving a commercial motor vehicle with any alcohol, chemical substance, or controlled substance in his or her body. The blood test shall be performed in a reasonable manner by qualified medical personnel. Any person who appears for treatment at a medical facility as a result of his or her involvement as a commercial motor vehicle driver in a crash and who is incapable, by reason of a mental or physical condition, of refusing a blood test shall be deemed to have consented to such test. (d) The administration of one test under paragraph (a), paragraph (b), or paragraph (c) shall not preclude the administration of a different test under paragraph (a), paragraph (b), or paragraph (c). However, a urine test may not be used to determine alcohol concentration and a breath test may not be used to determine the presence of controlled substances or chemical substances in a person's body. Notwithstanding the provisions of this paragraph, in the event a Florida licensee has been convicted in another state for an offense substantially similar to s. 316.193 or to s. 322.62, which conviction was based upon evidence of test results prohibited by this paragraph, that out-of-state conviction shall constitute a conviction for the purposes of this chapter. (3) (a) The breath and blood tests authorized in this section shall be administered substantially in accordance with rules adopted by the Department of Law Enforcement. (b) The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. The program is further responsible for the regulation of blood analysts who Florida Traffic Statutes 393 conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. The program shall: 1. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments. 2. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments. 3. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments. 4. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments. 5. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments. 6. Establish a procedure for the approval of breath test operator and agency inspector classes. 7. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. 8. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties. 9. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120. 10 Enforce compliance with the provisions of this section through civil or administrative proceedings. 11 Make recommendations concerning any matter within the purview of this section, this chapter, chapter 316, or chapter 327. 12 Promulgate rules for the administration and implementation of this section, including definitions of terms. 13 Consult and cooperate with other entities for the purpose of implementing the mandates of this section. 14 Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. 15 Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 327. 16 Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval. Nothing in this section shall be construed to supersede provisions in this chapter and chapters 316 and 327. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida. (c) Any insubstantial differences between approved techniques and actual testing procedures in any individual case does not render the test or tests results invalid. (d) Notwithstanding any other provision of this section, the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes. (4) (a) Except as provided in paragraph (b), a person shall be told that his or her failure to submit to a physical or chemical test authorized by this section shall result in the disqualification of his or her privilege to operate a commercial motor vehicle for a period of 1 year for a first refusal, and shall result in the permanent disqualification of such privilege for a second refusal, arising from separate incidents. (b) Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed to have consented to a blood test. (c) The refusal of a person to submit to a physical or chemical test authorized by this section shall be admissible in evidence in any criminal proceeding. (5) The results of any test administered pursuant to this section shall not be admissible in a criminal prosecution for possession of a controlled substance. (6) Notwithstanding any provision of law Florida Traffic Statutes 394 pertaining to the confidentiality of hospital records or other medical records, information relating to the alcohol content of a person's blood or the presence of chemical substances or controlled substances in a person's blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 or s. 322.62 upon request for such information. 322.64 Holder of commercial driver license; persons operating a commercial motor vehicle; driving with unlawful blood-alcohol level; refusal to submit to breath, urine, or blood test. (1) (a) A law enforcement officer or correctional officer shall, on behalf of the department, disqualify from operating any commercial motor vehicle a person who while operating or in actual physical control of a commercial motor vehicle is arrested for a violation of s. 316.193, relating to unlawful blood-alcohol level or breath-alcohol level, or a person who has refused to submit to a breath, urine, or blood test authorized by s. 322.63 or s. 316.1932 arising out of the operation or actual physical control of a commercial motor vehicle. A law enforcement officer or correctional officer shall, on behalf of the department, disqualify the holder of a commercial driver license from operating any commercial motor vehicle if the licenseholder, while operating or in actual physical control of a motor vehicle, is arrested for a violation of s. 316.193, relating to unlawful blood-alcohol level or breath-alcohol level, or refused to submit to a breath, urine, or blood test authorized by s. 322.63 or s. 316.1932. Upon disqualification of the person, the officer shall take the person’s driver license and issue the person a 10-day temporary permit for the operation of noncommercial vehicles only if the person is otherwise eligible for the driving privilege and shall issue the person a notice of disqualification. If the person has been given a blood, breath, or urine test, the results of which are not available to the officer at the time of the arrest, the agency employing the officer shall transmit such results to the department within 5 days after receipt of the results. If the department then determines that the person had a blood-alcohol level or breath-alcohol level of 0.08 or higher, the department shall disqualify the person from operating a commercial motor vehicle pursuant to subsection (3). (b) For purposes of determining the period of disqualification described in 49 C.F.R. s. 383.51, a disqualification under paragraph (a) shall be considered a conviction. (c) The disqualification under paragraph (a) shall be pursuant to, and the notice of disqualification shall inform the driver of, the following: 1. a. The driver refused to submit to a lawful breath, blood, or urine test and he or she is disqualified from operating a commercial motor vehicle for the time period specified in 49 C.F.R. s. 383.51; or b. The driver had an unlawful blood-alcohol level of 0.08 or higher while driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver license, and his or her driving privilege is disqualified for the time period specified in 49 C.F.R. s. 383.51. 2. The disqualification period for operating commercial vehicles shall commence on the date of issuance of the notice of disqualification. 3. The driver may request a formal or informal review of the disqualification by the department within 10 days after the date of issuance of the notice of disqualification. 4. The temporary permit issued at the time of disqualification expires at midnight of the 10th day following the date of disqualification. 5. The driver may submit to the department any materials relevant to the disqualification. (2) (a) Except as provided in paragraph (1)(a), the law enforcement officer shall forward to the department, within 5 days after the date of the issuance of the notice of disqualification, a copy of the notice of disqualification, the driver license of the person disqualified, and an affidavit stating the officer’s grounds for belief that the person disqualified was operating or in actual physical control of a commercial motor vehicle, or holds a commercial driver license, and had an unlawful blood-alcohol or breath-alcohol level; the results of any breath or blood or urine test or an affidavit stating that a breath, blood, or urine test was requested by a law enforcement officer or correctional officer and that the person arrested refused to submit; a copy of the notice of disqualification issued to the Florida Traffic Statutes 395 person; and the officer’s description of the person’s field sobriety test, if any. The failure of the officer to submit materials within the 5-day period specified in this subsection or subsection (1) does not affect the department’s ability to consider any evidence submitted at or prior to the hearing. (b) The officer may also submit a copy of a video recording of the field sobriety test or the attempt to administer such test and a copy of the crash report. Notwithstanding s. 316.066, the crash report shall be considered by the hearing officer. (3) If the department determines that the person arrested should be disqualified from operating a commercial motor vehicle pursuant to this section and if the notice of disqualification has not already been served upon the person by a law enforcement officer or correctional officer as provided in subsection (1), the department shall issue a notice of disqualification and, unless the notice is mailed pursuant to s. 322.251, a temporary permit which expires 10 days after the date of issuance if the driver is otherwise eligible. (4) If the person disqualified requests an informal review pursuant to subparagraph (1)(c)3., the department shall conduct the informal review by a hearing officer designated by the department. Such informal review hearing shall consist solely of an examination by the department of the materials submitted by a law enforcement officer or correctional officer and by the person disqualified, and the presence of an officer or witness is not required. (5) After completion of the informal review, notice of the department’s decision sustaining, amending, or invalidating the disqualification must be provided to the person. Such notice must be mailed to the person at the last known address shown on the department’s records, and to the address provided in the law enforcement officer’s report if such address differs from the address of record, within 21 days after the expiration of the temporary permit issued pursuant to subsection (1) or subsection (3). (6) (a) If the person disqualified requests a formal review, the department must schedule a hearing to be held within 30 days after such request is received by the department and must notify the person of the date, time, and place of the hearing. (b) Such formal review hearing shall be held before a hearing officer designated by the department, and the hearing officer shall be authorized to administer oaths, examine witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers and witnesses identified in documents provided under paragraph (2)(a), regulate the course and conduct of the hearing, and make a ruling on the disqualification. The hearing officer may conduct hearings using communications technology. The department and the person disqualified may subpoena witnesses, and the party requesting the presence of a witness shall be responsible for the payment of any witness fees. If the person who requests a formal review hearing fails to appear and the hearing officer finds such failure to be without just cause, the right to a formal hearing is waived. (c) The failure of a subpoenaed witness to appear at the formal review hearing shall not be grounds to invalidate the disqualification. If a witness fails to appear, a party may seek enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena resides or by filing a motion for enforcement in any criminal court case resulting from the driving or actual physical control of a motor vehicle or commercial motor vehicle that gave rise to the disqualification under this section. A failure to comply with an order of the court shall result in a finding of contempt of court. However, a person shall not be in contempt while a subpoena is being challenged. (d) The department must, within 7 working days after a formal review hearing, send notice to the person of the hearing officer’s decision as to whether sufficient cause exists to sustain, amend, or invalidate the disqualification. (7) In a formal review hearing under subsection (6) or an informal review hearing under subsection (4), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the disqualification. The scope of the review shall be limited to the following issues: (a) If the person was disqualified from operating a commercial motor vehicle for driving with an unlawful blood-alcohol level: 1. Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a Florida Traffic Statutes 396 commercial driver license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body. 2. Whether the person had an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher. (b) If the person was disqualified from operating a commercial motor vehicle for refusal to submit to a breath, blood, or urine test: 1. Whether the law enforcement officer had probable cause to believe that the person was driving or in actual physical control of a commercial motor vehicle, or any motor vehicle if the driver holds a commercial driver license, in this state while he or she had any alcohol, chemical substances, or controlled substances in his or her body. 2. Whether the person refused to submit to the test after being requested to do so by a law enforcement officer or correctional officer. 3. Whether the person was told that if he or she refused to submit to such test he or she would be disqualified from operating a commercial motor vehicle for a period of 1 year or, if previously disqualified under this section, permanently. (8) Based on the determination of the hearing officer pursuant to subsection (7) for both informal hearings under subsection (4) and formal hearings under subsection (6), the department shall sustain the disqualification for the time period described in 49 C.F.R. s. 383.51. The disqualification period commences on the date of the issuance of the notice of disqualification. (9) A request for a formal review hearing or an informal review hearing shall not stay the disqualification. If the department fails to schedule the formal review hearing within 30 days after receipt of the request therefor, the department shall invalidate the disqualification. If the scheduled hearing is continued at the department’s initiative or the driver enforces the subpoena as provided in subsection (6), the department shall issue a temporary driving permit limited to noncommercial vehicles which is valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit shall not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business purposes only. (10) A person who is disqualified from operating a commercial motor vehicle under subsection (1) or subsection (3) is eligible for issuance of a license for business or employment purposes only under s. 322.271 if the person is otherwise eligible for the driving privilege. However, such business or employment purposes license shall not authorize the driver to operate a commercial motor vehicle. (11) The formal review hearing may be conducted upon a review of the reports of a law enforcement officer or a correctional officer, including documents relating to the administration of a breath test or blood test or the refusal to take either test. However, as provided in subsection (6), the driver may subpoena the officer or any person who administered or analyzed a breath or blood test. If the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the disqualification. (12) The formal review hearing and the informal review hearing are exempt from the provisions of chapter 120. The department may adopt rules for the conduct of reviews under this section. (13) A person may appeal any decision of the department sustaining the disqualification from operating a commercial motor vehicle by a petition for writ of certiorari to the circuit court in the county wherein such person resides or wherein a formal or informal review was conducted pursuant to s. 322.31. However, an appeal shall not stay the disqualification. This subsection shall not be construed to provide for a de novo review. (14) The decision of the department under this section shall not be considered in any trial for a violation of s. 316.193, s. 322.61, or s. 322.62, nor shall any written statement submitted by a person in his or her request for departmental review under this section be admissible into evidence against him or her in any such trial. The disposition of any related criminal proceedings shall not affect a disqualification imposed pursuant to this section. (15) This section does not preclude the suspension of the driving privilege pursuant to s. 322.2615. The driving privilege of a person who has been disqualified from operating a commercial motor vehicle also may be suspended for a violation of s. 316.193. CHAPTER 324 Florida Traffic Statutes 397 FINANCIAL RESPONSIBILITY 324.021 Definitions; minimum insurance required. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: (1) MOTOR VEHICLE. Every self-propelled vehicle that is designed and required to be licensed for use upon a highway, including trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, power shovels, and well drillers, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, but not including any personal delivery device as defined in s. 316.003, bicycle, or moped. However, the term “motor vehicle” does not include a motor vehicle as defined in s. 627.732(3) when the owner of such vehicle has complied with the requirements of ss. 627.730-627.7405, inclusive, unless the provisions of s. 324.051 apply; and, in such case, the applicable proof of insurance provisions of s. 320.02 apply. (2) DEPARTMENT. The Department of Highway Safety and Motor Vehicles. (3) OPERATOR. Every person who is in actual physical control of a motor vehicle. (4) PERSON. Every natural person, firm, copartnership, association, or corporation. (5) NONRESIDENT. Every person who is not a resident of this state. (6) LICENSE. Any license, temporary instruction permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles. (7) P R O O F O F F I N A N C I A L RESPONSIBILITY. That proof of ability to respond in damages for liability on account of crashes arising out of the use of a motor vehicle: (a) In the amount of $10,000 because of bodily injury to, or death of, one person in any one crash; (b) Subject to such limits for one person, in the amount of $20,000 because of bodily injury to, or death of, two or more persons in any one crash; (c) In the amount of $10,000 because of injury to, or destruction of, property of others in any one crash; and (d) With respect to commercial motor vehicles and nonpublic sector buses, in the amounts specified in ss. 627.7415 and 627.742, respectively. (8) MOTOR VEHICLE LIABILITY POLICY. Any owner’s or operator’s policy of liability insurance furnished as proof of financial responsibility pursuant to s. 324.031, insuring such owner or operator against loss from liability for bodily injury, death, and property damage arising out of the ownership, maintenance, or use of a motor vehicle in not less than the limits described in subsection (7) and conforming to the requirements of s. 324.151, issued by any insurance company authorized to do business in this state. The owner, registrant, or operator of a motor vehicle is exempt from providing such proof of financial responsibility if he or she is a member of the United States Armed Forces and is called to or on active duty outside this state or the United States, or if the owner of the vehicle is the dependent spouse of such active duty member and is also residing with the active duty member at the place of posting of such member, and the vehicle is primarily maintained at such place of posting. The exemption provided by this subsection applies only as long as the member of the armed forces is on such active duty outside this state or the United States and the owner complies with the security requirements of the state of posting or any possession or territory of the United States. (9) OWNER; OWNER/LESSOR. (a) Owner. A person who holds the legal title of a motor vehicle; or, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. (b) Owner/lessor. Notwithstanding any other provision of the Florida Statutes or existing case law: 1. The lessor, under an agreement to lease a motor vehicle for 1 year or longer which requires the lessee to obtain insurance acceptable to the lessor which contains limits not less than $100,000/$300,000 bodily injury liability and $50,000 property damage liability or not less than $500,000 combined property damage liability and bodily injury liability, shall not be deemed the Florida Traffic Statutes 398 owner of said motor vehicle for the purpose of determining financial responsibility for the operation of said motor vehicle or for the acts of the operator in connection therewith; further, this subparagraph shall be applicable so long as the insurance meeting these requirements is in effect. The insurance meeting such requirements may be obtained by the lessor or lessee, provided, if such insurance is obtained by the lessor, the combined coverage for bodily injury liability and property damage liability shall contain limits of not less than $1 million and may be provided by a lessor’s blanket policy. 2. The lessor, under an agreement to rent or lease a motor vehicle for a period of less than 1 year, shall be deemed the owner of the motor vehicle for the purpose of determining liability for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. If the lessee or the operator of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the lessor shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle. The additional specified liability of the lessor for economic damages shall be reduced by amounts actually recovered from the lessee, from the operator, and from any insurance or self-insurance covering the lessee or operator. Nothing in this subparagraph shall be construed to affect the liability of the lessor for its own negligence. 3. The owner who is a natural person and loans a motor vehicle to any permissive user shall be liable for the operation of the vehicle or the acts of the operator in connection therewith only up to $100,000 per person and up to $300,000 per incident for bodily injury and up to $50,000 for property damage. If the permissive user of the motor vehicle is uninsured or has any insurance with limits less than $500,000 combined property damage and bodily injury liability, the owner shall be liable for up to an additional $500,000 in economic damages only arising out of the use of the motor vehicle. The additional specified liability of the owner for economic damages shall be reduced by amounts actually recovered from the permissive user and from any insurance or self-insurance covering the permissive user. Nothing in this subparagraph shall be construed to affect the liability of the owner for his or her own negligence. (c) Application. 1. The limits on liability in subparagraphs (b)2. and 3. do not apply to an owner of motor vehicles that are used for commercial activity in the owner’s ordinary course of business, other than a rental company that rents or leases motor vehicles. For purposes of this paragraph, the term “rental company” includes only an entity that is engaged in the business of renting or leasing motor vehicles to the general public and that rents or leases a majority of its motor vehicles to persons with no direct or indirect affiliation with the rental company. The term also includes a motor vehicle dealer that provides temporary replacement vehicles to its customers for up to 10 days. The term “rental company” also includes: a. A related rental or leasing company that is a subsidiary of the same parent company as that of the renting or leasing company that rented or leased the vehicle. b. The holder of a motor vehicle title or an equity interest in a motor vehicle title if the title or equity interest is held pursuant to or to facilitate an asset-backed securitization of a fleet of motor vehicles used solely in the business of renting or leasing motor vehicles to the general public and under the dominion and control of a rental company, as described in this subparagraph, in the operation of such rental company’s business. 2. Furthermore, with respect to commercial motor vehicles as defined in s. 627.732, the limits on liability in subparagraphs (b)2. and 3. do not apply if, at the time of the incident, the commercial motor vehicle is being used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is required pursuant to such act to carry placards warning others of the hazardous cargo, unless at the time of lease or rental either: a. The lessee indicates in writing that the Florida Traffic Statutes 399 vehicle will not be used to transport materials found to be hazardous for the purposes of the Hazardous Materials Transportation Authorization Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or b. The lessee or other operator of the commercial motor vehicle has in effect insurance with limits of at least $5,000,000 combined property damage and bodily injury liability. (10) JUDGMENT. Any judgment becoming final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle for damages, including damages for care and loss of services because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damage. (11) REGISTRATION. Registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles. 324.022 Financial responsibility for property damage. (1) Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash. The requirements of this section may be met by one of the methods established in s. 324.031; by self-insuring as authorized by s. 768.28(16); or by maintaining an insurance policy providing coverage for property damage liability in the amount of at least $10,000 because of damage to, or destruction of, property of others in any one accident arising out of the use of the motor vehicle. The requirements of this section may also be met by having a policy which provides coverage in the amount of at least $30,000 for combined property damage liability and bodily injury liability for any one crash arising out of the use of the motor vehicle. The policy, with respect to coverage for property damage liability, must meet the applicable requirements of s. 324.151, subject to the usual policy exclusions that have been approved in policy forms by the Office of Insurance Regulation. No insurer shall have any duty to defend uncovered claims irrespective of their joinder with covered claims. (2) As used in this section, the term: (a)“Motor vehicle” means any self-propelled vehicle that has four or more wheels and that is of a type designed and required to be licensed for use on the highways of this state, and any trailer or semitrailer designed for use with such vehicle. The term does not include: 1. A mobile home. 2. A motor vehicle that is used in mass transit and designed to transport more than five passengers, exclusive of the operator of the motor vehicle, and that is owned by a municipality, transit authority, or political subdivision of the state. 3. A school bus as defined in s. 1006.25. 4. A vehicle providing for-hire transportation that is subject to the provisions of s. 324.031. A taxicab shall maintain security as required under s. 324.032(1). 5. A personal delivery device as defined in s. 316.003. (b) “Owner” means the person who holds legal title to a motor vehicle or the debtor or lessee who has the right to possession of a motor vehicle that is the subject of a security agreement or lease with an option to purchase. (3) Each nonresident owner or registrant of a motor vehicle that, whether operated or not, has been physically present within this state for more than 90 days during the preceding 365 days shall maintain security as required by subsection (1) that is in effect continuously throughout the period the motor vehicle remains within this state. (4) The owner or registrant of a motor vehicle is exempt from the requirements of this section if she or he is a member of the United States Armed Forces and is called to or on active duty outside the United States in an emergency situation. The exemption provided by this subsection applies only as long as the member of the Armed Forces is on such active duty outside the United States and applies only while the vehicle is not operated by any person. Upon receipt of a written request by the insured to whom the exemption provided in this subsection Florida Traffic Statutes 400 applies, the insurer shall cancel the coverages and return any unearned premium or suspend the security required by this section. Notwithstanding s. 324.0221(3), the department may not suspend the registration or operator’s license of any owner or registrant of a motor vehicle during the time she or he qualifies for an exemption under this subsection. Any owner or registrant of a motor vehicle who qualifies for an exemption under this subsection shall immediately notify the department prior to and at the end of the expiration of the exemption. 324.031 Manner of proving financial responsibility. The owner or operator of a taxicab, limousine, jitney, or any other for-hire passenger transportation vehicle may prove financial responsibility by providing satisfactory evidence of holding a motor vehicle liability policy as defined in s. 324.021(8) or s. 324.151, which policy is issued by an insurance carrier which is a member of the Florida Insurance Guaranty Association. The operator or owner of any other vehicle may prove his or her financial responsibility by: (1) Furnishing satisfactory evidence of holding a motor vehicle liability policy as defined in ss. 324.021(8) and 324.151; (2) Furnishing a certificate of self-insurance showing a deposit of cash in accordance with s. 324.161; or (3) Furnishing a certificate of self-insurance issued by the department in accordance with s. 324.171. Any person, including any firm, partnership, association, corporation, or other person, other than a natural person, electing to use the method of proof specified in subsection (2) shall furnish a certificate of deposit equal to the number of vehicles owned times $30,000, to a maximum of $120,000; in addition, any such person, other than a natural person, shall maintain insurance providing coverage in excess of limits of $10,000/20,000/10,000 or $30,000 combined single limits, and such excess insurance shall provide minimum limits of $125,000/250,000/50,000 or $300,000 combined single limits. These increased limits shall not affect the requirements for proving financial responsibility under s. 324.032(1). 324.051 Reports of crashes; suspensions of licenses and registrations. (1) (a) Every law enforcement officer who, in the regular course of duty either at the time of and at the scene of the crash or thereafter by interviewing participants or witnesses, investigates a motor vehicle crash which he or she is required to report pursuant to s. 316.066(1) shall forward a written report of the crash to the department within 10 days of completing the investigation. However, when the investigation of a crash will take more than 10 days to complete, a preliminary copy of the crash report shall be forwarded to the department within 10 days after the occurrence of the crash, to be followed by a final report within 10 days after completion of the investigation. The report shall be on a form and contain information consistent with the requirements of s. 316.068. (b) The department is hereby further authorized to require reports of crashes from individual owners or operators whenever it deems it necessary for the proper administration of this chapter, and these reports shall be made without prejudice except as specified in this subsection. No such report shall be used as evidence in any trial arising out of a crash. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer by the person involved in the accident if that person’s privilege against self-incrimination is not violated. (2) (a) Thirty days after receipt of notice of any accident described in paragraph (1)(a) involving a motor vehicle within this state, the department shall suspend, after due notice and opportunity to be heard, the license of each operator and all registrations of the owner of the vehicles operated by such operator whether or not involved in such crash and, in the case of a nonresident owner or operator, shall suspend such nonresident’s operating privilege in this state, unless such operator or owner shall, prior to the expiration of such 30 days, be found by the department to be exempt from the operation of this chapter, based upon evidence satisfactory to the department that: 1. The motor vehicle was legally parked at the time of such crash. 2. The motor vehicle was owned by the United States Government, this state, or any political subdivision of this state or any municipality therein. 3. Such operator or owner has secured a duly acknowledged written agreement providing for release from liability by all parties injured as the result of said crash Florida Traffic Statutes 401 and has complied with one of the provisions of s. 324.031. 4. Such operator or owner has deposited with the department security to conform with s. 324.061 when applicable and has complied with one of the provisions of s. 324.031. 5. One year has elapsed since such owner or operator was suspended pursuant to subsection (3), the owner or operator has complied with one of the provisions of s. 324.031, and no bill of complaint of which the department has notice has been filed in a court of competent jurisdiction. (b) This subsection shall not apply: 1. To such operator or owner if such operator or owner had in effect at the time of such crash or traffic conviction an automobile liability policy with respect to all of the registered motor vehicles owned by such operator or owner. 2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such crash or traffic conviction an automobile liability policy or bond with respect to his or her operation of motor vehicles not owned by him or her. 3. To such operator or owner if the liability of such operator or owner for damages resulting from such crash is, in the judgment of the department, covered by any other form of liability insurance or bond. 4. To any person who has obtained from the department a certificate of self insurance, in accordance with s. 324.171, or to any person operating a motor vehicle for such self insurer. No such policy or bond shall be effective under this subsection unless it contains limits of not less than those specified in s. 324.021(7). (3) Any driver’s license or registration certificate or certificates and registration plates which are suspended as provided for in this section shall remain suspended for a period of 3 years unless reinstated as otherwise provided in this chapter. 324.072 Proof required upon certain convictions. (1) Upon the suspension or revocation of a license pursuant to the provisions of s. 322.26 or s. 322.27, the department shall suspend the registration for all motor vehicles registered in the name of such person, either individually or jointly with another, except that it shall not suspend such registration, unless otherwise required by law, if such person has previously given or shall immediately give, and thereafter maintain, proof of financial responsibility with respect to all motor vehicles registered by such person, in accordance with this chapter. (2) Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter registered in the name of such person, until permitted under the laws of this state, and not then unless and until he or she shall give and thereafter maintain proof of financial responsibility as required by s. 324.071. 324.201 Return of license or registration to department. (1) Any person whose license or registration shall have been suspended as herein provided; whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated; or who shall neglect to furnish other proof upon the request of the department shall immediately return his or her license and registrations to the department. If any person shall fail to return to the department the license or registrations as provided herein, the department shall issue a complaint to a court of competent jurisdiction which shall issue a warrant charging such person with a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Such person shall surrender to the court his or her driver's license, registration, and plates for delivery to the department. For the service and execution of such warrant the sheriff shall receive the arrest and other fees authorized by law. (2) It shall be unlawful for any person whose license has been suspended to operate any motor vehicle or for any person whose registrations have been suspended to obtain another motor vehicle for the purpose of circumventing this chapter. (3) If a law enforcement officer determines that a person operating a motor vehicle is also the owner or registrant, or the coowner or coregistrant, of the motor vehicle and is operating the motor vehicle with a driver's license or vehicle registration that has been under suspension pursuant to a violation of this chapter for a period of at least 30 days, 402 the police officer shall immediately seize the license plate of the motor vehicle. (4) All information obtained by the department regarding compliance with the provisions of this chapter shall be made available to all law enforcement agencies for the purpose of enforcing this chapter. Law enforcement agencies may utilize that information to seize the license plate of any motor vehicle which has a suspended registration as a result of noncompliance by the operator or owner of the motor vehicle under the provisions of this chapter. 324.211 Sale by owner during suspension; rights of conditional vendors, mortgagees, and lessors. (1) (a) If an owner's registration has been suspended hereunder, it shall be unlawful for him or her to transfer such registration or to have registered in any other name the motor vehicle in respect of which such registration was issued until the department is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purpose of this chapter; provided, however, that any owner within the purview of this section may file an application for permission to transfer such registration, which application shall be accompanied by an affidavit of good faith showing that such transfer is not with the intent of defeating the purpose of this chapter. The department, within 10 days subsequent to suspension of the owner's registration, upon request shall furnish proper application and affidavit forms to each such owner along with the notice of suspension, and the owner shall have 15 days from receipt thereof to file such application, which application shall be either approved or rejected by the department within 30 days from the filing thereof. (b) In addition to the penalties otherwise provided for violation of this section the department may suspend the registration of any vehicle transferred contrary to the provisions of this section. (2) Nothing in this section or elsewhere in this chapter contained shall affect the rights of any conditional vendor, chattel mortgagee or lessor or any successor in interest of a motor vehicle registered in the name of another as owner who becomes subject to the provisions of this section; and in the event of the repossession or foreclosure of a motor vehicle by such conditional vendor, chattel mortgagee, or lessor, or any successor in interest, pursuant to the exercise of rights to such repossession under the terms of the lien instrument or contract involved, by operation of law or through legal proceedings, the lienholder or lessor repossessor shall have the right to have delivered to it the registration plates which shall have been surrendered. 324.221 Penalties. (1) Any person who makes any misstatement in or commits any forgery upon notice required to be filed hereunder or who makes any false affidavit in connection with the transfer or proposed transfer of the registration of a motor vehicle is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who violates any other provision of this chapter for which no penalty is otherwise provided is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who operates a motor vehicle with an attached license plate which is not registered under the name of the owner of the vehicle and whose driver's license or vehicle registration is currently under suspension pursuant to a violation of this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. State Statutes 403 The following pages contain selected FLORIDA STATE STATUTES. (excluding traffic related statutes) State Statutes 404 CHAPTER 24 STATE LOTTERIES ....................... ... Page #425 24.1055 Prohibition against sale of lottery tickets to minors; posting signs; penalties 24.116 Unlawful purchase of lottery tickets; penalty. 24.117 Unlawful sale of lottery tickets; penalty. 24.118 Other prohibited acts; penalties. CHAPTER 30 SHERIFFS ............................. Page #426 30.07 Deputy sheriffs. 30.09 Qualification of deputies; special deputies. 30.10 Place of office. 30.12 Power to appoint sheriff. 30.15 Powers, duties, and obligations. 30.29 Sheriffs may furnish vital war industries guard service against sabotage. 30.2905 Program to contract for employment of off-duty deputies for security services. 30.291 Closing of public facilities upon threat of violence. 30.46 Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties. 30.53 Independence of constitutional officials. 30.56 Release of traffic violator on recognizance or bond; penalty for failure to appear. CHAPTER 39 PROCEEDINGS RELATING TO JUVENILES ....Page #? 39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline. 39.2015 Critical incident rapid response team. 39.202 Confidentiality of reports and records in cases of child abuse or neglect. 39.2021 Release of confidential information. 39.203 Immunity from liability in cases of child abuse, abandonment, or neglect. 39.205 Penalties relating to reporting of child abuse, abandonment, or neglect. 39.304 Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child. 39.401 Taking a child alleged to be dependent into custody law enforcement officers and authorized agents of the department. 39.906 Referral to centers and notice of rights. CHAPTER 68 MISCELLANEOUS PROCEEDINGS ........... Page #441 68.065 Actions to collect worthless checks, drafts, or orders of payment; attorney's fees and collection costs. CHAPTER 83 LANDLORD AND TENANT ................... Page #443 82.045 Remedy for unlawful detention by a transient occupant of residential property 83.51 Landlord's obligation to maintain premises. 83.52 Tenant's obligation to maintain dwelling unit. 83.53 Landlord's access to dwelling unit. 83.535 Flotation bedding system; restrictions on use. 83.54 Enforcement of rights and duties; civil action. Any right or duty declared in this part is enforceable by civil action. 83.55 Right of action for damages. 83.67 Prohibited practices. 83.682 Termination of rental agreement by a servicemember (Armed Forces). CHAPTER 90 EVIDENCE CODE ............................ Page #446 90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner CHAPTER 92 WITNESSES, RECORDS, & DOCUMENTS .... Page #446 92.141 Law enforcement employees; travel expenses; compensation as witness. 92.52 Affirmation equivalent to oath. 92.55 Judicial or other proceedings involving child victim or witness under the age of State Statutes 405 16; special protections. 92.56 Judicial proceedings and court records involving sexual offenses. 92.561 Prohibition on reproduction of child pornography. 92.565 Admissibility of confession in sexual abuse cases. 92.57 Termination of employment of witness prohibited. 92.70 Eyewitness identification CHAPTER 112 PUBLIC OFFICERS & EMPLOYEES .......... Page #451 112.021 Florida residence unnecessary. 112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability. 112.181 Firefighters, paramedics, emergency medical technicians, law enforcement officers, correctional officers; special provisions relative to certain communicable diseases. 112.1815 Firefighters, paramedics, emergency medical technicians, and law enforcement officers; special provisions for employment-related accidents and injuries 112.182 "Firefighter rule" abolished. 112.19 Law enforcement, correctional, and correctional probation officers; death benefits. 112.531 Definitions. 112.532 Law enforcement officers' and correctional officers' rights. 112.533 Receipt and processing of complaints. 112.534 Failure to comply. CHAPTER 117 NOTARIES PUBLIC .......................... Page #463 117.03 Administration of oaths. 117.10 Law enforcement officers and correctional officers. 117.105 False or fraudulent acknowledgments; penalty. 117.107 Prohibited acts. CHAPTER 119 PUBLIC RECORDS ........................... Page #464 119.011 Definitions. 119.07 Inspection, examination, and duplication of records; exemptions. 119.10 Violation of chapter; penalties. 119.105 Protection of victims of crimes or accidents. CHAPTER 327 VESSELS; REGISTRATION & SAFETY ....... Page #468 327.02 Definitions of terms used in this chapter and in chapter 328. 327.30 Collisions, accidents, and casualties. 327.301 Written reports of accidents. 327.33 Reckless or careless operation of vessel. 327.331 Divers; definitions; divers-down flag required; obstruction to navigation of certain waters; penalty 327.34 Incapacity of operator. 327.35 Operating vessel while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties. 327.352 Tests for impairment or intoxication; right to refuse. 327.35215 Penalty for failure to submit to test. 327.353 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. 327.354 Presumption of impairment; testing methods. 327.355 Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages 327.36 Mandatory adjudication; prohibition against accepting plea to lesser included offense. 327.37 Water skis and aquaplanes regulated. 327.38 Skiing prohibited while under influence of liquor or drugs. 327.39 Personal watercraft regulated. State Statutes 406 327.391 Airboats regulated. 327.395 Boating safety identification cards. 327.40 Uniform waterway markers for safety and navigation 327.41 Uniform waterway regulatory markers 327.42 Mooring to or damaging of markers or buoys prohibited. 327.44 Interference with navigation. 327.46 Restricted areas. 327.48 Regattas, races, marine parades, tournaments, or exhibitions. 327.50 Vessel safety regulations; equipment and lighting requirements. 327.52 Maximum loading and horsepower 327.53 Marine sanitation. 327.54 Liveries; safety regulations; penalty. 327.56 Safety and marine sanitation equipment inspections; qualified. 327.59 Marina evacuations. 327.60 Local regulations; limitations 327.65 Muffling devices. 327.66 Carriage of gasoline on vessels. 327.70 Enforcement of this chapter and chapter 328. 327.72 Penalties. 327.73 Noncriminal infractions. CHAPTER 328 VESSELS; TITLE CERTIFICATES; LIENS ..... Page #499 328.03 Certificate of title required. 328.05 Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties. 328.07 Hull identification number required. 328.13 Manufacturer's statement of origin to be furnished. 328.19 Penalty. CHAPTER 329 AIRCRAFT TITLE & REGISTRATION ...........Page #? 329.10 Aircraft registration. 329.11 Aircraft identification numbers; penalties. CHAPTER 339 TRANSPORTATION .......................... Page #503 339.28 Willful and malicious damage to boundary marks, guideposts, lampposts, etc. on transportation facility. CHAPTER 365 TELEPHONES & FACSIMILE MACHINES ..... Page #503 365.16 Obscene or harassing telephone calls. 365.161 Prohibition of certain obscene telephone communications; penalty. 365.172 Emergency communications number “E911" CHAPTER 372 WILDLIFE .................................... Page #505 379.339 Seizure of illegal devices; disposition; appraisal; forfeiture. 379.404 Illegal taking and possession of deer and wild turkey; evidence; penalty. 379.411 Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties. CHAPTER 384 SEXUALLY TRANSMISSIBLE DISEASE. ...... Page #506 384.24 Unlawful acts. 384.287 Screening for sexually transmissible disease. CHAPTER 394 MENTAL HEALTH ............................ Page #507 394.458 Introduction or removal of certain articles unlawful; penalty. 394.463 Involuntary examination. CHAPTER 397 SUBSTANCE ABUSE SERVICES ............. Page #510 397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and State Statutes 407 alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment. 397.677 Protective custody; circumstances justifying. 397.6771 Protective custody with consent. 397.6772 Protective custody without consent. CHAPTER 403 ENVIRONMENTAL CONTROL ................ Page #511 403.413 Florida Litter Law. CHAPTER 415 ABUSE, NEGLECT, & EXPLOITATION ........ Page #513 415.102 Definitions of terms used in ss. 415.101 - 415.113. 415.103 Mandatory reporting of abuse, neglect, or exploitation of aged persons or disabled adults; mandatory reports of death; central abuse registry and tracking system; immunity from liability. 415.104 Protective services investigations of cases of abuse, neglect, or exploitation of aged persons or disabled adults; transmittal of records to state attorney. 415.105 Provision of protective services with consent; withdrawal of consent. 415.107 Confidentiality of reports and records. 415.1085 Photographs, medical examinations, and X rays of abused or neglected aged persons or disabled adults. 415.109 Abrogation of privileged communications in cases involving abuse, neglect, or exploitation of aged persons or disabled adults. 415.111 Penalties relating to abuse, neglect, or exploitation of aged person or disabled adult. CHAPTER 499 DRUG, COSMETIC, & HOUSEHOLD .......... Page #520 499.61 Definitions. 499.62 License or permit required of manufacturer, distributor, dealer, or purchaser of ether. 499.65 Possession of ether without license or permit prohibited; confiscation and disposal; exceptions. 499.67 Maintenance of records by purchasers; inspections. 499.68 Reports of thefts, illegal use, or illegal possession. 499.69 Possession in or near residential housing prohibited; legal entitlement to possession of premises not a defense. 499.75 Penalties. 499.77 Exceptions. CHAPTER 506 CONTAINERS AND BASKETS ................ Page #522 506.502 Definitions. 506.508 Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers. 506.509 Possession of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers. 506.513 Illegal use of shopping carts and laundry carts. 506.514 Unlawful removal of dairy cases. 506.515 Unlawful removal of egg baskets, poultry boxes, or bakery containers. 506.518 Penalty. 506.519 Scope of ss. 506.501-506.519. CHAPTER 509 LODGING & FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS ............. Page #524 509.092 Public lodging establishments and public food service establishments; rights as private enterprises. 509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave. 509.142 Conduct on premises; refusal of service. 509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability. 509.144 Prohibited handbill distribution in a public lodging establishment; penalties State Statutes 408 509.151 Obtaining food or lodging with intent to defraud; penalty. 509.161 Rules of evidence in prosecutions. 509.162 Theft of personal property; detaining and arrest of violator; theft by employee. CHAPTER 538 SECONDHAND DEALERS & RECYCLERS .... Page #527 538.03 Definitions; applicability. 538.04 Record keeping requirements; penalties. 538.05 Inspection of records and premises of secondhand dealers. 538.06 Holding period. 538.07 Penalty for violation of chapter. 538.08 Stolen goods; petition for return. 538.15 Certain acts and practices prohibited. 538.16 Pawnbrokers; disposal of property. 538.18 Definitions. 538.19 Records required. 538.20 Inspection of regulated metals property and records. 538.21 Hold notice. 538.22 Exemptions. 538.23 Violations and penalties. 538.235 Method of payment. 538.24 Stolen regulated metals property; petition for return. 538.26 Certain acts and practices prohibited. CHAPTER 550 PARI-MUTUEL WAGERING ................... Page #538 550.0425 Minors attendance at pari-mutuel performances; restrictions. 550.3615 Bookmaking on the grounds of a permit holder; penalties; reinstatement; duties of track employees; penalty; exceptions. CHAPTER 552 EXPLOSIVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #539 552.081 Definitions. 552.091 License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives. 552.101 Possession without license prohibited; exceptions. 552.111 Maintenance of records and sales of explosives by manufacturer-distributors and dealers; inspections. 552.112 Maintenance of records by users; inspection. 552.113 Reports of thefts, illegal use, or illegal possession. 552.114 Sale, labeling, and disposition of explosives; unlawful possession. 552.12 Transportation of explosives without license prohibited; exceptions. 552.22 Penalties. 552.24 Exceptions. 552.241 Limited exemptions. CHAPTER 562 BEVERAGE LAWS ........................... Page #542 562.01 Possession of untaxed beverages. 562.02 Possession of beverage not permitted to be sold under license. 562.03 Storage on licensed premises. 562.06 Sale only on licensed premises. 562.061 Misrepresentation of beverages sold on licensed premises. 562.07 Illegal transportation of beverages. 562.11 Selling, giving, or serving alcoholic beverages to person under age 21; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties. 562.111 Possession of alcoholic beverages by persons under age 21 prohibited. 562.12 Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited. 562.121 Operating bottle club without license prohibited. 562.13 Employment of minors or certain other persons by certain vendors prohibited; exceptions. State Statutes 409 562.131 Solicitation for sale of alcoholic beverage prohibited; penalty. 562.14 Regulating the time for sale of alcoholic and intoxicating beverages. 562.23 Conspiracy to violate Beverage Law; penalty. 562.32 Moving or concealing beverage with intent to defraud state of tax; penalty. 562.38 Report of seizures. 562.41 Searches; penalty. 562.45 Penalties for violating Beverage Law; local ordinances. 562.451 Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence. 562.452 Curb service of intoxicating liquor prohibited. 562.453 Curb drinking of intoxicating liquor prohibited. 562.454 Vendors to be closed in time of riot. 562.455 Adulterating liquor; penalty. 562.48 Minors patronizing, visiting, or loitering in a dance hall. 562.50 Habitual drunkards; furnishing intoxicants to, after notice. 562.51 Retail alcoholic beverage establishments; rights as private enterprise 562.61 Sale, offer for sale, purchase, or use of alcohol vaporizing devices prohibited CHAPTER 569 TOBACCO PRODUCTS ...................... Page #551 569.002 Definitions. 569.004 Consent to inspection and search without warrant. 569.005 Operating without a retail tobacco products dealer permit; penalty. 569.006 Retail tobacco products dealers; administrative penalties. 569.007 Sale or delivery of tobacco products; restrictions. 569.0073 Special provisions; smoking pipes and smoking devices. 569.0075 Gift of sample tobacco products prohibited. 569.008 Responsible retail tobacco products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption. 569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age; criminal penalties; defense. 569.11 Possession, misrepresenting age or military service to purchase, and purchase of tobacco products by persons under 18 years of age prohibited; penalties; jurisdiction; disposition of fines. 569.12 Jurisdiction; tobacco product enforcement officers or agents; enforcement. 569.14 Posting of a sign stating that the sale of tobacco products to persons under 18 years of age is unlawful; enforcement; penalty. CHAPTER 588 LEGAL FENCES & LIVESTOCK .............. Page #556 588.13 Definitions. 588.24 Penalty. CHAPTER 590 FOREST PROTECTION ...................... Page #556 590.081 Severe drought conditions; burning prohibited. 590.10 Disposing of lighted cigars, etc. 590.11 Campfires. 590.125 Open burning authorized by the division 590.14 Penalties. 590.25 Penalty for preventing extinguishing woods fires 590.27 Penalty for mutilating or destroying forestry or fire control signs and posters 590.28 Willful, malicious, or intentional burning of lands. 590.29 Illegal possession of incendiary device. 590.30 Penalties for violating ss. 590.28 and 590.29. CHAPTER 715 PROPERTY; GENERAL PROVISIONS ........ Page #561 715.07 Vehicles parked on private property; towing. CHAPTER 741 HUSBAND & WIFE ........................... Page #564 741.28 Domestic violence; definitions. 741.29 Domestic violence; investigation of incidents; notice to victims of legal rights State Statutes 410 and remedies; reporting. 741.30 Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; enforcement. 741.31 Violation of an injunction for protection against domestic violence. 741.313 Unlawful action against employees seeking protection. 741.315 Recognition of foreign protection orders. CHAPTER 744 GUARDIANSHIP - (Parental Custody) . . . . . . . Page #575 744.301 Natural guardians. CHAPTER 775 PENALTIES AND REGISTRATION OF CRIMINALS .............................. Page #577 775.08 Classes and definitions of offenses. 775.081 Classifications of felonies and misdemeanors. 775.082 Penalties. 775.0823 Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges. 775.083 Fines. 775.084 Habitual felony offenders and habitual violent felony offenders; extended terms; definitions; procedure; penalties. 775.0845 Wearing mask while committing offense; enhanced penalties. 775.0846 Wearing bulletproof vest while committing certain offenses. 775.0847 Possession or promotion of certain images of child pornography; reclassification. 775.085 Evidencing prejudice while committing offense; enhanced penalties. 775.0861 Offenses against persons on the grounds of religious institutions; reclassification. 775.0862 Sexual offenses against students by authority figures; reclassification. 775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; reclassification. 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence. 775.0875 Unlawful taking, possession, or use of law enforcement officer's firearm; crime reclassification; penalties. 775.0877 Criminal transmission of HIV; procedures; penalties. 775.13 Registration of convicted felons, exemptions; penalties. 775.15 Time limitations. 775.16 Drug offenses; additional penalties. 775.21 The Florida Sexual Predators Act - penalties 775.215 Residency restriction for persons convicted of certain sex offenses. 775.261 The Florida Career Offender Registration Act - penalities. 775.30 Terrorism; defined. 775.31 Facilitating or furthering terrorism; felony or misdemeanor reclassification. 775.32 Use of military-type training provided by a designated foreign terrorist organization. 775.33 Providing material support or resources for terrorism or to terrorist organizations. 775.34 Membership in a designated foreign terrorist organization. 775.35 Agroterrorism; penalties. CHAPTER 776 JUSTIFIABLE USE OF FORCE ............... Page #618 776.012 Use or threatened use of force in defense of person. 776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm. 776.031 Use of force in defense of others. 776.032 Immunity from criminal prosecution and civil action for justifiable use of force. 776.041 Use of force by aggressor. 776.05 Law enforcement officers; use of force in making an arrest. 776.051 Use of force in resisting or making an arrest; prohibition. State Statutes 411 776.06 Deadly force. 776.07 Use of force to prevent escape. 776.08 Forcible felony. CHAPTER 777 PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; CONSPIRACY ................................ Page #621 777.011 Principal in first degree. 777.03 Accessory after the fact. 777.04 Attempts, solicitation, and conspiracy. 777.201 Entrapment. CHAPTER 782 HOMICIDE ................................... Page #623 782.02 Justifiable use of deadly force. 782.03 Excusable homicide. 782.04 Murder. 782.051 Attempted felony murder 782.065 Murder; law enforcement officer 782.07 Manslaughter. 782.071 Vehicular homicide. 782.072 Vessel homicide. 782.08 Assisting self-murder. 782.081 Commercial exploitation of self-murder. 782.09 Killing of unborn child by injury to mother. 782.11 Unnecessary killing to prevent unlawful act. CHAPTER 784 ASSAULT; BATTERY; AND CULPABLE NEGLIGENCE ................................ Page #627 784.011 Assault. 784.021 Aggravated assault. 784.03 Battery; felony battery. 784.041 Felony battery. 784.045 Aggravated battery. 784.046 Action by victim of repeat violence for protective injunction; powers and duties of court and clerk of court; filing and form of petition; notice and hearing; temporary injunction; issuance; enforcement. 784.047 Penalties for violating protective injunction against repeat violators. 784.048 Stalking; definitions; penalties. 784.0487 Violation of an injunction for protection against stalking or cyberstalking. 784.049 Sexual cyberharassment. 784.05 Culpable negligence. 784.062 Misuse of laser lighting devices. 784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, or other specified officers; reclassification of offenses; minimum sentences. 784.071 Assault or battery on a law enforcement officer; missing while in line of duty; blue alert. 784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses. 784.075 Battery on detention or commitment facility staff. 784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence. 784.081 Assault or battery on specified officials or employees; reclassification of offenses. 784.082 Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses. 784.083 Assault or battery on code enforcement officers 784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or State Statutes 412 materials. CHAPTER 787 KIDNAPING; FALSE IMPRISONMENT; AND CUSTODY .............................. Page #642 787.01 Kidnaping; kidnaping of child under age 13, aggravating circumstances. 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances. 787.025 Luring or enticing a child 787.03 Interference with custody. 787.04 Removing minors from state or concealing minors contrary to state agency order or court order. 787.05 Unlawfully obtaining labor or services. 787.06 Human trafficking. 787.07 Human smuggling. CHAPTER 790 WEAPONS AND FIREARMS .................. Page #648 790.001 Definitions. 790.01 Carrying concealed weapons. 790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity 790.02 Officer to arrest without warrant and upon probable cause. 790.051 Exemption from licensing requirements; law enforcement officers. 790.052 Carrying concealed firearms; off-duty law enforcement officers. 790.053 Open carrying of weapons. 790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties. 790.06 License to carry concealed weapon or firearm. 790.061 Judges and justices; exceptions from licensure provisions. 790.065 Sale and delivery of firearms. 790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties. 790.07 Persons engaged in criminal offense, having weapons. 790.08 Taking possession of weapons and arms; reports; disposition; custody. 790.09 Manufacturing or selling slungshot. 790.10 Improper exhibition of dangerous weapons or firearms. 790.115 Possessing or discharging weapons or firearms on school property prohibited; penalties; exceptions. 790.15 Discharging firearm in public. 790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties. 790.153 Tests for impairment or intoxication; right to refuse. 790.155 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. 790.157 Presumption of impairment; testing methods. 790.16 Discharging machine guns; penalty. 790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties. 790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty. 790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty. 790.163 False report about planting bomb or explosive; penalty. 790.164 False reports of bombing or arson against state-owned property; penalty; reward. 790.165 Planting of "hoax bomb" prohibited; penalties. 790.166 Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties. 790.17 Furnishing weapons to minors under 18 years of age, etc. State Statutes 413 790.174 Safe storage of firearms required. 790.175 Transfer or sale of firearms; required warnings; penalties. 790.18 Selling arms to minors by dealers. 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. 790.22 Use of BB guns, air or gas-operated guns, electric weapons or devices, or firearms by child under 16; limitation. 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty. 790.225 Self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty. 790.23 Felons; possession of firearms or electric weapons or devices unlawful; exception; penalty. 790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence; penalties. 790.235 Possession of firearm by violent career criminal unlawful; penalty. 790.24 Report of medical treatment of gunshot wounds; penalty for failure to report. 790.25 Lawful ownership, possession, and use of firearms and other weapons. 790.251 Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement. 790.27 Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited; penalties. 790.29 Paramilitary training; teaching or participation prohibited. 790.31 Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells, or flechette shells prohibited. 790.33 Field of regulation of firearms and ammunition preempted. CHAPTER 791 SALE OF FIREWORKS ....................... Page #684 791.01 Definitions. 791.013 Testing and approval of sparklers; penalties. 791.02 Sale of fireworks regulated; rules and regulations. 791.05 Seizure of illegal fireworks. 791.06 Penalties. CHAPTER 794 SEXUAL BATTERY ........................... Page #686 794.005 Legislative findings and intent as to basic charge of sexual battery. 794.011 Sexual battery. 794.02 Common-law presumption relating to age abolished. 794.021 Ignorance or belief as to victim's age no defense. 794.022 Rules of evidence. 794.023 Sexual battery by multiple perpetrators; enhanced penalties. 794.024 Unlawful to disclose identifying information. 794.027 Duty to report sexual battery; penalties. 794.03 Unlawful to publish or broadcast information identifying sexual offense victim. 794.05 Unlawful sexual activity with certain minors. 794.065 Unlawful place of residence for persons convicted of certain sex offenses. 794.075 Sexual predators; erectile dysfunction drugs. CHAPTER 796 PROSTITUTION .............................. Page #690 796.03 Procuring person under age of 18 for prostitution. 796.035 Selling or buying of minors into sex trafficking or prostitution; penalties. 796.036 Violations involving minors; reclassification. 796.04 Forcing, compelling, or coercing another to become a prostitute. 796.045 Sex trafficking; penalties. 796.05 Deriving support from the proceeds of prostitution. 796.06 Renting space to be used for lewdness, assignation, or prostitution. 796.07 Prohibiting prostitution, etc.; evidence; penalties; definitions. State Statutes 414 796.08 Screening for sexually transmissible diseases; providing penalties. CHAPTER 798 ADULTERY; COHABITATION ................. Page #694 798.02 Lewd and lascivious behavior. CHAPTER 800 LEWDNESS; INDECENT EXPOSURE ......... Page #694 800.02 Unnatural and lascivious act. 800.03 Exposure of sexual organs. 800.04 Lewd, lascivious, or indecent assault or act upon or in presence of child. 800.09 Lewd or lascivious exhibition in the presence of an employee. CHAPTER 806 ARSON AND CRIMINAL MISCHIEF ........... Page #696 806.01 Arson. 806.031 Arson resulting in injury to another; penalty. 806.10 Preventing or obstructing extinguishment of fire. 806.101 False alarms of fires. 806.111 Fire bombs. 806.13 Criminal mischief. 806.14 Art works in public buildings; willful damage; unauthorized removal; penalties. CHAPTER 810 BURGLARY AND TRESPASS ................ Page #699 810.011 Definitions. 810.02 Burglary. 810.06 Possession of burglary tools. 810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty. 810.07 Prima facie evidence of intent. 810.08 Trespass in structure or conveyance. 810.09 Trespass on property other than structure or conveyance. 810.095 Trespass on school property with firearm or other weapon prohibited. 810.097 Trespass upon grounds or facilities of a school; penalties; arrest. 810.0975 School safety zones; definition; trespass prohibited; penalty 810.10 Posted land; removing notices unlawful; penalty. 810.11 Placing signs adjacent to highways; penalty. 810.115 Breaking or injuring fences. 810.12 Unauthorized entry on land; prima facie evidence of trespass. 810.14 Voyeurism prohibited; penalties 810.145 Video voyeurism CHAPTER 812 THEFT, ROBBERY, & RELATED CRIMES ..... Page #708 812.012 Definitions. 812.014 Theft. 812.0145 Theft from persons 65 years of age or older; reclassification of offenses. 812.015 Retail and farm theft; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; resisting arrest; penalties. 812.016 Possession of altered property. 812.017 Use of a fraudulently obtained or false receipt. 812.019 Dealing in stolen property. 812.022 Evidence of theft or dealing in stolen property. 812.025 Charging theft and dealing in stolen property. 812.028 Defenses precluded. 812.037 Construction of ss. 812.012-812.037. 812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities. 812.062 Notification to owner and law enforcement agency initiating stolen motor vehicle report upon recovery of stolen vehicle. 812.081 Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty. 812.13 Robbery. State Statutes 415 812.131 Robbery by sudden snatching 812.133 Carjacking. 812.135 Home-invasion robbery. 812.14 Trespass and larceny with relation to utility fixtures. 812.145 Theft of copper or other nonferrous metals. 812.15 Unauthorized reception of cable television services; penalties. 812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence. 812.16 Operating chop shops; definitions; penalties; restitution; forfeiture. 812.171 Definition. 812.1725 Preemption. 812.173 Convenience business security. 812.175 Enforcement; civil fine; Convenience Business Security Trust Fund. 812.0195 Dealing in stolen property by use of the Internet. CHAPTER 815 COMPUTER RELATED CRIMES .............. Page #727 815.03 Definitions. 815.04 Offenses against intellectual property; public record exemption. 815.06 Offenses against computer users. 815.061 Offenses against public utilities. 815.07 This chapter not exclusive. CHAPTER 817 FRAUDULENT PRACTICES .................. Page #730 817.02 Obtaining property by false personation. 817.025 Home or private business invasion by false personation; penalties. 817.03 Making false statement to obtain property or credit. 817.034 Florida Communications Fraud Act. 817.037 Fraudulent refunds. 817.233 Burning to defraud the insurer. 817.234 False and fraudulent insurance claims. 817.235 Personal property; removing or altering identification marks. 817.236 False and fraudulent motor vehicle insurance application. 817.2361 False or fraudulent motor vehicle insurance card. 817.28 Fraudulent obtaining of property by gaming. 817.30 Punishment for unlawful use of badge of certain orders and organizations. 817.31 Unlawful use of insignia of American Legion; penalty. 817.311 Unlawful use of badges, etc. 817.312 Unlawful use of uniforms, medals, or insignia. 817.32 Fraudulent operation of coin-operated devices. 817.33 Manufacture, etc., of slugs to be used in coin-operated devices prohibited. 817.355 Fraudulent creation or possession of admission ticket. 817.36 Resale of tickets of common carriers, places of amusement, etc. 817.361 Resale of multiday or multievent ticket. 817.481 Credit or purchases; obtaining illicitly. 817.482 Possessing or transferring device for theft of telecommunications service; concealment of destination of telecommunications service. 817.4821 Cellular telephone counterfeiting offenses. 817.483 Transmission or publication of information regarding schemes, devices, means, or methods for theft of communication services. 817.49 False reports of commission of crimes; penalty. 817.50 Fraudulently obtaining goods or services from a health care provider; false reports of a communicable disease. 817.52 Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle. 817.53 False charges for radio and television repairs and parts; penalty. 817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof. 817.564 Imitation controlled substances defined; possession and distribution prohibited. State Statutes 416 817.565 Urine testing, fraudulent practices; penalties. 817.566 Misrepresentation of association with, or academic standing at, postsecondary educational institution. 817.567 Making false claims of academic degree or title. 817.568 Criminal use of personal identification information. 817.5685 Unlawful possession of the personal I.D. information of another person. 817.58 Definitions. 817.59 False statement as to financial condition or identity. 817.60 Theft; obtaining credit card through fraudulent means. 817.61 Fraudulent use of credit cards. 817.611 Traffic in counterfeit credit cards. 817.612 Expired or revoked credit cards. 817.62 Fraud by person authorized to provide goods or services. 817.625 Use of scanning device or reencoder to defraud; penalties. 817.631 Possession and transfer of credit-card-making equipment. 817.64 Receipt of money, etc., obtained by fraudulent use of credit cards. 817.645 Alteration of credit card invoice; penalties. 817.646 Credit card lists prohibited; penalty. 817.65 Defenses not available. 817.67 Penalties. CHAPTER 823 PUBLIC NUISANCES ......................... Page #753 823.02 Building bonfires. 823.041 Disposal of bodies of dead animals; penalty. 823.07 Iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or airtight units; abandonment, discard. 823.09 Violation of s. 823.07; penalty. 823.10 Place where controlled substances are illegally kept, sold, or used declared a public nuisance. 823.12 Smoking in elevators unlawful; penalty. CHAPTER 825 ABUSE, NEGLECT, EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS . . . . . . . . . Page #754 825.101 Definitions 825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties. 825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person. 825.103 Exploitation of an elderly person or disabled adult; penalties. 825.105 Good faith assistance. CHAPTER 826 BIGAMY; INCEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #758 826.04 Incest. CHAPTER 827 ABUSE OF CHILDREN . . . . . . . . . . . . . . . . . . . . . . . Page #758 827.01 Definitions. 827.03 Aggravated child abuse. 827.035 Newborn infants. 827.04 Child abuse. 827.06 Persistent nonsupport. 827.071 Sexual performance by a child; penalties. 827.08 Misuse of child support money. 827.10 Unlawful desertion of a child. CHAPTER 828 ANIMALS: CRUELTY; SALES; AND PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #762 828.02 Definitions. 828.05 Killing an injured or diseased domestic animal. 828.073 Animals found in distress; when agent may take charge; hearing; disposition; State Statutes 417 sale. 828.08 Penalty for exposing poison. 828.12 Cruelty to animals. 828.122 Fighting or baiting animals; offenses; penalties. 828.125 Killing or aggravated abuse of registered breed horses or cattle; offenses; penalties. 828.126 Sexual activities involving animals 828.13 Confinement of animals without sufficient food, water, or exercise; abandonment of animals. 828.16 Contagious diseases. 828.17 Officer to arrest without warrant. CHAPTER 831 FORGERY & COUNTERFEITING . . . . . . . . . . . . . Page #767 831.01 Forgery. 831.02 Uttering forged instruments. 831.03 Forging or counterfeiting private labels. 831.05 Vending goods with counterfeit labels. 831.08 Possessing certain forged notes or bills. 831.09 Uttering forged bills. 831.29 Making or having instruments and material for counterfeiting drivers' licenses. 831.30 Medicinal drugs; fraud in obtaining. 831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver. 831.311 Unlawful sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances CHAPTER 832 VIOLATIONS INVOLVING CHECKS AND DRAFTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #770 832.041 Stopping payment with intent to defraud. 832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form. 832.075 Requiring credit card information for check or draft acceptance prohibited. CHAPTER 836 DEFAMATION; LIBEL; & THREATS . . . . . . . . . . . Page #773 836.01 Punishment for libel. 836.03 Owner or editor of the paper also guilty. 836.05 Threats; extortion. 836.07 Notice condition precedent to prosecution for libel. 836.09 Communicating libelous matter to newspapers; penalty. 836.10 Written threats to kill or do bodily injury; punishment. 836.11 Publications which tend to expose persons to hatred, contempt, or ridicule prohibited. 836.12 Threats CHAPTER 837 PERJURY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #774 837.011 Definitions. 837.012 Perjury when not in an official proceeding. 837.02 Perjury in official proceedings. 837.021 Perjury by contradictory statements. 837.05 False reports to law enforcement authorities. 837.055 False information to law enforcement during investigation 837.06 False official statements. CHAPTER 838 BRIBERY; MISUSE OF PUBLIC OFFICE . . . . . . Page #775 838.014 Definitions. 838.015 Bribery. 838.016 Unlawful compensation or reward for official behavior. 838.021 Corruption by threat against public servant. 838.022 Official misconduct. State Statutes 418 838.12 Bribery in athletic contests. 838.15 Commercial bribe receiving. 838.16 Commercial bribery. 838.21 Disclosure or use of confidential criminal justice information. 838.22 Bid Tampering CHAPTER 839 PUBLIC OFFICERS & EMPLOYEES . . . . . . . . . . Page #779 839.13 Falsifying records. 839.19 Failure to execute process generally. 839.21 Refusal to receive prisoner. 839.24 Penalty for failure to perform duty required of officer. 839.26 Misuse of confidential information. CHAPTER 843 OBSTRUCTING JUSTICE . . . . . . . . . . . . . . . . . . . . Page #780 843.01 Resisting officer with violence to his person. 843.02 Resisting officer without violence to his person. 843.021 Unlawful possession of a concealed handcuff key. 843.025 Depriving officer of means of protection or communication. 843.03 Obstruction by disguised person. 843.04 Refusing to assist prison officers in arresting escaped convicts. 843.06 Neglect or refusal to aid peace officers. 843.08 Falsely personating officer, etc. 843.081 Prohibited use of certain lights; penalty. 843.085 Unlawful use of police badges or other indicia of authority. 843.0855 Criminal actions under color of law or through use of simulated legal process. 843.09 Escape through voluntary action of officer. 843.10 Escape by negligence of officer. 843.11 Conveying tools into jail to aid escape; forcible rescue. 843.12 Aiding escape. 843.13 Aiding escape of inmates of state training schools. 843.15 Failure of defendant on bail to appear. 843.16 Unlawful to install radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties. 843.165 Unauthorized transmissions on police or fire radio frequencies prohibited; penalties; exceptions. 843.167 Unlawful use of police communications; enhanced penalties. 843.17 Publishing name and address of law enforcement officer. 843.18 Boats; fleeing or attempting to elude a law enforcement officer. 843.19 Injuring or killing police or fire dog or police horse prohibited; penalty. 843.20 Harassment of participant of neighborhood crime watch program prohibited; penalty; definitions. 843.21 Depriving crime victim of medical care 843.23 Tampering with an electronic monitoring device CHAPTER 847 OBSCENE LITERATURE; PROFANITY . . . . . . . . Page #787 847.001 Definitions. 847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty. 847.012 Prohibition of sale or other distribution of harmful materials to persons under 18 years of age; penalty. 847.0125 Retail display of materials harmful to minors prohibited. 847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations. 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty. 847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school. 847.0135 Computer pornography; penalties. 847.0137 Transmission of pornography by electronic device or equipment prohibited; State Statutes 419 penalties. 847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties 847.0141 Sexting; prohibited acts; penalties 847.0145 Selling or buying of minors; penalties. CHAPTER 849 GAMBLING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #798 849.01 Keeping gambling houses, etc. 849.02 Agents or employees of keeper of gambling house. 849.03 Renting house for gambling purposes. 849.05 Prima facie evidence. 849.07 Permitting gambling on billiard or pool table by holder of license. 849.08 Gambling. 849.085 Certain penny-ante games not crimes; restrictions. 849.09 Lottery prohibited; exceptions. 849.091 Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties. 849.10 Printing lottery tickets, etc., prohibited. 849.11 Plays at games of chance by lot. 849.14 Unlawful to bet on result of trial or contest of skill, etc. 849.141 Bowling tournaments exempted from chapter. 849.15 Manufacture, sale, possession, etc., of coin-operated devices prohibited. 849.161 Amusement games or machines; when chapter inapplicable. 849.23 Penalty for violations of ss. 849.15-849.22. 849.231 Gambling devices; manufacture, sale, purchase or possession unlawful. 849.233 Penalty for violation of s. 849.231. 849.235 Possession of certain gambling devices; defense. 849.25 "Bookmaking" defined; penalties; exceptions. CHAPTER 856 DRUNKS; LOITERING; PROWLING; AND DESERTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #805 856.011 Disorderly intoxication. 856.015 Open house parties. 856.021 Loitering or prowling; penalty. 856.022 Loitering or prowling by certain offenders in close proximity to children; penalty. 856.031 Arrest without warrant. CHAPTER 859 POISONS; ADULTERATED DRUGS . . . . . . . . . . . Page #807 859.01 Poisoning food or water. 859.02 Selling certain poisons by registered pharmacists and others. 859.04 Provisions concerning poisons. CHAPTER 860 AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #807 860.03 Intoxicated servant of common carrier. 860.04 Persons beating their way on railroad trains. 860.05 Unauthorized person interfering with railroad train, cars, or engines. 860.065 Commercial transportation; penalty for use in commission of a felony. 860.08 Interference with railroad signals prohibited; penalty. 860.09 Interference with railroad track and other equipment prohibited; penalties. 860.091 Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in death; penalty. 860.11 Injuring railroad structures; driving cattle on tracks. 860.121 Crimes against railroad vehicles; penalties. 860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty. 860.14 Motor vehicle parts and accessories; records of certain purchases. 860.145 Airbag Antitheft Act 860.146 Fake airbags; junk-filled airbag compartment. 860.15 Overcharging for repairs and parts; penalty. 860.16 Aircraft piracy; penalty. State Statutes 420 860.17 Tampering with or interfering with motor vehicles or trailers. 860.20 Outboard motors; identification numbers. CHAPTER 861 PUBLIC ROADS, TRANSPORT, & WATERS . . . Page #811 861.01 Obstructing highway. 861.011 Obstructing transportation facility. 861.02 Obstructing watercourse. 861.021 Obstructing channels; misdemeanor. 861.08 Obstructing county and settlement roads. 861.09 Certain vehicles prohibited from using hard-surfaced roads. CHAPTER 870 AFFRAYS; RIOTS; AND UNLAWFUL ASSEMBLIES . . . . . . . . . . . . . . Page #812 870.01 Affrays and riots. 870.02 Unlawful assemblies. 870.03 Riots and routs. 870.04 Specified officers to disperse riotous assembly. 870.041 Preservation of the public peace by local authority. 870.042 Designation of local authority. 870.043 Declaration of emergency. 870.044 Automatic emergency measures. 870.045 Discretionary emergency measures. 870.046 Filing and publication. 870.047 Duration and termination of emergency. 870.048 Violations. 870.05 When killing excused. 870.06 Unauthorized military organizations. CHAPTER 871 DISTURBING RELIGIOUS; AND OTHER ASSEMBLIES . . . . . . . . . . . . . . . . . . . Page #814 871.01 Disturbing schools and religious and other assemblies. 871.015 Unlawful protests CHAPTER 872 OFFENSES CONCERNING DEAD BODIES AND GRAVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #815 872.02 Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties. 872.06 Abuse of a dead human body; penalty. CHAPTER 874 STREET TERRORISM ENFORCEMENT AND PREVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #816 874.03 Definitions. 874.04 Pattern of criminal street gang activity; reclassified penalties. 874.05 Causing, encouraging, soliciting, or recruiting criminal street gang membership. 874.06 Civil cause of action. 874.08 Profits, proceeds, and instrumentalities of criminal street gangs; forfeiture. 874.10 Directing the activities of a criminal gang. 874.11 Electronic communication. 874.12 Identification documents; unlawful possession or creation. CHAPTER 876 ANARCHY, TREASON, & PUBLIC ORDER . . . . Page #818 876.11 Public place defined. 876.12 Wearing mask, hood, or other device on public way. 876.13 Wearing mask, hood, or other device on public property. 876.14 Wearing mask, hood, or other device on property of another. 876.15 Wearing mask, hood, or other device at demonstration or meeting. 876.155 Applicability; ss. 876.12-876.15. 876.16 Sections 876.11-876.15; exemptions. State Statutes 421 876.17 Placing burning or flaming cross in public place. 876.18 Placing burning or flaming cross on property of another. 876.19 Exhibits that intimidate. 876.20 Wearing mask and placing exhibit to intimidate. 876.21 Sections 876.11-876.20; penalty. 876.22 Subversive activities law; definitions. 876.23 Subversive activities unlawful; penalty. 876.24 Membership in subversive organization; penalty. 876.26 Unlawful for subversive organizations to exist or function. 876.27 Enforcement of ss. 876.22-876.31. 876.28 Grand jury to investigate violations of ss. 876.22-876.31. 876.31 Short title; ss. 876.22-876.30. 876.32 Treason. 876.33 Misprision of treason. 876.34 Combination to usurp government. 876.35 Combination against part of the people of the state. 876.36 Inciting insurrection. 876.37 Sabotage prevention law; definitions. 876.38 Intentional injury to or interference with property. 876.39 Intentionally defective workmanship. 876.40 Attempts. 876.41 Conspirators. 876.42 Witnesses' privileges. 876.43 Unlawful entry on property. 876.44 Questioning and detaining suspected persons. 876.45 Closing and restricting use of highway. 876.46 Penalty for going upon closed or restricted highway. 876.47 Rights of labor. 876.48 Relation to other statutes. 876.49 Construction. 876.50 Effective period of law. 876.51 Short title. 876.52 Public mutilation of flag. CHAPTER 877 MISCELLANEOUS CRIMES . . . . . . . . . . . . . . . . . . Page #824 877.02 Solicitation of legal services or retainers therefor; penalty. 877.03 Breach of the peace; disorderly conduct. 877.04 Tattooing prohibited; penalty. 877.08 Coin-operated vending machines and parking meters; defined; prohibited acts, penalties. 877.111 Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties. 877.112 Nicotine products and nicotine dispensing devices; prohibitions for minors; penalties; civil fines; signage requirements; preemption 877.13 Educational institutions or school boards; penalty for disruption. 877.15 Failure to control or report dangerous fire. 877.155 Report of initial treatment of burn injuries; penalty for failure to report. 877.18 Identification card or document purporting to contain applicant's age or date of birth; penalties for failure to comply with requirements for sale or issuance. 877.20 Local juvenile curfew ordinances; legislative intent. 877.21 Sections 877.20-877.25; definitions. 877.22 Minors prohibited in public places and establishments during certain hours; penalty; procedure. 877.23 Legal duty of parent; penalty. 877.24 Non-application of s. 877.22. 877.25 Local ordinance required; effect. 877.26 Direct observation, videotaping, or visual surveillance of customers in merchant's dressing room, etc., prohibited; penalties. 877.27 Unauthorized transmissions to, or interference with, a public or commercial State Statutes 422 radio station licensed by the Federal Communications Commission prohibited; penalties. CHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL Page #831 893.02 Definitions. 893.03 Standards and schedules. 893.0301 Death resulting from apparent drug overdose; reporting requirements. 893.033 Listed chemicals. 893.10 Burden of proof. 893.105 Testing and destruction of seized substances. 893.12 Contraband; seizure, forfeiture, sale. 893.13 Prohibited acts; penalties. 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking. 893.1351 Lease or rent for the purpose of trafficking in a controlled substance. 893.145 "Drug paraphernalia" defined. 893.146 Determination of paraphernalia. 893.147 Use, possession, manufacture, delivery, or advertisement: drug paraphernalia. 893.149 Unlawful possession of listed chemical. 893.1495 Retail sale of ephedrine and related compounds. 893.21 Drug-related overdoses; medical assistance; immunity from prosecution. CHAPTER 901 ARRESTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #873 901.02 When warrant of arrest to be issued. 901.04 Direction and execution of warrant. 901.09 When summons shall be issued. 901.11 Effect of not answering summons. 901.15 When arrest by officer without warrant is lawful. 901.1503 When notice to appear by officer without warrant is lawful 901.1505 Federal law enforcement officers; powers. 901.151 Stop and Frisk Law. 901.16 Method of arrest by officer by a warrant. 901.17 Method of arrest by officer without warrant. 901.18 Officer may summon assistance. 901.19 Right of officer to break into building. 901.20 Use of force to effect release of person making arrest detained in building. 901.21 Search of person arrested. 901.211 Strip searches of persons arrested; body cavity search. 901.215 Search of person arrested for identifying device indicating a medical disability. 901.22 Arrest after escape or rescue. 901.24 Right of person arrested to consult attorney. 901.25 Fresh pursuit; arrest outside jurisdiction. 901.252 Authority to patrol municipally owned property and facilities outside municipal limits; taking into custody outside territorial jurisdiction. 901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. 901.29 Authorization to take person to medical facility. 901.31 Failure to obey written promise to appear. 901.35 Financial responsibility for medical expenses. 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders. CHAPTER 903 BAIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page #880 903.22 Arrest of principal by surety before forfeiture. CHAPTER 910 VENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page page 880 910.01 Offenses committed partly in this state. 910.02 Offense committed while in transit. State Statutes 423 CHAPTER 914 WITNESSES; CRIMINAL PROCEEDINGS . . . . . Page #880 914.15 Law enforcement officers; nondisclosure of personal information. 914.16 Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews. 914.22 Tampering with a witness, victim, or informant. 914.23 Retaliating against a witness, victim, or informant. CHAPTER 918 CONDUCT OF TRIAL . . . . . . . . . . . . . . . . . . . . . . . . . Page #882 918.12 Tampering with jurors. 918.13 Tampering with or fabricating physical evidence. CHAPTER 933 SEARCH & INSPECTION WARRANTS . . . . . . . . Page #882 933.01 Persons competent to issue search warrant. 933.02 Grounds for issuance of search warrant. 933.04 Affidavits. 933.05 Issuance in blank prohibited. 933.06 Sworn application required before issuance. 933.07 Issuance of search warrants. 933.08 Search warrants to be served by officers mentioned therein. 933.09 Officer may break open door, etc., to execute warrant. 933.10 Execution of search warrant during day or night. 933.101 Service on Sunday. 933.11 Duplicate to be delivered when warrant served. 933.12 Return and inventory. 933.13 Copy of inventory shall be delivered upon request. 933.15 Obstruction of service or execution of search warrant; penalty. 933.16 Maliciously procuring search warrant to be issued; penalty. 933.17 Exceeding authority in executing search warrant; penalty. 933.18 When warrant may be issued for search of private dwelling. 933.19 Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise. CHAPTER 934 SECURITY OF COMMUNICATIONS . . . . . . . . . . . Page #885 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited. 934.15 Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted. 934.215 Unlawful use of a two-way communications device. 934.425 Installation of tracking devices or tracking applications; exceptions; penalties 934.43 Criminal disclosure of subpoena, order, or authorization. CHAPTER 937 MISSING PERSON INVESTIGATIONS . . . . . . . . Page #890 937.021 Missing child reports. CHAPTER 944 STATE CORRECTIONAL SYSTEM . . . . . . . . . . . . Page #832 944.02 Definitions. 944.40 Escapes; penalty. 944.47 Introduction, removal, or possession of certain articles unlawful; penalty. CHAPTER 951 COUNTY AND MUNICIPAL PRISONERS . . . . . . Page #893 951.22 County detention facilities; contraband articles. 951.27 Blood tests of inmates. CHAPTER 960 VICTIM ASSISTANCE . . . . . . . . . . . . . . . . . . . . . . . . Page #894 960.003 Human immunodeficiency virus testing for persons charged with or alleged by petition for delinquency to have committed certain offenses; disclosure of results to victims. CHAPTER 984 CHILDREN AND FAMILIES . . . . . . . . . . . . . . . . . . . Page #896 State Statutes 424 984.13 Taking into custody a child alleged to be from a family in need of services or to be a child in need of services. CHAPTER 985 DELINQUENCY; JUVENILES . . . . . . . . . . . . . . . . . Page #896 985.033 Right to counsel. 985.11 Fingerprinting and photographing. 985.115 Release or delivery from custody. 985.12 Civil citations. 985.275 Detention of furloughed child or escapee on authority of the department. 985.325 Threatening or dismissing an employee prohibited. 985.731 Sheltering unmarried minors; aiding unmarried minor runaways; violations State Statutes 425 24.1055 Prohibition against sale of lottery tickets to minors; posting of signs; penalties (1) No person who is less than 18 years of age may purchase a lottery ticket by means of a machine or otherwise. (2) Any retailer that sells lottery tickets by means of a player activated machine shall post a clear and conspicuous sign on such machine, which states the following: THE SALE OF LOTTERY TICKETS TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW (SECTION 24.105, FLORIDA STATUTES). PROOF OF AGE IS REQUIRED FOR PURCHASE. (3) Any person, including any vendor, who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 24.116 Unlawful purchase of lottery tickets; penalty (1) No person who is less than 18 years of age may purchase a lottery ticket; however, this shall not prohibit the purchase of a lottery ticket for the purpose of making a gift to a minor. (2) No officer or employee of the department or any relative living in the same household with such officer or employee may purchase a lottery ticket. (3) No officer or employee of any vendor under contract with the department for a major procurement, relative living in the same household with such officer or employee, or immediate supervisor of such officer or employee may purchase a lottery ticket if the officer or employee is involved in the direct provision of goods or services to the department or has access to information made confidential by the department. (4) Any person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 24.117 Unlawful sale of lottery tickets; penalty. Any person who knowingly: (1) Sells a state lottery ticket when not authorized by the department or this act to engage in such sale; (2) Sells a state lottery ticket to a minor; or (3) Sells a state lottery ticket at any price other than that established by the department; is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 24.118 Other prohibited acts; penalties. (1) UNLAWFUL EXTENSIONS OF CREDIT. Any retailer who extends credit or lends money to a person for the purchase of a lottery ticket is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This subsection shall not be construed to prohibit the purchase of a lottery ticket through the use of a credit or charge card or other instrument issued by a bank, savings association, credit union, or charge card company or by a retailer pursuant to part III of chapter 520, provided that any such purchase from a retailer shall be in addition to the purchase of goods and services other than lottery tickets having a cost of no less than $20. (2)UNLAWFUL ASSIGNMENT OR TRANSFER OF RIGHT TO CLAIM PRIZE. Any person who induces another to assign or transfer his or her right to claim a prize, who offers for sale his or her right to claim a prize, or who offers for compensation to claim the prize of another is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3)COUNTERFEIT OR ALTERED TICKETS.Any person who: (a) Knowingly presents a counterfeit or altered state lottery ticket; (b) Knowingly transfers a counterfeit or altered state lottery ticket to another to present for payment; (c) With intent to defraud, falsely makes, alters, forges, passes, or counterfeits a state lottery ticket; or (d) Files with the department a claim for payment based upon facts alleged by the claimant which facts are untrue and known by the claimant to be untrue when the claim is made; is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) BREACH OF CONFIDENTIALITY. A n y person who, with intent to defraud or with intent to provide a financial or other advantage to himself, herself, or another, knowingly and willfully discloses any information relating to the lottery designated as confidential and exempt from the provisions of s. 119.07(1) pursuant to this act is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) UNLAWFUL REPRESENTATION. (a) Any person who uses point-of-sale materials issued by the department or otherwise holds himself or herself out as a State Statutes 426 retailer without being authorized by the department to act as a retailer is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who without being authorized by the department in writing uses the term “Florida Lottery,” “State Lottery,” “Florida State Lottery,” or any similar term in the title or name of any charitable or commercial enterprise, product, or service is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 30.07 Deputy sheriffs. Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible. 30.09 Qualification of deputies; special deputies (1) BOND, SURETIES, PERFORMANCE OF SERVICES. (a) Each deputy sheriff who is appointed shall give bond as required by the board of county commissioners. The amount of the bond and the bond must be approved by the board of county commissioners. The bond must be filed with the clerk of the circuit court and be conditioned upon the faithful performance of the duties of his or her office. A deputy sheriff may not perform any services as deputy until he or she subscribes to the oath prescribed for sheriffs. Sureties are liable for all fines and amercements imposed upon their principal. (b) The board of county commissioners of any county may accept a blanket surety bond issued by a solvent surety company authorized to do business in this state, conditioned upon the faithful performance of the duties of the deputy sheriffs appointed by a sheriff, in a sum to be fixed by the board of county commissioners. If such a blanket surety bond is accepted, individual surety bonds for each deputy sheriff are not necessary. The cost of the blanket bond must be paid by the appropriate sheriff's department. Sureties are liable for all fines and amercements imposed upon their principals under the provisions of the blanket bond. (2) SURETY COMPANIES. The requisite of two sureties and justification of same does not apply when surety is by a solvent surety company authorized to do business in this state. (3) LIABILITY OF SHERIFF.--The giving of such bond by a deputy does not relieve the sheriff of the liability for the acts of his or her deputies. (4) EXCEPTIONS.--This section does not apply to the appointment of special deputy sheriffs appointed by the sheriff: (a) To attend elections on election days. (b) To perform undercover investigative work. (c) For specific guard or police duties in connection with public sporting or entertainment events, not to exceed 30 days; or for watch or guard duties, when serving in such capacity at specified locations or areas only. (d) For special and temporary duties, without power of arrest, in connection with guarding or transporting prisoners. (e) To aid in preserving law and order, or to give necessary assistance in the event of any threatened or actual hurricane, fire, flood, or other natural disaster, or in the event of any major tragedy such as an act of local terrorism or a national terrorism alert, an airplane crash, a train or automobile wreck, or a similar accident. (f) To raise the power of the county, by calling bystanders or others, to assist in quelling a riot or any breach of the peace, when ordered by the sheriff or an authorized general deputy. (g) To serve as a parking enforcement specialist pursuant to s. 316.640(2). The appointment of a special deputy sheriff in any such circumstance, except with respect to paragraph (g), may be made with full powers of arrest when the sheriff considers such appointment reasonable and necessary in the execution of the duties of his or her office. Except under circumstances described in paragraphs (a), (e), (f), and (g), the appointees must possess at least the minimum requirements established for law enforcement officers by the Criminal Justice Standards and Training Commission. The appointment of any such special deputy sheriff must be recorded in a register maintained for such purpose in the sheriff's office, showing the terms and circumstances of such appointment. (5) REMOVAL FOR VIOLATION. A violation of this section subjects the offender to removal by the Governor. 30.10 Place of office. The place of office of every sheriff shall be at the county seat of the county. State Statutes 427 30.12 Power to appoint sheriff.—If any sheriff in the state fails to attend, in person or by deputy, the circuit court or county court of the county, from sickness, death, or other cause, the judge attending the court may appoint an interim sheriff, who shall assume all the responsibilities, perform all the duties, and receive the same compensation as if he or she had been duly appointed sheriff for only the term of nonattendance and no longer. 30.15 Powers, duties, and obligations. (1) Sheriffs, in their respective counties, in person or by deputy, shall: (a) Execute all process of the Supreme Court, circuit courts, county courts, and boards of county commissioners of this state, to be executed in their counties. (b) Execute such other writs, processes, warrants, and other papers directed to them, as may come to their hands to be executed in their counties. (c) Attend all terms of the circuit court and county court held in their counties. (d) Execute all orders of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper. (e) Be conservators of the peace in their counties. (f) Suppress tumults, riots, and unlawful assemblies in their counties with force and strong hand when necessary. (g) Apprehend, without warrant, any person disturbing the peace, and carry that person before the proper judicial officer, that further proceedings may be had against him or her according to law. (h) Have authority to raise the power of the county and command any person to assist them, when necessary, in the execution of the duties of their office; and, whoever, not being physically incompetent, refuses or neglects to render such assistance, shall be punished by imprisonment in jail not exceeding 1 year, or by fine not exceeding $500. (i) Be, ex officio, timber agents for their counties. (j) Perform such other duties as may be imposed upon them by law. (2 ) Sheriffs, in their respective counties, in person or by deputy, shall, at the will of the board of county commissioners, attend, in person or by deputy, all meetings of the boards of county commissioners of their counties, for which services they shall receive such compensation, out of the county treasury, as said boards may deem proper. (3 ) On or before January 1, 2002, every sheriff shall incorporate an anti-racial or other anti-discriminatory profiling policy into the sheriff's policies and practices, utilizing the Florida Police Chiefs Association Model Policy as a guide. Anti-profiling policies shall include the elements of definitions, traffic stop procedures, community education and awareness efforts, and policies for the handling of complaints from the public. 30.29 Sheriffs may furnish vital war industries guard service against sabotage (1) The sheriffs of the respective counties of the state be and they are hereby authorized and empowered to furnish adequate guard service to vital war industries if requested to so do by such industries; provided, such industries reimburse said sheriffs the actual cost of such guard service; that the furnishing of guard service by said sheriffs to vital war industries is and shall be an official act of the various sheriffs and said guards shall be deemed to be in the employ of the various sheriffs as an instrumentality of the state. (2) Such guards shall be regular or special deputy sheriffs, residents of the state, citizens of the United States, and bonded, with no prior criminal record, and shall be always under the control of the respective sheriffs who employ said guards. All orders to said guards shall emanate from the respective sheriffs; provided, however, that industry shall have the right to supervise said guards and make recommendations in connection with the guarding of its property to said sheriffs. (3) The term "industry," as used in this section, shall be construed to include any person, firm, or corporation engaged, directly or indirectly, in the manufacture or furnishing of any materials, equipment, commodities, or services which contribute to the prosecution of the war effort. (4) The said guards employed by the various sheriffs hereunder shall be acceptable to the particular industry involved at all times and shall receive such pay as is agreeable to the sheriff, industry, and the guard to be employed. (5) All guards heretofore employed by sheriffs and used in connection with the guarding of industry, shall be deemed to have been employed according to the terms State Statutes 428 and conditions of this section and the employment by the various sheriffs in this connection is hereby ratified, confirmed, and held to be employment in their official capacities as an instrumentality of the state. (6) The powers given to the various sheriffs of the various counties of this state herein shall not be deemed to be limiting the powers of the sheriffs already existing but shall be deemed to be cumulative. 30.2905 Program to contract for employment of off-duty deputies for security services (1) A sheriff may operate or administer a program to contract for the employment of sheriff’s deputies, during off-duty hours, for public or private security services. (2) (a) Any such public or private employer of a deputy sheriff shall be responsible for the acts or omissions of the deputy sheriff while performing services for that employer while off duty, including workers’ compensation benefits. (b)However, for the workers’ compensation purposes of this section: 1. A deputy sheriff so employed who sustains an injury while enforcing the criminal, traffic, or penal laws of this state shall be regarded as working on duty. 2. The term “enforcing the criminal, traffic, or penal laws of this state” shall be interpreted to include, but is not limited to, providing security, patrol, or traffic direction for a private or public employer. 3. A sheriff may include the sheriff’s proportionate costs of workers’ compensation premiums for the off-duty deputy sheriffs providing such services. (3) Deputy sheriffs employed during off-duty hours pursuant to the provisions of this section are exempt from the licensure requirements of chapter 493 for persons who watch or guard, patrol services, or private investigators. 30.291 Closing of public facilities upon threat of violence (1) The sheriff of any county of the state is hereby authorized to temporarily close any public beach, park, or other public recreation facility within the sheriff's jurisdiction when in his or her discretion conditions exist which present a clear and present or probable threat of violence, danger, or disorder, or at any time a disorderly situation exists which in the sheriff's opinion warrants such action. (2) The power of the sheriff in exercising the authority conferred herein shall be full, complete and plenary. (3) Any public recreation facility closed pursuant to the provisions of this section shall be reopened by the sheriff when the conditions upon which such closing was predicated have abated. 30.46 Sheriffs; motor vehicles color combination; badges; simulation prohibited; penalties (1) The color combination of forest green and white is adopted as the official color for use on the motor vehicles and motorcycles used by the various sheriffs of Florida and their deputies. (2) For purposes of uniformity and in aid of the recognition of their official identity by the public, a badge in the shape of a five-pointed star with a replica of the great seal of Florida with the map of Florida superimposed thereon inscribed in the center is designated as the official badge to be worn by the sheriffs and deputy sheriffs of all counties of the state. (3) It shall be unlawful for any person other than the sheriffs of Florida and their deputies, to color or cause to be colored any motor vehicle or motorcycle the same or similar color combination prescribed herein; provided, however, that any municipal police department or other law enforcement agency or any private person or concern using the same or similar color combination as of the date of this act shall be permitted to continue to use such colors until such time as new colors are adopted by such agencies, or private person or concern. (4) It shall be unlawful for any person other than sheriffs and deputy sheriffs to wear an official sheriff's badge as prescribed herein, or to wear a badge or insignia of such similarity to the official sheriff's badge as to be indistinguishable therefrom at a distance of 20 feet; provided, nothing therein shall be construed to prevent members of any military, fraternal, or similar organization or any other law enforcement officer from wearing any insignia officially adopted or worn prior to the effective date of this section. (5) Violation of any of the provisions of this act shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 30.53 Independence of constitutional officials. The independence of the sheriffs State Statutes 429 shall be preserved concerning the purchase of supplies and equipment, selection of personnel, and the hiring, firing, and setting of salaries of such personnel; provided that nothing herein contained shall restrict the establishment or operation of any civil service system or civil service board created pursuant to s. 14, Art. III, of the Constitution of Florida, provided, further that nothing contained in ss. 30.48)30.53 shall be construed to alter, modify or change in any manner any civil service system or board, state or local, now in existence or hereafter established. 30.56 Release of traffic violator on recognizance or bond; penalty for failure to appear. In all cases of arrest for traffic violations, by a sheriff or a deputy sheriff, the person arrested may in the discretion of such officer be released upon his or her own recognizance or upon bond provided said officer shall obtain from such person arrested a recognizance or, if deemed necessary, a cash bond or other sufficient security conditioned for his or her appearance before the proper tribunal of such county to answer the charge for which he or she has been arrested. Any person who is so arrested and released on his or her own recognizance by an officer and given a written summons to appear before the proper tribunal of such county to answer the charge for which arrested and who shall fail to appear or respond to such summons shall, in addition to the traffic violation charge, be guilty of a noncriminal traffic infraction subject to the penalty provided in s. 318.18(2). 39.201 Mandatory reports of child abuse, abandonment, or neglect; mandatory reports of death; central abuse hotline. (1) (a) Any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, or that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (b) Any person who knows, or who has reasonable cause to suspect, that a child is abused by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (c) Any person who knows, or has reasonable cause to suspect, that a child is the victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual offender, as defined in this chapter, shall report such knowledge or suspicion to the department in the manner prescribed in subsection (2). (d) Reporters in the following occupation categories are required to provide their names to the hotline staff: 1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, or hospital personnel engaged in the admission, examination, care, or treatment of persons; 2. Health or mental health professional other than one listed in subparagraph 1.; 3. Practitioner who relies solely on spiritual means for healing; 4. School teacher or other school official or personnel; 5. Social worker, day care center worker, or other professional child care, foster care, residential, or institutional worker; 6. Law enforcement officer; or 7. Judge. The names of reporters shall be entered into the record of the report, but shall be held confidential and exempt as provided in s. 39.202. (e) A professional who is hired by or enters into a contract with the department for the purpose of treating or counseling any person, as a result of a report of child abuse, abandonment, or neglect, is not required to again report to the central abuse hotline the abuse, abandonment, or neglect that was the subject of the referral for treatment. (f) An officer or employee of the judicial branch is not required to again provide notice of reasonable cause to suspect child abuse, abandonment, or neglect when that child is currently being investigated by the department, there is an existing dependency case, or the matter has previously been reported to the department, provided there is reasonable cause to believe the information is already known to the department. This paragraph applies only when the information has been provided to the officer or employee in the course of carrying out his or her official duties. State Statutes 430 (g) Nothing in this chapter or in the contracting with community-based care providers for foster care and related services as specified in s. 409.987 shall be construed to remove or reduce the duty and responsibility of any person, including any employee of the community-based care provider, to report a suspected or actual case of child abuse, abandonment, or neglect or the sexual abuse of a child to the department’s central abuse hotline. (h) An officer or employee of a law enforcement agency is not required to provide notice to the department of reasonable cause to suspect child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare when the incident under investigation by the law enforcement agency was reported to law enforcement by the Central Abuse Hotline through the electronic transfer of the report or call. The department’s Central Abuse Hotline is not required to electronically transfer calls and reports received pursuant to paragraph (2)(b) to the county sheriff’s office if the matter was initially reported to the department by the county sheriff’s office or another law enforcement agency. This paragraph applies only when the information related to the alleged child abuse has been provided to the officer or employee of a law enforcement agency or Central Abuse Hotline employee in the course of carrying out his or her official duties. (2) (a) Each report of known or suspected child abuse, abandonment, or neglect by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare as defined in this chapter, except those solely under s. 827.04(3), and each report that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care shall be made immediately to the department’s central abuse hotline. Such reports may be made on the single statewide toll-free telephone number or via fax, web-based chat, or web-based report. Personnel at the department’s central abuse hotline shall determine if the report received meets the statutory definition of child abuse, abandonment, or neglect. Any report meeting one of these definitions shall be accepted for the protective investigation pursuant to part III of this chapter. Any call received from a parent or legal custodian seeking assistance for himself or herself which does not meet the criteria for being a report of child abuse, abandonment, or neglect may be accepted by the hotline for response to ameliorate a potential future risk of harm to a child. If it is determined by a child welfare professional that a need for community services exists, the department shall refer the parent or legal custodian for appropriate voluntary community services. (b) Each report of known or suspected child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare, as defined in this chapter, shall be made immediately to the department’s central abuse hotline. Such reports may be made on the single statewide toll-free telephone number or via fax, web-based chat, or web-based report. Such reports or calls shall be immediately electronically transferred to the appropriate county sheriff’s office by the central abuse hotline. (c) Reports involving juvenile sexual abuse or a child who has exhibited inappropriate sexual behavior shall be made and received by the department. An alleged incident of juvenile sexual abuse involving a child who is in the custody of or protective supervision of the department shall be reported to the department’s central abuse hotline. 1. The central abuse hotline shall immediately electronically transfer the report or call to the county sheriff’s office. The department shall conduct an assessment and assist the family in receiving appropriate services pursuant to s. 39.307, and send a written report of the allegation to the appropriate county sheriff’s office within 48 hours after the initial report is made to the central abuse hotline. 2. The department shall ensure that the facts and results of any investigation of child sexual abuse involving a child in the custody of or under the protective supervision of the department are made known to the court at the next hearing or included in the next report to the court concerning the child. (d) If the report is of an instance of known or suspected child abuse, abandonment, or neglect that occurred out of state and the alleged perpetrator and the child alleged to be a victim live out of state, the central abuse hotline shall not accept the report or call for investigation, but shall transfer the information on the report to the appropriate state. State Statutes 431 (e) If the report is of an instance of known or suspected child abuse involving impregnation of a child under 16 years of age by a person 21 years of age or older solely under s. 827.04(3), the report shall be made immediately to the appropriate county sheriff’s office or other appropriate law enforcement agency. If the report is of an instance of known or suspected child abuse solely under s. 827.04(3), the reporting provisions of this subsection do not apply to health care professionals or other persons who provide medical or counseling services to pregnant children when such reporting would interfere with the provision of medical services. (f) Reports involving known or suspected institutional child abuse or neglect shall be made and received in the same manner as all other reports made pursuant to this section. (g) Reports involving surrendered newborn infants as described in s. 383.50 shall be made and received by the department. 1. If the report is of a surrendered newborn infant as described in s. 383.50 and there is no indication of abuse, neglect, or abandonment other than that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the department shall provide to the caller the name of a licensed child-placing agency on a rotating basis from a list of licensed child-placing agencies eligible and required to accept physical custody of and to place newborn infants left at a hospital, emergency medical services station, or fire station. The report shall not be considered a report of abuse, neglect, or abandonment solely because the infant has been left at a hospital, emergency medical services station, or fire station pursuant to s. 383.50. 2. If the call, fax, web-based chat, or web-based report includes indications of abuse or neglect beyond that necessarily entailed in the infant having been left at a hospital, emergency medical services station, or fire station, the report shall be considered as a report of abuse, neglect, or abandonment and shall be subject to the requirements of s. 39.395 and all other relevant provisions of this chapter, notwithstanding any provisions of chapter 383. (h) Hotline counselors shall receive periodic training in encouraging reporters to provide their names when reporting abuse, abandonment, or neglect. Callers shall be advised of the confidentiality provisions of s. 39.202. The department shall secure and install electronic equipment that automatically provides to the hotline the number from which the call or fax is placed or the Internet protocol (IP) address from which the report is received. This number shall be entered into the report of abuse, abandonment, or neglect and become a part of the record of the report, but shall enjoy the same confidentiality as provided to the identity of the reporter pursuant to s. 39.202. (i) The department shall voice-record all incoming or outgoing calls that are received or placed by the central abuse hotline which relate to suspected or known child abuse, neglect, or abandonment. The department shall maintain an electronic copy of each fax and web-based report. The recording or electronic copy of each fax and web-based report shall become a part of the record of the report but, notwithstanding s. 39.202, shall be released in full only to law enforcement agencies and state attorneys for the purpose of investigating and prosecuting criminal charges pursuant to s. 39.205, or to employees of the department for the purpose of investigating and seeking administrative penalties pursuant to s. 39.206. Nothing in this paragraph shall prohibit the use of the recordings, the electronic copies of faxes, and web-based reports by hotline staff for quality assurance and training. (j 1. The department shall update the web form used for reporting child abuse, abandonment, or neglect to: a. Include qualifying questions in order to obtain necessary information required to assess need and a response. b. Indicate which fields are required to submit the report. c. Allow a reporter to save his or her report and return to it at a later time. 2. The report shall be made available to the counselors in its entirety as needed to update the Florida Safe Families Network or other similar systems. (k) The department shall conduct a study to determine the feasibility of using text and short message service formats to receive and process reports of child abuse, abandonment, or neglect to the central abuse hotline. (3) Any person required to report or investigate cases of suspected child abuse, State Statutes 432 abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report his or her findings, in writing, to the local law enforcement agency, the appropriate state attorney, and the department. Autopsy reports maintained by the medical examiner are not subject to the confidentiality requirements provided for in s. 39.202. (4) The department shall operate and maintain a central abuse hotline to receive all reports made pursuant to this section in writing, via fax, via web-based reporting, via web-based chat, or through a single statewide toll-free telephone number, which any person may use to report known or suspected child abuse, abandonment, or neglect at any hour of the day or night, any day of the week. The department shall promote public awareness of the central abuse hotline through community-based partner organizations and public service campaigns. The central abuse hotline is the first step in the safety assessment and investigation process. The central abuse hotline shall be operated in such a manner as to enable the department to: (a) Immediately identify and locate prior reports or cases of child abuse, abandonment, or neglect through utilization of the department’s automated tracking system. (b) Monitor and evaluate the effectiveness of the department’s program for reporting and investigating suspected abuse, abandonment, or neglect of children through the development and analysis of statistical and other information. (c) Track critical steps in the investigative process to ensure compliance with all requirements for any report of abuse, abandonment, or neglect. (d) Maintain and produce aggregate statistical reports monitoring patterns of child abuse, child abandonment, and child neglect. The department shall collect and analyze child-on-child sexual abuse reports and include the information in aggregate statistical reports. The department shall collect and analyze, in separate statistical reports, those reports of child abuse and sexual abuse which are reported from or occurred on the campus of any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02. (e) Serve as a resource for the evaluation, management, and planning of preventive and remedial services for children who have been subject to abuse, abandonment, or neglect. (f) Initiate and enter into agreements with other states for the purpose of gathering and sharing information contained in reports on child maltreatment to further enhance programs for the protection of children. (5) The department shall be capable of receiving and investigating, 24 hours a day, 7 days a week, reports of known or suspected child abuse, abandonment, or neglect and reports that a child is in need of supervision and care and has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care. If it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child will be unavailable for purposes of conducting a child protective investigation, or that the facts otherwise so warrant, the department shall commence an investigation immediately, regardless of the time of day or night. In all other child abuse, abandonment, or neglect cases, a child protective investigation shall be commenced within 24 hours after receipt of the report. In an institutional investigation, the alleged perpetrator may be represented by an attorney, at his or her own expense, or accompanied by another person, if the person or the attorney executes an affidavit of understanding with the department and agrees to comply with the confidentiality provisions of s. 39.202. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons. In institutional child abuse cases when the institution is not operating and the child cannot otherwise be located, the investigation shall commence immediately upon the resumption of operation. If requested by a state attorney or local law enforcement agency, the department shall furnish all investigative reports to that agency. (6) Information in the central abuse hotline may not be used for employment screening, except as provided in s. 39.202(2)(a) a n d (h) or s. 402.302(15). Information in the central abuse hotline and the department’s automated abuse information system may be used by the department, its authorized State Statutes 433 agents or contract providers, the Department of Health, or county agencies as part of the licensure or registration process pursuant to ss. 402.301-402.319 and ss. 409.175-409.176. Pursuant to s. 39.202(2)(q), the information in the central abuse hotline may also be used by the Department of Education for purposes of educator certification discipline and review. (7) On an ongoing basis, the department’s quality assurance program shall review calls, fax reports, and web-based reports to the hotline involving three or more unaccepted reports on a single child, where jurisdiction applies, in order to detect such things as harassment and situations that warrant an investigation because of the frequency or variety of the source of the reports. A component of the quality assurance program shall analyze unaccepted reports to the hotline by identified relatives as a part of the review of screened out calls. The Program Director for Family Safety may refer a case for investigation when it is determined, as a result of this review, that an investigation may be warranted. 39.2015Critical incident rapid response team. (1) As part of the department’s quality assurance program, the department shall provide an immediate multiagency investigation of certain child deaths or other serious incidents. The purpose of such investigation is to identify root causes and rapidly determine the need to change policies and practices related to child protection and child welfare. (2) An immediate onsite investigation conducted by a critical incident rapid response team is required for all child deaths reported to the department if the child or another child in his or her family was the subject of a verified report of suspected abuse or neglect during the previous 12 months. The secretary may direct an immediate investigation for other cases involving death or serious injury to a child, including, but not limited to, a death or serious injury occurring during an open investigation. (3) Each investigation shall be conducted by a multiagency team of at least five professionals with expertise in child protection, child welfare, and organizational management. The team may consist of employees of the department, community-based care lead agencies, Children’s Medical Services, and community-based care provider organizations; faculty from the institute consisting of public and private universities offering degrees in social work established pursuant to s. 1004.615; or any other person with the required expertise. The team shall include, at a minimum, a child protection team medical director. The majority of the team must reside in judicial circuits outside the location of the incident. The secretary shall appoint a team leader for each group assigned to an investigation. (4) An investigation shall be initiated as soon as possible, but not later than 2 business days after the case is reported to the department. A preliminary report on each case shall be provided to the secretary no later than 30 days after the investigation begins. (5) Each member of the team is authorized to access all information in the case file. (6) All employees of the department or other state agencies and all personnel from community-based care lead agencies and community-based care lead agency subcontractors must cooperate with the investigation by participating in interviews and timely responding to any requests for information. The members of the team may only access the records and information of contracted provider organizations which are available to the department by law. (7) The secretary shall develop cooperative agreements with other entities and organizations as necessary to facilitate the work of the team. (8) The members of the team may be reimbursed by the department for per diem, mileage, and other reasonable expenses as provided in s. 112.061. The department may also reimburse the team member’s employer for the associated salary and benefits during the time the team member is fulfilling the duties required under this section. (9) Upon completion of the investigation, the department shall make the team’s final report, excluding any confidential information, available on its website. (10) The secretary, in conjunction with the institute established pursuant to s. 1004.615, shall develop guidelines for investigations conducted by critical incident rapid response teams and provide training to team members. Such guidelines must direct the teams in the conduct of a root-cause analysis that identifies, classifies, and attributes responsibility for both direct State Statutes 434 and latent causes for the death or other incident, including organizational factors, preconditions, and specific acts or omissions resulting from either error or a violation of procedures. The department shall ensure that each team member receives training on the guidelines before conducting an investigation. (11) The secretary shall appoint an advisory committee made up of experts in child protection and child welfare, including the Statewide Medical Director for Child Protection under the Department of Health, a representative from the institute established pursuant to s. 1004.615, an expert in organizational management, and an attorney with experience in child welfare, to conduct an independent review of investigative reports from the critical incident rapid response teams and to make recommendations to improve policies and practices related to child protection and child welfare services. The advisory committee shall meet at least once each quarter and shall submit quarterly reports to the secretary which include findings and recommendations. The secretary shall submit each report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. 39.202 Confidentiality of reports and records in cases of child abuse or neglect. (1) In order to protect the rights of the child and the child’s parents or other persons responsible for the child’s welfare, all records held by the department concerning reports of child abandonment, abuse, or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07(1) and shall not be disclosed except as specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to information in the possession of those entities granted access as set forth in this section. (2) Except as provided in subsection (4), access to such records, excluding the name of the reporter which shall be released only as provided in subsection (5), shall be granted only to the following persons, officials, and agencies: (a) Employees, authorized agents, or contract providers of the department, the Department of Health, the Agency for Persons with Disabilities, the Office of Early Learning, or county agencies responsible for carrying out: 1. Child or adult protective investigations; 2. Ongoing child or adult protective services; 3. Early intervention and prevention services; 4. Healthy Start services; 5. Licensure or approval of adoptive homes, foster homes, child care facilities, facilities licensed under chapter 393, family day care homes, providers who receive school readiness funding under part VI of chapter 1002, or other homes used to provide for the care and welfare of children; 6. Employment screening for caregivers in residential group homes; or 7. Services for victims of domestic violence when provided by certified domestic violence centers working at the department’s request as case consultants or with shared clients. Also, employees or agents of the Department of Juvenile Justice responsible for the provision of services to children, pursuant to chapters 984 and 985. (b) Criminal justice agencies of appropriate jurisdiction. (c) The state attorney of the judicial circuit in which the child resides or in which the alleged abuse or neglect occurred. (d) The parent or legal custodian of any child who is alleged to have been abused, abandoned, or neglected, and the child, and their attorneys, including any attorney representing a child in civil or criminal proceedings. This access shall be made available no later than 60 days after the department receives the initial report of abuse, neglect, or abandonment. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph. (e) Any person alleged in the report as having caused the abuse, abandonment, or neglect of a child. This access shall be made available no later than 60 days after the department receives the initial report of abuse, abandonment, or neglect and, when the alleged perpetrator is not a parent, shall be limited to information involving the protective investigation only and shall not include any information relating to subsequent dependency proceedings. However, any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph. (f) A court upon its finding that access to State Statutes 435 such records may be necessary for the determination of an issue before the court; however, such access shall be limited to inspection in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it. (g) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business. (h) Any appropriate official of the department or the Agency for Persons with Disabilities who is responsible for: 1. Administration or supervision of the department’s program for the prevention, investigation, or treatment of child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult, when carrying out his or her official function; 2. Taking appropriate administrative action concerning an employee of the department or the agency who is alleged to have perpetrated child abuse, abandonment, or neglect, or abuse, neglect, or exploitation of a vulnerable adult; or 3. Employing and continuing employment of personnel of the department or the agency. (i) Any person authorized by the department who is engaged in the use of such records or information for bona fide research, statistical, or audit purposes. Such individual or entity shall enter into a privacy and security agreement with the department and shall comply with all laws and rules governing the use of such records and information for research and statistical purposes. Information identifying the subjects of such records or information shall be treated as confidential by the researcher and shall not be released in any form. (j) The Division of Administrative Hearings for purposes of any administrative challenge. (k) Any appropriate official of a Florida advocacy council investigating a report of known or suspected child abuse, abandonment, or neglect; the Auditor General or the Office of Program Policy Analysis and Government Accountability for the purpose of conducting audits or examinations pursuant to law; or the guardian ad litem for the child. (l) Employees or agents of an agency of another state that has comparable jurisdiction to the jurisdiction described in paragraph (a). (m)The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be released only after deletion of all information which specifically identifies persons other than the employee. (n) Employees or agents of the Department of Revenue responsible for child support enforcement activities. (o) Any person in the event of the death of a child determined to be a result of abuse, abandonment, or neglect. Information identifying the person reporting abuse, abandonment, or neglect shall not be released. Any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph. (p) An employee of the local school district who is designated as a liaison between the school district and the department pursuant to an interagency agreement required under s. 39.0016 and the principal of a public school, private school, or charter school where the child is a student. Information contained in the records which the liaison or the principal determines are necessary for a school employee to effectively provide a student with educational services may be released to that employee. (q) An employee or agent of the Department of Education who is responsible for the investigation or prosecution of misconduct by a certified educator. (r) The executive director or equivalent, and his or her designee, of a children’s advocacy center that is established and operated under s. 39.3035. (s) A physician licensed under chapter 458 or chapter 459, a psychologist licensed under chapter 490, or a mental health professional licensed under chapter 491 engaged in the care or treatment of the child. (t) Persons with whom the department is seeking to place the child or to whom placement has been granted, including foster parents for whom an approved home study has been conducted, the designee of a licensed residential group home described in s. 39.523, an approved relative or nonrelative with whom a child is placed pursuant to s. 39.402, preadoptive parents for whom a favorable preliminary adoptive home study has been conducted, adoptive parents, or an adoption entity acting on State Statutes 436 behalf of preadoptive or adoptive parents. (3) The department may release to professional persons such information as is necessary for the diagnosis and treatment of the child or the person perpetrating the abuse or neglect. (4) Notwithstanding any other provision of law, when a child under investigation or supervision of the department or its contracted service providers is determined to be missing, the following shall apply: (a) The department may release the following information to the public when it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child: 1. The name of the child and the child’s date of birth; 2. A physical description of the child, including at a minimum the height, weight, hair color, eye color, gender, and any identifying physical characteristics of the child; and 3. A photograph of the child. (b) With the concurrence of the law enforcement agency primarily responsible for investigating the incident, the department may release any additional information it believes likely to assist efforts in locating the child or to promote the safety or well-being of the child. (c) The law enforcement agency primarily responsible for investigating the incident may release any information received from the department regarding the investigation, if it believes the release of the information is likely to assist efforts in locating the child or to promote the safety or well-being of the child. The good faith publication or release of this information by the department, a law enforcement agency, or any recipient of the information as specifically authorized by this subsection shall not subject the person, agency or entity releasing the information to any civil or criminal penalty. This subsection does not authorize the release of the name of the reporter, which may be released only as provided in subsection (5). (5) The name of any person reporting child abuse, abandonment, or neglect may not be released to any person other than employees of the department responsible for child protective services, the central abuse hotline, law enforcement, the child protection team, or the appropriate state attorney, without the written consent of the person reporting. This does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or neglect when deemed necessary by the court, the state attorney, or the department, provided the fact that such person made the report is not disclosed. Any person who reports a case of child abuse or neglect may, at the time he or she makes the report, request that the department notify him or her that a child protective investigation occurred as a result of the report. Any person specifically listed in s. 39.201(1) who makes a report in his or her official capacity may also request a written summary of the outcome of the investigation. The department shall mail such a notice to the reporter within 10 days after completing the child protective investigation. (6) All records and reports of the child protection team of the Department of Health are confidential and exempt from the provisions of ss. 119.07(1) and 456.057, and shall not be disclosed, except, upon request, to the state attorney, law enforcement, the department, and necessary professionals, in furtherance of the treatment or additional evaluative needs of the child, by order of the court, or to health plan payors, limited to that information used for insurance reimbursement purposes. (7) The department shall make and keep reports and records of all cases under this chapter and shall preserve the records pertaining to a child and family until the child who is the subject of the record is 30 years of age, and may then destroy the records. (a) Within 90 days after the child leaves the department’s custody, the department shall give a notice to the person having legal custody of the child, or to the young adult who was in the department’s custody, which specifies how the records may be obtained. (b) The department may adopt rules regarding the format, storage, retrieval, and release of such records. (8) A person who knowingly or willfully makes public or discloses to any unauthorized person any confidential information contained in the central abuse hotline is subject to the penalty provisions of s. 39.205. This notice shall be prominently displayed on the first sheet of any documents released pursuant to this section. 39.2021 Release of confidential information. (1) Any person or organization, including the State Statutes 437 Department of Children and Families, may petition the court for an order making public the records of the Department of Children and Families which pertain to investigations of alleged abuse, abandonment, or neglect of a child. The court shall determine whether good cause exists for public access to the records sought or a portion thereof. In making this determination, the court shall balance the best interests of the child who is the focus of the investigation and the interest of that child’s siblings, together with the privacy rights of other persons identified in the reports, against the public interest. The public interest in access to such records is reflected in s. 119.01(1), and includes the need for citizens to know of and adequately evaluate the actions of the Department of Children and Families and the court system in providing children of this state with the protections enumerated in s. 39.001. However, this subsection does not contravene s. 39.202, which protects the name of any person reporting the abuse, abandonment, or neglect of a child. (2) In cases involving serious bodily injury to a child, the Department of Children and Families may petition the court for an order for the immediate public release of records of the department which pertain to the protective investigation. The petition must be personally served upon the child, the child’s parent or guardian, and any person named as an alleged perpetrator in the report of abuse, abandonment, or neglect. The court must determine whether good cause exists for the public release of the records sought no later than 24 hours, excluding Saturdays, Sundays, and legal holidays, after the date the department filed the petition with the court. If the court does not grant or deny the petition within the 24-hour time period, the department may release to the public summary information including: (a) A confirmation that an investigation has been conducted concerning the alleged victim. (b) The dates and brief description of procedural activities undertaken during the department’s investigation. (c) The date of each judicial proceeding, a summary of each participant’s recommendations made at the judicial proceeding, and the ruling of the court. The summary information shall not include the name of, or other identifying information with respect to, any person identified in any investigation. In making a determination to release confidential information, the court shall balance the best interests of the child who is the focus of the investigation and the interests of that child’s siblings, together with the privacy rights of other persons identified in the reports against the public interest for access to public records. However, this subsection does not contravene s. 39.202, which protects the name of any person reporting abuse, abandonment, or neglect of a child. (3) When the court determines that good cause for public access exists, the court shall direct that the department redact the name of, and other identifying information with respect to, any person identified in any protective investigation report until such time as the court finds that there is probable cause to believe that the person identified committed an act of alleged abuse, abandonment, or neglect. 39.203 Immunity from liability in cases of child abuse, abandonment, or neglect. (1)(a) Any person, official, or institution participating in good faith in any act authorized or required by this chapter, or reporting in good faith any instance of child abuse, abandonment, or neglect to the department or any law enforcement agency, shall be immune from any civil or criminal liability which might otherwise result by reason of such action. (b) Except as provided in this chapter, nothing contained in this section shall be deemed to grant immunity, civil or criminal, to any person suspected of having abused, abandoned, or neglected a child, or committed any illegal act upon or against a child. (2)(a) No resident or employee of a facility serving children may be subjected to reprisal or discharge because of his or her actions in reporting abuse, abandonment, or neglect pursuant to the requirements of this section. (b) Any person making a report under this section shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of such reporting party by reason of his or her making such report. Any detrimental change made in the residency or employment status of such person, including, but not limited to, discharge, termination, demotion, transfer, or reduction in pay or benefits or work privileges, or negative evaluations within a prescribed State Statutes 438 period of time shall establish a rebuttable presumption that such action was retaliatory. 39.205 Penalties relating to reporting of child abuse, abandonment, or neglect. (1) A person who is required to report known or suspected child abuse, abandonment, or neglect and who knowingly and willfully fails to do so, or who knowingly and willfully prevents another person from doing so, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A judge subject to discipline pursuant to s. 12, Art. V of the Florida Constitution shall not be subject to criminal prosecution when the information was received in the course of official duties. (2) Unless the court finds that the person is a victim of domestic violence or that other mitigating circumstances exist, a person who is 18 years of age or older and lives in the same house or living unit as a child who is known or suspected to be a victim of child abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to report the child abuse commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, whose administrators knowingly and willfully, upon receiving information from faculty, staff, or other institution employees, fail to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, or who knowingly and willfully prevent another person from doing so, shall be subject to fines of $1 million for each such failure. (a) A Florida College System institution subject to a fine shall be assessed by the State Board of Education. (b) A state university subject to a fine shall be assessed by the Board of Governors. (c) A nonpublic college, university, or school subject to a fine shall be assessed by the Commission for Independent Education. (4) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, whose law enforcement agency fails to report known or suspected child abuse, abandonment, or neglect committed on the property of the university, college, or school, or during an event or function sponsored by the university, college, or school, shall be subject to fines of $1 million for each such failure assessed in the same manner as subsection (3). (5) Any Florida College System institution, state university, or nonpublic college, university, or school, as defined in s. 1000.21 or s. 1005.02, shall have the right to challenge the determination that the institution acted knowingly and willfully under subsection (3) or subsection (4) in an administrative hearing pursuant to s. 120.57; however, if it is found that actual knowledge and information of known or suspected child abuse was in fact received by the institution’s administrators and was not reported, a presumption of a knowing and willful act will be established. (6) A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline or in the records of any child abuse, abandonment, or neglect case, except as provided in this chapter, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (7) The department shall establish procedures for determining whether a false report of child abuse, abandonment, or neglect has been made and for submitting all identifying information relating to such a report to the appropriate law enforcement agency and shall report annually to the Legislature the number of reports referred. (8) If the department or its authorized agent has determined during the course of its investigation that a report is a false report, the department may discontinue all investigative activities and shall, with the consent of the alleged perpetrator, refer the report to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 39.01. During the pendency of the investigation, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning children in that same family in accordance with s. 39.301. If the law enforcement agency believes that there are indicators of abuse, abandonment, or neglect, it must State Statutes 439 immediately notify the department, which must ensure the safety of the children. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution. (9) A person who knowingly and willfully makes a false report of child abuse, abandonment, or neglect, or who advises another to make a false report, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Anyone making a report who is acting in good faith is immune from any liability under this subsection. (10) The State Board of Education shall adopt rules to implement this section as it relates to Florida College System institutions; the Commission for Independent Education shall adopt rules to implement this section as it relates to nonpublic colleges, universities, and schools; and the Board of Governors shall adopt regulations to implement this section as it relates to state universities. 39.304 Photographs, medical examinations, X rays, and medical treatment of abused, abandoned, or neglected child. (1)(a) Any person required to investigate cases of suspected child abuse, abandonment, or neglect may take or cause to be taken photographs of the areas of trauma visible on a child who is the subject of a report. Any child protection team that examines a child who is the subject of a report must take, or cause to be taken, photographs of any areas of trauma visible on the child. Photographs of physical abuse injuries, or duplicates thereof, shall be provided to the department for inclusion in the investigative file and shall become part of that file. Photographs of sexual abuse trauma shall be made part of the child protection team medical record. (b) If the areas of trauma visible on a child indicate a need for a medical examination, or if the child verbally complains or otherwise exhibits distress as a result of injury through suspected child abuse, abandonment, or neglect, or is alleged to have been sexually abused, the person required to investigate may cause the child to be referred for diagnosis to a licensed physician or an emergency department in a hospital without the consent of the child's parents or legal custodian. Such examination may be performed by any licensed physician or an advanced registered nurse practitioner licensed pursuant to part I of chapter 464. Any licensed physician, or advanced registered nurse practitioner licensed pursuant to part I of chapter 464, who has reasonable cause to suspect that an injury was the result of child abuse, abandonment, or neglect may authorize a radiological examination to be performed on the child without the consent of the child's parent or legal custodian. (2) Consent for any medical treatment shall be obtained in the following manner. (a)1.Consent to medical treatment shall be obtained from a parent or legal custodian of the child; or 2. A court order for such treatment shall be obtained. (b) If a parent or legal custodian of the child is unavailable and his or her whereabouts cannot be reasonably ascertained, and it is after normal working hours so that a court order cannot reasonably be obtained, an authorized agent of the department shall have the authority to consent to necessary medical treatment for the child. The authority of the department to consent to medical treatment in this circumstance shall be limited to the time reasonably necessary to obtain court authorization. (c) If a parent or legal custodian of the child is available but refuses to consent to the necessary treatment, a court order shall be required unless the situation meets the definition of an emergency in s. 743.064 or the treatment needed is related to suspected abuse, abandonment, or neglect of the child by a parent or legal custodian. In such case, the department shall have the authority to consent to necessary medical treatment. This authority is limited to the time reasonably necessary to obtain court authorization. In no case shall the department consent to sterilization, abortion, or termination of life support. (3) Any facility licensed under chapter 395 shall provide to the department, its agent, or a child protection team that contracts with the department any photograph or report on examinations made or X rays taken pursuant to this section, or copies thereof, for the purpose of investigation or assessment of cases of abuse, abandonment, neglect, or exploitation of children. (4) Any photograph or report on examinations made or X rays taken State Statutes 440 pursuant to this section, or copies thereof, shall be sent to the department as soon as possible and shall be preserved in permanent form in records held by the department. (5) The county in which the child is a resident shall bear the initial costs of the examination of the allegedly abused, abandoned, or neglected child; however, the parents or legal custodian of the child shall be required to reimburse the county for the costs of such examination, other than an initial forensic physical examination as provided in s. 960.28, and to reimburse the department for the cost of the photographs taken pursuant to this section. A medical provider may not bill a child victim, directly or indirectly, for the cost of an initial forensic physical examination. 39.401 Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department. (1) A child may only be taken into custody: (a) Pursuant to the provisions of this part, based upon sworn testimony, either before or after a petition is filed; or (b) By a law enforcement officer, or an authorized agent of the department, if the officer or authorized agent has probable cause to support a finding: 1. That the child has been abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of abuse, neglect, or abandonment; 2. That the parent or legal custodian of the child has materially violated a condition of placement imposed by the court; or 3. That the child has no parent, legal custodian, or responsible adult relative immediately known and available to provide supervision and care. (2) If the law enforcement officer takes the child into custody, that officer shall: (a) Release the child to: 1. The parent or legal custodian of the child; 2. A responsible adult approved by the court when limited to temporary emergency situations; 3. A responsible adult relative or the adoptive parent of the child’s sibling who shall be given priority consideration over a nonrelative placement when this is in the best interests of the child; or 4. A responsible adult approved by the department; or (b) Deliver the child to an authorized agent of the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is abandoned, abused, or neglected, or otherwise dependent. For such a child for whom there is also probable cause to believe he or she has been sexually exploited, the law enforcement officer shall deliver the child to the department. For cases involving allegations of abandonment, abuse, or neglect, or other dependency cases, within 3 days after such release or within 3 days after delivering the child to an authorized agent of the department, the law enforcement officer who took the child into custody shall make a full written report to the department. (3) If the child is taken into custody by, or is delivered to, an authorized agent of the department, the agent shall review the facts supporting the removal with an attorney representing the department. The purpose of the review is to determine whether there is probable cause for the filing of a shelter petition. (a) If the facts are not sufficient, the child shall immediately be returned to the custody of the parent or legal custodian. (b) If the facts are sufficient and the child has not been returned to the custody of the parent or legal custodian, the department shall file the petition and schedule a hearing, and the attorney representing the department shall request that a shelter hearing be held within 24 hours after the removal of the child. While awaiting the shelter hearing, the authorized agent of the department may place the child in licensed shelter care or may release the child to a parent or legal custodian or responsible adult relative or the adoptive parent of the child’s sibling who shall be given priority consideration over a licensed placement, or a responsible adult approved by the department if this is in the best interests of the child. Placement of a child which is not in a licensed shelter must be preceded by a criminal history records check as required under s. 39.0138. In addition, the department may authorize placement of a housekeeper/homemaker in the home of a child alleged to be dependent until the parent or legal custodian assumes care of the child. (4) When a child is taken into custody pursuant to this section, the department shall request that the child’s parent, State Statutes 441 caregiver, or legal custodian disclose the names, relationships, and addresses of all parents and prospective parents and all next of kin of the child, so far as are known. (5) Judicial review and approval is required within 24 hours after placement for all nonrelative placements. A nonrelative placement must be for a specific and predetermined period of time, not to exceed 12 months, and shall be reviewed by the court at least every 6 months. If the nonrelative placement continues for longer than 12 months, the department shall request the court to establish permanent guardianship or require that the nonrelative seek licensure as a foster care provider within 30 days after the court decision. Failure to establish permanent guardianship or obtain licensure does not require the court to change a child’s placement unless it is in the best interest of the child to do so. 39.906 Referral to centers and notice of rights. Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available in accordance with the provisions of s. 741.29. 68.065 Actions to collect worthless payment instruments; attorney fees and collection costs. (1) As used in this section, the term “payment instrument” or “instrument” means a check, draft, order of payment, debit card order, or electronic funds transfer. (2) In lieu of a service charge authorized under subsection (3), s. 832.062(4)(a), or s. 832.07, the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, may lawfully collect bank fees actually incurred by the payee in the course of tendering the payment, plus a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. The right to damages under this subsection may be claimed without the filing of a civil action. (3) (a) In any civil action brought for the purpose of collecting a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, and where the maker or drawer fails to pay the amount owing, in cash, to the payee within 30 days after a written demand therefor, as provided in subsection (4), the maker or drawer is liable to the payee, in addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. However, in no case shall the liability for damages be less than $50. The maker or drawer is also liable for any court costs and reasonable attorney fees incurred by the payee in taking the action. Criminal sanctions, as provided in s. 832.07, may be applicable. (b) The payee may also charge the maker or drawer of the payment instrument a service charge not to exceed the service fees authorized under s. 832.08(5) or 5 percent of the face amount of the instrument, whichever is greater, when making written demand for payment. In the event that a judgment or decree is rendered, interest at the rate and in the manner described in s. 55.03 may be added toward the total amount due. Any bank fees incurred by the payee may be charged to the maker or drawer of the payment instrument. (4) Before recovery under subsection (3) may be claimed, a written demand must be delivered by certified or registered mail, evidenced by return receipt, or by first-class mail, evidenced by an affidavit of service of mail, to the maker or drawer of the payment instrument to the address on the instrument, to the address given by the drawer at the time the instrument was issued, or to the drawer’s last known address. The form of such notice shall be substantially as follows: “You are hereby notified that a check, draft, order of payment, debit card order, or electronic funds transfer numbered in the face amount of $ issued by you on (date) , drawn upon (name of bank) , and payable to , has been dishonored. Pursuant to Florida law, you have 30 days from receipt of this notice to tender payment in cash of the full amount of the dishonored payment instrument, plus a service charge of $25 if the face value does not exceed $50, $30 if the face value exceeds $50 but does not exceed $300, $40 if the face value State Statutes 442 exceeds $300, or 5 percent of the face amount of the dishonored instrument, whichever is greater, the total amount due being $ and cents. Unless this amount is paid in full within the 30-day period, the holder of the dishonored payment instrument may file a civil action against you for three times the amount of the dishonored instrument, but in no case less than $50, in addition to the payment of the dishonored instrument plus any court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.” (5) A subsequent person receiving a payment instrument from the original payee or a successor endorsee has the same rights that the original payee has against the maker of the instrument, if such subsequent person gives notice in a substantially similar form to that provided in subsection (4). A subsequent person providing such notice is immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against the subsequent person as against the original payee. However, the remedies available under this section may be exercised only by one party in interest. (6) After commencement of the action but before the hearing, the maker or drawer may tender to the payee, as satisfaction of the claim, an amount of money equal to the sum of the payment instrument, the service charge, court costs, and incurred bank fees. Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim. (7) If the court or jury determines that the failure of the maker or drawer to satisfy the dishonored payment instrument was due to economic hardship, the court or jury has the discretion to waive all or part of the statutory damages. 82.045 Remedy for unlawful detention by a transient occupant of residential property. (1) As used in this section, the term “transient occupant” means a person whose residency in a dwelling intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. (a) Factors that establish that a person is a transient occupant include, but are not limited to: 1. The person does not have an ownership interest, financial interest, or leasehold interest in the property entitling him or her to occupancy of the property. 2. The person does not have any property utility subscriptions. 3. The person does not use the property address as an address of record with any governmental agency, including, but not limited to, the Department of Highway Safety and Motor Vehicles or the supervisor of elections. 4. The person does not receive mail at the property. 5. The person pays minimal or no rent for his or her stay at the property. 6. The person does not have a designated space of his or her own, such as a room, at the property. 7. The person has minimal, if any, personal belongings at the property. 8. The person has an apparent permanent residence elsewhere. (b) Minor contributions made for the purchase of household goods, or minor contributions towards other household expenses, do not establish residency. (2) A transient occupant unlawfully detains a residential property if the transient occupant remains in occupancy of the residential property after the party entitled to possession of the property has directed the transient occupant to leave. (3) Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlawfully detaining residential property, direct a transient occupant to surrender possession of residential property. The sworn affidavit must set forth the facts, including the applicable factors listed in paragraph (1)(a), which establish that a transient occupant is unlawfully detaining residential property. (a) A person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates s. 810.08. In any prosecution of a violation of s. 810.08 related to this section, whether the defendant was properly classified as a transient occupant is not an element of the offense, the state is not required to prove that the defendant was in fact a transient occupant, and the defendant’s status as a permanent resident is not an affirmative defense. (b) A person wrongfully removed pursuant to this subsection has a cause of action for wrongful removal against the person who State Statutes 443 requested the removal, and may recover injunctive relief and compensatory damages. However, a wrongfully removed person does not have a cause of action against the law enforcement officer or the agency employing the law enforcement officer absent a showing of bad faith by the law enforcement officer. (4) A party entitled to possession of a dwelling has a cause of action for unlawful detainer against a transient occupant pursuant to s. 82.04. The party entitled to possession is not required to notify the transient occupant before filing the action. If the court finds that the defendant is not a transient occupant but is instead a tenant of residential property governed by part II of chapter 83, the court may not dismiss the action without first allowing the plaintiff to give the transient occupant the notice required by that part and to thereafter amend the complaint to pursue eviction under that part. 83.51 Landlord's obligation to maintain premises. (1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement. The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. (2) (a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph. 2. Locks and keys. 3. The clean and safe condition of common areas. 4. Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during winter, running water, and hot water. (b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards. (c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59. (d) This subsection shall not apply to a mobile home owned by a tenant. (e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities. (3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1). (4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent. 83.52 Tenant's obligation to maintain dwelling unit. The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes. (2) Keep that part of the premises which he or she occupies and uses clean and State Statutes 444 sanitary. (3) Remove from the tenant's dwelling unit all garbage in a clean and sanitary manner. (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair. (5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators. (6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so. (7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. 83.53 Landlord's access to dwelling unit. (1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors. (2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances: (a) With the consent of the tenant; (b) In case of emergency; (c) When the tenant unreasonably withholds consent; or (d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. (3) The landlord shall not abuse the right of access nor use it to harass the tenant. 83.535 Flotation bedding system; restrictions on use. No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit, provided the flotation bedding system does not violate applicable building codes. The tenant shall be required to carry in the tenant's name flotation insurance as is standard in the industry in an amount deemed reasonable to protect the tenant and owner against personal injury and property damage to the dwelling units. In any case, the policy shall carry a loss payable clause to the owner of the building. 83.54 Enforcement of rights and duties; civil action; criminal offenses. Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property. 83.55 Right of action for damages. If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance. 83.67 Prohibited practices. (1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord. (2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device. (3) A landlord of any dwelling unit governed by this part shall not discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement. (4) A landlord shall not prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag, not larger than 4 and 1/2 feet by 6 feet, in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement State Statutes 445 dealing with flags or decorations. The United States flag shall be displayed in accordance with s. 83.52(6). The landlord is not liable for damages caused by a United States flag displayed by a tenant. Any United States flag may not infringe upon the space rented by any other tenant. (5) A landlord of any dwelling unit governed by this part shall not remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; and the landlord shall not remove the tenant's personal property from the dwelling unit unless such action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with s. 83.59(3)(d), or a lawful eviction. If provided in the rental agreement or a written agreement separate from the rental agreement, upon surrender or abandonment by the tenant, the landlord is not required to comply with s. 715.104 and is not liable or responsible for storage or disposition of the tenant's personal property; if provided in the rental agreement, there must be printed or clearly stamped on such rental agreement a legend in substantially the following form: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. For the purposes of this section, abandonment shall be as set forth in s. 83.59(3)(c). (6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (7) A violation of this section constitutes irreparable harm for the purposes of injunctive relief. (8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3). 83.682 Termination of rental agreement by a servicemember. (1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty; (d) After entering into a rental agreement, the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters; (e)The servicemember receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days; or (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (3) In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's commanding officer and a copy of the servicemember's death State Statutes 446 certificate. (4) Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. 90.91 Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner. In any prosecution for a crime involving the wrongful taking of property, a photograph of the property alleged to have been wrongfully taken may be deemed competent evidence of such property and may be admissible in the prosecution to the same extent as if such property were introduced as evidence. Such photograph shall bear a written description of the property alleged to have been wrongfully taken, the name of the owner of the property, the location where the alleged wrongful taking occurred, the name of the investigating law enforcement officer, the date the photograph was taken, and the name of the photographer. Such writing shall be made under oath by the investigating law enforcement officer, and the photograph shall be identified by the signature of the photographer. Upon the filing of such photograph and writing with the law enforcement authority or court holding such property as evidence, the property may be returned to the owner from whom the property was taken. 92.141 Law enforcement employees; travel expenses; compensation as witness. Any employee of a law enforcement agency of a municipality or county or the state who appears as an official witness to testify at any hearing or law action in any court of this state as a direct result of his or her employment in the law enforcement agency is entitled to per diem and travel expenses at the same rate provided for state employees under s. 112.061, except that if the employee travels by privately owned vehicle he or she is entitled to such travel expenses for the actual distance traveled to and from court. In addition thereto, such employee is entitled to receive the daily witness pay, exclusive of the mileage allowance, provided by s. 92.142, except when the employee is appearing as a witness during time compensated as a part of his or her normal duties. 92.52 Affirmation equivalent to oath. Whenever an oath shall be required by any law of this state in any proceeding, an affirmation may be substituted therefor. 92.53 Videotaping of testimony of victim or witness under age 16 or person with mental retardation. (1) On motion and hearing in camera and a finding that there is a substantial likelihood that a victim or witness who is under the age of 16 or who is a person with mental retardation as defined in s. 393.063 would suffer at least moderate emotional or mental harm due to the presence of the defendant if the child or person with mental retardation is required to testify in open court, or that such victim or witness is otherwise unavailable as defined in s. 90.804(1), the trial court may order the videotaping of the testimony of the victim or witness in a case, whether civil or criminal in nature, in which videotaped testimony is to be utilized at trial in lieu of trial testimony in open court. (2) The motion may be filed by: (a) The victim or witness, or the victim's or witness's attorney, parent, legal guardian, or guardian ad litem; (b) A trial judge on his or her own motion; (c) Any party in a civil proceeding; or (d) The prosecuting attorney or the defendant, or the defendant's counsel. (3) The judge shall preside, or shall appoint a special master to preside, at the videotaping unless the following conditions are met: (a) The child or person with mental retardation is represented by a guardian ad litem or counsel; (b) The representative of the victim or witness and the counsel for each party stipulate that the requirement for the presence of the judge or special master may be waived; and (c) The court finds at a hearing on the motion that the presence of a judge or special master is not necessary to protect State Statutes 447 the victim or witness. (4) The defendant and the defendant's counsel shall be present at the videotaping, unless the defendant has waived this right. The court may require the defendant to view the testimony from outside the presence of the child or person with mental retardation by means of a two-way mirror or another similar method that will ensure that the defendant can observe and hear the testimony of the victim or witness in person, but that the victim or witness cannot hear or see the defendant. The defendant and the attorney for the defendant may communicate by any appropriate private method. (5) Any party, or the court on its own motion, may request the aid of an interpreter, as provided in s. 90.606, to aid the parties in formulating methods of questioning the child or person with mental retardation and in interpreting the answers of the child or person with mental retardation throughout proceedings conducted under this section. (6) The motion referred to in subsection (1) may be made at any time with reasonable notice to each party to the cause, and videotaping of testimony may be made any time after the court grants the motion. The videotaped testimony shall be admissible as evidence in the trial of the cause; however, such testimony shall not be admissible in any trial or proceeding in which such witness testifies by use of closed circuit television pursuant to s. 92.54. (7) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section. 92.55 Judicial or other proceedings involving victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness; special protections; use of registered service or therapy animals. (1) For purposes of this section, the term: (a) “Sexual offense victim or witness” means a person who was under the age of 18 when he or she was the victim of or a witness to a sexual offense. (b) “Sexual offense” means any offense specified in s. 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I). (2) Upon motion of any party, upon motion of a parent, guardian, attorney, guardian ad litem, or other advocate appointed by the court under s. 914.17 for a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness, or upon its own motion, the court may enter any order necessary to protect the victim or witness in any judicial proceeding or other official proceeding from severe emotional or mental harm due to the presence of the defendant if the victim or witness is required to testify in open court. Such orders must relate to the taking of testimony and include, but are not limited to: (a) Interviewing or the taking of depositions as part of a civil or criminal proceeding. (b) Examination and cross-examination for the purpose of qualifying as a witness or testifying in any proceeding. (c) The use of testimony taken outside of the courtroom, including proceedings under ss. 92.53 and 92.54. (3) In ruling upon the motion, the court shall consider: (a) The age of the child, the nature of the offense or act, the relationship of the child to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the child as a consequence of the defendant’s presence, and any other fact that the court deems relevant; (b) The age of the person who has an intellectual disability, the functional capacity of such person, the nature of the offenses or act, the relationship of the person to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the person as a consequence of the defendant’s presence, and any other fact that the court deems relevant; or (c) The age of the sexual offense victim or witness when the sexual offense occurred, the relationship of the sexual offense victim or witness to the parties in the case or to the defendant in a criminal action, the degree of emotional trauma that will result to the sexual offense victim or witness as a consequence of the defendant’s presence, and any other fact that the court deems relevant. (4) In addition to such other relief provided by law, the court may enter orders limiting the number of times that a child, a person who has an intellectual disability, or a sexual offense victim or witness may be interviewed, prohibiting depositions of the victim or witness, requiring the submission of questions before the examination of the victim or witness, setting the place and conditions for interviewing the victim or witness or for conducting any other State Statutes 448 proceeding, or permitting or prohibiting the attendance of any person at any proceeding. The court shall enter any order necessary to protect the rights of all parties, including the defendant in any criminal action. (5) The court may set any other conditions it finds just and appropriate when taking the testimony of a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness, including the use of a therapy animal or facility dog, in any proceeding involving a sexual offense or child abuse, abandonment, or neglect. (a) When deciding whether to permit a victim or witness under the age of 18, a person who has an intellectual disability, or a sexual offense victim or witness to testify with the assistance of a therapy animal or facility dog, the court shall consider the age of the child victim or witness, the age of the sexual offense victim or witness at the time the sexual offense occurred, the interests of the child victim or witness or sexual offense victim or witness, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the victim or witness under the age of 18, person who has an intellectual disability, or sexual offense victim or witness. (b) For purposes of this subsection the term: 1. “Facility dog” means a dog that has been trained, evaluated, and certified as a facility dog pursuant to industry standards and provides unobtrusive emotional support to children and adults in facility settings. 2. “Therapy animal” means an animal that has been trained, evaluated, and certified as a therapy animal pursuant to industry standards by an organization that certifies animals as appropriate to provide animal therapy. 92.56 Judicial proceedings and court records involving sexual offenses and human trafficking. (1) (a) The confidential and exempt status of criminal intelligence information or criminal investigative information made confidential and exempt pursuant to s. 119.071(2)(h) must be maintained in court records pursuant to s. 119.0714(1)(h) and in court proceedings, including testimony from witnesses. (b) If a petition for access to such confidential and exempt records is filed with the trial court having jurisdiction over the alleged offense, the confidential and exempt status of such information shall be maintained by the court if the state or the victim demonstrates that: 1. The identity of the victim is not already known in the community; 2. The victim has not voluntarily called public attention to the offense; 3. The identity of the victim has not otherwise become a reasonable subject of public concern; 4. The disclosure of the victim’s identity would be offensive to a reasonable person; and 5. The disclosure of the victim’s identity would: a. Endanger the victim because the assailant has not been apprehended and is not otherwise known to the victim; b. Endanger the victim because of the likelihood of retaliation, harassment, or intimidation; c. Cause severe emotional or mental harm to the victim; d. Make the victim unwilling to testify as a witness; or e. Be inappropriate for other good cause shown. (2) A defendant charged with a crime described in s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), chapter 794, or chapter 800, or with child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, may apply to the trial court for an order of disclosure of information in court records held confidential and exempt pursuant to s. 119.0714(1)(h) or maintained as confidential and exempt pursuant to court order under this section. Such identifying information concerning the victim may be released to the defendant or his or her attorney in order to prepare the defense. The confidential and exempt status of this information may not be construed to prevent the disclosure of the victim’s identity to the defendant; however, the defendant may not disclose the victim’s identity to any person other than the defendant’s attorney or any other person directly involved in the preparation of the defense. A willful and knowing disclosure of the identity of the victim to any other person by the defendant constitutes contempt. (3) The state may use a pseudonym instead of the victim’s name to designate the victim of a crime described in s. 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), or State Statutes 449 (g), or in chapter 794 or chapter 800, or of child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, or any crime involving the production, possession, or promotion of child pornography as described in chapter 847, in all court records and records of court proceedings, both civil and criminal. (4) The protection of this section may be waived by the victim of the alleged offense in a writing filed with the court, in which the victim consents to the use or release of identifying information during court proceedings and in the records of court proceedings. (5) This section does not prohibit the publication or broadcast of the substance of trial testimony in a prosecution for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), chapter 794, or chapter 800, or a crime of child abuse, aggravated child abuse, or sexual performance by a child, as described in chapter 827, but the publication or broadcast may not include an identifying photograph, an identifiable voice, or the name or address of the victim, unless the victim has consented in writing to the publication and filed such consent with the court or unless the court has declared such records not confidential and exempt as provided for in subsection (1). (6) A willful and knowing violation of this section or a willful and knowing failure to obey any court order issued under this section constitutes contempt. 92.561 Prohibition on reproduction of child pornography. (1) In a criminal proceeding, any property or material that portrays sexual performance by a child as defined in s. 827.071, or constitutes child pornography as defined in s. 847.001, must remain secured or locked in the care, custody, and control of a law enforcement agency, the state attorney, or the court. (2) Notwithstanding any law or rule of court, a court shall deny, in a criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that portrays sexual performance by a child or constitutes child pornography so long as the state attorney makes the property or material reasonably available to the defendant. (3) For purposes of this section, property or material is deemed to be reasonably available to the defendant if the state attorney provides ample opportunity at a designated facility for the inspection, viewing, and examination of the property or material that portrays sexual performance by a child or constitutes child pornography by the defendant, his or her attorney, or any individual whom the defendant uses as an expert during the discovery process or at a court proceeding. 92.565 Admissibility of confession in sexual abuse cases. (1) As used in this section, the term “sexual abuse” means an act of a sexual nature or sexual act that may be prosecuted under any law of this state, including those offenses specifically designated in subsection (2). (2) In any criminal action in which the defendant is charged with a crime against a victim under s. 787.06(3), involving commercial sexual activity; s. 794.011; s. 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071; or s. 847.0135(5), or any other crime involving sexual abuse of another, or with any attempt, solicitation, or conspiracy to commit any of these crimes, the defendant’s memorialized confession or admission is admissible during trial without the state having to prove a corpus delicti of the crime if the court finds in a hearing conducted outside the presence of the jury that the state is unable to show the existence of each element of the crime, and having so found, further finds that the defendant’s confession or admission is trustworthy. Factors which may be relevant in determining whether the state is unable to show the existence of each element of the crime include, but are not limited to, the fact that, at the time the crime was committed, the victim was: (a)Physically helpless, mentally incapacitated, or mentally defective, as those terms are defined in s. 794.011; (b) Physically incapacitated due to age, infirmity, or any other cause; or (c) Less than 12 years of age. (3) Before the court admits the defendant’s confession or admission, the state must prove by a preponderance of evidence that there is sufficient corroborating evidence that tends to establish the trustworthiness of the statement by the defendant. Hearsay evidence is admissible during the presentation of evidence at the hearing. In making its determination, the court may State Statutes 450 consider all relevant corroborating evidence, including the defendant’s statements. (4) The court shall make specific findings of fact, on the record, for the basis of its ruling. 92.57 Termination of employment of witness prohibited. A person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the person's testimony or because of absences from employment resulting from compliance with the subpoena. In any civil action arising out of a violation of this section, the court may award attorney's fees and punitive damages to the person unlawfully dismissed, in addition to actual damages suffered by such person. 92.70 Eyewitness identification. (1) SHORT TITLE. This section may be cited as the “Eyewitness Identification Reform Act.” (2) DEFINITIONS. As used in this section, the term: (a) “Eyewitness” means a person whose identification by sight of another person may be relevant in a criminal proceeding. (b) “Independent administrator” means a person who is not participating in the investigation of a criminal offense and is unaware of which person in the lineup is the suspect. (c) “Lineup” means a photo lineup or live lineup. (d) “Lineup administrator” means the person who conducts a lineup. (e) “Live lineup” means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime. (f) “Photo lineup” means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime. (3)EYEWITNESS IDENTIFICATION PROCEDURES. A lineup conducted in this state by a state, county, municipal, or other law enforcement agency must meet all of the following requirements: (a) The lineup must be conducted by an independent administrator. However, in lieu of using an independent administrator, a law enforcement agency may conduct a photo lineup eyewitness identification procedure using an alternative method specified in subparagraph 1., subparagraph 2., or subparagraph 3. Any alternative method must be carefully structured to achieve neutral administration and to prevent the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure. Alternative methods may include any of the following: 1. An automated computer program that can automatically administer the photo lineup directly to an eyewitness and prevent the lineup administrator from seeing which photograph the eyewitness is viewing until after the procedure is completed. 2. A procedure in which photographs are placed in folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or track which photograph is being presented to the eyewitness until after the procedure is completed. 3. Any other procedure that achieves neutral administration and prevents the lineup administrator from knowing which photograph is being presented to the eyewitness during the identification procedure. (b) Before a lineup, the eyewitness must be instructed that: 1. The perpetrator might or might not be in the lineup; 2. The lineup administrator does not know the suspect’s identity, except that this instruction need not be given when a specified and approved alternative method of neutral administration is used; 3. The eyewitness should not feel compelled to make an identification; 4. It is as important to exclude innocent persons as it is to identify the perpetrator; and 5. The investigation will continue with or without an identification. The eyewitness shall acknowledge, in writing, having received a copy of the lineup instructions. If the eyewitness refuses to sign a document acknowledging receipt of the instructions, the lineup administrator must document the refusal of the eyewitness to sign a document acknowledging receipt of the instructions, and the lineup administrator must sign the acknowledgment document himself or herself. (4) REMEDIES. All of the following remedies are available as consequences of compliance or noncompliance with any State Statutes 451 requirement of this section: (a) 1. A failure on the part of a person to comply with any requirement of this section shall be considered by the court when adjudicating motions to suppress eyewitness identification. 2. A failure on the part of a person to comply with any requirement of this section is admissible in support of a claim of eyewitness misidentification, as long as such evidence is otherwise admissible. (b) If evidence of compliance or noncompliance with any requirement of this section is presented at trial, the jury shall be instructed that the jury may consider credible evidence of compliance or noncompliance to determine the reliability of eyewitness identifications. (5) EDUCATION AND TRAINING. T h e Criminal Justice Standards and Training Commission, in consultation with the Department of Law Enforcement, shall create educational materials and provide training programs on how to conduct lineups in compliance with this section. 112.021 Florida residence unnecessary. Except as expressly provided by law, there shall be no Florida residence requirement for any person as a condition precedent to employment by any county. 112.18 Firefighters and law enforcement or correctional officers; special provisions relative to disability. (1) (a) Any condition or impairment of health of any Florida state, municipal, county, port authority, special tax district, or fire control district firefighter or any law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. However, any such firefighter or law enforcement officer must have successfully passed a physical examination upon entering into any such service as a firefighter or law enforcement officer, which examination failed to reveal any evidence of any such condition. Such presumption does not apply to benefits payable under or granted in a policy of life insurance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract. (b) 1. For any workers’ compensation claim filed under this section and chapter 440 occurring on or after July 1, 2010, a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), or (3) suffering from tuberculosis, heart disease, or hypertension is presumed not to have incurred such disease in the line of duty as provided in this section if the law enforcement officer, correctional officer, or correctional probation officer: a. Departed in a material fashion from the prescribed course of treatment of his or her personal physician and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment; or b. Was previously compensated pursuant to this section and chapter 440 for tuberculosis, heart disease, or hypertension and thereafter sustains and reports a new compensable workers’ compensation claim under this section and chapter 440, and the law enforcement officer, correctional officer, or correctional probation officer has departed in a material fashion from the prescribed course of treatment of an authorized physician for the preexisting workers’ compensation claim and the departure is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or hypertension resulting in disability or increasing the disability or need for medical treatment. 2. As used in this paragraph, “prescribed course of treatment” means prescribed medical courses of action and prescribed medicines for the specific disease or diseases claimed and as documented in the prescribing physician’s medical records. 3. If there is a dispute as to the appropriateness of the course of treatment prescribed by a physician under sub-subparagraph 1.a. or sub-subparagraph 1.b. or whether a departure in a material fashion from the prescribed course of treatment is demonstrated to have resulted in a significant aggravation of the tuberculosis, heart disease, or State Statutes 452 hypertension resulting in disability or increasing the disability or need for medical treatment, the law enforcement officer, correctional officer, or correctional probation officer is entitled to seek an independent medical examination pursuant to s. 440.13(5). 4. A law enforcement officer, correctional officer, or correctional probation officer is not entitled to the presumption provided in this section unless a claim for benefits is made prior to or within 180 days after leaving the employment of the employing agency. (2)This section authorizes each governmental entity specified in subsection (1) to negotiate policy contracts for life and disability insurance to include accidental death benefits or double indemnity coverage which shall include the presumption that any condition or impairment of health of any firefighter, law enforcement officer, or correctional officer caused by tuberculosis, heart disease, or hypertension resulting in total or partial disability or death was accidental and suffered in the line of duty, unless the contrary be shown by competent evidence. 112.181 Firefighters, paramedics, emergency medical technicians, law enforcement officers, correctional officers; special provisions relative to certain communicable diseases. (1) DEFINITIONS. As used in this section, the term: (a) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control and Prevention, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary, and sinus fluids, including droplets, sputum, and saliva, mucous, and other fluids through which infectious airborne organisms can be transmitted between persons. (b) "Emergency rescue or public safety worker" means any person employed full time by the state or any political subdivision of the state as a firefighter, paramedic, emergency medical technician, law enforcement officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety worker" does not include any person employed by a public hospital licensed under chapter 395 or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C, or any other strain of hepatitis generally recognized by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this section, in performing the basic duties associated with his or her employment: 1. Provides emergency medical treatment in a non-health-care setting where there is a potential for transfer of body fluids between persons; 2. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; 3. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids; or 4. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and, in performing such duties, may be exposed to body fluids. (e) "Occupational exposure," in the case of hepatitis, meningococcal meningitis, or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2)PRESUMPTION; ELIGIBILITY CONDITIONS. Any emergency rescue or public safety worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the emergency rescue or public safety worker must, by written affidavit as provided in s. 92.50, verify by written declaration that, to the best of his or State Statutes 453 her knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he or she has not: 1. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical conditions derived from hepatitis, outside the scope of his or her employment; 2. Had a transfusion of blood or blood components, other than a transfusion arising out of an accident or injury happening in connection with his or her present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; 3. Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Disease Control and Prevention or the Surgeon General of the United States, or had sexual relations with a person known to him or her to have engaged in such unsafe sexual practices or other high-risk behavior; or 4. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he or she was not exposed, outside the scope of his or her employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the worker's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis. (3) IMMUNIZATION. Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, an emergency rescue or public safety worker may be required by his or her employer to undergo the immunization or prophylaxis unless the worker's physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the worker's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to undergo such immunization or prophylaxis disqualifies the worker from the benefits of the presumption. (4) LIFE AND DISABILITY INSURANCE COVERAGE.This section does not apply to benefits payable under or granted in a noncompulsory policy of life insurance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract. However, the state or any political subdivision of the state may negotiate a policy contract for life and disability insurance which includes accidental death benefits or double indemnity coverage for any condition or impairment of health suffered by an emergency rescue or public safety worker, which condition or impairment is caused by a disease described in this section and results in total or partial disability or death. (5) RECORD OF EXPOSURES. The employing agency shall maintain a record of any known or reasonably suspected exposure of an emergency rescue or public safety worker in its employ to the diseases described in this section and shall immediately notify the employee of such exposure. An emergency rescue or public safety worker shall file an incident or accident report with his or her employer of each instance of known or suspected occupational exposure to hepatitis infection, meningococcal meningitis, or tuberculosis. (6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public safety worker must, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate the presence of infection. This paragraph does not apply in the case of meningococcal meningitis. (b) On or after June 15, 1995, an emergency rescue or public safety worker may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tuberculosis. (7) DISABILITY RETIREMENT. T h i s section does not change the basic State Statutes 454 requirements for determining eligibility for disability retirement benefits under the Florida Retirement System or any pension plan administered by this state or any political subdivision thereof, except to the extent of affecting the determination as to whether a member was disabled in the line of duty or was otherwise disabled. 112.1815 Firefighters, paramedics, emergency medical technicians, and law enforcement officers; special provisions for employment-related accidents and injuries. (1) The term “first responder” as used in this section means a law enforcement officer as defined in s. 943.10, a firefighter as defined in s. 633.102, or an emergency medical technician or paramedic as defined in s. 401.23 employed by state or local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section. (2) (a) For the purpose of determining benefits under this section relating to employment-related accidents and injuries of first responders, the following shall apply: 1. An injury or disease caused by the exposure to a toxic substance is not an injury by accident arising out of employment unless there is a preponderance of the evidence establishing that exposure to the specific substance involved, at the levels to which the first responder was exposed, can cause the injury or disease sustained by the employee. 2. Any adverse result or complication caused by a smallpox vaccination of a first responder is deemed to be an injury by accident arising out of work performed in the course and scope of employment. 3. A mental or nervous injury involving a first responder and occurring as a manifestation of a compensable injury must be demonstrated by clear and convincing evidence. For a mental or nervous injury arising out of the employment unaccompanied by a physical injury involving a first responder, only medical benefits under s. 440.13 shall be payable for the mental or nervous injury. However, payment of indemnity as provided in s. 440.15 may not be made unless a physical injury arising out of injury as a first responder accompanies the mental or nervous injury. Benefits for a first responder are not subject to any limitation on temporary benefits under s. 440.093 or the 1-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3)(c). (b) In cases involving occupational disease, both causation and sufficient exposure to a specific harmful substance shown to be present in the workplace to support causation shall be proven by a preponderance of the evidence. (3) Permanent total supplemental benefits received by a first responder whose employer does not participate in the social security program shall not terminate after the first responder attains the age of 62. (4) For the purposes of this section, the term “occupational disease” means only a disease that arises out of employment as a first responder and is due to causes and conditions that are characteristic of and peculiar to a particular trade, occupation, process, or employment and excludes all ordinary diseases of life to which the general public is exposed, unless the incidence of the disease is substantially higher in the particular trade, occupation, process, or employment than for the general public. 112.182 "Firefighter rule" abolished. (1) A firefighter or properly identified law enforcement officer who lawfully enters upon the premises of another in the discharge of his or her duty occupies the status of an invitee. The common-law rule that such a firefighter or law enforcement officer occupies the status of a licensee is hereby abolished. (2) It is not the intent of this section to increase or diminish the duty of care owed by property owners to invitees. Property owners shall be liable to invitees pursuant to this section only when the property owner negligently fails to maintain the premises in a reasonably safe condition or negligently fails to correct a dangerous condition of which the property owner either knew or should have known by the use of reasonable care or negligently fails to warn the invitee of a dangerous condition about which the property owner had, or should have had, knowledge greater than that of the invitee. State Statutes 455 112.19 Law enforcement, correctional, and correctional probation officers; death benefits. (1) Whenever used in this section, the term: (a) “Employer” means a state board, commission, department, division, bureau, or agency, or a county, municipality, or other political subdivision of the state, which employs, appoints, or otherwise engages the services of law enforcement, correctional, or correctional probation officers. (b) “Law enforcement, correctional, or correctional probation officer” means any officer as defined in s. 943.10(14) or employee of the state or any political subdivision of the state, including any law enforcement officer, correctional officer, correctional probation officer, state attorney investigator, or public defender investigator, whose duties require such officer or employee to investigate, pursue, apprehend, arrest, transport, or maintain custody of persons who are charged with, suspected of committing, or convicted of a crime; and the term includes any member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices. The term also includes any full-time officer or employee of the state or any political subdivision of the state, certified pursuant to chapter 943, whose duties require such officer to serve process or to attend a session of a circuit or county court as bailiff. (c) “Insurance” means insurance procured from a stock company or mutual company or association or exchange authorized to do business as an insurer in this state. (d) “Fresh pursuit” means the pursuit of a person who has committed or is reasonably suspected of having committed a felony, misdemeanor, traffic infraction, or violation of a county or municipal ordinance. The term does not imply instant pursuit, but pursuit without unreasonable delay. (2)(a) The sum of $50,000, as adjusted pursuant to paragraph (j), shall be paid as provided in this section when a law enforcement, correctional, or correctional probation officer, while engaged in the performance of the officer’s law enforcement duties, is accidentally killed or receives accidental bodily injury which results in the loss of the officer’s life, provided that such killing is not the result of suicide and that such bodily injury is not intentionally self-inflicted. Notwithstanding any other provision of law, in no case shall the amount payable under this subsection be less than the actual amount stated therein. (b) The sum of $50,000, as adjusted under paragraph (j), shall be paid as provided in this section if a law enforcement, correctional, or correctional probation officer is accidentally killed as specified in paragraph (a) and the accidental death occurs: 1. As a result of the officer’s response to fresh pursuit; 2. As a result of the officer’s response to what is reasonably believed to be an emergency; 3. At the scene of a traffic accident to which the officer has responded; or 4. While the officer is enforcing what is reasonably believed to be a traffic law or ordinance. This sum is in addition to any sum provided for in paragraph (a). Notwithstanding any other provision of law, in no case shall the amount payable under this subsection be less than the actual amount stated therein. (c) If a law enforcement, correctional, or correctional probation officer, while engaged in the performance of the officer’s law enforcement duties, is unlawfully and intentionally killed or dies as a result of such unlawful and intentional act, the sum of $150,000, as adjusted pursuant to paragraph (j), shall be paid as provided in this section. Notwithstanding any other provision of law, in no case shall the amount payable under this subsection be less than the actual amount stated therein. (d) Such payments, pursuant to the provisions of paragraphs (a), (b), and (c), whether secured by insurance or not, shall be made to the beneficiary designated by such law enforcement, correctional, or correctional probation officer in writing, signed by the officer and delivered to the employer during the officer’s lifetime. If no such designation is made, then it shall be paid to the officer’s surviving child or children and spouse in equal portions, and if there is no surviving child or spouse, then to the officer’s parent or parents. If a beneficiary is not designated and there is no surviving child, spouse, or parent, then it shall be paid to the officer’s estate. (e) Such payments, pursuant to the provisions of paragraphs (a), (b), and (c), are in addition to any workers’ compensation or pension benefits and are exempt from the claims and demands of creditors of such law enforcement, State Statutes 456 correctional, or correctional probation officer. (f) If a full-time law enforcement, correctional, or correctional probation officer who is certified pursuant to chapter 943 and employed by a state agency is killed in the line of duty while the officer is engaged in the performance of law enforcement duties or as a result of an assault against the officer under riot conditions: 1. The sum of $1,000 shall be paid, as provided for in paragraph (d), toward the funeral and burial expenses of such officer. Such benefits are in addition to any other benefits to which employee beneficiaries and dependents are entitled under the Workers’ Compensation Law or any other state or federal statutes; and 2. The officer’s employing agency may pay up to $5,000 directly toward the venue expenses associated with the funeral and burial services of such officer. (g) Any political subdivision of the state that employs a full-time law enforcement officer as defined in s. 943.10(1) or a full-time correctional officer as defined in s. 943.10(2) who is killed in the line of duty on or after July 1, 1993, as a result of an act of violence inflicted by another person while the officer is engaged in the performance of law enforcement duties or as a result of an assault against the officer under riot conditions shall pay the entire premium of the political subdivision’s health insurance plan for the employee’s surviving spouse until remarried, and for each dependent child of the employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if: 1. At the time of the employee’s death, the child is dependent upon the employee for support; and 2. The surviving child continues to be dependent for support, or the surviving child is a full-time or part-time student and is dependent for support. (h) 1. Any employer who employs a full-time law enforcement, correctional, or correctional probation officer who, on or after January 1, 1995, suffers a catastrophic injury, as defined in s. 440.02, Florida Statutes 2002, in the line of duty shall pay the entire premium of the employer’s health insurance plan for the injured employee, the injured employee’s spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term “health insurance plan” does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children, under the conditions outlined in this paragraph. However: a. Health insurance benefits payable from any other source shall reduce benefits payable under this section. b. It is unlawful for a person to willfully and knowingly make, or cause to be made, or to assist, conspire with, or urge another to make, or cause to be made, any false, fraudulent, or misleading oral or written statement to obtain health insurance coverage as provided under this paragraph. A person who violates this sub-subparagraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. c. In addition to any applicable criminal penalty, upon conviction for a violation as described in sub-subparagraph b., a law enforcement, correctional, or correctional probation officer or other beneficiary who receives or seeks to receive health insurance benefits under this paragraph shall forfeit the right to receive such health insurance benefits, and shall reimburse the employer for all benefits paid due to the fraud or other prohibited activity. For purposes of this sub-subparagraph, “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. 2. In order for the officer, spouse, and dependent children to be eligible for such insurance coverage, the injury must have occurred as the result of the officer’s response to fresh pursuit, the officer’s response to what is reasonably believed to be an emergency, or an unlawful act perpetrated by another. Except as otherwise provided herein, nothing in this paragraph shall be State Statutes 457 construed to limit health insurance coverage for which the officer, spouse, or dependent children may otherwise be eligible, except that a person who qualifies under this section shall not be eligible for the health insurance subsidy provided under chapter 121, chapter 175, or chapter 185. (i) The Bureau of Crime Prevention and Training within the Department of Legal Affairs shall adopt rules necessary to implement paragraphs (a), (b), and (c). (j) Any payments made pursuant to paragraph (a), paragraph (b), or paragraph (c) shall consist of the statutory amount adjusted to reflect price level changes since the effective date of this act. The Bureau of Crime Prevention and Training shall by rule adjust the statutory amount based on the Consumer Price Index for All Urban Consumers published by the United States Department of Labor. Adjustment shall be made July 1 of each year using the most recent month for which data are available at the time of the adjustment. (3) If a law enforcement, correctional, or correctional probation officer is accidentally killed as specified in paragraph (2)(b) on or after June 22, 1990, or unlawfully and intentionally killed as specified in paragraph (2)(c) on or after July 1, 1980, the state shall waive certain educational expenses that children of the deceased officer incur while obtaining a career certificate, an undergraduate education, or a graduate or postbaccalaureate professional degree. The amount waived by the state shall be an amount equal to the cost of tuition, matriculation, and other statutorily authorized fees for a total of 120 credit hours for a career certificate or an undergraduate education. For a child pursuing a graduate or postbaccalaureate professional degree, the amount waived shall equal the cost of matriculation and other statutorily authorized fees incurred while the child continues to fulfill the professional requirements associated with the graduate or postbaccalaureate professional degree program, and eligibility continues until the child’s 29th birthday. The child may attend a state career center, a Florida College System institution, or a state university. The child may attend any or all of the institutions specified in this subsection, on either a full-time or part-time basis. For a child pursuing a career certificate or an undergraduate education, the benefits provided under this subsection shall continue to the child until the child’s 25th birthday. To be eligible for the benefits provided under this subsection for enrollment in a graduate or postbaccalaureate professional degree program, the child must be a state resident, as defined in s. 1009.21, at the time of enrollment. (a) Upon failure of any child benefited by the provisions of this section to comply with the ordinary and minimum requirements of the institution attended, both as to discipline and scholarship, the benefits shall be withdrawn as to the child and no further moneys may be expended for the child’s benefits so long as such failure or delinquency continues. (b) Only a student in good standing in his or her respective institution may receive the benefits thereof. (c) A child receiving benefits under this section must be enrolled according to the customary rules and requirements of the institution attended. of this subsection to comply with the ordinary and minimum requirements of the institution attended, both as to discipline and scholarship, the benefits shall be withdrawn as to the child or spouse and no further moneys may be expended for the child’s or spouse’s benefits so long as such failure or delinquency continues. (4)(a) The employer of such law enforcement, correctional, or correctional probation officer is liable for the payment of the sums specified in this section and is deemed self-insured, unless it procures and maintains, or has already procured and maintained, insurance to secure such payments. Any such insurance may cover only the risks indicated in this section, in the amounts indicated in this section, or it may cover those risks and additional risks and may be in larger amounts. Any such insurance shall be placed by such employer only after public bid of such insurance coverage which coverage shall be awarded to the carrier making the lowest best bid. (b) Payment of benefits to beneficiaries of state employees, or of the premiums to cover the risk, under the provisions of this section shall be paid from existing funds otherwise appropriated to the department employing the law enforcement, correctional, or correctional probation officers. (5) The State Board of Education shall adopt rules and procedures, and the Board of Governors shall adopt regulations and State Statutes 458 procedures, as are appropriate and necessary to implement the educational benefits provisions of this section. (6) Notwithstanding any provision of this section to the contrary, the death benefits provided in paragraphs (2)(c) and (g) shall also be applicable and paid in cases where an officer received bodily injury prior to July 1, 1993, and subsequently died on or after July 1, 1993, as a result of such in-line-of-duty injury attributable to an unlawful and intentional act, or an act of violence inflicted by another, or an assault on the officer under riot conditions. Payment of such benefits shall be in accordance with provisions of this section. Nothing in this provision shall be construed to limit death benefits for which those individuals listed in paragraph (2)(d) may otherwise be eligible. 112.531 Definitions. As used in this part: (1) "Law enforcement officer" means any person, other than a chief of police, who is employed full time by any municipality or the state or any political subdivision thereof and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state; and includes any person who is appointed by the sheriff as a deputy sheriff pursuant to s. 30.07. (2) "Correctional officer" means any person, other than a warden, who is appointed or employed full time by the state or any political subdivision thereof whose primary responsibility is the supervision, protection, care, custody, or control of inmates within a correctional institution; and includes correctional probation officers, as defined in s. 943.10(3). However, the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel. 112.532 Law enforcement officers' and correctional officers' rights. All law enforcement officers and correctional officers employed by or appointed to a law enforcement agency or a correctional agency shall have the following rights and privileges: (1) RIGHTS OF LAW ENFORCEMENT OFFICERS AND CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION. Whenever a law enforcement officer or correctional officer is under investigation and subject to interrogation by members of his or her agency for any reason that could lead to disciplinary action, suspension, demotion, or dismissal, the interrogation must be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer or correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, police unit, or correctional unit in which the incident allegedly occurred, as designated by the investigating officer or agency. (c) The law enforcement officer or correctional officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by or through one interrogator during any one investigative interrogation, unless specifically waived by the officer under investigation. (d) The law enforcement officer or correctional officer under investigation must be informed of the nature of the investigation before any interrogation begins, and he or she must be informed of the names of all complainants. All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer. The complaint, all witness statements, including all other existing subject officer statements, and all other existing evidence, including, but not limited to, incident reports, GPS locator information, and audio or video recordings relating to the incident under investigation, must be provided to each officer who is the subject of the complaint before the beginning of any investigative interview of that officer. An officer, after being informed of the right to review witness statements, may voluntarily waive the provisions of this paragraph and provide a voluntary statement at any time. (e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. (f) The law enforcement officer or correctional officer under interrogation may not be subjected to offensive language or be threatened with transfer, dismissal, or State Statutes 459 disciplinary action. A promise or reward may not be made as an inducement to answer any questions. (g) The formal interrogation of a law enforcement officer or correctional officer, including all recess periods, must be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation. (h) If the law enforcement officer or correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights before commencing the interrogation. (i) At the request of any law enforcement officer or correctional officer under investigation, he or she has the right to be represented by counsel or any other representative of his or her choice, who shall be present at all times during the interrogation whenever the interrogation relates to the officer’s continued fitness for law enforcement or correctional service. (j) Notwithstanding the rights and privileges provided by this part, this part does not limit the right of an agency to discipline or to pursue criminal charges against an officer. (2) COMPLAINT REVIEW BOARDS. A complaint review board shall be composed of three members: One member selected by the chief administrator of the agency or unit; one member selected by the aggrieved officer; and a third member to be selected by the other two members. Agencies or units having more than 100 law enforcement officers or correctional officers shall utilize a five-member board, with two members being selected by the administrator, two members being selected by the aggrieved officer, and the fifth member being selected by the other four members. The board members shall be law enforcement officers or correctional officers selected from any state, county, or municipal agency within the county. There shall be a board for law enforcement officers and a board for correctional officers whose members shall be from the same discipline as the aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy sheriffs. (3) CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR CORRECTIONAL OFFICERS. Every law enforcement officer or correctional officer shall have the right to bring civil suit against any person, group of persons, or organization or corporation, or the head of such organization or corporation, for damages, either pecuniary or otherwise, suffered during the performance of the officer’s official duties, for abridgment of the officer’s civil rights arising out of the officer’s performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed. This section does not establish a separate civil action against the officer’s employing law enforcement agency for the investigation and processing of a complaint filed under this part. (4)(a)NOTICE OF DISCIPLINARY ACTION. A dismissal, demotion, transfer, reassignment, or other personnel action that might result in loss of pay or benefits or that might otherwise be considered a punitive measure may not be taken against any law enforcement officer or correctional officer unless the law enforcement officer or correctional officer is notified of the action and the reason or reasons for the action before the effective date of the action. (b) Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional officer is subject to disciplinary action consisting of suspension with loss of pay, demotion, or dismissal, the officer or the officer’s representative shall, upon request, be provided with a complete copy of the investigative file, including the final investigative report and all evidence, and with the opportunity to address the findings in the report with the employing law enforcement agency before imposing disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. The contents of the complaint and investigation shall remain confidential until such time as the employing law enforcement agency makes a final determination whether or not to issue a notice of disciplinary action consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does not provide law enforcement officers with a property interest or expectancy of continued employment, employment, or appointment as a law enforcement officer. (5) RETALIATION FOR EXERCISING State Statutes 460 RIGHTS. No law enforcement officer or correctional officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his or her employment or appointment, or be threatened with any such treatment, by reason of his or her exercise of the rights granted by this part. (6) LIMITATIONS PERIOD FOR DISCIPLINARY ACTIONS. (a) Except as provided in this subsection, disciplinary action, suspension, demotion, or dismissal may not be undertaken by an agency against a law enforcement officer or correctional officer for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate an investigation of the misconduct. If the agency determines that disciplinary action is appropriate, it shall complete its investigation and give notice in writing to the law enforcement officer or correctional officer of its intent to proceed with disciplinary action, along with a proposal of the specific action sought, including length of suspension, if applicable. Notice to the officer must be provided within 180 days after the date the agency received notice of the alleged misconduct, except as follows: 1. The running of the limitations period may be tolled for a period specified in a written waiver of the limitation by the law enforcement officer or correctional officer. 2. The running of the limitations period is tolled during the time that any criminal investigation or prosecution is pending in connection with the act, omission, or other allegation of misconduct. 3. If the investigation involves an officer who is incapacitated or otherwise unavailable, the running of the limitations period is tolled during the period of incapacitation or unavailability. 4. In a multijurisdictional investigation, the limitations period may be extended for a period of time reasonably necessary to facilitate the coordination of the agencies involved. 5. The running of the limitations period may be tolled for emergencies or natural disasters during the time period wherein the Governor has declared a state of emergency within the jurisdictional boundaries of the concerned agency. 6. The running of the limitations period is tolled during the time that the officer’s compliance hearing proceeding is continuing beginning with the filing of the notice of violation and a request for a hearing and ending with the written determination of the compliance review panel or upon the violation being remedied by the agency. (b An investigation against a law enforcement officer or correctional officer may be reopened, notwithstanding the limitations period for commencing disciplinary action, demotion, or dismissal, if: 1. Significant new evidence has been discovered that is likely to affect the outcome of the investigation. 2. The evidence could not have reasonably been discovered in the normal course of investigation or the evidence resulted from the predisciplinary response of the officer. Any disciplinary action resulting from an investigation that is reopened pursuant to this paragraph must be completed within 90 days after the date the investigation is reopened. 112.533 Receipt and processing of complaints. (1) (a) Every law enforcement agency and correctional agency shall establish and put into operation a system for the receipt, investigation, and determination of complaints received by such agency from any person, which shall be the procedure for investigating a complaint against a law enforcement and correctional officer and for determining whether to proceed with disciplinary action or to file disciplinary charges, notwithstanding any other law or ordinance to the contrary. When law enforcement or correctional agency personnel assigned the responsibility of investigating the complaint prepare an investigative report or summary, regardless of form, the person preparing the report shall, at the time the report is completed: 1. Verify pursuant to s. 92.525 that the contents of the report are true and accurate based upon the person’s personal knowledge, information, and belief. 2. Include the following statement, sworn and subscribed to pursuant to s. 92.525: “I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my personal knowledge, information, State Statutes 461 and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes.” The requirements of subparagraphs 1. and 2. shall be completed prior to the determination as to whether to proceed with disciplinary action or to file disciplinary charges. This subsection does not preclude the Criminal Justice Standards and Training Commission from exercising its authority under chapter 943. (b) 1. Any political subdivision that initiates or receives a complaint against a law enforcement officer or correctional officer must within 5 business days forward the complaint to the employing agency of the officer who is the subject of the complaint for review or investigation. 2. For purposes of this paragraph, the term “political subdivision” means a separate agency or unit of local government created or established by law or ordinance and the officers thereof and includes, but is not limited to, an authority, board, branch, bureau, city, commission, consolidated government, county, department, district, institution, metropolitan government, municipality, office, officer, public corporation, town, or village. (2) (a) A complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation by the agency of the complaint is confidential and exempt from the provisions of s. 119.07(1) until the investigation ceases to be active, or until the agency head or the agency head’s designee provides written notice to the officer who is the subject of the complaint, either personally or by mail, that the agency has either: 1. Concluded the investigation with a finding not to proceed with disciplinary action or to file charges; or 2. Concluded the investigation with a finding to proceed with disciplinary action or to file charges. Notwithstanding the foregoing provisions, the officer who is the subject of the complaint, along with legal counsel or any other representative of his or her choice, may review the complaint and all statements regardless of form made by the complainant and witnesses and all existing evidence, including, but not limited to, incident reports, analyses, GPS locator information, and audio or video recordings relating to the investigation, immediately before beginning the investigative interview. All statements, regardless of form, provided by a law enforcement officer or correctional officer during the course of a complaint investigation of that officer shall be made under oath pursuant to s. 92.525. Knowingly false statements given by a law enforcement officer or correctional officer under investigation may subject the law enforcement officer or correctional officer to prosecution for perjury. If a witness to a complaint is incarcerated in a correctional facility and may be under the supervision of, or have contact with, the officer under investigation, only the names and written statements of the complainant and nonincarcerated witnesses may be reviewed by the officer under investigation immediately prior to the beginning of the investigative interview. (b) This subsection does not apply to any public record which is exempt from public disclosure pursuant to chapter 119. For the purposes of this subsection, an investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding is made within 45 days after the complaint is filed. (c) Notwithstanding other provisions of this section, the complaint and information shall be available to law enforcement agencies, correctional agencies, and state attorneys in the conduct of a lawful criminal investigation. (3) A law enforcement officer or correctional officer has the right to review his or her official personnel file at any reasonable time under the supervision of the designated records custodian. A law enforcement officer or correctional officer may attach to the file a concise statement in response to any items included in the file identified by the officer as derogatory, and copies of such items must be made available to the officer. (4) Any person who is a participant in an internal investigation, including the complainant, the subject of the investigation and the subject’s legal counsel or a representative of his or her choice, the investigator conducting the investigation, and any witnesses in the investigation, who willfully discloses any information obtained State Statutes 462 pursuant to the agency’s investigation, including, but not limited to, the identity of the officer under investigation, the nature of the questions asked, information revealed, or documents furnished in connection with a confidential internal investigation of an agency, before such complaint, document, action, or proceeding becomes a public record as provided in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However, this subsection does not limit a law enforcement or correctional officer’s ability to gain access to information under paragraph (2)(a). Additionally, a sheriff, police chief, or other head of a law enforcement agency, or his or her designee, is not precluded by this section from acknowledging the existence of a complaint and the fact that an investigation is underway. 112.534 Failure to comply; official misconduct. (1) If any law enforcement agency or correctional agency, including investigators in its internal affairs or professional standards division, or an assigned investigating supervisor, intentionally fails to comply with the requirements of this part, the following procedures apply. For purposes of this section, the term “law enforcement officer” or “correctional officer” includes the officer’s representative or legal counsel, except in application of paragraph (d). (a) The law enforcement officer or correctional officer shall advise the investigator of the intentional violation of the requirements of this part which is alleged to have occurred. The officer’s notice of violation is sufficient to notify the investigator of the requirements of this part which are alleged to have been violated and the factual basis of each violation. (b) If the investigator fails to cure the violation or continues the violation after being notified by the law enforcement officer or correctional officer, the officer shall request the agency head or his or her designee be informed of the alleged intentional violation. Once this request is made, the interview of the officer shall cease, and the officer’s refusal to respond to further investigative questions does not constitute insubordination or any similar type of policy violation. (c) Thereafter, within 3 working days, a written notice of violation and request for a compliance review hearing shall be filed with the agency head or designee which must contain sufficient information to identify the requirements of this part which are alleged to have been violated and the factual basis of each violation. All evidence related to the investigation must be preserved for review and presentation at the compliance review hearing. For purposes of confidentiality, the compliance review panel hearing shall be considered part of the original investigation. (d) Unless otherwise remedied by the agency before the hearing, a compliance review hearing must be conducted within 10 working days after the request for a compliance review hearing is filed, unless, by mutual agreement of the officer and agency or for extraordinary reasons, an alternate date is chosen. The panel shall review the circumstances and facts surrounding the alleged intentional violation. The compliance review panel shall be made up of three members: one member selected by the agency head, one member selected by the officer filing the request, and a third member to be selected by the other two members. The review panel members shall be law enforcement officers or correctional officers who are active from the same law enforcement discipline as the officer requesting the hearing. Panel members may be selected from any state, county, or municipal agency within the county in which the officer works. The compliance review hearing shall be conducted in the county in which the officer works. (e) It is the responsibility of the compliance review panel to determine whether or not the investigator or agency intentionally violated the requirements provided under this part. It may hear evidence, review relevant documents, and hear argument before making such a determination; however, all evidence received shall be strictly limited to the allegation under consideration and may not be related to the disciplinary charges pending against the officer. The investigative materials are considered confidential for purposes of the compliance review hearing and determination. (f) The officer bears the burden of proof to establish that the violation of this part was intentional. The standard of proof for such a determination is by a preponderance of the evidence. The determination of the panel must be made at the conclusion of the hearing, in writing, and filed with the agency head and the officer. State Statutes 463 (g) If the alleged violation is sustained as intentional by the compliance review panel, the agency head shall immediately remove the investigator from any further involvement with the investigation of the officer. Additionally, the agency head shall direct an investigation be initiated against the investigator determined to have intentionally violated the requirements provided under this part for purposes of agency disciplinary action. If that investigation is sustained, the sustained allegations against the investigator shall be forwarded to the Criminal Justice Standards and Training Commission for review as an act of official misconduct or misuse of position. (2) (a) All the provisions of s. 838.022 shall apply to this part. (b) The provisions of chapter 120 do not apply to this part. 117.03 Administration of oaths. A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public. The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required. 117.10 Law enforcement and correctional officers; administration of oaths. (1) For purposes of this section, the term “reliable electronic means” means the signing and transmission of a document through means compliant with criminal justice information system security measures. Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant. (2) Law enforcement officers, correctional officers, and correctional probation officers, as defined in s. 943.10, and traffic accident investigation officers and traffic infraction enforcement officers, as described in s. 316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature. (3) An oath administered pursuant to this section is an acceptable method of verification as provided under s. 92.525. 117.105 False or fraudulent acknowledgments; penalty. A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 117.107 Prohibited acts. (1) A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned. (2) A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp. (3) A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment. (4) A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s. 744.3215(2) or (3), and where the person has not been restored to capacity as a matter of record. (5) A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization. (6) A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand. (7) A notary public may not change anything in a written instrument after it has been State Statutes 464 signed by anyone. (8) A notary public may not amend a notarial certificate after the notarization is complete. (9) A notary public may not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud. A notary public who violates this subsection with the intent to defraud is guilty of violating s. 117.105. (10) A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete. (11) A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public. (12) A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public. 119.011 Definitions. As used in this chapter, the term: (1) “Actual cost of duplication” means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication. (2) “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. (3) (a) “Criminal intelligence information” means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity. (b) “Criminal investigative information” means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance. (c) “Criminal intelligence information” and “criminal investigative information” shall not include: 1. The time, date, location, and nature of a reported crime. 2. The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.071(2)(h). 3. The time, date, and location of the incident and of the arrest. 4. The crime charged. 5. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would: a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and b. Impair the ability of a state attorney to State Statutes 465 locate or prosecute a codefendant. 6. Informations and indictments except as provided in s. 905.26. (d) The word “active” shall have the following meaning: 1. Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities. 2. Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future. In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s. 775.15 or other statute of limitation. (4) “Criminal justice agency” means: (a) Any law enforcement agency, court, or prosecutor; (b) Any other agency charged by law with criminal law enforcement duties; (c) Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or (d) The Department of Corrections. (5) “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. (6) “Data processing software” means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs. (7) “Duplicated copies” means new copies produced by duplicating, as defined in s. 283.30. (8) “Exemption” means a provision of general law which provides that a specified record or meeting, or portion thereof, is not subject to the access requirements of s. 119.07(1), s. 286.011, or s. 24, Art. I of the State Constitution. (9) “Information technology resources” means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. (10) “Paratransit” has the same meaning as provided in s. 427.011. (11) “Proprietary software” means data processing software that is protected by copyright or trade secret laws. (12) “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. (13) “Redact” means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. (14) “Sensitive,” for purposes of defining agency-produced software that is sensitive, means only those portions of data processing software, including the specifications and documentation, which are used to: (a) Collect, process, store, and retrieve information that is exempt from s. 119.07(1); (b) Collect, process, store, and retrieve financial management information of the agency, such as payroll and accounting records; or (c) Control and direct access authorizations and security measures for automated systems. (15) “Utility” means a person or entity that provides electricity, natural gas, telecommunications, water, chilled water, reuse water, or wastewater. 119.07 Inspection and copying of records; photographing public records; fees; exemptions. (1) (a) Every person who has custody of a public record shall permit the record to be State Statutes 466 inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. (b) A custodian of public records or a person having custody of public records may designate another officer or employee of the agency to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy public records. (c) A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed. (d) A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying. (e) If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. (f) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. (g) In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access. (h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties. (i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record. (2) (a) As an additional means of inspecting or copying public records, a custodian of public records may provide access to public records by remote electronic means, provided exempt or confidential information is not disclosed. (b) The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s. 24, Art. I of the State Constitution. (c) Unless otherwise required by law, the custodian of public records may charge a fee for remote electronic access, granted under a contractual arrangement with a user, which fee may include the direct and indirect costs of providing such access. Fees for remote electronic access provided to the general public shall be in accordance with the provisions of this section. (3) (a) Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. (b) This subsection applies to the making State Statutes 467 of photographs in the conventional sense by use of a camera device to capture images of public records but excludes the duplication of microfilm in the possession of the clerk of the circuit court where a copy of the microfilm may be made available by the clerk. (c) Photographing public records shall be done under the supervision of the custodian of public records, who may adopt and enforce reasonable rules governing the photographing of such records. (d) Photographing of public records shall be done in the room where the public records are kept. If, in the judgment of the custodian of public records, this is impossible or impracticable, photographing shall be done in another room or place, as nearly adjacent as possible to the room where the public records are kept, to be determined by the custodian of public records. Where provision of another room or place for photographing is required, the expense of providing the same shall be paid by the person desiring to photograph the public record pursuant to paragraph (4)(e). (4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a) 1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 81/2 inches; 2. No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. (b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c) An agency may charge up to $1 per copy for a certified copy of a public record. (d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. (e) 1. Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records. 2. The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records. (5) When ballots are produced under this section for inspection or examination, no persons other than the supervisor of elections or the supervisor's employees shall touch the ballots. If the ballots are being examined before the end of the contest period in s. 102.168, the supervisor of elections shall make a reasonable effort to notify all candidates by telephone or otherwise of the time and place of the inspection or examination. All such candidates, or their representatives, shall be allowed to be present during the inspection or examination. (6) An exemption contained in this chapter or in any other general or special law shall not limit the access of the Auditor General, the Office of Program Policy Analysis and Government Accountability, or any state, county, municipal, university, board of community college, school district, or special district internal auditor to public records when such person states in writing that such records are needed for a properly authorized audit, examination, or investigation. Such person shall maintain the exempt or confidential status of that public record and shall be subject to the same penalties as the custodian of that record for public disclosure of such record. (7) n exemption from this section does not imply an exemption from s. 286.011. The exemption from s. 286.011 must be expressly provided. (8) The provisions of this section are not intended to expand or limit the provisions of Rule 3.220, Florida Rules of Criminal Procedure, regarding the right and extent of State Statutes 468 discovery by the state or by a defendant in a criminal prosecution or in collateral postconviction proceedings. This section may not be used by any inmate as the basis for failing to timely litigate any postconviction action. 119.10 Violation of chapter; penalties. (1) Any public officer who: (a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who willfully and knowingly violates: (a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 119.105 Protection of victims of crimes or accidents. Police reports are public records except as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports. A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential. This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information. . 327.02 Definitions. As used in this chapter and in chapter 328, unless the context clearly requires a different meaning, the term: (1) “Airboat” means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders. (2) “Alien” means a person who is not a citizen of the United States. (3) “Barge” means a vessel that does not have living quarters, is not propelled by its own power, and is designed to be pushed or pulled by another vessel. (4) “Boating accident” means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of a person from on board under circumstances that indicate the possibility of death or injury, or property damage to any vessel or dock. (5) “Canoe” means a light, narrow vessel with curved sides and with both ends pointed. A canoe-like vessel with a transom may not be excluded from the definition of a canoe if the width of its transom is less than 45 percent of the width of its beam or it has been designated as a canoe by the United States Coast Guard. (6) “Commercial fishing vessel” means a vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to s. 379.361 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale to the consumer or to a retail or wholesale dealer. (7) “Commercial parasailing” means providing or offering to provide, for consideration, any activity involving the towing of a person by a motorboat if: (a) One or more persons are tethered to the towing vessel; (b) The person or persons ascend above the water; and (c) The person or persons remain suspended under a canopy, chute, or parasail above the water while the vessel is underway. The term does not include ultralight glider towing conducted under rules of the Federal Aviation Administration governing ultralight vehicles as defined in 14 C.F.R. part 103. (8) “Commercial vessel” means a vessel used as a place of business or a professional or other commercial enterprise. (9) “Commission” means the Fish and Wildlife Conservation Commission. (10) “Dealer” means a person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute vessels. Such State Statutes 469 person must have a valid sales tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county, municipality, or political subdivision of the state in which the person operates. (11) “Division” means the Division of Law Enforcement of the Fish and Wildlife Conservation Commission. (12) “Documented vessel” means a vessel for which a valid certificate of documentation is outstanding pursuant to 46 C.F.R. part 67. (13) “Effective means of propulsion for safe navigation” means a vessel, other than a barge, that is equipped with: (a) A functioning motor, controls, and steering system; or (b) Rigging and sails that are present and in good working order, and a functioning steering system. (14) “Floating structure” means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term includes, but is not limited to, an entity used as a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or a mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term “vessel” provided in this section. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. (15) “Florida Intracoastal Waterway” means the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort Myers; the St. Johns River, Jacksonville to Sanford; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to Anclote open bay section, using the Gulf of Mexico; the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line west of Pensacola; and the Apalachicola, Chattahoochee, and Flint Rivers in Florida. (16) “Homemade vessel” means a vessel built after October 31, 1972, for which a federal hull identification number is not required to be assigned by the manufacturer pursuant to federal law, or a vessel constructed or assembled before November 1, 1972, by an entity other than a licensed manufacturer for its own use or the use of a specific person. A vessel assembled from a manufacturer’s kit or constructed from an unfinished manufactured hull is considered to be a homemade vessel if such a vessel is not required to have a hull identification number assigned by the United States Coast Guard. A rebuilt or reconstructed vessel may not be construed to be a homemade vessel. (17) “Houseboat” means a vessel that is used primarily as a residence for at least 21 days during any 30-day period in a county of this state if such residential use of the vessel is to the preclusion of its use as a means of transportation. (18) “Kiteboarding” or “kitesurfing” means an activity in which a kiteboard or surfboard is tethered to a kite so as to harness the power of the wind and propel the board across a body of water. For purposes of this subsection, the term “kite” has the same meaning as used in 14 C.F.R. part 101. (19) “Length” means the measurement from end to end over the deck parallel to the centerline, excluding sheer. (20) “Lien” means a security interest that is reserved or created by a written agreement recorded with the Department of Highway Safety and Motor Vehicles pursuant to s. 328.15 and that secures payment or performance of an obligation and is generally valid against third parties. (21) “Lienholder” means a person holding a security interest in a vessel, which interest is recorded with the Department of Highway Safety and Motor Vehicles pursuant to s. 328.15. (22) “Live-aboard vessel” means: (a) A vessel used solely as a residence and not for navigation; (b) A vessel for which a declaration of domicile has been filed pursuant to s. 222.17; or (c) A vessel used as a residence that does not have an effective means of propulsion for safe navigation. A commercial fishing vessel is expressly excluded from the term “live-aboard vessel.” (23) “Livery vessel” means a vessel leased, rented, or chartered to another for consideration. State Statutes 470 (24) “Manufactured vessel” means a vessel built after October 31, 1972, for which a federal hull identification number is required pursuant to federal law, or a vessel constructed or assembled before November 1, 1972, by a duly licensed manufacturer. (25) “Marina” means a licensed commercial facility that provides secured public moorings or dry storage for vessels on a leased basis. A commercial establishment authorized by a licensed vessel manufacturer as a dealership is considered a marina for nonjudicial sale purposes. (26) “Marine sanitation device” means equipment, other than a toilet, for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and III shall be defined as provided in 33 C.F.R. part 159. (27) “Marker” means a channel mark or other aid to navigation, an information or regulatory mark, an isolated danger mark, a safe water mark, a special mark, an inland waters obstruction mark, or mooring buoy in, on, or over the waters of the state or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light. (28) “Moored ballooning” means the operation of a moored balloon pursuant to 14 C.F.R. part 101. (29) “Motorboat” means a vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation. (30) “Muffler” means an automotive-style sound-suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine. (31) “Navigation rules” means, for vessels on: (a)Waters outside established navigational lines of demarcation as specified in 33 C.F.R. part 80, the International Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended, including the appendix and annexes thereto, through October 1, 2012. (b) All waters not outside of such established lines of demarcation, the Inland Navigational Rules Act of 1980, 33 C.F.R. parts 83-90, as amended, through October 1, 2012. (32) “Nonresident” means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. (33) “Operate” means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. (34) “Owner” means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person which is reserved or created by agreement and securing payment of performance of an obligation. The term does not include a lessee under a lease not intended as security. (35) “Person” means an individual, partnership, firm, corporation, association, or other entity. (36) “Personal watercraft” means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. (37) “Portable toilet” means a device consisting of a lid, seat, containment vessel, and support structure which is specifically designed to receive, retain, and discharge human waste and which is capable of being removed from a vessel by hand. (38) “Prohibited activity” means activity that will impede or disturb navigation or creates a safety hazard on waterways of this state. (39) “Racing shell,” “rowing scull,” or “racing kayak” means a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and in which all occupants, with the exception of a coxswain, if one is provided, row, scull, or paddle and that is not designed to carry and does not carry any equipment not solely for competitive racing. (40) “Recreational vessel” means a vessel: (a) Manufactured and used primarily for noncommercial purposes; or (b) Leased, rented, or chartered to a person for his or her noncommercial use. State Statutes 471 (41) “Registration” means a state operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid. (42) “Resident” means a citizen of the United States who has established residence in this state and has continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. (43) “Sailboat” means a vessel whose sole source of propulsion is the wind. (44) “Sustained wind speed” means a wind speed determined by averaging the observed wind speed rounded up to the nearest mile per hour over a 2-minute period. (45) “Unclaimed vessel” means an undocumented vessel, including its machinery, rigging, and accessories, which is in the physical possession of a marina, garage, or repair shop for repairs, improvements, or other work with the knowledge of the vessel owner and for which the costs of such services have been unpaid for more than 90 days after the date written notice of the completed work is given by the marina, garage, or repair shop to the vessel owner. (46) “Vessel” is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (47) “Waters of this state” means any navigable waters of the United States within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state. 327.22 Regulation of vessels by municipalities or counties. (1) Nothing in this chapter shall be construed to prohibit any municipality or county that expends money for the patrol, regulation, and maintenance of any lakes, rivers, or waters, and for other boating-related activities in such municipality or county, from regulating vessels resident in such municipality or county. Any county or municipality may adopt ordinances which provide for enforcement of noncriminal violations of restricted areas which result in the endangering or damaging of property, by citation mailed to the registered owner of the vessel. Any such ordinance shall apply only in legally established restricted areas which are properly marked as permitted pursuant to ss. 327.40 and 327.41. Any county and the municipalities located within the county may jointly regulate vessels. (2) Citations issued to liveried vessels pursuant to this subsection shall be the responsibility of the lessee of the vessel. It shall be the responsibility of the lessor upon request of the agency issuing the citation, to provide the name and address of the lessee. It shall be the responsibility of the livery to provide such information as a part of the rental agreement. The livery is not responsible for the payment of citations if the livery provides the required information. 327.30 Collisions, accidents, and casualties. (1) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to the operator's own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty such assistance as is practicable and necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. The operator of a vessel involved in an accident with an unattended vessel shall take all reasonable steps to locate and notify the owner or person in charge of such vessel of the accident, furnishing to such owner his or her name, address, and registration number and reporting as required under this section. (2) In the case of collision, accident, or other casualty involving a vessel in or upon or entering into or exiting from the water, including capsizing, collision with another vessel or object, sinking, personal injury requiring medical treatment beyond immediate first aid, death, disappearance of any person from on board under circumstances which indicate the possibility of death or injury, or damage to any vessel or other property in an apparent aggregate amount of at least $2,000, the operator shall State Statutes 472 without delay, by the quickest means available give notice of the accident to one of the following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the sheriff of the county within which the accident occurred; or the police chief of the municipality within which the accident occurred, if applicable. (3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to an accident does not extend to information that would violate the privilege of such person against self-incrimination. (4) Each coroner or other official performing like functions, upon learning of the death of a person in his or her jurisdiction as a result of a boating accident, shall immediately notify the nearest office of the Department of Law Enforcement. (5) It is unlawful for a person operating a vessel involved in an accident or injury to leave the scene of the accident or injury without giving all possible aid to all persons involved and making a reasonable effort to locate the owner or persons affected and subsequently complying with and notifying the appropriate law enforcement official as required under this section. Any person who violates this subsection with respect to an accident resulting in personal injury commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who violates this subsection with respect to an accident resulting in property damage only commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any law enforcement officer who investigates a boating collision or accident may arrest or cite the operator of any vessel involved in the accident or collision when, based upon personal investigation, the officer has probable cause to believe that the operator has committed any offense in connection with the accident or collision. 327.301 Written reports of accidents. (1) The operator of a vessel that is in any manner involved in an accident resulting in bodily injury, death, or disappearance of any person or damage to any vessel or other property in an apparent aggregate amount of at least $2,000 shall, within the time limits specified in 33 C.F.R. s. 173.55, forward a written report of the accident to the division. Whenever the operator of the vessel is incapable of making a written report, the owner of the vessel shall, within the time limits specified in 33 C.F.R. s. 173.55, make the report not made by the operator. However, when the investigating officer has made a written report of the accident pursuant to subsection (3), a written report need not be forwarded to the division by the operator. (2) The division may require any operator of a vessel involved in an accident of which written report must be made as provided in this section to file supplemental written reports whenever the original report is insufficient in the opinion of the division, and may require any witness to the accident to render a report to the division. (3) Every law enforcement officer who in the regular course of duty investigates a boating accident that resulted in bodily injury, death, or disappearance of any person or damage to any vessel or other property in an apparent aggregate amount of at least $2,000 shall, within 24 hours after completing the investigation, forward a written report of the accident to the division. However, in every case in which an accident report is required by this section and a written report by a law enforcement officer is not prepared, the law enforcement officer shall provide each party involved in the accident a short-form report, prescribed by the division, to be completed by the party. The short-form report must include, but is not limited to: the date, time, and location of the accident; a description of the vessels involved; the names and addresses of the parties involved; the names and addresses of witnesses; and the name, badge number, and law enforcement agency of the officer investigating the accident. Accident reports made by law enforcement officers may not be used for commercial solicitation purposes; however, use of an accident report for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as a “commercial purpose.” (4) Except as specified in this subsection, each accident report made by a person involved in an accident and any statement made by such person to a law enforcement officer for the purpose of completing an accident report required by this section is without prejudice to the individual reporting. Such report or statement may not be used as evidence in any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer who is a witness in a criminal trial may testify as to State Statutes 473 any statement made to the officer by the person involved in the accident if that person’s privilege against self-incrimination is not violated. The results of breath, urine, and blood tests administered as provided in s. 327.352 or s. 327.353 are not confidential and shall be admissible into evidence in accordance with the provisions of s. 327.354. Accident reports made by persons involved in accidents may not be used for commercial solicitation purposes; however, use of an accident report for purposes of publication in a newspaper or other news periodical or a radio or television broadcast shall not be construed as a “commercial purpose.” (5) For the purposes of this section, a written report includes a report generated through the use of information technology resources as defined in s. 119.011. (6) If the vessel is leased, rented, or chartered at the time of the accident, the person who offered the vessel for lease, rental, or charter shall be responsible for complying with this section and s. 327.30. (7) Any person failing to file the written report required under subsection (1) or a supplemental written report when required by the division under subsection (2) is guilty of a noncriminal infraction. 327.33 Reckless or careless operation of vessel. (1) It is unlawful to operate a vessel in a reckless manner. A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure a person is guilty of reckless operation of a vessel. Reckless operation of a vessel includes, but is not limited to, a violation of s. 327.331(6). A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who operates any vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of another person outside the vessel or to endanger the life, limb, or property of another person due to vessel overloading or excessive speed. The failure to operate a vessel in a manner described in this subsection constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel, absent negligence, does not constitute damage or endangerment to property. A person who violates this subsection commits a noncriminal violation as defined in s. 775.08. (3) Each person operating a vessel upon the waters of this state shall comply with the navigation rules. (a) A person who violates the navigation rules and the violation results in a boating accident causing serious bodily injury as defined in s. 327.353 or death, but the violation does not constitute reckless operation of a vessel, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who violates the navigation rules and the violation does not constitute reckless operation of a vessel commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 327.73. (c) Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished. (4) Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules. 327.331 Divers; definitions; divers-down warning device required; obstruction to navigation of certain waters; penalty. (1) As used in this section: (a) “Diver” means a person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus. (b) “Divers-down buoy” means a buoyant device, other than a vessel, which displays a divers-down symbol on three or four flat sides. (c) “Divers-down flag” means a flag that displays a divers-down symbol and: 1. Is square or rectangular and has a divers-down symbol on each face. 2. Has white diagonal stripes on each face which begin at the top, staff-side of the flag and extend diagonally to the lower opposite corner. 3. If rectangular, is of a length that is not less than the height or more than 25 State Statutes 474 percent longer than the height. 4. Has a wire, or other stiffener, or is otherwise constructed to ensure that it remains fully unfurled and extended in the absence of a wind or breeze. (d) “Divers-down symbol” means a rectangular or square red symbol with a white diagonal stripe. If rectangular, the length may not be less than the height or more than 25 percent longer than the height. The width of the stripe must be 25 percent of the height of the symbol and the stripes must be oriented in the same direction if multiple stripes are displayed. (e) “Divers-down warning device” means a divers-down flag, buoy, or other similar warning device that: 1. Contains a divers-down symbol that is at least 12 inches by 12 inches in dimension when displayed from the water or at least 20 by 24 inches in dimension when displayed from a vessel; 2. Is designed for, and used by, divers and dive vessels as a means to notify nearby boaters of the presence of a diver in the waters of the immediate area; and 3. Is prominently visible when in use. (f) “Underwater breathing apparatus” means any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without returning to the surface of the water. (2) All divers must prominently display a divers-down warning device in the area in which the diving occurs, other than when diving in an area customarily used for swimming only. A divers-down buoy may not be used or displayed onboard a vessel. (3) A diver or group of divers may not display one or more divers-down warning devices on a river, inlet, or navigation channel, except in case of emergency, in a manner that unreasonably constitutes a navigational hazard. (4) Divers shall make reasonable efforts to stay within 100 feet of a divers-down warning device on rivers, inlets, and navigation channels. A person operating a vessel on a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 100 feet from any divers-down warning device. (5) Divers must make reasonable efforts to stay within 300 feet of a divers-down warning device on all waters other than rivers, inlets, and navigation channels. A person operating a vessel on waters other than a river, inlet, or navigation channel must make a reasonable effort to maintain a distance of at least 300 feet from any divers-down warning device. (6) A vessel other than a law-enforcement or rescue vessel that approaches within 100 feet of a divers-down warning device on a river, inlet, or navigation channel, or within 300 feet of a divers-down warning device on waters other than a river, inlet, or navigation channel, must proceed no faster than is necessary to maintain headway and steerageway. (7) A divers-down warning device may not be displayed once all divers are aboard or ashore. A person may not operate any vessel displaying a divers-down warning device unless the vessel has one or more divers in the water. (8) A divers-down warning device displayed from a vessel must be displayed from the highest point of the vessel or another location that ensures that the visibility of the divers-down warning device is not obstructed from any direction. (9) Except as provided in s. 327.33, a violation of this section is a noncriminal infraction punishable as provided in s. 327.73. 327.34 Incapacity of operator. It is unlawful for the owner of any vessel or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances. Nothing in this section shall be construed to prohibit operation of boats by paraplegics who are licensed to operate motor vehicles on the highways. 327.35 Boating under the influence; penalties; “designated drivers.” (1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired; (b) The person has a blood-alcohol level State Statutes 475 of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath. (2) (a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: 1. By a fine of: a. Not less than $500 or more than $1,000 for a first conviction. b. Not less than $1,000 or more than $2,000 for a second conviction; and 2. By imprisonment for: a. Not more than 6 months for a first conviction. b. Not more than 9 months for a second conviction. (b) 1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. 3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, the fine imposed for such fourth or subsequent violation may not be less than $2,000. (3) Any person: (a) Who is in violation of subsection (1); (b) Who operates a vessel; and (c) Who, by reason of such operation, causes or contributes to causing: 1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. Serious bodily injury to another, as defined in s. 327.353, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. The death of any human being commits BUI manslaughter, and commits: a. A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (I) At the time of the accident, the person knew, or should have known, that the accident occurred; and (II) The person failed to give information and render aid as required by s. 327.30. This sub-subparagraph does not require that the person knew that the accident resulted in injury or death. (4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vessel by a person under the age of 18 years, shall be punished: (a) By a fine of: 1. Not less than $1,000 or more than $2,000 for a first conviction. 2. Not less than $2,000 or more than $4,000 for a second conviction. 3. Not less than $4,000 for a third or subsequent conviction. (b) By imprisonment for: 1. Not more than 9 months for a first conviction. 2. Not more than 12 months for a second conviction. For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1)by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher. (5) In addition to any sentence or fine, the court shall place any offender convicted of violating this section on monthly reporting probation and shall require attendance at a substance abuse course specified by the court; and the agency conducting the course may refer the offender to an authorized service provider for substance abuse evaluation and treatment, in addition to any sentence or fine imposed under this section. The offender shall assume reasonable costs for such education, evaluation, and treatment, with completion of all such education, evaluation, and treatment being a condition of reporting probation. Treatment resulting from a psychosocial State Statutes 476 evaluation may not be waived without a supporting psychosocial evaluation conducted by an agency appointed by the court and with access to the original evaluation. The offender shall bear the cost of this procedure. The term “substance abuse” means the abuse of alcohol or any substance named or described in Schedules I-V of s. 893.03. (6) With respect to any person convicted of a violation of subsection (1), regardless of any other penalty imposed: (a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f). The total period of probation and incarceration may not exceed 1 year. (b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e)or paragraph (f). At least 48 hours of confinement must be consecutive. (c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f). At least 48 hours of confinement must be consecutive. (d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vessel. Within 7 business days after the date that the court issues the order of impoundment, and once again 30 business days before the actual impoundment or immobilization of the vessel, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vessel, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vessel. (e) A person who owns but was not operating the vessel when the offense occurred may submit to the court a police report indicating that the vessel was stolen at the time of the offense or documentation of having purchased the vessel after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vessel was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vessel, the order must be dismissed and the owner of the vessel will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing. (f) A person who owns but was not operating the vessel when the offense occurred, and whose vessel was stolen or who purchased the vessel after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vessel State Statutes 477 was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vessel, the order must be dismissed and the owner of the vessel will incur no costs. (g) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vessel or, if the vessel is leased or rented, by the person leasing or renting the vessel, unless the impoundment or immobilization order is dismissed. (h) The person who owns a vessel that is impounded or immobilized under this paragraph, or a person who has a lien of record against such a vessel and who has not requested a review of the impoundment pursuant to paragraph (e) or paragraph (f), may, within 10 days after the date that person has knowledge of the location of the vessel, file a complaint in the county in which the owner resides to determine whether the vessel was wrongfully taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the vessel released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of the costs and fees if the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vessel. At the time of release, after reasonable inspection, the owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vessel or to the contents of the vessel. (i) A defendant, in the court’s discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment. For the purposes of this section, any conviction for a violation of s. 316.193, a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028, or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section. (7) A conviction under this section does not bar any civil suit for damages against the person so convicted. (8) A person who is arrested for a violation of this section may not be released from custody: (a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired; (b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or (c) Until 8 hours have elapsed from the time the person was arrested. (9) Notwithstanding any other provision of this section, for any person convicted of a violation of subsection (1), in addition to the fines set forth in subsections (2) and (4), an additional fine of $60 shall be assessed and collected in the same manner as the fines set forth in subsections (2) and (4). All fines collected under this subsection shall be remitted by the clerk of the court to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Program Trust Fund and used for the purposes set forth in s. 381.79, after 5 percent is deducted therefrom by the clerk of the court for administrative costs. (10) It is the intent of the Legislature to encourage boaters to have a “designated driver” who does not consume alcoholic beverages. 327.352 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal. (1) (a) 1. The Legislature declares that the operation of a vessel is a privilege that must be exercised in a reasonable manner. In order to protect the public health and safety, it is essential that a lawful and effective means of reducing the incidence of boating while impaired or intoxicated be established. Therefore, any person who accepts the privilege extended by the laws of this state of operating a vessel within this state is, by so operating such vessel, deemed to have given his or her consent to submit State Statutes 478 to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was operating a vessel while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was operating the vessel within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in a civil penalty of $500, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and he or she has been previously fined for refusal to submit to any lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. 2. Any person who accepts the privilege extended by the laws of this state of operating a vessel within this state is, by so operating such vessel, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was operating a vessel while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was operating a vessel within this state while under the influence of chemical substances or controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her urine will result in a civil penalty of $500, and shall also be told that if he or she refuses to submit to a lawful test of his or her urine and he or she has been previously fined for refusal to submit to any lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to any other penalties. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. (b) 1. The blood-alcohol level must be based upon grams of alcohol per 100 milliliters of blood. The breath-alcohol level must be based upon grams of alcohol per 210 liters of breath. 2. An analysis of a person's breath, in order to be considered valid under this section, must have been performed substantially according to methods approved by the Department of Law Enforcement. Any insubstantial differences between approved techniques and actual testing procedures in any individual case do not render the test or test results invalid. 3. The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 322. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 322. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and State Statutes 479 322. The program shall: a. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments. b. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments. c. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments. d. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments. e. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments. f.Establish a procedure for the approval of breath test operator and agency inspector classes. g. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 322. h. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties. i. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120. j. Enforce compliance with the provisions of this section through civil or administrative proceedings. k. Make recommendations concerning any matter within the purview of this section, this chapter, chapter 316, or chapter 322. l. Promulgate rules for the administration and implementation of this section, including definitions of terms. m. Consult and cooperate with other entities for the purpose of implementing the mandates of this section. n. Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 322. o. Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 316 and 322. p. Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval. Nothing in this section shall be construed to supersede provisions in this chapter and chapters 316 and 322. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida. (c) Any person who accepts the privilege extended by the laws of this state of operating a vessel within this state is, by operating such vessel, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was operating a vessel while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term "other medical facility" includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. Any person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in a civil penalty of $500 and that a refusal to submit to a lawful test of his or her blood, if he or she has previously been fined for refusal to submit to any lawful test of his or her breath, urine, or blood, is a misdemeanor. The refusal to submit to a blood test upon the request of a law enforcement officer shall be admissible in evidence in any criminal proceeding. State Statutes 480 (d) If the arresting officer does not request a chemical or physical breath test of the person arrested for any offense allegedly committed while the person was operating a vessel while under the influence of alcoholic beverages or controlled substances, the person may request the arresting officer to have a chemical or physical test made of the arrested person's breath or a test of the urine or blood for the purpose of determining the alcoholic content of the person's blood or breath or the presence of chemical substances or controlled substances; and, if so requested, the arresting officer shall have the test performed. (e) 1. The tests determining the weight of alcohol in the defendant's blood or breath shall be administered at the request of a law enforcement officer substantially in accordance with rules of the Department of Law Enforcement. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. 2. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes. 3. The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person's blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of the test taken at the direction of the law enforcement officer. The law enforcement officer shall not interfere with the person's opportunity to obtain the independent test and shall provide the person with timely telephone access to secure the test, but the burden is on the person to arrange and secure the test at the person's own expense. 4. Upon the request of the person tested, full information concerning the results of the test taken at the direction of the law enforcement officer shall be made available to the person or his or her attorney. Full information is limited to the following: a. The type of test administered and the procedures followed. b. The time of the collection of the blood or breath sample analyzed. c. The numerical results of the test indicating the alcohol content of the blood and breath. d. The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test. e. If the test was administered by means of a breath testing instrument, the date of performance of the most recent required inspection of such instrument. Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument. 5. A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer does not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood or urine specimen, or the chemical or physical test of a person's breath pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted State Statutes 481 administration of the test. (2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or breath or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 327.35 upon request for such information. 327.35215 Penalty for failure to submit to test. (1) A person who is lawfully arrested for an alleged violation of s. 327.35 and who refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352 is subject to a civil penalty of $500. (2) When a person refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352, a law enforcement officer who is authorized to make arrests for violations of this chapter shall file with the clerk of the court, on a form provided by the department, a certified statement that probable cause existed to arrest the person for a violation of s. 327.35 and that the person refused to submit to a test as required by s. 327.352. Along with the statement, the officer must also submit a sworn statement on a form provided by the department that the person has been advised of both the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing. (3) A person who has been advised of the penalties pursuant to subsection (2) may, within 30 days afterwards, request a hearing before a county court judge. A request for a hearing tolls the period for payment of the civil penalty, and, if assessment of the civil penalty is sustained by the hearing and any subsequent judicial review, the civil penalty must be paid within 30 days after final disposition. The clerk of the court shall notify the department of the final disposition of all actions filed under this section. (4) It is unlawful for any person who has not paid a civil penalty imposed pursuant to this section, or who has not requested a hearing with respect to the civil penalty, within 30 calendar days after receipt of notice of the civil penalty to operate a vessel upon the waters of this state. Violation of this subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) Moneys collected by the clerk of the court pursuant to this section shall be disposed of in the following manner: (a) If the arresting officer was employed or appointed by a state law enforcement agency, the moneys shall be deposited into the Marine Resources Conservation Trust Fund and used to directly enhance the ability of law enforcement officers to perform law enforcement functions on state waters. (b) If the arresting officer was employed or appointed by a county or municipal law enforcement agency, the moneys shall be deposited into the law enforcement trust fund of that agency. 327.353 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. (1) (a) If a law enforcement officer has probable cause to believe that a vessel operated by a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person operating or in actual physical control of the vessel to submit to a test of the person's blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893. The law enforcement officer may use reasonable force if necessary to require the person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Notwithstanding s. 327.352, the testing required by this paragraph need not be incidental to a lawful arrest of the person. (b) The term "serious bodily injury" means an injury to any person, including the operator, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (2) (a) Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to State Statutes 482 draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood shall not affect the admissibility of a test of blood withdrawn for medical purposes. (b) A chemical analysis of the person's blood to determine the alcoholic content thereof must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits that are subject to termination or revocation at the discretion of the department. Insubstantial differences between approved methods or techniques and actual testing procedures, or any insubstantial defects concerning the permit issued by the department, in any individual case, do not render the test or test results invalid. (c) A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer shall not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood specimen pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test. (3) (a) Any criminal charge resulting from the incident giving rise to the officer's demand for testing shall be tried concurrently with a charge of any violation arising out of the same incident, unless, in the discretion of the court, such charges should be tried separately. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which gave rise to the demand for testing. (b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance. (4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 327.35 upon request for such information. 327.354 Presumption of impairment; testing methods. (1) It is unlawful and punishable as provided in s. 327.35 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to operate any vessel within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life. (2) At the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating a vessel while under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties were impaired or to the extent that he or she was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 327.352 or s. 327.353 and this section are admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood or breath at the time alleged, as shown by chemical analysis of the person's blood, or by chemical or physical test of the person's breath, gives rise to the following presumptions: (a) If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her State Statutes 483 normal faculties were impaired. (b) If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Any person who operates a vessel and who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of operating a vessel with an unlawful blood-alcohol level or breath-alcohol level. The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (3) A chemical analysis of a person's blood to determine alcoholic content or a chemical or physical test of a person's breath, in order to be considered valid under this section, must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Insubstantial differences between approved techniques and actual testing procedures or insubstantial defects concerning the permit issued by the department, in any individual case, do not render the test or test results invalid. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits subject to termination or revocation in accordance with rules adopted by the department. (4) Any person charged with a violation of s. 327.35 is entitled to trial by jury according to the Florida Rules of Criminal Procedure. (5) An affidavit containing the results of any test of a person's blood or breath to determine its alcohol content, as authorized by s. 327.352 or s. 327.353, is admissible in evidence under the exception to the hearsay rule in s. 90.803(8) for public records and reports. The affidavit is admissible without further authentication and is presumptive proof of the results of an authorized test to determine alcohol content of the blood or breath if the affidavit discloses: (a) The type of test administered and the procedures followed; (b) The time of the collection of the blood or breath sample analyzed; (c) The numerical results of the test indicating the alcohol content of the blood or breath; (d) The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test; and (e) If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance on such instrument. The Department of Law Enforcement shall provide a form for the affidavit. Admissibility of the affidavit does not abrogate the right of the person tested to subpoena the person who administered the test for examination as an adverse witness at a civil or criminal trial or other proceeding. 327.355 Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages. (1) (a) Notwithstanding s. 327.35, it is unlawful for a person under the age of 21 who has a breath-alcohol level of 0.02 or higher to operate or be in actual physical control of a vessel. (b) A law enforcement officer who has probable cause to believe that a vessel is being operated by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any breath-alcohol level may lawfully detain such a person and may request that person to submit to a test to determine his or her breath-alcohol level. If the person under the age of 21 refuses to submit to such testing, the law enforcement officer shall warn the person that failure to submit to the breath test will result in the required performance of 50 hours of public service and that his or her vessel operating privilege will be suspended until the public service is performed. Failure or refusal to submit to a breath test after this warning is a violation of this section. (2) Any person under the age of 21 who State Statutes 484 accepts the privilege extended by the laws of this state of operating a vessel upon the waters of this state, by so operating such vessel, is deemed to have expressed his or her consent to the provisions of this section. (3) A breath test to determine breath-alcohol level pursuant to this section may be conducted as authorized by s. 316.1932 or s. 327.352, or by a preliminary alcohol screening test device listed in the United States Department of Transportation’s conforming-product list of evidential breath-measurement devices. The reading from such a device is admissible in evidence in any trial or hearing. (4) A violation of this section is a noncriminal infraction, and being detained pursuant to this section does not constitute an arrest. This section does not bar prosecution under s. 327.35, and the penalties provided herein shall be imposed in addition to any other penalty provided for boating under the influence or for refusal to submit to testing. (5) A person convicted of a violation of subsection (1) shall be ordered by the court to: (a) Participate in public service or a community work project for a minimum of 50 hours; (b) Refrain from operating any vessel until the 50 hours of public service or community work has been performed; and (c) Enroll in, attend, and successfully complete, at his or her own expense, a classroom or online boating safety course that meets minimum standards established by commission rule. (6) For the purposes of this section, “conviction” means a finding of guilt or the acceptance of a plea of guilty or nolo contendere, regardless of whether or not adjudication was withheld. Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold imposition of sentence for any violation of this section. Any person who operates any vessel on the waters of this state while his or her vessel operating privilege is suspended pursuant to this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 327.359 Refusal to submit to testing; penalties. Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 327.352, and who has been previously fined for refusal to submit to a lawful test of his or her breath, urine, or blood, and: (1) Who the arresting law enforcement officer had probable cause to believe was operating or in actual physical control of a vessel in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances; (2) Who was placed under lawful arrest for a violation of s. 327.35 unless such test was requested pursuant to s. 327.352(1)(c); (3) Who was informed that if he or she refused to submit to such test he or she is subject to a fine of $500; (4) Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if he or she has been previously fined for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and (5) Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083. 327.36 Mandatory adjudication; prohibition against accepting plea to lesser included offense. (1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for manslaughter resulting from the operation of a vessel, or for vessel homicide. (2) (a) No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.15 or more. (b) A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide. 327.37 Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and moored ballooning regulated. (1)(a) A person may not operate a vessel on any waters of this state towing a person on water skis, or an aquaplane, or similar device unless there is in such vessel a person, in addition to the operator, in a State Statutes 485 position to observe the progress of the person being towed, or the vessel is equipped with a wide-angle rear view mirror mounted in such manner as to permit the operator of the vessel to observe the progress of the person being towed. This subsection does not apply to class A motorboats operated by the person being towed and designed to be incapable of carrying the operator in the motorboat. (b) A person may not operate a vessel on any waters of this state towing a person attached to a parasail or similar device unless there is a person in the vessel, in addition to the operator, in a position to observe the progress of the person being towed. A wide-angle rear view mirror is not acceptable for this purpose. (2)(a) A person may not engage in water skiing, parasailing, aquaplaning, or any similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. (b) A person may not engage in water skiing, parasailing, aquaplaning, or any similar activity unless such person is wearing a noninflatable personal flotation device currently approved by the United States Coast Guard and used in accordance with the United States Coast Guard approval label. (3) The provisions of subsections (1) and (2) do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an official regatta, boat race, marine parade, tournament, or exhibition held pursuant to s. 327.48. (4) A person may not operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, parasail, aquaplane, innertube, sled, or similar device may be affected or controlled, in such a way as to cause the water skis, parasail, aquaplane, innertube, sled, or similar device or any person thereon to collide or strike against or be likely to collide or strike against any vessel, bridge, wharf, pier, dock, buoy, platform, piling, channel marker, or other object, except slalom buoys, ski jumps, or like objects used normally in competitive or recreational skiing. (5) A person may not operate any vessel towing a parasail or engage in parasailing or moored ballooning within 100 feet of the marked channel of the Florida Intracoastal Waterway or within 2 miles of the boundary of any airport unless otherwise permitted under federal law. (6) A person may not engage in kiteboarding or kitesurfing within an area that extends 1 mile in a direct line along the centerline of an airport runway and that has a width measuring one-half mile unless otherwise permitted under federal law. 327.38 Skiing prohibited while intoxicated or under influence of drugs. No person shall manipulate any water skis, aquaplane, or similar device from a vessel while intoxicated or under the influence of any narcotic drug, barbiturate, or marihuana, to the extent that the person's normal faculties are impaired. 327.39 Personal watercraft regulated. (1) A person may not operate a personal watercraft unless each person riding on or being towed behind such vessel is wearing a personal flotation device, other than an inflatable device, currently approved by the United States Coast Guard and used in accordance with the United States Coast Guard approval label. (2) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach such lanyard to his or her person, clothing, or personal flotation device as is appropriate for the specific vessel. (3) A person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise. However, an agent or employee of a fire or emergency rescue service is exempt from this subsection while performing his or her official duties. (4) A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, and swerving at the last possible moment to avoid collision shall constitute reckless operation of a vessel, as provided in s. 327.33(1). Any person operating a personal watercraft must comply with the provisions of s. 327.33. (5) No person under the age of 14 shall operate any personal watercraft on the waters of this state. (6)(a) It is unlawful for the owner of any personal watercraft or any person having State Statutes 486 charge over or control of a personal watercraft to authorize or knowingly permit the same to be operated by a person under 14 years of age in violation of this section. (b) 1. It is unlawful for the owner of any leased, hired, or rented personal watercraft, or any person having charge over or control of a leased, hired, or rented personal watercraft, to authorize or knowingly permit the watercraft to be operated by any person who has not received instruction in the safe handling of personal watercraft, in compliance with rules established by the commission. 2. Any person receiving instruction in the safe handling of personal watercraft pursuant to a program established by rule of the commission must provide the owner of, or person having charge of or control over, a leased, hired, or rented personal watercraft with a written statement attesting to the same. 3. The commission shall have the authority to establish rules pursuant to chapter 120 prescribing the instruction to be given, which shall take into account the nature and operational characteristics of personal watercraft and general principles and regulations pertaining to boating safety. (c) Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (7) This section does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with s. 327.48. 327.391Airboats regulated. (1) The exhaust of every internal combustion engine used on any airboat operated on the waters of this state shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as described in s. 327.02(30). The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in subsection (4). Any person who violates this subsection commits a noncriminal infraction punishable as provided in s. 327.73(1). (2) An airboat operator cited for an infraction of subsection (1)may not operate the airboat until a muffler as defined in s. 327.02 is installed. (3) An airboat may not operate on the waters of the state unless it is equipped with a mast or flagpole bearing a flag at a height of at least 10 feet above the lowest portion of the vessel. The flag must be square or rectangular, at least 10 inches by 12 inches in size, international orange in color, and displayed so that the visibility of the flag is not obscured in any direction. Any person who violates this subsection commits a noncriminal infraction punishable as provided in s. 327.73(1). (4) This section does not apply to a person participating in an event for which a permit is required, or of which notice must be given, under s. 327.48. 327.40 Uniform waterway markers. (1) Waters of this state shall be marked only in conformity with the United States Aids to Navigation System, 33 C.F.R. part 62. (2) (a) Application for marking inland lakes and state waters and any navigable waters under concurrent jurisdiction of the Coast Guard and the division shall be made to the division, accompanied by a map locating the approximate placement of markers, a list of the markers to be placed, a statement of the specification of the markers, a statement of the purpose of marking, and the names of persons responsible for the placement and upkeep of such markers. The division will assist the applicant to secure the proper permission from the Coast Guard where required, make such investigations as needed, and issue a permit. The division shall furnish the applicant with the information concerning the system adopted and the rules existing for placing and maintaining the markers. The division shall keep records of all approvals given and counsel with individuals, counties, municipalities, motorboat clubs, or other groups desiring to mark waterways for safety and navigation purposes in Florida. (b) 1. No person or municipality, county, or other governmental entity shall place any uniform waterway marker in, on, or over the waters or shores of the state without a permit from the division. 2. The placement of information markers by counties, municipalities, or other governmental entities on inland lakes and their associated canals are exempt from permitting under this section. (c) The commission is authorized to adopt State Statutes 487 rules pursuant to chapter 120 to implement this section. (3) The placement under this section or s. 327.41 of any uniform waterway marker on state submerged lands does not subject such lands to the lease requirements of chapter 253. 327.41 Uniform waterway regulatory markers. (1) The commission shall adopt rules pursuant to chapter 120 establishing a uniform system of regulatory markers for the waters of the state, compatible with the system of regulatory markers prescribed by the United States Coast Guard in the United States Aids to Navigation System, 33 C.F.R. part 62. (2) Any county or municipality which has been granted a boating-restricted area designation, by rule of the commission pursuant to s. 327.46(1)(a), for a portion of the Florida Intracoastal Waterway within its jurisdiction or which has adopted a boating-restricted area by ordinance pursuant to s. 327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other governmental entity which has legally established a boating-restricted area, may apply to the commission for permission to place regulatory markers within the boating-restricted area. (3) Application for placing regulatory markers in the waters of the state shall be made to the division as provided in s. 327.40. (4) No person or municipality, county, or other governmental entity shall place any regulatory markers in, on, or over the waters of the state or the shores thereof without a permit from the division pursuant to s. 327.40. (5) Aquaculture leaseholds shall be marked as required by this section, and the commission may approve alternative marking requirements as a condition of the lease pursuant to s. 253.68. The provisions of this section notwithstanding, no permit shall be required for the placement of markers required by such a lease. (6) The commission is authorized to adopt rules pursuant to chapter 120 to implement this section. 327.42 Mooring to or damaging of uniform waterway markers prohibited. (1) No person shall moor or fasten a vessel to a lawfully placed uniform waterway marker, except in case of emergency or with the written consent of the marker's owner. (2) No person shall willfully damage, alter, or move a lawfully placed uniform waterway marker. 327.44 Interference with navigation; relocation or removal; recovery of costs. (1) As used in this section, the term: (a) “Gross negligence” means conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the safety of the property exposed to such conduct. (b) “Willful misconduct” means conduct evidencing carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the interests of the vessel owner. (2) A person may not anchor, moor, or allow to be anchored or moored, except in case of emergency, or operate a vessel or carry on any prohibited activity in a manner which unreasonably or unnecessarily constitutes a navigational hazard or interference with another vessel. Anchoring or mooring under bridges or in or adjacent to heavily traveled channels constitutes interference if unreasonable under the prevailing circumstances. (3) The commission, officers of the commission, and any law enforcement agency or officer specified in s. 327.70 are authorized and empowered to relocate, remove, or cause to be relocated or removed a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel. The commission, officers of the commission, or any other law enforcement agency or officer acting under this subsection to relocate, remove, or cause to be relocated or removed a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or willful misconduct. (4) A contractor performing relocation or removal activities at the direction of the commission, officers of the commission, or a law enforcement agency or officer pursuant to this section must be licensed in accordance with applicable United States Coast Guard regulations where required; obtain and carry in full force and effect a policy from a licensed insurance carrier in State Statutes 488 this state to insure against any accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor’s actions; and be properly equipped to perform the services to be provided. (5) All costs, including costs owed to a third party, incurred by the commission or other law enforcement agency in the relocation or removal of a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel are recoverable against the vessel owner. The Department of Legal Affairs shall represent the commission in actions to recover such costs. 327.46 Boating-restricted areas. (1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned submerged lands. (a) The commission may establish boating-restricted areas by rule pursuant to chapter 120. (b) Municipalities and counties have the authority to establish the following boating-restricted areas by ordinance: 1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width. b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. 2. An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. 3. An ordinance establishing a vessel-exclusion zone if the area is: a. Designated as a public bathing beach or swim area. b. Within 300 feet of a dam, spillway, or flood control structure. (c) Municipalities and counties have the authority to establish by ordinance the following other boating-restricted areas: 1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. 2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is: a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. b. Subject to unsafe levels of vessel traffic congestion. c. Subject to hazardous water levels or currents, or containing other navigational hazards. d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety. 3. An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively: a. As a canoe trail or otherwise limited to vessels under oars or under sail. b. For a particular activity and user group separation must be imposed to protect the State Statutes 489 safety of those participating in such activity. Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission’s action on the application shall be subject to review under chapter 120. The commission shall initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph. (d) Owners of private submerged lands that are adjacent to Outstanding Florida Waters, as defined in s. 403.061(27), or an aquatic preserve established under ss. 258.39-258.399 may request that the commission establish boating-restricted areas solely to protect any seagrass and contiguous seagrass habitat within their private property boundaries from seagrass scarring due to propeller dredging. Owners making a request pursuant to this paragraph must demonstrate to the commission clear ownership of the submerged lands. The commission shall adopt rules to implement this paragraph, including, but not limited to, establishing an application process and criteria for meeting the requirements of this paragraph. Each approved boating-restricted area shall be established by commission rule. For marking boating-restricted zones established pursuant to this paragraph, owners of privately submerged lands shall apply to the commission for a uniform waterway marker permit in accordance with ss. 327.40 and 327.41, and shall be responsible for marking the boating-restricted zone in accordance with the terms of the permit. (e) As used in this section, the term “seagrass” has the same meaning as in s. 253.04. (2) Each such boating-restricted area shall be developed in consultation and coordination with the governing body of the county or municipality in which the boating-restricted area is located and, when the boating-restricted area is to be on the navigable waters of the United States, with the United States Coast Guard and the United States Army Corps of Engineers. (3) It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity, as defined in this chapter, within a boating-restricted area which has been clearly marked by regulatory markers as authorized under this chapter. (4) Restrictions in a boating-restricted area established pursuant to this section shall not apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity. 327.461 Safety zones, security zones, regulated navigation areas, and naval vessel protection zones; prohibited entry; penalties. (1) (a) A person may not knowingly operate a vessel, or authorize the operation of a vessel, in violation of the restrictions of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as defined in and established pursuant to 33 C.F.R. part 165. (b) The intent of this section is to provide for state and local law enforcement agencies to operate in federally designated exclusion zones specified in paragraph (a). State and local law enforcement personnel may enforce these zones at the request of a federal authority if necessary to augment federal law enforcement efforts and if there is a compelling need to protect the residents and infrastructure of this state. Requests for state and local law enforcement personnel to enforce these zones must be made to the Department of Law Enforcement through the Florida Mutual Aid Plan described in s. 23.1231. (2) A person who knowingly operates a vessel, or authorizes the operation of a vessel, in violation of the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. State Statutes 490 (3) A person who continues to operate, or authorize the operation of, a vessel in violation of the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after being warned against doing so, or who refuses to leave or otherwise cease violating the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after having been ordered to do so by a law enforcement officer or by competent military authority, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who knowingly enters a safety zone, security zone, regulated navigation area, or naval vessel protection zone by swimming, diving, wading, or other similar means commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) A person who remains within or reenters such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after being warned not to do so, or who refuses to leave or otherwise cease violating such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after having been ordered to do so by a law enforcement officer or by competent military authority, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Each incursion into such a safety zone, security zone, regulated navigation area, or naval vessel protection zone is considered a separate offense. (7) An entry into such a safety zone, security zone, regulated navigation area, or naval vessel protection zone that has been authorized by the captain of the port or the captain's designee is not a violation of this section. 327.48 Regattas, races, marine parades, tournaments, or exhibitions. Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States. A person directing any such affair in any county shall notify the sheriff of the county or the Fish and Wildlife Conservation Commission at least 15 days prior to any event in order that appropriate arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water. 327.50 Vessel safety regulations; equipment and lighting requirements. (1)(a) The owner and operator of every vessel on the waters of this state shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by the department. (b) A person may not operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a personal flotation device currently approved by the United States Coast Guard and used in accordance with the United States Coast Guard approval label while such vessel is underway. For the purpose of this section, “underway” means at all times except when a vessel is anchored, moored, made fast to the shore, or aground. (2) No person shall operate a vessel on the waters of this state unless said vessel is equipped with properly serviceable lights and shapes required by the navigation rules. (3) The use of sirens or flashing, occulting, or revolving lights on any vessel is prohibited, except as expressly provided in the navigation rules or annexes thereto. 327.52 Maximum loading and horsepower. (1) Except for sailboats, canoes, kayaks, and inflatable boats, this section applies to all monohull motorboats less than 20 feet in length that are: manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter's noncommercial use; or engaged in the carrying of six or fewer passengers for hire. (2) No person shall sell or offer for sale any vessel described in subsection (1) unless said vessel displays the maximum capacity information as prescribed in 33 C.F.R. part 183. This shall not apply to resales, but it is the intent of this section to require dealers and manufacturers to furnish this information upon the original sale. (3) No person shall operate any vessel described in subsection (1) when said vessel exceeds the maximum weight State Statutes 491 capacity, maximum persons capacity, or maximum horsepower capacity. If no maximum capacity information is displayed, the capacities shall be calculated as provided in 33 C.F.R. part 183, subparts C and D. This subsection shall not preclude the finding of reckless operation under s. 327.33(1) when a vessel is operated in a grossly overloaded or overpowered condition. 327.53 Marine sanitation. (1) Every vessel 26 feet or more in length which has an enclosed cabin with berthing facilities shall, while on the waters of the state, be equipped with a toilet. On a vessel other than a houseboat, the toilet may be portable or permanently installed. Every permanently installed toilet shall be properly attached to the appropriate United States Coast Guard certified or labeled marine sanitation device. (2) Every houseboat shall be equipped with at least one permanently installed toilet which shall be properly connected to a United States Coast Guard certified or labeled Type III marine sanitation device. If the toilet is simultaneously connected to both a Type III marine sanitation device and to another approved marine sanitation device, the valve or other mechanism selecting between the two marine sanitation devices shall be set to direct all sewage to the Type III marine sanitation device and, while the vessel is on the waters of the state, shall be locked or otherwise secured by the boat operator, so as to prevent resetting. (3) Every floating structure that has an enclosed living space with berthing facilities, or working space with public access, must be equipped with a permanently installed toilet properly connected to a Type III marine sanitation device or permanently attached via plumbing to shoreside sewage disposal. No structure shall be plumbed so as to permit the discharge of sewage into the waters of the state. (4) (a) Raw sewage shall not be discharged from any vessel, including houseboats, or any floating structure in Florida waters. The operator of any vessel which is plumbed so that a toilet may be flushed directly into the water or so that a holding tank may be emptied into the water shall, while the vessel is on the waters of the state, set the valve or other mechanism directing the sewage so as to prevent direct discharge and lock or otherwise secure the valve so as to prevent resetting. (b) All waste from Type III marine sanitation devices shall be disposed in an approved sewage pumpout facility. (c) All waste from portable toilets shall be disposed in an approved waste reception facility. (5) Every vessel owner, operator, and occupant shall comply with United States Coast Guard regulations pertaining to marine sanitation devices and with United States Environmental Protection Agency regulations pertaining to areas in which the discharge of sewage, treated or untreated, is prohibited. (6) (a) A violation of this section is a noncriminal infraction as provided in s. 327.73. Each violation shall be a separate offense. The owner and operator of any vessel shall be jointly and severally liable for the civil penalty imposed pursuant to this section. (b) All civil penalties imposed and collected pursuant to this section shall be deposited in the Marine Resources Conservation Trust Fund and shall be used: to implement, administer, and enforce this act; to construct, renovate, or operate pumpout stations and waste reception facilities; and to conduct a program to educate vessel operators about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. (7) Any vessel or floating structure operated or occupied on the waters of the state in violation of this section is declared a nuisance and a hazard to public safety and health. The owner or operator of any vessel or floating structure cited for violating this section shall, within 30 days following the issuance of the citation, correct the violation for which the citation was issued or remove the vessel or floating structure from the waters of the state. If the violation is not corrected within the 30 days and the vessel or floating structure remains on the waters of the state in violation of this section, law enforcement officers charged with the enforcement of this chapter under s. 327.70 shall apply to the appropriate court in the county in which the vessel or floating structure is located, to order or otherwise cause the removal of such vessel or floating structure from the waters of the state at the owner's expense. If the owner cannot be found or otherwise fails to pay the removal costs, the provisions of s. 328.17 shall State Statutes 492 apply. If the proceeds under s. 328.17 are not sufficient to pay all removal costs, funds appropriated from the Marine Resources Conservation Trust Fund pursuant to paragraph (6)(b) or s. 328.72(16) may be used. 327.54 Liveries; safety regulations; penalty. (1) A livery may not knowingly lease, hire, or rent a vessel to any person: (a) When the number of persons intending to use the vessel exceeds the number considered to constitute a maximum safety load for the vessel as specified on the authorized persons capacity plate of the vessel. (b) When the horsepower of the motor exceeds the capacity of the vessel. (c) When the vessel does not contain the required safety equipment required under s. 327.50. (d) When the vessel is not seaworthy. (e) When the vessel is equipped with a motor of 10 horsepower or greater, unless the livery provides prerental or preride instruction that includes, but need not be limited to: 1. Operational characteristics of the vessel to be rented. 2. Safe vessel operation and vessel right-of-way. 3. The responsibility of the vessel operator for the safe and proper operation of the vessel. 4. Local characteristics of the waterway where the vessel will be operated. Any person delivering the information specified in this paragraph must have successfully completed a boater safety course approved by the National Association of State Boating Law Administrators and this state. (f) Unless the livery displays boating safety information in a place visible to the renting public. The commission shall prescribe by rule pursuant to chapter 120, the contents and size of the boating safety information to be displayed. (2) A livery may not knowingly lease, hire, or rent any vessel powered by a motor of 10 horsepower or greater to any person who is required to comply with s. 327.395, unless such person presents to the livery photographic identification and a valid boater safety identification card as required under s. 327.395(1), or meets the exemption provided under s. 327.395(6)(f). (3) If a vessel is unnecessarily overdue, the livery shall notify the proper authorities. (4)(a) A livery may not knowingly lease, hire, or rent a personal watercraft to any person who is under 18 years of age. (b) A livery may not knowingly lease, hire, or rent a personal watercraft to any person who has not received instruction in the safe handling of personal watercraft, in compliance with rules established by the commission pursuant to chapter 120. (c) Any person receiving instruction in the safe handling of personal watercraft pursuant to a program established by rule of the commission must provide the livery with a written statement attesting to the same. (5) A livery may not lease, hire, or rent any personal watercraft or offer to lease, hire, or rent any personal watercraft unless the livery first obtains and carries in full force and effect a policy from a licensed insurance carrier in this state, insuring against any accident, loss, injury, property damage, or other casualty caused by or resulting from the operation of the personal watercraft. The insurance policy shall provide coverage of at least $500,000 per person and $1 million per event. The livery must have proof of such insurance available for inspection at the location where personal watercraft are being leased, hired, or rented, or offered for lease, hire, or rent, and shall provide to each renter the insurance carrier’s name and address and the insurance policy number. (6) Any person convicted of violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 327.56 Safety and marine sanitation equipment inspections; qualified. (1) No officer shall board any vessel to make a safety or marine sanitation equipment inspection if the owner or operator is not aboard. When the owner or operator is aboard, an officer may board a vessel with consent or when the officer has probable cause or knowledge to believe that a violation of a provision of this chapter has occurred or is occurring. An officer may board a vessel when the operator refuses or is unable to display the safety or marine sanitation equipment required by law, if requested to do so by a law enforcement officer, or when the safety or marine sanitation equipment to be inspected is permanently installed and is not visible for inspection unless the officer boards the vessel. State Statutes 493 (2) Inspection of floating structures for compliance with this section shall be as provided in s. 403.091. 327.59 Marina evacuations. (1) After June 1, 1994, marinas may not adopt, maintain, or enforce policies pertaining to evacuation of vessels which require vessels to be removed from marinas following the issuance of a hurricane watch or warning, in order to ensure that protecting the lives and safety of vessel owners is placed before interests of protecting property. (2) Nothing in this section may be construed to restrict the ability of an owner of a vessel or the owner's authorized representative to remove a vessel voluntarily from a marina at any time or to restrict a marina owner from dictating the kind of cleats, ropes, fenders, and other measures that must be used on vessels as a condition of use of a marina. After a tropical storm or hurricane watch has been issued, a marina owner or operator, or an employee or agent of such owner or operator, may take reasonable actions to further secure any vessel within the marina to minimize damage to a vessel and to protect marina property, private property, and the environment and may charge a reasonable fee for such services. (3) Notwithstanding any other provisions of this section, in order to minimize damage to a vessel and to protect marina property, private property, and the environment, a marina owner may provide by contract that in the event a vessel owner fails to promptly remove a vessel from a marina after a tropical storm or hurricane watch has been issued, the marina owner, operator, employee, or agent may remove the vessel, if reasonable, from its slip or take whatever reasonable actions are deemed necessary to properly secure a vessel to minimize damage to a vessel and to protect marina property, private property, and the environment and may charge the vessel owner a reasonable fee for any such services rendered. In order to add such a provision to a contract, the marina owner must provide notice to the vessel owner in any such contract in a font size of at least 10 points and in substantially the following form: NOTICE TO VESSEL OWNER The undersigned hereby informs you that in the event you fail to remove your vessel from the marina promptly (timeframe to be determined between the marina owner or operator and the vessel owner) after the issuance of a tropical storm or hurricane watch for (insert geographic area), Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. (4) A marina owner, operator, employee, or agent shall not be held liable for any damage incurred to a vessel from storms or hurricanes and is held harmless as a result of such actions. Nothing in this section may be construed to provide immunity to a marina operator, employee, or agent for any damage caused by intentional acts or negligence when removing or securing a vessel as permitted under this section. 327.60 Local regulations; limitations. (1) The provisions of this chapter and chapter 328 shall govern the operation, equipment, and all other matters relating thereto whenever any vessel shall be operated upon the waters of this state or when any activity regulated hereby shall take place thereon. (2) This chapter and chapter 328 do not prevent the adoption of any ordinance or local regulation relating to operation of vessels, except that a county or municipality may not enact, continue in effect, or enforce any ordinance or local regulation: (a) Establishing a vessel or associated equipment performance or other safety standard, imposing a requirement for associated equipment, or regulating the carrying or use of marine safety articles; (b) Relating to the design, manufacture, or installation of any marine sanitation device on any vessel, except as authorized in subsection (4); (c) Regulating any vessel upon the Florida Intracoastal Waterway; (d) Discriminating against personal watercraft; (e) Discriminating against airboats, for ordinances adopted after July 1, 2006, unless adopted by a two-thirds vote of the governing body enacting such ordinance; (f) Regulating the anchoring of vessels outside the marked boundaries of mooring fields permitted as provided in s. 327.40, except for: 1. Live-aboard vessels; and 2. Commercial vessels, excluding State Statutes 494 commercial fishing vessels; (g) Regulating engine or exhaust noise, except as provided in s. 327.65; or (h) That conflicts with any provisions of this chapter or any amendments thereto or rules adopted thereunder. (3) This section does not prohibit local governmental authorities from the enactment or enforcement of regulations that prohibit or restrict the mooring or anchoring of floating structures, live-aboard vessels, or commercial vessels, excluding commercial fishing vessels, within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40. (4) (a) A local government may enact and enforce regulations that require owners or operators of vessels or floating structures subject to the marine sanitation requirements of s. 327.53 to provide proof of proper sewage disposal by means of an approved sewage pumpout service, approved sewage pumpout facility, or approved waste reception facility when anchored or moored for more than 10 consecutive days within the following areas: 1. Marked boundaries of a permitted mooring field under the jurisdiction of the local government; 2. No-discharge zones as published in Volume 53, No. 13 of the Federal Register, page 1678 (1988); Volume 64, No. 164 of the Federal Register, pages 46390-46391 (1999); and Volume 67, No. 98 of the Federal Register, pages 35735-35743 (2002); or 3. No-discharge zones established pursuant to 40 C.F.R. s. 1700.10. (b) Before a local government may adopt an ordinance to enact and enforce such regulations, the local government must ensure that there are approved sewage pumpout services, approved sewage pumpout facilities, or approved waste reception facilities available within its jurisdiction. Any ordinance adopted pursuant to this subsection may not take effect until reviewed and approved as consistent with this subsection by the commission. (c) This subsection does not prohibit a local government from enacting or enforcing such sewage pumpout requirements for live-aboard vessels, floating structures, and commercial vessels, excluding commercial fishing vessels, within any areas of its jurisdiction. (d) The commission may adopt rules to implement this subsection. (5) A local government may enact and enforce regulations to implement the procedures for abandoned or lost property that allow the local law enforcement agency to remove a vessel affixed to a public dock within its jurisdiction that is abandoned or lost property pursuant to s. 705.103(1). Such regulation must require the local law enforcement agency to post a written notice at least 24 hours before removing the vessel. 327.65 Muffling devices. (1) The exhaust of every internal combustion engine used on any vessel operated on the waters of this state shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race, and for such vessels while on trial runs. (2) (a) Any county wishing to impose additional noise pollution and exhaust regulations on vessels may, pursuant to s. 327.60(2), adopt by county ordinance the following regulations: 1. No person shall operate or give permission for the operation of any vessel on the waters of any county or on a specified portion of the waters of any county, including the Florida Intracoastal Waterway, which has adopted the provisions of this section in such a manner as to exceed the following sound levels at a distance of 50 feet from the vessel: for all vessels, a maximum sound level of 90 dB A. 2. Any person who refuses to submit to a sound level test when requested to do so by a law enforcement officer is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection. 1. "dB A" means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel. 2. "Sound level" means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National State Statutes 495 Standards Institute, Inc., or its successor bodies, except that only a weighting and fast dynamic response need be provided. 327.66 Carriage of gasoline on vessels. (1) (a) A person shall not: 1. Possess or operate any vessel that has been equipped with tanks, bladders, drums, or other containers designed or intended to hold gasoline, or install or maintain such containers in a vessel, if such containers do not conform to federal regulations or have not been approved by the United States Coast Guard by inspection or special permit. 2. Transport any gasoline in an approved portable container when the container is in a compartment that is not ventilated in strict compliance with United States Coast Guard regulations pertaining to ventilation of compartments containing gasoline tanks. (b) A person who violates paragraph (a) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) (a) Gasoline possessed or transported in violation of this section and all containers holding such gasoline are declared to be a public nuisance. A law enforcement agency discovering gasoline possessed or transported in violation of paragraph (1)(a) shall abate the nuisance by removing the gasoline and containers from the vessel and from the waters of this state. A law enforcement agency that removes gasoline or containers pursuant to this subsection may elect to: 1. Retain the property for the agency's own use; 2. Transfer the property to another unit of state or local government; 3. Donate the property to a charitable organization; or 4. Sell the property at public sale pursuant to s. 705.103. (b) A law enforcement agency that seizes gasoline or containers pursuant to this subsection shall remove and reclaim, recycle, or otherwise dispose of the gasoline as soon as practicable in a safe and proper manner. (3) All conveyances, vessels, vehicles, and other equipment described in paragraph (1)(a) or used in the commission of a violation of paragraph (1)(a), other than gasoline or containers removed as provided in subsection (2), are declared to be contraband. (a) Upon conviction of a person arrested for a violation of paragraph (1)(a), the judge shall issue an order adjudging and ordering that all conveyances, vessels, vehicles, and other equipment used in the violation shall be forfeited to the arresting agency. The requirement for a conviction before forfeiture of property establishes to the exclusion of any reasonable doubt that the property was used in connection with the violation resulting in the conviction, and the procedures of chapter 932 do not apply to any forfeiture of property under this subsection following a conviction. (b) In the absence of an arrest or conviction, any such conveyance, vessel, vehicle, or other equipment used in violation of paragraph (1)(a) shall be subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act. (c) As used in this subsection, the term "conviction" means a finding of guilt or the acceptance of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended. (4) All costs incurred by the law enforcement agency in the removal of any gasoline, gasoline container, other equipment, or vessel as provided in this section shall be recoverable against the owner thereof. Any person who neglects or refuses to pay such amount shall not be issued a certificate of registration for such vessel or for any other vessel or motor vehicle until the costs have been paid. (5) Foreign flagged vessels entering United States waters and waters of this state in compliance with 19 U.S.C. s. 1433 are exempt from this section. 327.70 Enforcement of this chapter and chapter 328. (1) This chapter and chapter 328 shall be enforced by the Division of Law Enforcement of the Fish and Wildlife Conservation Commission and its officers, the sheriffs of the various counties and their deputies, municipal police officers, and any other law enforcement officer as defined in s. 943.10, all of whom may order the removal of vessels deemed to be an interference or a hazard to public safety, enforce the provisions of this chapter and chapter 328, or cause any inspections to be made of all vessels in accordance with this chapter and chapter 328. State Statutes 496 (2) (a) Upon demonstrated compliance with the safety equipment carriage and use requirements of this chapter during a safety inspection initiated by a law enforcement officer, the operator of a vessel shall be issued a safety inspection decal signifying that the vessel is deemed to have met the safety equipment carriage and use requirements of this chapter at the time and location of such inspection. The safety inspection decal, if displayed, must be located within 6 inches of the inspected vessel’s properly displayed vessel registration decal. For nonmotorized vessels that are not required to be registered, the safety inspection decal, if displayed, must be located above the waterline on the forward half of the port side of the vessel. (b) If a vessel properly displays a valid safety inspection decal created or approved by the division, a law enforcement officer may not stop the vessel for the sole purpose of inspecting the vessel for compliance with the safety equipment carriage and use requirements of this chapter unless there is reasonable suspicion that a violation of a safety equipment carriage or use requirement has occurred or is occurring. This subsection does not restrict a law enforcement officer from stopping a vessel for any other lawful purpose. (3) (a) Noncriminal violations of the following statutes may be enforced by a uniform boating citation mailed to the registered owner of an unattended vessel anchored, aground, or moored on the waters of this state: 1. Section 327.33(3)(b), relating to navigation rules. 2. Section 327.44, relating to interference with navigation. 3. Section 327.50(2), relating to required lights and shapes. 4. Section 327.53, relating to marine sanitation. 5. Section 328.48(5), relating to display of decal. 6. Section 328.52(2), relating to display of number. 7. Section 327.4107, relating to vessels at risk of becoming derelict. 8. Section 327.4109, relating to prohibited anchoring or mooring. (b) Citations issued to livery vessels under this subsection are the responsibility of the lessee of the vessel if the livery has included a warning of this responsibility as a part of the rental agreement and has provided to the agency issuing the citation the name, address, and date of birth of the lessee when requested by that agency. The livery is not responsible for the payment of citations if the livery provides the required warning and lessee information. (c) A noncriminal violation of s. 327.4108 may be enforced by a uniform boating citation issued to the operator of a vessel unlawfully anchored in an anchoring limitation area. (d) A noncriminal violation of s. 327.4109 may be enforced by a uniform boating citation issued to the owner or operator of a vessel or floating structure unlawfully anchored or moored in a prohibited area. (4) Such officers shall have the power and duty to issue such orders and to make such investigations, reports, and arrests in connection with any violation of the provisions of this chapter and chapter 328 as are necessary to effectuate the intent and purpose of this chapter and chapter 328. (5) The Fish and Wildlife Conservation Commission or any other law enforcement agency may make any investigation necessary to secure information required to carry out and enforce the provisions of this chapter and chapter 328. 327.72 Penalties. Any person failing to comply with the provisions of this chapter or chapter 328 not specified in s. 327.73 or not paying the civil penalty specified in s. 327.73 within 30 days, except as otherwise provided in this chapter or chapter 328, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 327.73 Noncriminal infractions. (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions: (a) Section 328.46, relating to operation of unregistered and unnumbered vessels. (b) Section 328.48(4), relating to display of number and possession of registration certificate. (c) Section 328.48(5), relating to display of decal. (d) Section 328.52(2), relating to display of number. (e) Section 328.54, relating to spacing of digits and letters of identification number. (f) Section 328.60, relating to military personnel and registration of vessels. (g) Section 328.72(13), relating to State Statutes 497 operation with an expired registration, for which the penalty is: 1. For a first or subsequent offense of s. 328.72(13)(a), up to a maximum of $50. 2. For a first offense of s. 328.72(13)(b), up to a maximum of $250. 3. For a second or subsequent offense of s. 328.72(13)(b), up to a maximum of $500. Any person cited for a noncriminal infraction under this subparagraph may not have the provisions of paragraph (4)(a) available to him or her but must appear before the designated official at the time and location of the scheduled hearing. (h) Section 327.33(2), relating to careless operation. (i) Section 327.37, relating to water skiing, aquaplaning, parasailing, and similar activities. (j) Section 327.44, relating to interference with navigation. (k) Violations relating to boating-restricted areas and speed limits: 1. Established by the commission or by local governmental authorities pursuant to s. 327.46. 2. Speed limits established pursuant to s. 379.2431(2). (l) Section 327.48, relating to regattas and races. (m)Section 327.50(1) and (2), relating to required safety equipment, lights, and shapes. (n) Section 327.65, relating to muffling devices. (o) Section 327.33(3)(b), relating to a violation of navigation rules: 1. That does not result in an accident; or 2. That results in an accident not causing serious bodily injury or death, for which the penalty is: a. For a first offense, up to a maximum of $250. b. For a second offense, up to a maximum of $750. c. For a third or subsequent offense, up to a maximum of $1,000. (p) Section 327.39(1), (2), (3), and (5), relating to personal watercraft. (q) Section 327.53(1), (2), and (3), relating to marine sanitation. (r) Section 327.53(4), (5), and (7), relating to marine sanitation, for which the civil penalty is $250. (s) Section 327.395, relating to boater safety education. (t) Section 327.52(3), relating to operation of overloaded or overpowered vessels. (u) Section 327.331, relating to divers-down warning devices, except for violations meeting the requirements of s. 327.33. (v) Section 327.391(1), relating to the requirement for an adequate muffler on an airboat. (w)Section 327.391(3), relating to the display of a flag on an airboat. (x) Section 253.04(3)(a), relating to carelessly causing seagrass scarring, for which the civil penalty upon conviction is: 1. For a first offense, $50. 2. For a second offense occurring within 12 months after a prior conviction, $250. 3. For a third offense occurring within 36 months after a prior conviction, $500. 4. For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000. (y) Section 327.45, relating to protection zones for springs, for which the penalty is: 1. For a first offense, $50. 2. For a second offense occurring within 12 months after a prior conviction, $250. 3. For a third offense occurring within 36 months after a prior conviction, $500. 4. For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000. (z) Section 327.4108, relating to the anchoring of vessels in anchoring limitation areas, for which the penalty is: 1. For a first offense, up to a maximum of $50. 2. For a second offense, up to a maximum of $100. 3. For a third or subsequent offense, up to a maximum of $250. (aa) Section 327.4107, relating to vessels at risk of becoming derelict on waters of this state, for which the civil penalty is: 1. For a first offense, $50. 2. For a second offense occurring 30 days or more after a first offense, $100. 3. For a third or subsequent offense occurring 30 days or more after a previous offense, $250. (bb) Section 327.4109, relating to anchoring or mooring in a prohibited area, for which the penalty is: 1. For a first offense, up to a maximum of $50. 2. For a second offense, up to a maximum of $100. 3. For a third or subsequent offense, up to a maximum of $250. Any person cited for a violation of any provision of this subsection shall be deemed to be charged with a noncriminal infraction, State Statutes 498 shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided in this section. Any person who fails to appear or otherwise properly respond to a uniform boating citation shall, in addition to the charge relating to the violation of the boating laws of this state, be charged with the offense of failing to respond to such citation and, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A written warning to this effect shall be provided at the time such uniform boating citation is issued. (2) Any person cited for an infraction under this section may: (a) Post a bond, which shall be equal in amount to the applicable civil penalty; or (b) Sign and accept a citation indicating a promise to appear. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty. (3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the second degree. (4) Any person charged with a noncriminal infraction under this section may: (a) Pay the civil penalty, either by mail or in person, within 30 days of the date of receiving the citation; or, (b) If he or she has posted bond, forfeit bond by not appearing at the designated time and location. If the person cited follows either of the above procedures, he or she shall be deemed to have admitted the noncriminal infraction and to have waived the right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings. If a person who is cited for a violation of s. 327.395 can show a boating safety identification card issued to that person and valid at the time of the citation, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10. If a person who is cited for a violation of s. 328.72(13) can show proof of having a registration for that vessel which was valid at the time of the citation, the clerk may dismiss the case and may assess the dismissal fee. (5) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specified in subsection (1). The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $500 or a higher amount as specified in subsection (1). (6) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonable doubt. (7) If a person is found by the hearing official to have committed an infraction, he or she may appeal that finding to the circuit court. (8) All fees and civil penalties assessed and collected pursuant to this section shall be remitted by the clerk of the court to the Department of Revenue to be deposited into the Marine Resources Conservation Trust Fund for boating safety education purposes. (9) (a) Any person who fails to comply with the court’s requirements or who fails to pay the civil penalties specified in this section within the 30-day period provided for in s. 327.72 must pay an additional court cost of up to $20, which shall be used by the clerks of the courts to defray the costs of tracking unpaid uniform boating citations. (b) Any person who fails to comply with the court’s requirements as to civil penalties specified in this section due to demonstrated financial hardship shall be authorized to satisfy such civil penalties by public works or community service. Each hour of such service shall be applied, at the rate of the minimum wage, toward payment of the person’s civil penalties; provided, however, that if the person has a trade or profession for which there is a community service need and application, the rate for each hour of such service shall be the average standard wage for such trade or profession. Any person who fails to comply with the court’s requirements as to such civil penalties who does not demonstrate financial hardship may also, at the discretion of the court, be authorized to satisfy such civil penalties by public works or community service in the same manner. (c) If the noncriminal infraction has caused or resulted in the death of another, the court may require the person who committed the infraction to perform 120 community service hours in addition to any other penalties. (10) Any person cited for any noncriminal infraction which results in an accident that State Statutes 499 causes the death of another, or which results in an accident that causes “serious bodily injury” of another as defined in s. 327.353(1), shall not have the provisions of subsection (4) available to him or her but must appear before the designated official at the time and location of the scheduled hearing. (11) (a) Court costs that are to be in addition to the stated civil penalty shall be imposed by the court in an amount not less than the following: 1. For swimming or diving infractions, $4. 2. For nonmoving boating infractions, $18. 3. For boating infractions listed in s. 327.731(1), $35. (b) In addition to the court cost assessed under paragraph (a), the court shall impose a $3 court cost for each noncriminal infraction, to be distributed as provided in s. 938.01, and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county. Court costs imposed under this subsection may not exceed $45. A criminal justice selection center or both local criminal justice access and assessment centers may be funded from these court costs. 328.03 Certificate of title required. (1) Each vessel that is operated, used, or stored on the waters of this state must be titled by this state pursuant to this chapter, unless it is: (a) A vessel operated, used, or stored exclusively on private lakes and ponds; (b) A vessel owned by the United States Government; (c) A non-motor-powered vessel less than 16 feet in length; (d) A federally documented vessel; (e) A vessel already covered by a registration number in full force and effect which was awarded to it pursuant to a federally approved numbering system of another state or by the United States Coast Guard in a state without a federally approved numbering system, if the vessel is not located in this state for a period in excess of 90 consecutive days; (f) A vessel from a country other than the United States temporarily used, operated, or stored on the waters of this state for a period that is not in excess of 90 days; (g) An amphibious vessel for which a vehicle title is issued by the Department of Highway Safety and Motor Vehicles; (h) A vessel used solely for demonstration, testing, or sales promotional purposes by the manufacturer or dealer; or (i) A vessel owned and operated by the state or a political subdivision thereof. (2) A person shall not operate, use, or store a vessel for which a certificate of title is required unless the owner has received from the Department of Highway Safety and Motor Vehicles a valid certificate of title for such vessel. However, such vessel may be operated, used, or stored for a period of up to 180 days after the date of application for a certificate of title while the application is pending. (3) A person shall not sell, assign, or transfer a vessel titled by the state without delivering to the purchaser or transferee a valid certificate of title with an assignment on it showing the transfer of title to the purchaser or transferee. A person shall not purchase or otherwise acquire a vessel required to be titled by the state without obtaining a certificate of title for the vessel in his or her name. The purchaser or transferee shall, within 30 days after a change in vessel ownership, file an application for a title transfer with the county tax collector. An additional $10 fee shall be charged against the purchaser or transferee if he or she files a title transfer application after the 30-day period. The county tax collector shall be entitled to retain $5 of the additional amount. (4) A certificate of title is prima facie evidence of the ownership of the vessel. A certificate of title is good for the life of the vessel so long as the certificate is owned or held by the legal holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department for cancellation any and all title documents. If a titled vessel is insured and the insurer has paid the owner for the total loss of the vessel, the insurer shall obtain the title to the vessel and, within 30 days after receiving the title, forward the title to the Department of Highway Safety and Motor Vehicles for cancellation. The insurer may retain the certificate of title when payment for the loss was made because of the theft of the vessel. (5) The Department of Highway Safety and Motor Vehicles shall provide labeled places on the title where the seller's price shall be indicated when a vessel is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number. (6) (a) The Department of Highway Safety State Statutes 500 and Motor Vehicles shall charge a fee of $5.25 for issuing each certificate of title. The tax collector shall be entitled to retain $3.75 of the fee. (b) Beginning July 1, 1996, the Department of Highway Safety and Motor Vehicles shall use security procedures, processes, and materials in the preparation and issuance of each certificate of title to prohibit, to the extent possible, a person's ability to alter, counterfeit, duplicate, or modify the certificate. (7) The Department of Highway Safety and Motor Vehicles shall charge a fee of $4 in addition to that charged in subsection (6) for each initial certificate of title issued for a vessel previously registered outside this state. (8) The Department of Highway Safety and Motor Vehicles shall make regulations necessary and convenient to carry out the provisions of this chapter. 328.05 Crimes relating to certificates of title to, or other indicia of ownership of, vessels; penalties. (1) It is unlawful for any person to procure or attempt to procure a certificate of title or duplicate certificate of title to a vessel, or to pass or attempt to pass a certificate of title or duplicate certificate of title to a vessel or any assignment thereof, if such person knows or has reason to believe that such vessel is stolen. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) It is unlawful for any person, knowingly and with intent to defraud, to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, duplicate certificate of title, registration, bill of sale, or other indicia of ownership of a vessel or to conspire to do any of the foregoing. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) It is unlawful: (a) To alter or forge any certificate of title to a vessel or any assignment thereof or any cancellation of any lien on a vessel. (b) To retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged. (c) To use a false or fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. (d) To knowingly obtain goods, services, credit, or money by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership of a vessel. (e) To knowingly obtain goods, services, credit, or money by means of a certificate of title to a vessel which certificate is required by law to be surrendered to the department. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A violation of any provision of this subsection with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency, or the division, and which shall be subject to forfeiture pursuant to ss. 932.701-932.704. (4) This section is not exclusive of any other penalties prescribed by any existing or future laws for the larceny or unauthorized taking of vessels, but is supplementary thereto. 328.07 Hull identification number required. (1) No person shall operate, use, or store on the waters of this state a vessel the construction of which began after October 31, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays the assigned hull identification number affixed by the manufacturer as required by the United States Coast Guard or by the department for a homemade vessel or other vessel for which a hull identification number is not required by the United States Coast Guard. The hull identification number must be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel in such a way that alteration, removal, or replacement would be obvious and evident. The characters of the hull identification number must be no State Statutes 501 less than 12 in number and no less than one-fourth inch in height. (2) No person shall operate, use, or store on the waters of this state a vessel the construction of which was completed before November 1, 1972, for which the department has issued a certificate of title or which is required by law to be registered, unless the vessel displays a hull identification number. The hull identification number shall be clearly imprinted in the transom or on the hull by stamping, impressing, or marking with pressure. In lieu of imprinting, the hull identification number may be displayed on a plate in a permanent manner. A vessel for which the manufacturer has provided no hull identification number or a homemade vessel shall be assigned a hull identification number by the department which shall be affixed to the vessel pursuant to this section. (3) (a) No person, firm, association, or corporation shall destroy, remove, alter, cover, or deface the hull identification number or hull serial number, or plate bearing such number, of any vessel, except to make necessary repairs which require the removal of the hull identification number and immediately upon completion of such repairs shall reaffix the hull identification number in accordance with subsection (2). (b) If any of the hull identification numbers required by the United States Coast Guard for a vessel manufactured after October 31, 1972, do not exist or have been altered, removed, destroyed, covered, or defaced or the real identity of the vessel cannot be determined, the vessel may be seized as contraband property by a law enforcement agency or the division, and shall be subject to forfeiture pursuant to ss. 932.701-932.7062. Such vessel may not be sold or operated on the waters of the state unless the division receives a request from a law enforcement agency providing adequate documentation or is directed by written order of a court of competent jurisdiction to issue to the vessel a replacement hull identification number which shall thereafter be used for identification purposes. No vessel shall be forfeited under the Florida Contraband Forfeiture Act when the owner unknowingly, inadvertently, or neglectfully altered, removed, destroyed, covered, or defaced the vessel hull identification number. (4) (a) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification plate or decal which is assigned to another vessel to be used for the purpose of identification of any vessel; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer’s vessel hull identification number plate or decal or any manufacturer’s vessel hull identification number plate or decal which is assigned to another vessel; or to conspire to do any of the foregoing. However, nothing in this subsection shall be applicable to any approved hull identification number plate or decal issued as a replacement by the manufacturer, the department, or another state. (b) It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession any vessel or part thereof on which the assigned identification number has been altered, removed, destroyed, covered, or defaced or maintain such vessel in any manner which conceals or misrepresents the true identity of the vessel. (c) Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) The failure to have the hull identification number clearly displayed in compliance with this section shall be probable cause for any Division of Law Enforcement officer or other authorized law enforcement officer to make further inspection of the vessel in question to ascertain the true identity thereof. (6) Each vessel manufactured after the effective date of this act for sale in the state shall have a hull identification number displayed prior to sale or delivery for sale in accordance with the regulations set forth in 33 C.F.R. part 181. The hull identification number shall not be altered or replaced by the manufacturer or manufacturer’s representative for the purpose of upgrading the model year of a vessel after being offered for sale or delivered to any dealer. (7) No person or firm shall assign the same hull identification number to more than one vessel. 328.13 Manufacturer's statement of origin to be furnished. (1) Any person selling a new vessel in this state shall furnish a manufacturer's statement of origin to the purchaser of the vessel. The statement shall be signed and State Statutes 502 dated by an authorized representative of the manufacturer and shall indicate the complete name and address of the purchaser. The statement shall provide a complete description of the vessel, which shall include, but is not limited to, the hull identification number, hull length, hull material, type of propulsion, and model year of the vessel. The statement of origin shall be in English or accompanied by an English translation if the vessel was purchased outside the United States, and shall contain as many assignments thereon as may be necessary to show title in the name of the purchaser. (2) It is unlawful for a vessel manufacturer, manufacturer's representative, or dealer to issue a manufacturer's certificate of origin describing a vessel, knowing that such description is false or that the vessel described does not exist or for any person to obtain or attempt to obtain such manufacturer's certificate of origin knowing the description is false or having reason to believe the vessel does not exist. Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 328.19 Penalty. Except as otherwise provided in this chapter, any person convicted of violating any of the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 329.10 Aircraft registration. (1) It is unlawful for any person in this state to knowingly have in his or her possession an aircraft that is not registered in accordance with the regulations of the Federal Aviation Administration contained in Title 14, chapter 1, parts 47-49 of the Code of Federal Regulations. (2) Any aircraft in or operated in this state that is found to be registered to a nonexistent person, firm, or corporation or to a firm, business, or corporation which is no longer a legal entity is in violation of this section. Any firm, business, or corporation that has no physical location or corporate officers or that has lapsed into an inactive state or been dissolved by order of the Secretary of State for a period of at least 90 days with no documented attempt to reinstate the firm, business, or corporation or to register its aircraft in the name of a real person or legal entity in accordance with Federal Aviation Administration regulations is in violation of this section. (3) A person who knowingly supplies false information to a governmental entity in regard to the name, address, business name, or business address of the owner of an aircraft in or operated in the state is in violation of this section. (4) It is a violation of this section for any person or corporate entity to knowingly supply false information to any governmental entity in regard to ownership by it or another firm, business, or corporation of an aircraft in or operated in this state if it is determined that such corporate entity or other firm, business, or corporation: (a) Is not, or has never been, a legal entity in this state; (b) Is not, or has never been, a legal entity in any other state; or (c) Has lapsed into a state of no longer being a legal entity in this state as defined in part I of chapter 607 or s. 865.09, and no documented attempt has been made to correct such information with the governmental entity for a period of 90 days after the date on which such lapse took effect with the Secretary of State. (5) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties. (6) (a) A violation of this section shall be deemed a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any violation of this section shall constitute the aircraft to which it relates as contraband, and said aircraft may be seized as contraband by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704. 329.11 Aircraft identification numbers; penalties. (1) (a) It is unlawful for any person, firm, association, or corporation to knowingly buy, sell, offer for sale, receive, dispose of, conceal, or have in his or her possession, or to endeavor to buy, sell, offer for sale, receive, dispose of, conceal, or possess, any aircraft or part thereof on which the assigned identification numbers do not meet the requirements of the federal aviation regulations. (b) If any of the identification numbers required by this subsection have been knowingly omitted, altered, removed, State Statutes 503 destroyed, covered, or defaced, or the real identity of the aircraft cannot be determined due to an intentional act of the owner or possessor, the aircraft may be seized as contraband property by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704. Such aircraft may not be knowingly sold or operated from any airport, landing field, or other property or body of water where aircraft may land or take off in this state unless the Federal Aviation Administration has issued the aircraft a replacement identification number which shall thereafter be used for identification purposes. (c) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer's aircraft identification number plate or decal used for the purpose of identification of any aircraft; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer's aircraft identification number plate or decal; or to conspire to do any of the foregoing. (d) Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) The failure to have aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers: (a) When it is located on public property; or (b) Upon consent of the owner of the private property on which the aircraft is stored. 339.28 Willful and malicious damage to boundary marks, guideposts, lampposts, etc. on transportation facility. (1) Any person who willfully and maliciously damages, removes, or destroys any milestone, mileboard, or guideboard erected upon a highway or other public transportation facility, or willfully and maliciously defaces or alters the inscription on any such marker, or breaks or removes any lamp or lamppost or railing or post erected on any transportation facility, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who violates the provisions of subsection (1) is civilly liable to the department for the actual damages which he or she caused, which damages may be recovered by suit and, when collected, shall be paid into the State Treasury to the credit of the State Transportation Trust Fund. 365.16 Obscene or harassing telephone calls (1) Whoever: (a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number; (b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number; (c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or (d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be preceded by the word "warning." The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories. (4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section. (5) Nothing contained in this section shall State Statutes 504 apply to telephone calls made in good faith in the ordinary course of business or commerce. 365.161Prohibition of certain obscene telephone communications; penalty. (1) For purposes of this section, the term: (a) "Obscene" means that status of a communication which: 1. The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interests; 2. Describes, in a patently offensive way, deviate sexual intercourse, sadomasochistic abuse, sexual battery, bestiality, sexual conduct, or sexual excitement; and 3. Taken as a whole, lacks serious literary, artistic, political, or scientific value. (b) "Deviate sexual intercourse" means sexual conduct between persons consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva. (c) "Sadomasochistic abuse" means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself. (d) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. (e) "Sexual bestiality" means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. (f) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; or any act or conduct which constitutes sexual battery. (g) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. (2) (a) A subscriber of a telephone service who makes any obscene or indecent communication by means of a telephone, in person or through an electronic recording device, in exchange for remuneration is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, regardless of whether he or she placed, initiated, or received the telephone call. (b) A subscriber of telephone service who knowingly permits the use of a telephone or a telephone facility under his or her control to make any obscene or indecent communication prohibited under paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the telephone or telephone facility is connected to a local exchange telephone. (c) For purposes of this subsection, each day of a violation constitutes a separate offense. (d) Any telephone company which transmits any public announcement service over the telephone network and bills for such service on its regular telephone bills to its subscribers shall have the right (but not the obligation) to approve any and all advertising, by whatever means, of such public announcement service. Failure of any public announcement service provider to obtain the approval of the telephone company for its advertising of any public announcement service transmitted over the telephone network shall be full and sufficient grounds for immediate disconnection by the telephone company of the public announcement service provider's telephone service. No telephone company shall be liable for any damages, penalty, or forfeiture, whether civil or criminal, for disconnecting such public announcement service subscriber who violates this subsection. (3) This section does not apply to a telephone communication that crosses state lines. 365.172 Emergency communications number “E911" (14) MISUSE OF 911 OR E911 SYSTEM; PENALTY.—911 and E911 service must be used solely for emergency communications by the public. Any person who accesses the number 911 for the purpose of making a false alarm or complaint or reporting false information that could result in the emergency response of any public safety agency; any person who knowingly uses or attempts to use such service for a purpose other than obtaining public safety assistance; or any person who knowingly uses or attempts to use such service in an effort to avoid any charge for service, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. After being convicted of State Statutes 505 unauthorized use of such service four times, a person who continues to engage in such unauthorized use commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, if the value of the service or the service charge obtained in a manner prohibited by this subsection exceeds $100, the person committing the offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Note1 This statute is very long and to keep handbook size manageable, only section (14) is listed. Review the entire statute before taking enforcement action. 379.339 Seizure of illegal hunting devices; disposition; notice; forfeiture. In order to protect the state's wildlife resources, any vehicle, vessel, animal, gun, light, or other hunting device used or attempted to be used in connection with, as an instrumentality of, or in aiding and abetting in the commission of an offense prohibited by s. 379.404 is subject to seizure and forfeiture. The provisions of chapter 932 do not apply to any seizure or forfeiture under this section. For purposes of this section, a conviction is any disposition other than acquittal or dismissal. (1) (a) Upon a first conviction of the person in whose possession the property was found, the court having jurisdiction over the criminal offense, notwithstanding any jurisdictional limitations on the amount in controversy, may make a finding that the property was used in connection with a violation of s. 379.404. Upon such finding, the court may order the property forfeited to the commission. (b) Upon a second or subsequent conviction of a person in whose possession the property was found for a violation of s. 379.404, the court shall order the forfeiture to the commission of any property used in connection with that violation. (2) The requirement for a conviction before forfeiture establishes, to the exclusion of any reasonable doubt, that the property was used in connection with that violation. Prior to the issuance of a forfeiture order for any vessel, vehicle, or other property under subsection (1), the commission shall seize the property and notify the registered owner, if any, that the property has been seized by the commission. (3) Notification of property seized under this section must be sent by certified mail to a registered owner within 14 days after seizure. If the commission, after diligent inquiry, cannot ascertain the registered owner, the notice requirement is satisfied. (4) (a) For a first conviction of an offense under s. 379.404, property seized by the commission shall be returned to the registered owner if the commission fails to prove by a preponderance of the evidence before the court having jurisdiction over the criminal offense that the registered owner aided in, abetted in, participated in, gave consent to, knew of, or had reason to know of the offense. (b) Upon a second or subsequent conviction for an offense under s. 379.404, the burden shall be on the registered owner to prove by a preponderance of the evidence before the court having jurisdiction over the criminal offense that the registered owner in no way aided in, abetted in, participated in, knew of, or had reason to know of the second offense which resulted in seizure of the lawful property. (c) Any request for a hearing from a registered owner asserting innocence to recover property seized under these provisions must be sent to the commission's Division of Law Enforcement within 21 days after the registered owner's receipt of the notice of seizure. If a request for a hearing is not timely received, the court shall forfeit to the commission the right to, title to, and interest in the property seized, subject only to the rights and interests of bona fide lienholders. (5) All amounts received from the sale or other disposition of the property shall be paid into the State Game Trust Fund. If the property is not sold or converted, it shall be delivered to the executive director of the commission. 379.404 Illegal taking and possession of deer and wild turkey; evidence; penalty. (1) Whoever takes or kills any deer or wild turkey, or possesses a freshly killed deer or wild turkey, during the closed season prescribed by law or by the rules and regulations of the Fish and Wildlife Conservation Commission, or whoever takes or attempts to take any deer or wild turkey by the use of gun and light in or out of closed season, commits a Level Three violation under s. 379.401 and shall forfeit any license or permit issued to her or him under the provisions of this chapter. No license shall be issued to such person for a period of 3 years following any such violation on the first offense. Any person State Statutes 506 guilty of a second or subsequent violation shall be permanently ineligible for issuance of a license or permit thereafter. (2) The display or use of a light in a place where deer might be found and in a manner capable of disclosing the presence of deer, together with the possession of firearms or other weapons customarily used for the taking of deer, between 1 hour after sunset and 1 hour before sunrise, shall be prima facie evidence of an intent to violate the provisions of subsection (1). This subsection does not apply to an owner or her or his employee when patrolling or inspecting the land of the owner, provided the employee has satisfactory proof of employment on her or his person. (3) Whoever takes or kills any doe deer; fawn or baby deer; or deer, whether male or female, which does not have one or more antlers at least 5 inches in length, except as provided by law or the rules of the Fish and Wildlife Conservation Commission, during the open season prescribed by the rules of the commission, commits a Level Three violation under s. 379.401 and may be required to forfeit any license or permit issued to such person for a period of 3 years following any such violation on the first offense. Any person guilty of a second or subsequent violation shall be permanently ineligible for issuance of a license or permit thereafter. (4) Any person who cultivates agricultural crops may apply to the Fish and Wildlife Conservation Commission for a permit to take or kill deer on land which that person is currently cultivating. When said person can show, to the satisfaction of the Fish and Wildlife Conservation Commission, that such taking or killing of deer is justified because of damage to the person's crops caused by deer, the Fish and Wildlife Conservation Commission may issue a limited permit to the applicant to take or kill deer without being in violation of subsection (1) or subsection (3). (5) Whoever possesses for sale or sells deer or wild turkey taken in violation of this chapter or the rules and regulations of the commission commits a Level Four violation under s. 379.401. (6) Any person who enters upon private property and shines lights upon such property, without the express permission of the owner of the property and with the intent to take deer by utilizing such shining lights, commits a Level Three violation under s. 379.401. 379.411 Intentional killing or wounding of any species designated as endangered, threatened, or of special concern; penalties. A person may not intentionally kill or wound any fish or wildlife species designated by the commission as endangered, threatened, or of special concern, or intentionally destroy the eggs or nest of any such fish or wildlife, unless authorized by rules of the commission. A person who violates this section commits a Level Four violation under s. 379.401. 384.24 Unlawful acts. (1) It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID) / acute salpingitis, or syphilis, when such person knows he or she is infected with one or more of these diseases and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse. (2) It is unlawful for any person who has human immunodeficiency virus infection, when such person knows he or she is infected with this disease and when such person has been informed that he or she may communicate this disease to another person through sexual intercourse, to have sexual intercourse with any other person, unless such other person has been informed of the presence of the sexually transmissible disease and has consented to the sexual intercourse. 384.287 Screening for sexually transmissible disease. (1) An officer as defined in s. 943.10(14); support personnel as defined in s. 943.10(11) who are employed by the Department of Law Enforcement, including, but not limited to, any crime scene analyst, forensic technologist, or crime lab analyst; firefighter as defined in s. 633.102; or ambulance driver, paramedic, or emergency medical technician as defined in s. 401.23, acting within the scope of employment, who comes into contact with a person in such a way that significant exposure, as defined in s. 381.004, has occurred may request that the person be screened for a sexually State Statutes 507 transmissible disease that can be transmitted through a significant exposure. (2) If the person will not voluntarily submit to screening, the officer, support personnel of the Department of Law Enforcement, firefighter, ambulance driver, paramedic, or emergency medical technician, or the employer of any of the employees described in subsection (1) acting on behalf of the employee, may seek a court order directing that the person who is the source of the significant exposure submit to screening. A sworn statement by a physician licensed under chapter 458 or chapter 459 that a significant exposure has occurred and that, in the physician’s medical judgment, the screening is medically necessary to determine the course of treatment for the employee, constitutes probable cause for the issuance of the order by the court. (3) In order to use the provisions of this section, the employee subjected to the significant exposure must also be screened for the same sexually transmissible diseases. (4) All screenings must be conducted by the department or the department’s authorized representative or by medical personnel at a facility designated by the court. The cost of screening shall be borne by the employer. (5) Results of the screening are exempt from the requirements of s. 384.29 solely for the purpose of releasing the results to the person who is the source of the significant exposure, to the person subjected to the significant exposure, to the physicians of the persons screened, and to the employer, if necessary for filing a worker’s compensation claim or any other disability claim based on the significant exposure. (6) A person who receives the results of a test pursuant to this section, which results disclose human immunodeficiency virus infection and are otherwise confidential pursuant to law, shall maintain the confidentiality of the information received and the identity of the person tested as required by s. 381.004. Violation of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 394.458 Introduction or removal of certain articles unlawful; penalty (1) (a) Except as authorized by law or as specifically authorized by the person in charge of each hospital providing mental health services under this part, it is unlawful to introduce into or upon the grounds of such hospital, or to take or attempt to take or send therefrom, any of the following articles, which are hereby declared to be contraband for the purposes of this section: 1. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect; 2. Any controlled substance as defined in chapter 893; or 3. Any firearms or deadly weapon. (b) It is unlawful to transmit to, or attempt to transmit to, or cause or attempt to cause to be transmitted to, or received by, any patient of any hospital providing mental health services under this part any article or thing declared by this section to be contraband, at any place which is outside of the grounds of such hospital, except as authorized by law or as specifically authorized by the person in charge of such hospital. (2) A person who violates any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 394.463 Involuntary examination. (1) CRITERIA. A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and because of his or her mental illness: (a) 1. The person has refused voluntary examination after conscientious explanation and disclosure of the purpose of the examination; or 2. The person is unable to determine for himself or herself whether examination is necessary; and (b) 1. Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself; such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services; or 2. There is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior. (2) INVOLUNTARY EXAMINATION. (a) An involuntary examination may be initiated by any one of the following means: 1. A circuit or county court may enter an ex State Statutes 508 parte order stating that a person appears to meet the criteria for involuntary examination and specifying the findings on which that conclusion is based. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings. If other less restrictive means are not available, such as voluntary appearance for outpatient evaluation, a law enforcement officer, or other designated agent of the court, shall take the person into custody and deliver him or her to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The order of the court shall be made a part of the patient’s clinical record. A fee may not be charged for the filing of an order under this subsection. A facility accepting the patient based on this order must send a copy of the order to the department the next working day. The order may be submitted electronically through existing data systems, if available. The order shall be valid only until the person is delivered to the facility or for the period specified in the order itself, whichever comes first. If no time limit is specified in the order, the order shall be valid for 7 days after the date that the order was signed. 2. A law enforcement officer shall take a person who appears to meet the criteria for involuntary examination into custody and deliver the person or have him or her delivered to an appropriate, or the nearest, facility within the designated receiving system pursuant to s. 394.462 for examination. The officer shall execute a written report detailing the circumstances under which the person was taken into custody, which must be made a part of the patient’s clinical record. Any facility accepting the patient based on this report must send a copy of the report to the department the next working day. 3. A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and family therapist, or clinical social worker may execute a certificate stating that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination and stating the observations upon which that conclusion is based. If other less restrictive means, such as voluntary appearance for outpatient evaluation, are not available, a law enforcement officer shall take into custody the person named in the certificate and deliver him or her to the appropriate, or nearest, facility within the designated receiving system pursuant to s. 394.462 for involuntary examination. The law enforcement officer shall execute a written report detailing the circumstances under which the person was taken into custody. The report and certificate shall be made a part of the patient’s clinical record. Any facility accepting the patient based on this certificate must send a copy of the certificate to the department the next working day. The document may be submitted electronically through existing data systems, if applicable. (b) A person may not be removed from any program or residential placement licensed under chapter 400 or chapter 429 and transported to a receiving facility for involuntary examination unless an ex parte order, a professional certificate, or a law enforcement officer’s report is first prepared. If the condition of the person is such that preparation of a law enforcement officer’s report is not practicable before removal, the report shall be completed as soon as possible after removal, but in any case before the person is transported to a receiving facility. A facility admitting a person for involuntary examination who is not accompanied by the required ex parte order, professional certificate, or law enforcement officer’s report shall notify the department of such admission by certified mail or by e-mail, if available, by the next working day. The provisions of this paragraph do not apply when transportation is provided by the patient’s family or guardian. (c) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may serve and execute such order on any day of the week, at any time of the day or night. (d) A law enforcement officer acting in accordance with an ex parte order issued pursuant to this subsection may use such reasonable physical force as is necessary to gain entry to the premises, and any dwellings, buildings, or other structures located on the premises, and to take custody of the person who is the subject of the ex parte order. State Statutes 509 (e) The department shall receive and maintain the copies of ex parte orders, involuntary outpatient services orders issued pursuant to s. 394.4655, involuntary inpatient placement orders issued pursuant to s. 394.467, professional certificates, and law enforcement officers’ reports. These documents shall be considered part of the clinical record, governed by the provisions of s. 394.4615. These documents shall be used to prepare annual reports analyzing the data obtained from these documents, without information identifying patients, and shall provide copies of reports to the department, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and the House of Representatives. (f) A patient shall be examined by a physician or a clinical psychologist, or by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist at a facility without unnecessary delay to determine if the criteria for involuntary services are met. Emergency treatment may be provided upon the order of a physician if the physician determines that such treatment is necessary for the safety of the patient or others. The patient may not be released by the receiving facility or its contractor without the documented approval of a psychiatrist or a clinical psychologist or, if the receiving facility is owned or operated by a hospital or health system, the release may also be approved by a psychiatric nurse performing within the framework of an established protocol with a psychiatrist, or an attending emergency department physician with experience in the diagnosis and treatment of mental illness after completion of an involuntary examination pursuant to this subsection. A psychiatric nurse may not approve the release of a patient if the involuntary examination was initiated by a psychiatrist unless the release is approved by the initiating psychiatrist. (g) The examination period must be for up to 72 hours. For a minor, the examination shall be initiated within 12 hours after the patient’s arrival at the facility. Within the examination period or, if the examination period ends on a weekend or holiday, no later than the next working day thereafter, one of the following actions must be taken, based on the individual needs of the patient: 1. The patient shall be released, unless he or she is charged with a crime, in which case the patient shall be returned to the custody of a law enforcement officer; 2. The patient shall be released, subject to subparagraph 1., for voluntary outpatient treatment; 3. The patient, unless he or she is charged with a crime, shall be asked to give express and informed consent to placement as a voluntary patient and, if such consent is given, the patient shall be admitted as a voluntary patient; or 4. A petition for involuntary services shall be filed in the circuit court if inpatient treatment is deemed necessary or with the criminal county court, as defined in s. 394.4655(1), as applicable. When inpatient treatment is deemed necessary, the least restrictive treatment consistent with the optimum improvement of the patient’s condition shall be made available. When a petition is to be filed for involuntary outpatient placement, it shall be filed by one of the petitioners specified in s. 394.4655(4)(a). A petition for involuntary inpatient placement shall be filed by the facility administrator. (h) A person for whom an involuntary examination has been initiated who is being evaluated or treated at a hospital for an emergency medical condition specified in s. 395.002 must be examined by a facility within the examination period specified in paragraph (g). The examination period begins when the patient arrives at the hospital and ceases when the attending physician documents that the patient has an emergency medical condition. If the patient is examined at a hospital providing emergency medical services by a professional qualified to perform an involuntary examination and is found as a result of that examination not to meet the criteria for involuntary outpatient services pursuant to s. 394.4655(2) or involuntary inpatient placement pursuant to s. 394.467(1), the patient may be offered voluntary services or placement, if appropriate, or released directly from the hospital providing emergency medical services. The finding by the professional that the patient has been examined and does not meet the criteria for involuntary inpatient services or involuntary outpatient placement must be entered into the patient’s clinical record. This paragraph is not intended to prevent a hospital providing emergency medical services from appropriately transferring a patient to another hospital before stabilization if the State Statutes 510 requirements of s. 395.1041(3)(c) have been met. (i) One of the following must occur within 12 hours after the patient’s attending physician documents that the patient’s medical condition has stabilized or that an emergency medical condition does not exist: 1. The patient must be examined by a facility and released; or 2. The patient must be transferred to a designated facility in which appropriate medical treatment is available. However, the facility must be notified of the transfer within 2 hours after the patient’s condition has been stabilized or after determination that an emergency medical condition does not exist. (3) NOTICE OF RELEASE. Notice of the release shall be given to the patient’s guardian or representative, to any person who executed a certificate admitting the patient to the receiving facility, and to any court which ordered the patient’s evaluation. 397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment. A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a co-occurring mental health disorder and, because of such impairment or disorder: (1) Has lost the power of self-control with respect to substance abuse; and (2) (a) Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or (b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another. 397.677P r o t e c t i v e c u s t o d y ; circumstances justifying. A law enforcement officer may implement protective custody measures as specified in this part when a minor or an adult who appears to meet the involuntary admission criteria in s. 397.675 is: (1) Brought to the attention of law enforcement; or (2) In a public place. 397.6771 Protective custody with consent. A person in circumstances which justify protective custody, as described in s. 397.677, may consent to be assisted by a law enforcement officer to his or her home, to a hospital, or to a licensed detoxification or addictions receiving facility, whichever the officer determines is most appropriate. 397.6772 Protective custody without consent. (1) If a person in circumstances which justify protective custody as described in s. 397.677 fails or refuses to consent to assistance and a law enforcement officer has determined that a hospital or a licensed detoxification or addictions receiving facility is the most appropriate place for the person, the officer may, after giving due consideration to the expressed wishes of the person: (a) Take the person to a hospital or to a licensed detoxification or addictions receiving facility against the person’s will but without using unreasonable force. The officer shall use the standard form developed by the department pursuant to s. 397.321 to execute a written report detailing the circumstances under which the person was taken into custody. The written report shall be included in the patient’s clinical record; or (b) In the case of an adult, detain the person for his or her own protection in any municipal or county jail or other appropriate detention facility. Such detention is not to be considered an arrest for any purpose, and no entry or other record may be made to indicate that the person has been detained or charged with any crime. The officer in charge of the detention facility must notify the nearest appropriate licensed service provider within State Statutes 511 the first 8 hours after detention that the person has been detained. It is the duty of the detention facility to arrange, as necessary, for transportation of the person to an appropriate licensed service provider with an available bed. Persons taken into protective custody must be assessed by the attending physician within the 72-hour period and without unnecessary delay, to determine the need for further services. (2) The nearest relative of a minor in protective custody must be notified by the law enforcement officer, as must the nearest relative of an adult, unless the adult requests that there be no notification. 403.413 Florida Litter Law. (1) SHORT TITLE. This section may be cited as the “Florida Litter Law.” (2) DEFINITIONS. As used in this section: (a) “Aircraft” means a motor vehicle or other vehicle that is used or designed to fly but does not include a parachute or any other device used primarily as safety equipment. (b) “Commercial purpose” means for the purpose of economic gain. (c) “Commercial vehicle” means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose. (d) “Dump” means to dump, throw, discard, place, deposit, or dispose of. (e) “Law enforcement officer” means any officer of the Florida Highway Patrol, a county sheriff’s department, a municipal law enforcement department, a law enforcement department of any other political subdivision, or the Fish and Wildlife Conservation Commission. In addition, and solely for the purposes of this section, “law enforcement officer” means any employee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer. (f) “Litter” means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (g) “Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor. (h) “Person” means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association. (i) “Vessel” means a boat, barge, or airboat or any other vehicle used for transportation on water. (3)RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY. The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer. (4) DUMPING LITTER PROHIBITED. Unless otherwise authorized by law or permit, it is unlawful for any person to dump litter in any manner or amount: (a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section; (b) In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state, including canals. When any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or (c) In or on any private property, unless prior consent of the owner has been given and unless the dumping of such litter by such person will not cause a public nuisance or otherwise be in violation of any other state or local law, rule, or regulation. (5) DUMPING RAW HUMAN WASTE PROHIBITED. Unless otherwise authorized by law or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state. (6) PENALTIES; ENFORCEMENT. (a) Any person who dumps litter in violation of subsection (4) in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty of $100, from State Statutes 512 which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program pursuant to s. 403.7095. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. (b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator’s driver license pursuant to the point system established by s. 322.27. (c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order the violator to: 1. Remove or render harmless the litter that he or she dumped in violation of this section; 2. Repair or restore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or 3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section. (d) A court may enjoin a violation of this section. (e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 and 932.704. (f) If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or $200, whichever amount is greater. In addition, the court shall order the person to pay the injured party’s court costs and attorney’s fees. A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this paragraph which he or she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal judgment was based upon a plea of no contest or nolo contendere. (g) For the purposes of this section, if a person dumps litter or raw human waste from a commercial vehicle, that person is presumed to have dumped the litter or raw human waste for commercial purposes. (h) In the criminal trial of a person charged with violating this section, the state does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she had authority to dump the litter or raw human waste and that the litter or raw human waste dumped does not cause a public nuisance. (i) It shall be the duty of all law enforcement officers to enforce the provisions of this section. (j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that any person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided in paragraph (c). (7)ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES. Employees of counties or municipalities whose duty it is to ensure code compliance or to enforce codes and ordinances may be designated by the governing body of the county or the municipality to enforce the provisions of this section. Designation of such employees shall not provide the State Statutes 513 employees with the authority to bear arms or to make arrests. (8)ENFORCEMENT OF OTHER REGULATIONS. This section does not limit the authority of any state or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management. 415.102 Definitions of terms used in ss. 415.101 - 415.113. As used in ss. 415.101-415.113, the term: (1) “Abuse” means any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions. (2) “Activities of daily living” means functions and tasks for self-care, including ambulation, bathing, dressing, eating, grooming, toileting, and other similar tasks. (3) “Alleged perpetrator” means a person who has been named by a reporter as the person responsible for abusing, neglecting, or exploiting a vulnerable adult. (4) “Capacity to consent” means that a vulnerable adult has sufficient understanding to make and communicate responsible decisions regarding the vulnerable adult’s person or property, including whether or not to accept protective services offered by the department. (5) “Caregiver” means a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person’s guardian that a caregiver role exists. “Caregiver” includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities as defined in subsection (9). For the purpose of departmental investigative jurisdiction, the term “caregiver” does not include law enforcement officers or employees of municipal or county detention facilities or the Department of Corrections while acting in an official capacity. (6) “Deception” means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a vulnerable adult. (7) “Department” means the Department of Children and Families. (8) (a) “Exploitation” means a person who: 1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or 2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult. (b) “Exploitation” may include, but is not limited to: 1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property; 2. Unauthorized taking of personal assets; 3. Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or 4. Intentional or negligent failure to effectively use a vulnerable adult’s income and assets for the necessities required for that person’s support and maintenance. (9) “Facility” means any location providing day or residential care or treatment for vulnerable adults. The term “facility” may include, but is not limited to, any hospital, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, residential facility licensed under chapter 393, adult day training center, or mental health treatment center. (10) “False report” means a report of abuse, neglect, or exploitation of a vulnerable adult to the central abuse hotline which is not true and is maliciously made for the purpose of: (a) Harassing, embarrassing, or harming another person; (b) Personal financial gain for the reporting person; (c) Acquiring custody of a vulnerable adult; or (d) Personal benefit for the reporting State Statutes 514 person in any other private dispute involving a vulnerable adult. The term “false report” does not include a report of abuse, neglect, or exploitation of a vulnerable adult which is made in good faith to the central abuse hotline. (11) “Fiduciary relationship” means a relationship based upon the trust and confidence of the vulnerable adult in the caregiver, relative, household member, or other person entrusted with the use or management of the property or assets of the vulnerable adult. The relationship exists where there is a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the vulnerable adult. For the purposes of this part, a fiduciary relationship may be formed by an informal agreement between the vulnerable adult and the other person and does not require a formal declaration or court order for its existence. A fiduciary relationship includes, but is not limited to, court-appointed or voluntary guardians, trustees, attorneys, or conservators of a vulnerable adult’s assets or property. (12) “Guardian” means a person who has been appointed by a court to act on behalf of a person; a preneed guardian, as provided in chapter 744; or a health care surrogate expressly designated as provided in chapter 765. (13) “In-home services” means the provision of nursing, personal care, supervision, or other services to vulnerable adults in their own homes. (14) “Intimidation” means the communication by word or act to a vulnerable adult that that person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence. (15) “Lacks capacity to consent” means a mental impairment that causes a vulnerable adult to lack sufficient understanding or capacity to make or communicate responsible decisions concerning person or property, including whether or not to accept protective services. (16) “Neglect” means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death. (17) “Obtains or uses” means any manner of: (a) Taking or exercising control over property; (b) Making any use, disposition, or transfer of property; (c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise; or (d) 1. Conduct otherwise known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. (18) “Office” has the same meaning as in s. 400.0060. (19) “Position of trust and confidence” with respect to a vulnerable adult means the position of a person who: (a) Is a parent, spouse, adult child, or other relative by blood or marriage; (b) Is a joint tenant or tenant in common; (c) Has a legal or fiduciary relationship, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator; or (d) Is a caregiver or any other person who has been entrusted with or has assumed responsibility for the use or management of the vulnerable adult’s funds, assets, or property. (20) “Protective investigation” means acceptance of a report from the central abuse hotline alleging abuse, neglect, or exploitation as defined in this section; investigation of the report; determination as to whether action by the court is warranted; and referral of the vulnerable adult to another public or private agency when appropriate. (21) “Protective investigator” means an authorized agent of the department who receives and investigates reports of abuse, neglect, or exploitation of vulnerable adults. (22) “Protective services” means services to State Statutes 515 protect a vulnerable adult from further occurrences of abuse, neglect, or exploitation. Such services may include, but are not limited to, protective supervision, placement, and in-home and community-based services. (23) “Protective supervision” means those services arranged for or implemented by the department to protect vulnerable adults from further occurrences of abuse, neglect, or exploitation. (24) “Psychological injury” means an injury to the intellectual functioning or emotional state of a vulnerable adult as evidenced by an observable or measurable reduction in the vulnerable adult’s ability to function within that person’s customary range of performance and that person’s behavior. (25) “Records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, videotapes, or other material, regardless of physical form or characteristics, made or received pursuant to a protective investigation. (26) “Sexual abuse” means acts of a sexual nature committed in the presence of a vulnerable adult without that person’s informed consent. “Sexual abuse” includes, but is not limited to, the acts defined in s. 794.011(1)(h), fondling, exposure of a vulnerable adult’s sexual organs, or the use of a vulnerable adult to solicit for or engage in prostitution or sexual performance. “Sexual abuse” does not include any act intended for a valid medical purpose or any act that may reasonably be construed to be normal caregiving action or appropriate display of affection. (27) “Victim” means any vulnerable adult named in a report of abuse, neglect, or exploitation. (28) “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. (29) “Vulnerable adult in need of services” means a vulnerable adult who has been determined by a protective investigator to be suffering from the ill effects of neglect not caused by a second party perpetrator and is in need of protective services or other services to prevent further harm. 415.103 Central abuse hotline. (1) The department shall establish and maintain a central abuse hotline that receives all reports made pursuant to s. 415.1034 in writing or through a single statewide toll-free telephone number. Any person may use the statewide toll-free telephone number to report known or suspected abuse, neglect, or exploitation of a vulnerable adult at any hour of the day or night, any day of the week. The central abuse hotline must be operated in such a manner as to enable the department to: (a) Accept reports for investigation when there is a reasonable cause to suspect that a vulnerable adult has been or is being abused, neglected, or exploited. (b) Determine whether the allegations made by the reporter require an immediate, 24-hour, or next-working-day response priority. (c) When appropriate, refer calls that do not allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations that might better resolve the reporter’s concerns. (d) Immediately identify and locate prior reports of abuse, neglect, or exploitation through the central abuse hotline. (e) Track critical steps in the investigative process to ensure compliance with all requirements for all reports. (f) Maintain data to facilitate the production of aggregate statistical reports for monitoring patterns of abuse, neglect, or exploitation. (g) Serve as a resource for the evaluation, management, and planning of preventive and remedial services for vulnerable adults who have been subject to abuse, neglect, or exploitation. (2) Upon receiving an oral or written report of known or suspected abuse, neglect, or exploitation of a vulnerable adult, the central abuse hotline must determine if the report requires an immediate onsite protective investigation. For reports requiring an immediate onsite protective investigation, the central abuse hotline must immediately notify the department’s designated protective investigative district staff responsible for protective investigations to ensure prompt initiation of an onsite investigation. For reports not requiring an immediate onsite protective investigation, the central abuse hotline must notify the department’s designated protective investigative district staff responsible for protective investigations in sufficient time to allow for an investigation to be commenced State Statutes 516 within 24 hours. At the time of notification of district staff with respect to the report, the central abuse hotline must also provide any known information on any previous report concerning a subject of the present report or any pertinent information relative to the present report or any noted earlier reports. If the report is of known or suspected abuse of a vulnerable adult by someone other than a relative, caregiver, or household member, the report shall be immediately transferred to the appropriate county sheriff’s office. (3) The department shall set standards, priorities, and policies to maximize the efficiency and effectiveness of the central abuse hotline. 415.104Protective investigations of cases of abuse, neglect, or exploitation of vulnerable adults; transmittal of records to state attorney. (1) The department shall, upon receipt of a report alleging abuse, neglect, or exploitation of a vulnerable adult, begin within 24 hours a protective investigation of the facts alleged therein. If a caregiver refuses to allow the department to begin a protective investigation or interferes with the conduct of such an investigation, the appropriate law enforcement agency shall be contacted for assistance. If, during the course of the investigation, the department has reason to believe that the abuse, neglect, or exploitation is perpetrated by a second party, the appropriate law enforcement agency and state attorney shall be orally notified. The department and the law enforcement agency shall cooperate to allow the criminal investigation to proceed concurrently with, and not be hindered by, the protective investigation. The department shall make a preliminary written report to the law enforcement agencies within 5 working days after the oral report. The department shall, within 24 hours after receipt of the report, notify the appropriate Florida local advocacy council, or the State Long-Term Care Ombudsman Program, when appropriate, that an alleged abuse, neglect, or exploitation perpetrated by a second party has occurred. Notice to the Florida local advocacy council or the State Long-Term Care Ombudsman Program may be accomplished orally or in writing and shall include the name and location of the vulnerable adult alleged to have been abused, neglected, or exploited and the nature of the report. (2) Upon commencing an investigation, the protective investigator shall inform all of the vulnerable adults and alleged perpetrators named in the report of the following: (a) The names of the investigators and identifying credentials from the department. (b) The purpose of the investigation. (c) That the victim, the victim’s guardian, the victim’s caregiver, and the alleged perpetrator, and legal counsel for any of those persons, have a right to a copy of the report at the conclusion of the investigation. (d) The name and telephone number of the protective investigator’s supervisor available to answer questions. (e) That each person has the right to obtain his or her own attorney. Any person being interviewed by a protective investigator may be represented by an attorney, at the person’s own expense, or may choose to have another person present. The other person present may not be an alleged perpetrator in any report currently under investigation. Before participating in such interview, the other person present shall execute an agreement to comply with the confidentiality requirements of ss. 415.101-415.113. The absence of an attorney or other person does not prevent the department from proceeding with other aspects of the investigation, including interviews with other persons. In an investigative interview with a vulnerable adult, the protective investigator may conduct the interview with no other person present. (3) For each report it receives, the department shall perform an onsite investigation to: (a) Determine that the person is a vulnerable adult as defined in s. 415.102. (b) Determine whether the person is a vulnerable adult in need of services, as defined in s. 415.102. (c) Determine the composition of the family or household, including the name, address, date of birth, social security number, sex, and race of each person in the household. (d) Determine whether there is an indication that a vulnerable adult is abused, neglected, or exploited. (e) Determine the nature and extent of present or prior injuries, abuse, or neglect, and any evidence thereof. (f) Determine, if possible, the person or persons apparently responsible for the abuse, neglect, or exploitation, including name, address, date of birth, social security number, sex, and race. State Statutes 517 (g) Determine the immediate and long-term risk to each vulnerable adult through utilization of standardized risk assessment instruments. (h) Determine the protective, treatment, and ameliorative services necessary to safeguard and ensure the vulnerable adult’s well-being and cause the delivery of those services. (4) No later than 60 days after receiving the initial report, the designated protective investigative staff of the department shall complete the investigation and notify the guardian of the vulnerable adult, the vulnerable adult, and the caregiver of any recommendations of services to be provided to ameliorate the causes or effects of abuse, neglect, or exploitation. (5) Whenever the law enforcement agency and the department have conducted independent investigations, the law enforcement agency shall, within 5 working days after concluding its investigation, report its findings to the state attorney and to the department. (6) Upon receipt of a report which alleges that an employee or agent of the department acting in an official capacity has committed an act of abuse, neglect, or exploitation, the department shall commence, or cause to be commenced, a protective investigation and shall notify the state attorney in whose circuit the alleged abuse, neglect, or exploitation occurred. (7) With respect to any case of reported abuse, neglect, or exploitation of a vulnerable adult, the department, when appropriate, shall transmit all relevant reports to the state attorney of the circuit where the incident occurred. (8) Within 15 days after completion of the state attorney’s investigation of a case reported to him or her pursuant to this section, the state attorney shall report his or her findings to the department and shall include a determination of whether or not prosecution is justified and appropriate in view of the circumstances of the specific case. (9) The department shall not use a warning, reprimand, or disciplinary action against an employee, found in that employee’s personnel records, as the sole basis for a finding of abuse, neglect, or exploitation. 415.105Provision of protective services with consent; withdrawal of consent; interference. (1) PROTECTIVE SERVICES WITH CONSENT. If the department determines through its investigation that a vulnerable adult demonstrates a need for protective services or protective supervision, the department shall immediately provide, or arrange for the provision of, protective services or protective supervision, including in-home services, provided that the vulnerable adult consents. A vulnerable adult in need of services as defined in s. 415.102 shall be referred to the community care for disabled adults program, or to the community care for the elderly program administered by the Department of Elderly Affairs. (2) WITHDRAWAL OF CONSENT. If the vulnerable adult withdraws consent to the receipt of protective services or protective supervision, the services may not be provided, except pursuant to s. 415.1051. (3)INTERFERENCE WITH THE PROVISION OF PROTECTIVE SERVICES. When any person refuses to allow the provision of protective services to a vulnerable adult who has the capacity to consent to services, the department shall petition the court for an order enjoining the person from interfering with the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services. If the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services, the court may issue an order enjoining the person from interfering with the provision of protective services to the vulnerable adult. 415.106 Cooperation by the department and criminal justice and other agencies. (1) All criminal justice agencies have a duty and responsibility to cooperate fully with the department so as to enable the department to fulfill its responsibilities under ss. 415.101-415.113. Such duties include, but are not limited to, forced entry, emergency removal, emergency transportation, and the enforcement of court orders obtained under ss. 415.101-415.113. (2) To ensure coordination, communication, and cooperation with the investigation of abuse, neglect, or exploitation of vulnerable adults, the department shall develop and maintain interprogram agreements or operational procedures among appropriate State Statutes 518 departmental programs and the State Long-Term Care Ombudsman Program, the Florida Statewide Advocacy Council, and other agencies that provide services to vulnerable adults. These agreements or procedures must cover such subjects as the appropriate roles and responsibilities of the department in identifying and responding to reports of abuse, neglect, or exploitation of vulnerable adults; the provision of services; and related coordinated activities. (3) To the fullest extent possible, the department shall cooperate with and seek cooperation from all appropriate public and private agencies, including health agencies, educational agencies, social service agencies, courts, organizations, or programs providing or concerned with human services related to the prevention, identification, or treatment of abuse, neglect, or exploitation of vulnerable adults. 415.107 Confidentiality of reports and records. (1) In order to protect the rights of the individual or other persons responsible for the welfare of a vulnerable adult, all records concerning reports of abuse, neglect, or exploitation of the vulnerable adult, including reports made to the central abuse hotline, and all records generated as a result of such reports shall be confidential and exempt from s. 119.07(1) and may not be disclosed except as specifically authorized by ss. 415.101-415.113. (2) Upon the request of the committee chairperson, access to all records shall be granted to staff of the legislative committees with jurisdiction over issues and services related to vulnerable adults, or over the department. All confidentiality provisions that apply to the Department of Children and Families continue to apply to the records made available to legislative staff under this subsection. (3) Access to all records, excluding the name of the reporter which shall be released only as provided in subsection (6), shall be granted only to the following persons, officials, and agencies: (a) Employees or agents of the department, the Agency for Persons with Disabilities, the Agency for Health Care Administration, or the Department of Elderly Affairs who are responsible for carrying out protective investigations, ongoing protective services, or licensure or approval of nursing homes, assisted living facilities, adult day care centers, adult family-care homes, home care for the elderly, hospices, residential facilities licensed under chapter 393, or other facilities used for the placement of vulnerable adults. (b) A criminal justice agency investigating a report of known or suspected abuse, neglect, or exploitation of a vulnerable adult. (c) The state attorney of the judicial circuit in which the vulnerable adult resides or in which the alleged abuse, neglect, or exploitation occurred. (d) Any victim, the victim’s guardian, caregiver, or legal counsel, and any person who the department has determined might be abusing, neglecting, or exploiting the victim. (e) A court, by subpoena, upon its finding that access to such records may be necessary for the determination of an issue before the court; however, such access must be limited to inspection in camera, unless the court determines that public disclosure of the information contained in such records is necessary for the resolution of an issue then pending before it. (f) A grand jury, by subpoena, upon its determination that access to such records is necessary in the conduct of its official business. (g) Any appropriate official of the Florida advocacy council, State Long-Term Care Ombudsman Program, or long-term care ombudsman council investigating a report of known or suspected abuse, neglect, or exploitation of a vulnerable adult. (h) Any appropriate official of the department, the Agency for Persons with Disabilities, the Agency for Health Care Administration, or the Department of Elderly Affairs who is responsible for: 1. Administration or supervision of the programs for the prevention, investigation, or treatment of abuse, neglect, or exploitation of vulnerable adults when carrying out an official function; or 2. Taking appropriate administrative action concerning an employee alleged to have perpetrated abuse, neglect, or exploitation of a vulnerable adult in an institution. (i) Any person engaged in bona fide research or auditing. However, information identifying the subjects of the report must not be made available to the researcher. (j) Employees or agents of an agency of another state that has jurisdiction comparable to the jurisdiction described in paragraph (a). State Statutes 519 (k) The Public Employees Relations Commission for the sole purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be released only after deletion of all information that specifically identifies persons other than the employee. (l) Any person in the event of the death of a vulnerable adult determined to be a result of abuse, neglect, or exploitation. Information identifying the person reporting abuse, neglect, or exploitation shall not be released. Any information otherwise made confidential or exempt by law shall not be released pursuant to this paragraph. (4) The Department of Health, the Department of Business and Professional Regulation, and the Agency for Health Care Administration may have access to a report, excluding the name of the reporter, when considering disciplinary action against a licensee or certified nursing assistant pursuant to allegations of abuse, neglect, or exploitation. (5) The department may release to any professional person such information as is necessary for the diagnosis and treatment of, and service delivery to, a vulnerable adult or the person perpetrating the abuse, neglect, or exploitation. (6) The identity of any person reporting abuse, neglect, or exploitation of a vulnerable adult may not be released, without that person’s written consent, to any person other than employees of the department responsible for protective services, the central abuse hotline, or the appropriate state attorney or law enforcement agency. This subsection grants protection only for the person who reported the abuse, neglect, or exploitation and protects only the fact that the person is the reporter. This subsection does not prohibit the subpoena of a person reporting the abuse, neglect, or exploitation when deemed necessary by the state attorney or the department to protect a vulnerable adult who is the subject of a report, if the fact that the person made the report is not disclosed. (7) For the purposes of this section, the term “access” means a visual inspection or copy of the hard-copy record maintained in the district. (8) Information in the central abuse hotline may not be used for employment screening. 415.111 Criminal penalties. (1) A person who knowingly and willfully fails to report a case of known or suspected abuse, neglect, or exploitation of a vulnerable adult, or who knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who knowingly and willfully makes public or discloses any confidential information contained in the central abuse hotline, or in other computer systems, or in the records of any case of abuse, neglect, or exploitation of a vulnerable adult, except as provided in ss. 415.101-415.113, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) A person who has custody of records and documents the confidentiality of which is abrogated under s. 415.1045(3) and who refuses to grant access to such records commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) If the department or its authorized agent has determined after its investigation that a report is false, the department shall, with the consent of the alleged perpetrator, refer the reports to the local law enforcement agency having jurisdiction for an investigation to determine whether sufficient evidence exists to refer the case for prosecution for filing a false report as defined in s. 415.102. During the pendency of the investigation by the local law enforcement agency, the department must notify the local law enforcement agency of, and the local law enforcement agency must respond to, all subsequent reports concerning the same vulnerable adult in accordance with s. 415.104 or s. 415.1045. If the law enforcement agency believes that there are indicators of abuse, neglect, or exploitation, it must immediately notify the department, which must assure the safety of the vulnerable adult. If the law enforcement agency finds sufficient evidence for prosecution for filing a false report, it must refer the case to the appropriate state attorney for prosecution. (5) A person who knowingly and willfully makes a false report of abuse, neglect, or exploitation of a vulnerable adult, or a person who advises another to make a false report, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (a) The department shall establish procedures for determining whether a false report of abuse, neglect, or exploitation of a State Statutes 520 vulnerable adult has been made and for submitting all identifying information relating to such a false report to the local law enforcement agency as provided in this subsection and shall report annually to the Legislature the number of reports referred. (b) Anyone making a report who is acting in good faith is immune from any liability under this subsection. 499.61 Definitions. As used in this part: (1) “Dealer” means any person, firm, corporation, or other entity selling, brokering, or transferring ether to anyone other than a licensed ether manufacturer, distributor, or dealer. (2) “Department” means the Department of Business and Professional Regulation. (3) “Distributor” means any person, firm, corporation, or other entity distributing, selling, marketing, transferring, or otherwise supplying ether to retailers, dealers, or any other entity in the primary channel of trade, but does not include retailers. (4) “Ether” means diethyl ether in any form. (5) “Manufacturer” means any person, firm, corporation, or other entity preparing, deriving, producing, synthesizing, or otherwise making ether in any form or repacking, relabeling, or manipulating ether. (6) “Purchaser” means any person, firm, corporation, or other entity who purchases ether in quantities of 2.5 gallons, or equivalent by weight, or more for any purpose whatsoever, but does not include a dealer, distributor, or manufacturer. 499.62 License or permit required of manufacturer, distributor, dealer, or purchaser of ether. (1) It shall be unlawful for any person to engage in the business of manufacturing, distributing, or dealing in ether in this state, except when done in conformity with the provisions of this part. No person shall be required to obtain more than one license under this part to handle ether, but each person shall pay the highest fee applicable to her or his operation in each location. (2) Any person who manufactures, distributes, or deals in ether in this state must possess a current valid license issued by the department, except that a manufacturer, distributor, or dealer who also purchases ether in this state shall not be required to obtain an additional permit as a purchaser of ether. (3) Any person who manufactures, distributes, or deals in ether at or from more than one location must possess a current valid license for each location. (4) Any person who purchases ether in this state must possess a current valid permit issued by the department, except that no permit shall be required of any person who purchases ether in quantities of less than 2.5 gallons, or equivalent by weight. (5) Annual fees for licenses and permits shall be specified by rule of the department, but shall not exceed the following amounts: (a) Manufacturer’s license ........ $700 (b) Distributor’s license . . . . . . . . . . $700 (c) Dealer’s license . . . . . . . . . . . . . $350 (d) Purchaser’s permit . . . . . . . . . . . . $150 (6) Licenses and permits issued by the department shall be valid beginning on October 1 of the year for which they are issued and shall expire on the following September 30. (7) A licensed or permitted facility shall renew its license or permit prior to its expiration date. If a renewal application and fee are not filed by the expiration date of any year, the permit may be reinstated only upon payment of a delinquent fee of $50, plus the required renewal fee, within 30 days after the date of expiration. If any person who is subject to the requirements of this part fails to comply with the renewal, the department shall have the authority to seize all ether products and dispose of them as of November 1 of the year the license or permit expires. Any funds collected from the disposal shall be placed in the Professional Regulation Trust Fund. 499.65 Possession of ether without license or permit prohibited; confiscation and disposal; exceptions. (1) It is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or more of ether unless she or he is the holder of a current valid license or permit as provided by this part. (2) Whenever the department has reason to believe that any person is or has been violating the provisions of this part or any rules adopted pursuant thereto, the department may, without further process of law, confiscate and dispose of the ether in question. The department is authorized to seize and dispose of any abandoned ether. (3) The department is authorized to enter into contracts with private business entities for the purpose of confiscation and disposal of ether as authorized in subsection (2). (4) The provisions of subsection (1) shall not apply to: State Statutes 521 (a) Any common carrier transporting ether into this state or within the boundaries of this state by air, highway, railroad, or water; (b) Any contract or private carrier transporting ether on highways into this state or within the boundaries of this state by motor vehicle when such contract or private carrier is engaged in such transport pursuant to certificate or permit, by whatever name, issued to them by any federal or state officer, agency, bureau, commission, or department; (c) Pharmacists, for use in the usual course of their professional practice or in the performance of their official duties; (d) Medical practitioners, for use in the usual course of their professional practice or in the performance of their official duties; (e) Persons who procure ether for disposition by or under the supervision of pharmacists or medical practitioners employed by them or for the purpose of lawful research, teaching, or testing, and not for resale; (f) Hospitals and other institutions which procure ether for lawful administration by practitioners; (g) Officers or employees of federal, state, or local governments carrying out their official duties; and (h) Law enforcement agencies of this state or any of its political subdivisions, and the employees thereof, so long as said agencies and employees are acting within the scope of their respective official capacities and in the performance of their duties. (5) The department may adopt rules regarding persons engaged in lawful teaching, research, or testing who possess ether and may issue letters of exemption to facilitate the lawful possession of ether under this section. 499.67 Maintenance of records by purchasers; inspections. (1) It is unlawful for any person to purchase, receive, store, or use ether without maintaining an accurate and current written inventory of all ether purchased, received, stored, and used. (2) Such records shall include, but not be limited to, invoices, receipts, sales tickets, and sales slips; locations, quantities, and dates of use; the names of any persons using the ether; and the names and license or permit numbers of all persons making such records. Such records shall be maintained by permittees for a period of 5 years. (3) Such records shall be made accessible to, and subject to examination and copying by, the department and any law enforcement officer of this state without any requirement of probable cause or search warrant. (4) It is unlawful for any person to knowingly withhold information or make any false or fictitious entry or misrepresentation upon any such records for the purchase, receipt, storage, or use of ether. (5) It is unlawful for any person to refuse entry or inspection by the department of factories, warehouses, or establishments in which ether is manufactured, processed, repackaged, or held; to refuse entry by the department into any vehicle being used to transport ether; or to refuse the taking of samples by the department. 499.68 Reports of thefts, illegal use, or illegal possession. (1) Any sheriff, police department, or law enforcement officer of this state shall give immediate notice to the department of any theft, illegal use, or illegal possession of ether involving any person and shall forward a copy of his or her final written report to the department. (2) Any licensee or permittee who incurs a loss, an unexplained shortage, or a theft of ether, or who has knowledge of a loss, an unexplained shortage, or a theft of ether, shall, within 12 hours after the discovery thereof, report such loss, theft, or unexplained shortage to the county sheriff or police chief of the jurisdiction in which the loss, theft, or unexplained shortage occurred. Such loss, theft, or unexplained shortage must also be reported to the department by the close of the next business day following the discovery thereof. (3) Any law enforcement agency which investigates the causes and circumstances of any loss, theft, or unexplained shortage of ether shall forward a copy of its final written report to the department. The department shall retain all such reports in the respective files of the affected licensees and permittees. 499.69 Possession in or near residential housing prohibited; legal entitlement to possession of premises not a defense. (1) Notwithstanding the possession of a current valid license or permit as provided in this part, it is unlawful for any person to State Statutes 522 possess 2.5 gallons, or equivalent by weight, or more of ether in, or within 500 feet of, any residential housing structure. (2) A defendant's legal entitlement to possession of the property where the violation occurred shall not be a defense to a prosecution for a violation of subsection (1). 499.75 Penalties. (1)Any person who knowingly manufactures, distributes, or deals in ether without possessing a valid current license as required by s. 499.62(2) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who knowingly purchases 2.5 gallons, or equivalent by weight, or more of ether without possessing a valid current permit as required by s. 499.62(4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who knowingly withholds information or presents to the department any false, fictitious, or misrepresented application, identification, document, information, statement, or data intended or likely to deceive the department for the purpose of obtaining a license or permit as prohibited by s. 499.64(4) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who knowingly possesses 2.5 gallons, or equivalent by weight, or more of ether and is not the holder of a valid current license or permit as prohibited by s. 499.65(1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Any person who knowingly sells or otherwise transfers 2.5 gallons, or equivalent by weight, or more of ether to any person who is not the holder of a valid current license or permit as prohibited by s. 499.66(1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any invoice, receipt, sales ticket, sales slip, or account of inventories as prohibited by s. 499.66(5) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any licensee who knowingly fails to maintain written accounts of inventories or records of sales or transfers as required by s. 499.66(3) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (8) Any permittee who knowingly fails to maintain written inventories and records as required by s. 499.67 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (9) Any licensee or permittee who fails to report the loss, unexplained shortage, or theft of ether as required by s. 499.68(2) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (10) Any person who knowingly possesses 2.5 gallons, or equivalent by weight, or more of ether in, or within 500 feet of, any residential housing structure as prohibited by s. 499.69(1) is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 499.77 Exceptions. Nothing contained in this part shall apply to the regular military and naval forces of the United States, or to the duly organized military forces of any state or territory thereof, provided that they are acting within their respective official capacities and in the performance of their duties. 506.502 Definitions. For the purposes of ss. 506.501 - 506.519, the term: (1) "Bakery container" means any permanent type of container which is used by a bakery, distributor, retailer, or food service establishment or the agent of any of them as a means to transport, store, or carry bakery products. (2) "Dairy case" means a wire or plastic container which holds 16 quarts or more of beverage and is used by a distributor, retailer, or its agent as a means to transport, store, or carry dairy products. (3) "Department" means the Department of State. (4) "Egg basket" means any permanent type of container which contains four dozen or more shell eggs and is used by a distributor, retailer, or its agent as a means to transport, store, or carry eggs. (5) "Laundry cart" means a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant for the purpose of transporting laundry and laundry supplies. (6) "Name or mark" means any permanently State Statutes 523 affixed or permanently stamped name or mark which has been registered with the Department of State pursuant to s. 506.503 and is used for the purpose of identifying the registered owner of dairy cases, egg baskets, poultry boxes, or bakery containers. (7) "Parking area" means a lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment. (8) "Poultry box" means any permanent type of container which is used by a processor, distributor, retailer, food service establishment, or its agent as a means to transport, store, or carry poultry. (9) "Registered owner" means any person, firm, corporation, or association registered with the department as the owner of an identifying name or mark described in subsection (6). (10) "Shopping cart" means a basket mounted on wheels or a similar device which is generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 506.508 Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers. No person, firm, corporation, or association shall use for any purpose any container which is identified with or by any name or mark registered with the department as provided in s. 506.503 unless such person is the registered owner of the name or mark. No person, firm, corporation, or association shall deface, obliterate, destroy, cover up, or otherwise remove or conceal any such name or mark without the written consent of the registered owner. 506.509 Possession of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, or bakery containers. Any person who is in possession of any shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container with a registered name or mark shall be presumed to be in possession of stolen property and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082. 506.513 Illegal use of shopping carts and laundry carts. It is a violation of ss. 506.501 - 506.519: (1) To remove any shopping cart or laundry cart from the premises or parking area of a retail establishment with intent to deprive temporarily or permanently the owner of such cart, or the retailer, of possession of the cart. (2) To remove a shopping cart or laundry cart, without written authorization, from its owner or from the premises or parking area of any retail establishment. (3) To remove, obliterate, or alter any serial number or sign affixed to a shopping cart or laundry cart. 506.514 Unlawful removal of dairy cases. It is a violation of ss. 506.501 - 506.519 for any person not in lawful possession of a dairy case to remove a dairy case from the premises, the parking area, or any other area of any retail establishment, or from any dairy delivery vehicle, if: (1) The dairy case is marked on at least two sides with a registered name or mark; and (2) A notice to the public, warning that use by any person other than the registered owner is punishable by law, is visibly displayed on the dairy case. 506.515 Unlawful removal of egg baskets, poultry boxes, or bakery containers. It is a violation of ss. 506.501 506.519 for any person not in lawful possession of an egg basket, poultry box, or bakery container to remove such egg basket, poultry box, or bakery container from the premises, the parking area, or any other area of any processor, bakery, distributor, retailer, or food service establishment. 506.518 Penalty. Any person who violates any of the provisions of ss. 506.501 506.519 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 506.519 Scope of 506.501 - 506.519 (1) Sections 506.501-506.519 do not apply to the owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container; to a retailer; to the agents or employees of such owner or retailer; or to a customer who has written consent from the owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery container, or from a retailer, to possess such cart, case, basket, box, or container or remove it from the premises or the parking area of the retail establishment. (2) The provisions of ss. 506.501-506.519 are intended to be supplemental to the other State Statutes 524 provisions of this chapter and any other provisions of law governing the subject matter of ss. 506.501-506.519. 509.092 Public lodging establishments and public food service establishments; rights as private enterprises. Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person who is objectionable or undesirable to the operator, but such refusal may not be based upon race, creed, color, sex, pregnancy, physical disability, or national origin. A person aggrieved by a violation of this section or a violation of a rule adopted under this section has a right of action pursuant to s. 760.11. 509.141 Refusal of admission and ejection of undesirable guests; notice; procedure; penalties for refusal to leave (1) The operator of any public lodging establishment or public food service establishment may remove or cause to be removed from such establishment, in the manner hereinafter provided, any guest of the establishment who, while on the premises of the establishment, illegally possesses or deals in controlled substances as defined in chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges in any language or conduct which disturbs the peace and comfort of other guests or which injures the reputation, dignity, or standing of the establishment; who, in the case of a public lodging establishment, fails to make payment of rent at the agreed upon rental rate by the agreed upon check out time; who, in the case of a public lodging establishment, fails to check out by the time agreed upon in writing by the guest and public lodging establishment at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to check out; who, in the case of a public food service establishment, fails to make payment for food, beverages, or services; or who, in the opinion of the operator, is a person the continued entertainment of whom would be detrimental to such establishment. The admission to, or the removal from, such establishment shall not be based upon race, creed, color, sex, physical disability, or national origin. (2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows: "You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state." (If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24 hour period of such day). (3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) If any person is illegally on the premises of any public lodging establishment or public food service establishment, the operator of such establishment may call upon any law enforcement officer of this state for assistance. It is the duty of such law enforcement officer, upon the request of such operator, to place under arrest and take into custody for violation of this section any guest who violates subsection (3) in the presence of the officer. If a warrant has been issued by the proper judicial officer for the arrest of any violator of subsection (3), the officer shall serve the warrant, arrest the person, and take the person into custody. Upon arrest, with or without warrant, the guest will be deemed to have given up any right to occupancy or to have abandoned such right of occupancy of the premises, and the operator of the establishment may then make such premises available to other guests. However, the operator of the establishment shall employ all reasonable and proper means to care for any personal property which may be left on the premises by such guest and shall refund any unused portion of moneys paid by such guest for the occupancy of such premises. 509.142 Conduct on premises; refusal of service. The operator of a public lodging establishment or public food service establishment may refuse accommodations State Statutes 525 or service to any person whose conduct on the premises of the establishment displays intoxication, profanity, lewdness, or brawling; who indulges in language or conduct such as to disturb the peace or comfort of other guests; who engages in illegal or disorderly conduct; who illegally possesses or deals in controlled substances as defined in chapter 893; or whose conduct constitutes a nuisance. Such refusal may not be based upon race, creed, color, sex, physical disability, or national origin. 509.143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability (1) An operator may take a person into custody and detain that person in a reasonable manner and for a reasonable time if the operator has probable cause to believe that the person was engaging in disorderly conduct in violation of s. 877.03 on the premises of the licensed establishment and that such conduct was creating a threat to the life or safety of the person or others. The operator shall call a law enforcement officer to the scene immediately after detaining a person under this subsection. (2) A law enforcement officer may arrest, either on or off the premises of the licensed establishment and without a warrant, any person the officer has probable cause to believe violated s. 877.03 on the premises of a licensed establishment and, in the course of such violation, created a threat to the life or safety of the person or others. (3) An operator or a law enforcement officer who detains a person under subsection (1) or makes an arrest under subsection (2) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any action taken in compliance with subsection (1) or subsection (2). (4) A person who resists the reasonable efforts of an operator or a law enforcement officer to detain or arrest that person in accordance with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the person did not know or did not have reason to know that the person seeking to make such detention or arrest was the operator of the establishment or a law enforcement officer. 509.144Prohibited handbill distribution in a public lodging establishment; penalties. (1) As used in this section, the term: (a) “Handbill” means a flier, leaflet, pamphlet, or other written material that advertises, promotes, or informs persons about a person, business, company, or food service establishment but does not include employee communications permissible under the National Labor Relations Act, other communications protected by the First Amendment to the United States Constitution, or communications about public health, safety, or welfare distributed by a federal, state, or local governmental entity or a public or private utility. (b) “Without permission” means without the expressed written permission of the owner, manager, or agent of the owner or manager of the public lodging establishment where a sign is posted prohibiting advertising or solicitation in the manner provided in subsection (5). (c) “At or in a public lodging establishment” means any property under the sole ownership or control of a public lodging establishment. (2) Any person, agent, contractor, or volunteer who is acting on behalf of a person, business, company, or food service establishment and who, without permission, delivers, distributes, or places, or attempts to deliver, distribute, or place, a handbill at or in a public lodging establishment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who, without permission, directs another person to deliver, distribute, or place, or attempts to deliver, distribute, or place, a handbill at or in a public lodging establishment commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person sentenced under this subsection shall be ordered to pay a minimum fine of $500 in addition to any other penalty imposed by the court. (4) In addition to any penalty imposed by the court, a person who violates subsection (2) or subsection (3): (a) Shall pay a minimum fine of $2,000 for a second violation. (b) Shall pay a minimum fine of $3,000 for a third or subsequent violation. (5) For purposes of this section, a public lodging establishment that intends to prohibit advertising or solicitation, as described in this section, at or in such establishment must comply with the following requirements when posting a sign State Statutes 526 prohibiting such solicitation or advertising: (a) There must appear prominently on any sign referred to in this subsection, in letters of not less than 2 inches in height, the terms “no advertising” or “no solicitation” or terms that indicate the same meaning. (b)The sign must be posted conspicuously. (c) If the main office of the public lodging establishment is immediately accessible by entering the office through a door from a street, parking lot, grounds, or other area outside such establishment, the sign must be placed on a part of the main office, such as a door or window, and the sign must face the street, parking lot, grounds, or other area outside such establishment. (d) If the main office of the public lodging establishment is not immediately accessible by entering the office through a door from a street, parking lot, grounds, or other area outside such establishment, the sign must be placed in the immediate vicinity of the main entrance to such establishment, and the sign must face the street, parking lot, grounds, or other area outside such establishment. (6) Any personal property, including, but not limited to, any vehicle, item, object, tool, device, weapon, machine, money, security, book, or record, that is used or attempted to be used as an instrumentality in the commission of, or in aiding and abetting in the commission of, a person’s third or subsequent violation of this section, whether or not comprising an element of the offense, is subject to seizure and forfeiture under the Florida Contraband Forfeiture Act. 509.151 Obtaining food or lodging with intent to defraud; penalty (1) Any person who obtains food, lodging, or other accommodations having a value of less than $300 at any public food service establishment, or at any transient establishment, with intent to defraud the operator thereof, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; if such food, lodging, or other accommodations have a value of $300 or more, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) This section does not apply where there has been an agreement in writing for delay in payments. This section shall not be used to circumvent the procedural requirements of the Florida Residential Landlord and Tenant Act. 509.161 Rules of evidence in prosecutions. In prosecutions under s. 509.151, proof that lodging, food, or other accommodations were obtained by false pretense; by false or fictitious show of baggage or other property; by absconding without paying or offering to pay for such food, lodging, or accommodations; or by surreptitiously removing or attempting to remove baggage shall constitute prima facie evidence of fraudulent intent. If the operator of the establishment has probable cause to believe, and does believe, that any person has obtained food, lodging, or other accommodations at such establishment with intent to defraud the operator thereof, the failure to make payment upon demand therefor, there being no dispute as to the amount owed, shall constitute prima facie evidence of fraudulent intent in such prosecutions. 509.162 Theft of personal property; detaining and arrest of violator; theft by employee (1) Any law enforcement officer or operator of a public lodging establishment or public food service establishment who has probable cause to believe that theft of personal property belonging to such establishment has been committed by a person and that the officer or operator can recover such property or the reasonable value thereof by taking the person into custody may, for the purpose of attempting to effect such recovery or for prosecution, take such person into custody on the premises and detain such person in a reasonable manner and for a reasonable period of time. If the operator takes the person into custody, a law enforcement officer shall be called to the scene immediately. The taking into custody and detention by a law enforcement officer or operator of a public lodging establishment or public food service establishment, if done in compliance with this subsection, does not render such law enforcement officer or operator criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (2) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person if there is probable cause to believe that person has committed theft in a public lodging establishment or in a public food service establishment. State Statutes 527 (3) Any person who resists the reasonable effort of a law enforcement officer or operator of a public lodging establishment or public food service establishment to recover property which the law enforcement officer or operator had probable cause to believe had been stolen from the public lodging establishment or public food service establishment, and who is subsequently found to be guilty of theft of the subject property, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless such person did not know, or did not have reason to know, that the person seeking to recover the property was a law enforcement officer or the operator. For purposes of this section, the charge of theft and the charge of resisting apprehension may be tried concurrently. (4) Theft of any property belonging to a guest of an establishment licensed under this chapter, or of property belonging to such establishment, by an employee of the establishment or by an employee of a person, firm, or entity which has contracted to provide services to the establishment constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 538.03 Definitions; applicability. (1) As used in this part, the term: (a) “Acquire” means to obtain by purchase, consignment, or trade. (b) “Appropriate law enforcement official” means the sheriff of the county in which a secondhand dealer is located or, if the secondhand dealer is located within a municipality, both the police chief of the municipality and the sheriff; however, the sheriff or police chief may designate as the appropriate law enforcement official for that county or municipality, as applicable, any law enforcement officer working within that respective county or municipality. This paragraph does not limit the authority or duties of the sheriff. (c) “Automated kiosk” means an interactive device that is permanently installed within a secure retail space and that has the following technological functions: 1. Remotely monitored by a live representative during all business operating hours; 2. Verification of a seller’s identity by government-issued photographic identification card; 3. Automated reading and recording of item serial numbers; 4. Ability to compare item serial numbers against databases of stolen items; 5. Secure storage of goods accepted by the kiosk; and 6. Capture and storage of images during the transaction. (d) “Consignment shop” means a shop engaging in the business of accepting for sale, on consignment, secondhand goods which, having once been used or transferred from the manufacturer to the dealer, are then received into the possession of a third party. (e) “Department” means the Department of Revenue. (f) “Precious metals” means any item containing any gold, silver, or platinum, or any combination thereof, excluding any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts. (g) “Precious metals dealer” means a secondhand dealer who normally or regularly engages in the business of buying used precious metals for resale. The term does not include those persons involved in the bulk sale of precious metals from one secondhand or precious metals dealer to another. (h) “Secondhand dealer” means any person, corporation, or other business organization or entity which is not a secondary metals recycler subject to part II and which is engaged in the business of purchasing, consigning, or trading secondhand goods. The term includes any secondhand dealer engaged in the business of purchasing secondhand goods by means of an automated kiosk. (i) “Secondhand goods” means personal property previously owned or used which is not regulated metals property regulated under part II and which is purchased, consigned, or traded as used property. The term includes gift certificates and credit memos as defined in s. 501.95 which are purchased, consigned, or traded by a secondhand dealer. The term does not include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume jewelry, cardio and strength training or conditioning equipment designed primarily for indoor use, and secondhand sports equipment that is not permanently labeled with a serial number. As used in this paragraph, the term “secondhand sports equipment” does not include golf clubs. State Statutes 528 (j) “Secondhand store” means the place or premises at which a secondhand dealer is registered to conduct business as a secondhand dealer or conducts business. (k) “Transaction” means any purchase, consignment, or trade of secondhand goods by a secondhand dealer. (2) This chapter does not apply to: (a) Any secondhand goods transaction involving an organization or entity registered with the state as a nonprofit, religious, or charitable organization or any school-sponsored association or organization other than a secondary metals recycler subject to the provisions of part II. (b) A law enforcement officer acting in an official capacity. (c) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondhand dealer. (d) Any public official acting under judicial process or authority who has presented proof of such status to the secondhand dealer. (e) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondhand dealer. (f) Any garage sale operator who holds garage sales less than 10 weekends per year. (g) Any person at antique, coin, or collectible shows or sales. (h) Any person who sells household personal property as an agent for the property owner or the property owner’s representative pursuant to a written agreement at that person’s residence. (i) The purchase, consignment, or trade of secondhand goods from one secondhand dealer to another secondhand dealer when the selling secondhand dealer has complied with the requirements of this chapter. (j) Any person accepting a secondhand good as a trade-in for a similar item of greater value. (k) Any auction business as defined in s. 468.382 operating as an auction business in the buying and selling of estates, business inventory, surplus merchandise, or business liquidations. (l) Any business that is registered with the Department of Revenue for sales tax purposes as an antique dealer pursuant to chapter 212 and that purchases secondhand goods from the property owner or her or his representative at the property owner’s residence pursuant to a written agreement that states the name, address, and telephone number of the property owner and the type of property purchased. (m)A business that contracts with other persons or entities to offer its secondhand goods for sale, purchase, consignment, or trade via an Internet website, and that maintains a shop, store, or other business premises for this purpose, if all of the following apply: 1. The secondhand goods must be available on the website for viewing by the public at no charge; 2. The records of the sale, purchase, consignment, or trade must be maintained for at least 2 years; 3. The records of the sale, purchase, consignment, or trade, and the description of the secondhand goods as listed on the website, must contain the serial number of each item, if any; 4. The secondhand goods listed on the website must be searchable based upon the state or zip code; 5. The business must provide the appropriate law enforcement official with the name or names under which it conducts business on the website; 6. The business must allow the appropriate law enforcement official to inspect its business premises at any time during normal business hours; 7. Any payment by the business resulting from such a sale, purchase, consignment, or trade must be made to the person or entity with whom the business contracted to offer the goods and must be made by check or via a money services business licensed under part II of chapter 560; and 8. a. At least 48 hours after the estimated time of contracting to offer the secondhand goods, the business must verify that any item having a serial number is not stolen property by entering the serial number of the item into the Department of Law Enforcement’s stolen article database located at the Florida Crime Information Center’s public access system website. The business shall record the date and time of such verification on the contract covering the goods. If such verification reveals that an item is stolen property, the business shall immediately remove the item from any website on which it is being offered and notify the appropriate law enforcement official; or b. The business must provide the State Statutes 529 appropriate law enforcement official with an electronic copy of the name, address, phone number, driver license number, and issuing state of the person with whom the business contracted to offer the goods, as well as an accurate description of the goods, including make, model, serial number, and any other unique identifying marks, numbers, names, or letters that may be on an item, in a format agreed upon by the business and the appropriate law enforcement official. This information must be provided to the appropriate law enforcement official within 24 hours after entering into the contract unless other arrangements are made between the business and the law enforcement official. (n) Any person offering his or her own personal property for sale, purchase, consignment, or trade via an Internet website, or a person or entity offering the personal property of others for sale, purchase, consignment, or trade via an Internet website, when that person or entity does not have, and is not required to have, a local occupational or business license for this purpose. (o) A business whose primary business is the sale, rental, or trade of motion picture videos or video games, if the business: 1. Requires the sellers of secondhand goods to have a current account with the business; 2. Has on file in a readily accessible format the name, current residential address, home and work telephone numbers, government-issued identification number, place of employment, date of birth, gender, and right thumbprint of each seller of secondhand goods; 3. Purchases secondhand goods from the property owner or his or her representative at the place of business pursuant to an agreement in writing and signed by the property owner which describes the property purchased, states the date and time of the purchase, and states that the seller is the lawful owner of the property; 4. Retains such purchase agreements for not less than 1 year; and 5. Pays for the purchased property in the form of a store credit that is issued to the seller and is redeemable solely by the seller or another authorized user of the seller’s account with that business. (p) A motor vehicle dealer as defined in s. 320.27. (3) This part does not apply to secondary metals recyclers regulated under part II, except for s. 538.11, which applies to both secondhand dealers and secondary metals recyclers. 538.04 Recordkeeping requirements; penalties. (1) A secondhand dealer shall complete a secondhand dealers transaction form at the time of the actual transaction. A secondhand dealer shall maintain a copy of a completed transaction form on the registered premises for at least 1 year after the date of the transaction. However, the secondhand dealer shall maintain a copy of the transaction form for not less than 3 years. Unless other arrangements are agreed upon by the secondhand dealer and the appropriate law enforcement official, the secondhand dealer shall, within 24 hours after acquiring any secondhand goods, deliver to such official a record of the transaction on a form approved by the Department of Law Enforcement. Such record shall contain: (a) The time, date, and place of the transaction. (b) A complete and accurate description of the goods acquired, including the following information, if applicable: 1. Brand name. 2. Model number. 3. Manufacturer’s serial number. 4. Size. 5. Color, as apparent to the untrained eye. 6. Precious metal type, weight, and content if known. 7. Gemstone description, including the number of stones, if applicable. 8. In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel length, and finish. 9. Any other unique identifying marks, numbers, or letters. (c) Digital photographs of the goods, clearly showing the items required to be included on the record as provided in paragraph (b). (d) A description of the person from whom the goods were acquired, including: 1. Full name, current residential address, workplace, and home and work phone numbers. 2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. 3. The right thumbprint, free of smudges and smears, of the person from whom the goods were acquired. State Statutes 530 (e) Any other information required by the form approved by the Department of Law Enforcement. (2) The secondhand dealer shall require verification of the identification by the exhibition of a government-issued photographic identification card such as a driver license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon. (3) The seller shall sign a statement verifying that the seller is the rightful owner of the goods or is entitled to sell, consign, or trade the goods. (4) Any person who knowingly gives false verification of ownership or who gives a false or altered identification, and who receives money from a secondhand dealer for goods sold, consigned, or traded commits: (a) If the value of the money received is less than $300, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the value of the money received is $300 or more, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Secondhand dealers are exempt from the provisions of this section for all transactions involving secondhand sports equipment except secondhand sports equipment that is permanently labeled with a serial number. (6) If the appropriate law enforcement official supplies a secondhand dealer with appropriate software and the secondhand dealer has computer capability, the secondhand dealer must electronically transmit secondhand dealer transactions required by this section to such official. If a secondhand dealer does not have computer capability, the appropriate law enforcement official may provide the secondhand dealer with a computer and all equipment necessary to electronically transmit secondhand dealer transactions. The appropriate law enforcement official shall retain ownership of the computer, unless otherwise agreed upon, and the secondhand dealer shall maintain the computer in good working order, except for ordinary wear. A secondhand dealer who transmits secondhand dealer transactions electronically is not required to also deliver the original or paper copies of the secondhand transaction forms to the appropriate law enforcement official. However, such official may, for purposes of a criminal investigation, request the secondhand dealer to deliver the original transaction form that was electronically transmitted. The secondhand dealer shall deliver the form to the appropriate law enforcement official within 24 hours after receipt of the request. (7) If the original transaction form is lost or destroyed by the appropriate law enforcement official, a copy may be used by the secondhand dealer as evidence in court. When an electronic image of a customer’s identification is accepted for a transaction, the secondhand dealer must maintain the electronic image in order to meet the recordkeeping requirements applicable to the original transaction form. If a criminal investigation occurs, the secondhand dealer shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement official. (8) When secondhand goods are purchased by means of an automated kiosk, the serial number reported pursuant to this section may be the International Mobile Station Equipment Identity (IMEI), the mobile equipment identifier (MEID), or another unique identifying number assigned to the device by the manufacturer. If the IMEI, MEID, or other unique identifying number is not available at the time of receipt or purchase, the report filed pursuant to this section must be updated with the IMEI, MEID, or other unique identifying number as soon as possible, but no later than 10 business days after the date of acquisition. If such identifying numbers are not available at the time of the transaction, the business shall assign another unique identifier to the item which directly associates the item to the transaction that it was purchased in. Upon entering or updating any information on the transaction form, a law enforcement official, as designated by the sheriff or the chief of police of the jurisdiction in which the item was purchased, must be timely notified in writing or by electronic means, as required by the sheriff or chief of police of the jurisdiction. If, upon receiving the device and correcting the missing information, the company finds that the item was misappropriated or stolen, the appropriate law enforcement official must be notified. The holding requirements of ss. 538.06 and 538.09(3) do not begin until all required reports are complete and submitted to the appropriate law enforcement official. State Statutes 531 538.05 Inspection of records and premises of secondhand dealers. (1) The entire registered premises and required records of each secondhand dealer are subject to inspection during regular business hours by any law enforcement officer having jurisdiction. (2) The inspection authorized by subsection (1) shall consist of an examination on the registered premises of the inventory and required records to determine whether the records and inventory are being maintained on the registered premises as required by s. 538.04 and whether the holding period required by s. 538.06 is being complied with. 538.06 Holding period. (1) (a) A secondhand dealer may not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand good: 1. That is a precious metal, a gemstone, or jewelry; an antique furnishing, fixture, or decorative object; or an item of art as defined in s. 686.501 within 30 calendar days after the date on which the good is acquired. 2. That is not described in subparagraph 1. within 15 calendar days after the date on which the good is acquired. 3. Within 30 calendar days after the date on which the good is acquired if the secondhand dealer uses an automated kiosk. Such holding periods are not applicable when the person known by the secondhand dealer to be the person from whom the goods were acquired desires to redeem, repurchase, or recover the goods, provided the dealer can produce the record of the original transaction with verification that the customer is the person from whom the goods were originally acquired. (b) For purposes of this subsection, the term “antique” means the item is at least 30 years old and has special value because of its age. (2) A secondhand dealer must maintain actual physical possession of all secondhand goods throughout a transaction. It is unlawful for a secondhand dealer to accept title or any other form of security in secondhand goods in lieu of actual physical possession. A secondhand dealer who accepts title or any other form of security in secondhand goods in lieu of actual physical possession commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Upon probable cause that goods held by a secondhand dealer are stolen, a law enforcement officer with jurisdiction may place a 90-day written hold order on the goods. However, the hold may be extended beyond 90 days by a court of competent jurisdiction upon a finding of probable cause that the property is stolen and further holding is necessary for the purposes of trial or to safeguard such property. The dealer shall assume all responsibility, civil or criminal, relative to the property or evidence in question, including responsibility for the actions of any employee with respect thereto. (4) While a hold order is in effect, the secondhand dealer must, upon request, release the property subject to the hold order to the custody of a law enforcement officer with jurisdiction for use in a criminal investigation. The release of the property to the custody of the law enforcement officer is not considered a waiver or release of the secondhand dealer’s rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the secondhand dealer unless the court orders other disposition. When such other disposition is ordered, the court shall additionally order the person from whom the secondhand dealer acquired the property to pay restitution to the secondhand dealer in the amount that the secondhand dealer paid for the property together with reasonable attorney’s fees and costs. (5) All dealers in secondhand property regulated by this chapter shall maintain transaction records for 3 years. 538.07 Penalty for violation of chapter. (1) Except where otherwise provided herein, a person who knowingly violates any provision of this chapter commits a misdemeanor of the first degree, punishable as provided in s. 775.082 and by a fine not to exceed $10,000. (2) When the lawful owner recovers stolen property from a secondhand dealer and the person who sold or pledged the stolen property to the secondhand dealer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make restitution to the secondhand dealer or the lawful owner, as applicable, pursuant to s. 775.089. 538.08 Stolen goods; complaint for return. (1) If the secondhand dealer contests the State Statutes 532 identification, ownership, or right of possession of the property, the person alleging ownership or right of possession of the property may, provided that a timely report of the theft of the goods was made to the proper authorities, bring an action for replevin in the county or circuit court. The complaint may be in substantially the following form: Plaintiff A. B. sues defendant C. D., and alleges: 1. This is an action to recover possession of personal property in County, Florida. 2. The description of the property is: (list property). To the best of plaintiff’s knowledge, information, and belief, the value of the property is $ . 3. Plaintiff is the lawful owner of the property or is entitled to the possession of the property under a security agreement dated, (year), a copy of which is attached. 4. To plaintiff’s best knowledge, information, and belief, the property is located at . 5. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession). To plaintiff’s best knowledge, information, and belief, defendant detains the property because (give reasons). 6. The property has not been taken under an execution or attachment against plaintiff’s property. (2) The filing fees shall be waived by the clerk of the court, and the service fees shall be waived by the sheriff. The court shall award the prevailing party attorney fees and costs. In addition, when the filing party prevails in the replevin action, the court shall order payment of filing fees to the clerk and service fees to the sheriff. (3) Upon the filing of the complaint, the court shall set a hearing to be held at the earliest possible time. The plaintiff is entitled to the summary procedure provided in s. 51.011. Upon receipt of the complaint, the secondhand dealer shall hold the property at issue until the court determines the respective interests of the parties. (4) In addition to the civil complaint for return remedy, the state may file a motion as part of a pending criminal case related to the property. The criminal court has jurisdiction to determine ownership, to order return or other disposition of the property, and to order appropriate restitution to any person. Such order shall be entered upon hearing after proper notice has been given to the secondhand dealer, the victim, and the defendant in the criminal case. (5) A secondhand dealer commits a noncriminal violation, punishable as provided in s. 775.083 by a fine of up to $2,500, if all of the following occur: (a) An owner or a lienor makes a written demand for return of the property and provides proof of ownership or proof of the right of possession to the secondhand dealer at least 5 calendar days before filing a replevin action. (b) The secondhand dealer knows or should have known based on the proof provided under paragraph (a) that the property belongs to the owner or lienor. (c) The secondhand dealer fails to return the property and does not file an action in interpleader to determine conflicting claims to the property. (d) The owner or lienor prevails in the replevin action against the secondhand dealer. 538.15 Certain acts and practices prohibited. It is unlawful for a secondhand dealer or any employee thereof to do or allow any of the following acts: (1) Knowingly make a transaction with: (a) Any person who is under the influence of drugs or alcohol when such condition is visible or apparent; (b) Any person under the age of 18 years; or (c) Any person using a name other than her or his own name or the registered name of her or his business. (2) Have a secondhand store open or engage in or conduct business as a secondhand dealer between the hours of 10 p.m. and 8 a.m. A secondhand dealer shall not conduct any transaction at a drive-through window or similar device. (3) Fail to pay any sales tax owed to the Department of Revenue or fail to have a sales tax registration number. 538.18 Definitions. As used in this part, the term: (1) “Appropriate law enforcement official” means the sheriff of the county in which a secondary metals recycler is located or, if the secondary metals recycler is located within a municipality, the police chief of the municipality in which the secondary metals recycler is located; however, the sheriff or police chief may designate as the appropriate law enforcement official for the county or municipality, as applicable, any State Statutes 533 law enforcement officer working within that respective county or municipality. This subsection does not limit the authority or duties of the sheriff. (2) “Department” means the Department of Revenue. (3) “Ferrous metals” means any metals containing significant quantities of iron or steel. (4) “Fixed location” means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days. (5) “Money” means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency. (6) “Nonferrous metals” means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals subject to regulation under part I. (7) “Personal identification card” means a valid Florida driver license, a Florida identification card issued by the Department of Highway Safety and Motor Vehicles, an equivalent form of identification issued by another state, a passport, or an employment authorization issued by the United States Bureau of Citizenship and Immigration Services that contains an individual’s photograph and current address. (8) “Purchase transaction” means a transaction in which a secondary metals recycler gives consideration for regulated metals property. (9) “Regulated metals property” means any item composed primarily of any nonferrous metals. The term does not include aluminum beverage containers, used beverage containers, or similar beverage containers; however, the term includes stainless steel beer kegs and items made of ferrous metal obtained from any restricted regulated metals property. (10) “Restricted regulated metals property” means any regulated metals property listed in s. 538.26(5)(b) the sale of which is restricted as provided in s. 538.26(5)(a). (11) “Secondary metals recycler” means any person who: (a) Is engaged, from a fixed location, in the business of purchase transactions or gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or (b) Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof. (12) “Utility” means a public utility or electric utility as defined in s. 366.02 or a person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, that is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service. 538.19 Records required; limitation of liability. (1) A secondary metals recycler shall maintain a legible paper record of all purchase transactions to which such secondary metals recycler is a party. A secondary metals recycler shall also maintain a legible electronic record, in the English language, of all such purchase transactions. The appropriate law enforcement official may provide data specifications regarding the electronic record format, but such format must be approved by the Department of Law Enforcement. An electronic record of a purchase transaction shall be electronically transmitted to the appropriate law enforcement official no later than 10 a.m. of the business day following the date of the purchase transaction. The record transmitted to the appropriate law enforcement official must not contain the price paid for the items. A secondary metals recycler who transmits such records electronically is not required to also deliver the original or paper copies of the transaction forms to the appropriate law enforcement official. However, such official may, for purposes of a criminal investigation, request the secondary metals recycler to make available the original State Statutes 534 transaction form that was electronically transmitted. This original transaction form must include the price paid for the items. The secondary metals recycler shall make the form available to the appropriate law enforcement official within 24 hours after receipt of the request. (2) The following information must be maintained on the form approved by the Department of Law Enforcement for each purchase transaction: (a) The name and address of the secondary metals recycler. (b) The name, initials, or other identification of the individual entering the information on the ticket. (c) The date and time of the transaction. (d) The weight, quantity, or volume, and a description of the type of regulated metals property purchased in a purchase transaction. (e) The amount of consideration given in a purchase transaction for the regulated metals property. (f) A signed statement from the person delivering the regulated metals property stating that she or he is the rightful owner of, or is entitled to sell, the regulated metals property being sold. If the purchase involves a stainless steel beer keg, the seller must provide written documentation from the manufacturer that the seller is the owner of the stainless steel beer keg or is an employee or agent of the manufacturer. (g) The distinctive number from the personal identification card of the person delivering the regulated metals property to the secondary metals recycler. (h) A description of the person from whom the regulated metals property was acquired, including: 1. Full name, current residential address, workplace, and home and work phone numbers. 2. Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying marks. 3. The right thumbprint, free of smudges and smears. 4. Vehicle description to include the make, model, and tag number of the vehicle and trailer of the person selling the regulated metals property. 5. Any other information required by the form approved by the Department of Law Enforcement. (i) A photograph, videotape, or digital image of the regulated metals being sold. (j) A photograph, videotape, or similar likeness of the person receiving consideration in which such person’s facial features are clearly visible. (3) A secondary metals recycler complies with the requirements of this section if it maintains an electronic database containing the information required by subsection (2) as long as the electronic information required by subsection (2), along with an electronic oath of ownership with an electronic signature of the seller of the secondary metals being purchased by the secondary metals recyclers and an electronic image of the seller’s right thumbprint that has no smudges and smears, can be downloaded onto a paper form in the image of the form approved by the Department of Law Enforcement as provided in subsection (2). (4) A secondary metals recycler shall maintain or cause to be maintained the information required by this section for not less than 3 years from the date of the purchase transaction. (5) A secondary metals recycler registered with the department that purchases a motor vehicle from a licensed salvage motor vehicle dealer as defined in s. 320.27 or another secondary metals recycler registered with the department and uses a mechanical crusher to convert the vehicle to scrap metal must obtain a signed statement from the seller stating that the seller has surrendered the vehicle’s certificate of title to the Department of Highway Safety and Motor Vehicles as provided in s. 319.30 or otherwise complied with the titling requirements provided by law for conversion of the vehicle to scrap metal. A secondary metals recycler is not liable for the seller’s failure to comply with the titling requirements provided by law for conversion of a motor vehicle to scrap metal if the secondary metals recycler obtains and maintains the seller’s signed statement. 538.20 Inspection of regulated metals property and records. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying herself or himself as a law enforcement officer, have the right to inspect: (1) Any and all purchased regulated metals property in the possession of the secondary metals recycler, and (2) Any and all records required to be maintained under s. 538.19. State Statutes 535 538.21 Hold notice. (1) Whenever a law enforcement officer has reasonable cause to believe that certain items of regulated metals property in the possession of a secondary metals recycler have been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. (a) The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this section. (b) Upon receipt of the notice issued in accordance with this section, the secondary metals recycler receiving the notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (2) No later than the expiration of the foregoing 15-day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. (a) The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metals property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this section. (b) Upon receipt of the extended hold notice issued in accordance with this section, the secondary metals recycler receiving the extended hold notice may not process or remove the items of regulated metals property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 45 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (3) At the expiration of the hold period or, if extended in accordance with this section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metals property unless other disposition has been ordered by a court of competent jurisdiction. (4) This section provides a uniform statewide process and preempts municipal or county ordinances enacted after December 31, 2008, relating specifically to secondary metals recyclers holding such metals. 538.22 Exemptions. This part shall not apply to purchases of regulated metals property from: (1)Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business. 538.23 Violations and penalties. (1) (a) Except as provided in paragraph (b), a secondary metals recycler who knowingly and intentionally: 1. Violates s. 538.20 or s. 538.21; 2. Engages in a pattern of failing to keep records required by s. 538.19; 3. Violates s. 538.26(2); or 4. Violates s. 538.235, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A secondary metals recycler who commits a third or subsequent violation of paragraph (a) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A secondary metals recycler is presumed to know upon receipt of stolen regulated metals property in a purchase transaction that the regulated metals property has been stolen from another if the secondary metals recycler knowingly and intentionally fails to maintain the information State Statutes 536 required in s. 538.19 and shall, upon conviction of a violation of s. 812.015, be punished as provided in s. 812.014(2) or (3). (3) Any person who knowingly gives false verification of ownership or who gives a false or altered identification and who receives money or other consideration from a secondary metals recycler in return for regulated metals property commits: (a) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the money or other consideration received is less than $300. (b) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the money or other consideration received is $300 or more. (4) If a lawful owner recovers stolen regulated metals property from a secondary metals recycler who has complied with this part, and the person who sold the regulated metals property to the secondary metals recycler is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the defendant to make full restitution, including, without limitation, attorneys’ fees, court costs, and other expenses to the secondary metals recycler pursuant to s. 775.089. (5) A person acting as a secondary metals recycler who is not registered with the department under s. 538.25 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 538.235 Method of payment. (1) A secondary metals recycler may not enter into any cash transaction: (a) In excess of $1,000 for the purchase of regulated metals property; or (b) In any amount for the purchase of restricted regulated metals property. (2) Payment in excess of $1,000 for the purchase of regulated metals property shall be made by check issued to the seller of the metal and payable to the seller. (3) Payment for the purchase of restricted regulated metals property shall be made by check issued to the seller of the metal and payable to the seller or by electronic payment to the seller’s bank account or the seller’s employer’s bank account. (a) Each check shall be mailed by the secondary metals recycler directly to the street address of the seller that is on file with the secondary metals recycler unless otherwise provided in this part. A check may not be mailed to a post office box. Electronic payments shall be transmitted to an account for which the seller is listed as an account holder or an employee or agent of the seller. (b) Each check or electronic payment shall be mailed or transmitted by the secondary metals recycler to the seller within 3 days after the purchase transaction unless otherwise provided in this section. (c) The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing the check as required in paragraph (a), if the seller is: 1. An organization, corporation, or association registered with the state as a charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organization or association, or any nonprofit corporation or association; 2. A law enforcement officer acting in an official capacity; 3. A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; 4. A public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; 5. A sheriff acting under the authority of a court’s writ of execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or 6. A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business. 538.24 Stolen regulated metals property; petition for return. (1) If the secondary metals recycler contests the identification or ownership of the regulated metals property, the party other than the secondary metals recycler claiming ownership of any stolen goods in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metals property was made to the proper authorities, bring an action for replevin in the county or circuit court by petition in substantially the following form: Plaintiff A. B. sues defendant C. D., and alleges: 1. This is an action to recover possession of personal property in __ County, Florida. State Statutes 537 2. The description of the property is: (list property) . To the best of plaintiff's knowledge, information, and belief, the value of the property is $__. 3. Plaintiff is the lawful owner of the property and can identify the property as belonging to the plaintiff in the following manner: (explain basis of identification) . 4. Plaintiff is entitled to the possession of the property under a security agreement dated __, (year) , a copy of which is attached. 5. To the plaintiff's best knowledge, information, and belief, the property is located at __. 6. The property is wrongfully detained by defendant. Defendant came into possession of the property by (describe method of possession) . To plaintiff's best knowledge, information, and belief, defendant detains the property because (give reasons) . 7. The property has not been taken under an execution or attachment against plaintiff's property. (2) The filing fees shall be waived by the clerk of the court and the service fee shall be waived by the sheriff. The court may award the prevailing party reasonable attorney's fees and costs. (3) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. Upon the receipt by a secondary metals recycler of a petition for return, the secondary metals recycler shall hold, and shall not process or otherwise alter, the regulated metals property at issue, or any portion thereof, until the court determines the respective interests of the parties. 538.26 Certain acts and practices prohibited. It is unlawful for a secondary metals recycler to do or allow any of the following acts: (1) Purchase regulated metals property, restricted regulated metals property, or ferrous metals before 7 a.m. or after 7 p.m. (2) Purchase regulated metals property, restricted regulated metals property, or ferrous metals from any seller who presents such property for sale at the registered location of the secondary metals recycler when such property was not transported in a motor vehicle. (3) Purchase regulated metals property, restricted regulated metals property, or ferrous metals from any location other than a fixed location. (4) Purchase regulated metals property from a seller who: (a) Uses a name other than his or her own name or the registered name of the seller’s business; (b) Is younger than 18 years of age; or (c) Is visibly or apparently under the influence of drugs or alcohol. (5) (a) Purchase any restricted regulated metals property listed in paragraph (b) unless the secondary metals recycler obtains reasonable proof that the seller: 1. Owns such property. Reasonable proof of ownership may include, but is not limited to, a receipt or bill of sale; or 2. Is an employee, agent, or contractor of the property’s owner who is authorized to sell the property on behalf of the owner. Reasonable proof of authorization to sell the property includes, but is not limited to, a signed letter on the owner’s letterhead, dated no later than 90 days before the sale, authorizing the seller to sell the property. (b) The purchase of any of the following regulated metals property is subject to the restrictions provided in paragraph (a): 1. A manhole cover. 2. An electric light pole or other utility structure and its fixtures, wires, and hardware that are readily identifiable as connected to the utility structure. 3. A guard rail. 4. A street sign, traffic sign, or traffic signal and its fixtures and hardware. 5. Communication, transmission, distribution, and service wire from a utility, including copper or aluminum bus bars, connectors, grounding plates, or grounding wire. 6. A funeral marker or funeral vase. 7. A historical marker. 8. Railroad equipment, including, but not limited to, a tie plate, signal house, control box, switch plate, E clip, or rail tie junction. 9. Any metal item that is observably marked upon reasonable inspection with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad. 10.A copper, aluminum, or aluminum-copper condensing or evaporator coil, including its tubing or rods, from an air-conditioning or heating unit, excluding coils from window air-conditioning or heating units and motor vehicle air-conditioning or heating units. State Statutes 538 11.An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts. 12.A stainless steel beer keg. 13.A catalytic converter or any nonferrous part of a catalytic converter unless purchased as part of a motor vehicle. 14.Metallic wire that has been burned in whole or in part to remove insulation. 15.A brass or bronze commercial valve or fitting, referred to as a “fire department connection and control valve” or an “FDC valve,” that is commonly used on structures for access to water for the purpose of extinguishing fires. 16.A brass or bronze commercial potable water backflow preventer valve that is commonly used to prevent backflow of potable water from commercial structures into municipal domestic water service systems. 17.A shopping cart. 18.A brass water meter. 19.A storm grate. 20.A brass sprinkler head used in commercial agriculture. 21.More than two lead-acid batteries, or any part or component thereof, in a single purchase or from the same individual in a single day. 550.0425 Minors attendance at pari-mutuel performances; restrictions. (1) A minor, when accompanied by one or both parents or by her or his legal guardian, may attend pari-mutuel performances, under the conditions and at the times specified by each permit holder conducting the pari-mutuel performance. (2) A person under the age of 18 may not place a wager at any pari-mutuel performance. (3) Notwithstanding subsections (1) and (2), minors may be employed at a pari-mutuel facility except in positions directly involving wagering or alcoholic beverages or except as otherwise prohibited by law. (4) Minor children of licensed greyhound trainers, kennel operators, or other licensed persons employed in the kennel compound areas may be granted access to kennel compound areas without being licensed, provided they are in no way employed unless properly licensed, and only when under the direct supervision of one of their parents or legal guardian. 550.3615 Bookmaking on the grounds of a permit holder; penalties; reinstatement; duties of track employees; penalty; exceptions. (1) Any person who engages in bookmaking, as defined in s. 849.25, on the grounds or property of a permitholder of a horse or dog track or jai alai fronton is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld. (2) Any person who, having been convicted of violating subsection (1), thereafter commits the same crime is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld. (3) Any person who has been convicted of bookmaking in this state or any other state of the United States or any foreign country shall be denied admittance to and shall not attend any racetrack or fronton in this state during its racing seasons or operating dates, including any practice or preparational days, for a period of 2 years after the date of conviction or the date of final appeal. Following the conclusion of the period of ineligibility, the director of the division may authorize the reinstatement of an individual following a hearing on readmittance. Any such person who knowingly violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) If the activities of a person show that this law is being violated, and such activities are either witnessed or are common knowledge by any track or fronton employee, it is the duty of that employee to bring the matter to the immediate attention of the permit holder, manager, or her or his designee, who shall notify a law enforcement agency having jurisdiction. Willful failure on the part of any track or fronton employee to comply with the provisions of this subsection is a ground for the division to suspend or revoke that employee's license for track or fronton employment. (5) Each permittee shall display, in conspicuous places at a track or fronton and in all race and jai alai daily programs, a warning to all patrons concerning the prohibition and penalties of bookmaking State Statutes 539 contained in this section and s. 849.25. The division shall adopt rules concerning the uniform size of all warnings and the number of placements throughout a track or fronton. Failure on the part of the permittee to display such warnings may result in the imposition of a $500 fine by the division for each offense. (6) This section does not apply to any person attending a track or fronton or employed by a track or fronton who places a bet through the legalized pari-mutuel pool for another person, provided such service is rendered gratuitously and without fee or other reward. (7) This section does not apply to any prosecutions filed and pending at the time of passage hereof, but all such cases shall be disposed of under existing law at the time of institution of such prosecutions. 552.081Definitions. As used in this chapter: (1) "Explosive materials" means explosives, blasting agents, or detonators. (2) "Explosives" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion. The term "explosives" includes, but is not limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, and igniters. "Explosives" does not include cartridges for firearms and does not include fireworks as defined in chapter 791. (3) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, intended for blasting and not otherwise defined as an explosive, provided the finished product, ready for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. (4) "Detonator" means any device containing a detonating charge that is used for initiating detonation of an explosive and includes, but is not limited to, blasting caps and electric blasting caps of instantaneous and delay types. (5) "Person" means any natural person, partnership, association, or corporation. (6) "Manufacturer-distributor" means a person engaged in the manufacture, compounding, combining, production, or distribution of explosives. (7) "Dealer" means a person engaged in the wholesale or retail business of buying and selling explosives. (8)"User" means a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer or a person who, as an ultimate consumer of an explosive, purchases such explosive from a dealer or manufacturer-distributor. (9) "Blaster" means a person employed by a user who detonates or otherwise effects the explosion of an explosive. (10) "Sale" and its various forms includes delivery of an explosive with or without consideration. (11) "Highway" means any public highway in this state, including public streets, alleys, and other thoroughfares, by whatever name, in any municipality. (12) "Manufacturer's mark" means the mark placed on each carton of and each individual piece of explosive by the manufacturer to identify the manufacturer and the location, date, and shift of manufacture. (13) "Two-component explosives" means any two inert components which, when mixed, become capable of detonation by a No. 6 blasting cap, and shall be classified as a Class "A" explosive when so mixed. (14) "Division" means the Division of State Fire Marshal of the Department of Financial Services. (15) "Purchase" and its various forms means acquisition of any explosive by a person with or without consideration. 552.091License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives. (1) It shall be unlawful for any person to engage in the business of a manufacturer-distributor or to acquire, sell, possess, store, or engage in the use of explosives in this state, except in conformity with the provisions of this chapter. (2) Each manufacturer-distributor, dealer, user, or blaster must be possessed of a valid and subsisting license or permit issued by the division, except that if a manufacturer-distributor makes sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. (3) In the case of multiple locations for storage of explosives, each manufacturer-distributor, dealer, or user maintaining more than one permanent storage magazine location shall possess an additional license, as herein set forth, for each such location. (4)The manufacturer-distributor of State Statutes 540 two-component explosives is required to purchase a manufacturer-distributor explosive license. Dealers of two-component explosives are required to purchase a dealer's explosive license. A user's explosive license is required of any person to purchase, mix, or use two-component explosives from a dealer or manufacturer-distributor. A blaster's explosive permit is required of any person employed by a user to mix, detonate, or otherwise effect the explosion of two-component explosives, provided that a user who is a natural person is not required to obtain a blaster's permit in addition to the user's license in order to mix, detonate, or otherwise effect the explosion of any explosive. (5) (a) Licenses, permits, and fees therefor are required for each license year for the following: 1. Manufacturer-distributor license . . $650 2. Dealer license . . . . . . . . . . . . . . . $450 3. User license . . . . . . . . . . . . . . . . . $125 4. Blaster permit . . . . . . . . . . . . . . . . . $50 5. Duplicate licenses or permits or address changes . . . . . . . . . . . . . . . . . . . . . . . 5 (b) However, no fee shall be required for a dealer license if the only explosive sold by the dealer is black powder for recreational use. (6) Said licenses and permits shall be issued by the division for each license year beginning October 1 and expiring the following September 30. 552.101Possession without license prohibited; exceptions. It is unlawful for any person to possess an explosive unless he or she is the holder of a current, valid license or permit, as above provided, and possesses such explosive for the purpose covered by the license or permit held. However, there is excepted from this provision common, contract, and private carriers, as described in s. 552.12, possessed of an explosive in connection with transportation of the same in the ordinary course of their business. 552.111 Maintenance of records and sales of explosives by manufacturer-distributors and dealers; inspections. (1) It is unlawful for any licensed manufacturer-distributor to sell or distribute explosives to any person except a person presenting a current, valid dealer's explosive license or user's explosive license. (2) It is unlawful for any licensed dealer to sell or distribute explosives to any person except a person presenting a current, valid user of explosives license or dealer's explosive license. (3) Each sale shall be evidenced by an invoice or sales ticket, which shall bear the name, address, and explosives license number of the purchaser, the date of sale, quantity sold, type of explosive sold, manufacturer's mark, and use for which the explosive is purchased. All original invoices or sales tickets shall be retained by the manufacturer-distributor or dealer and a copy thereof provided to the purchaser. (4) Each manufacturer-distributor and each dealer shall keep an accurate and current written account of all inventories and sales of explosives. Such records shall be maintained by the manufacturer-distributor or dealer for a period of 5 years. (5) Such records and inventories shall be made accessible to, and subject to examination by, the division and any peace officer of this state. (6) It is unlawful for any person knowingly to withhold information or to make any false or fictitious entry or misrepresentation upon any sales invoice, sales ticket, or account of inventories. 552.112 Maintenance of records by users; inspection. (1) It is unlawful for any user of explosives to purchase, store, or use explosives without maintaining an accurate and current written inventory of all explosives purchased, possessed, stored, or used. (2) Such records shall include, but not be limited to, invoices or sales tickets from purchases, location of blasting sites, dates and times of firing, the amount of explosives used for each blast or delay series, the name of the person in charge of loading and firing, and the license or permit number and name of the person making such entry into the records. Such records shall be maintained by users for a period of 5 years. (3) Such records shall be made accessible to, and subject to examination by, the division and any peace officer of this state. (4) It is unlawful for any person knowingly to withhold information or make any false or fictitious entry or misrepresentation upon any such records. 552.113 Reports of thefts, illegal use, or illegal possession. (1) Any sheriff, police department, or peace State Statutes 541 officer of this state shall give immediate notice to the division of any theft, illegal use, or illegal possession of explosives within the purview of this chapter, coming to his or her attention, and shall forward a copy of his or her final written report to the division. (2) It is unlawful for any holder of an explosives license or permit who incurs a loss, unexplained shortage, or theft of explosives, or who has knowledge of a theft or loss of explosives, to fail to report such loss or unexplained shortage or theft, within 12 hours after discovery thereof, to the nearest county sheriff or police chief and the division. Such report shall include the amount and type of explosives missing, the manufacturer’s mark, if available, the approximate time of occurrence, if known, and any other information such licensee or permittee may possess. Any other person who has knowledge or information concerning a theft shall immediately inform the nearest county sheriff or police chief of such occurrence. (3) The Division of Investigative and Forensic Services shall investigate, or be certain that a qualified law enforcement agency investigates, the cause and circumstances of each theft, illegal use, or illegal possession of explosives which occurs within the state. A report of each such investigation shall be made and maintained by the Division of Investigative and Forensic Services. 552.114 Sale, labeling, and disposition of explosives; unlawful possession. No person shall sell, accept, or deliver any explosives unless each carton and each individual piece of such explosive is plainly labeled, stamped, or marked with the manufacturer's mark. It shall only be necessary for such identification marks to be on the containers used for packaging such explosives for explosive materials of such small size as not to be suitable for marking on the individual item. It is unlawful for any person to use or possess any explosives not marked as required in this section. All unmarked explosives found in the possession of any person shall be confiscated and disposed of in accordance with the provisions of this chapter. 552.12 Transportation of explosives without license prohibited; exceptions. No person shall transport any explosive into this state or within the boundaries of this state over the highways, on navigable waters or by air, unless such person is possessed of a license or permit; provided, there is excepted from the effects of this sentence common, contract and private carriers, as mentioned in the next succeeding sentence. Common carriers by air, highway, railroad, or water transporting explosives into this state, or within the boundaries of this state (including ocean-plying vessels loading or unloading explosives in Florida ports), and contract or private carriers by motor vehicle transporting explosives on highways into this state, or within the boundaries of this state, and which contract or private carriers are engaged in such business pursuant to certificate or permit by whatever name issued to them by any federal or state officer, agency, bureau, commission or department, shall be fully subject to the provisions of this chapter; provided, that in any instance where the Federal Government, acting through the 1Interstate Commerce Commission or other federal officer, agency, bureau, commission or department, by virtue of federal laws or rules or regulations promulgated pursuant thereto, has preempted the field of regulation in relation to any activity of any such common, contract or private carrier sought to be regulated by this chapter, such activity of such a carrier is excepted from the provisions of this chapter. 552.22 Penalties. (1) Any person who manufactures, purchases, transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Manufacturing, purchasing, possessing, distributing, or selling an explosive under circumstances contrary to the provisions of this chapter or such regulations as are adopted pursuant thereto shall be prima facie evidence of an intent to use the explosive for destruction of life, limb, or property. (2) Any person who possesses any explosive material, knowing or having reasonable cause to believe that such explosive material was stolen, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who knowingly withholds information or presents to the division any State Statutes 542 false, fictitious, or misrepresented application, identification, document, information, statement, or data, intended or likely to deceive, for the purpose of obtaining an explosives license or permit is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any records required by s. 552.111 or s. 552.112 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) Any person who is the holder of an explosives license or permit and who fails to report the loss, theft, or unexplained shortage of any explosive material as required by s. 552.113 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any person who violates any order, rule, or regulation of the division, an order to cease and desist, or an order to correct conditions issued pursuant to this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person who is the holder of an explosives license or permit and who abandons any explosive material is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (8) The license or permit of any person convicted of violating subsection (1) or subsection (2) is automatically and permanently revoked upon such conviction. (9) The license or permit of any person convicted of violating subsection (3), subsection (4), subsection (5), subsection (6), or subsection (7) is automatically revoked upon such conviction, and the division shall not issue a license or permit to such person for 2 years from the date of such conviction. (10) Any person who knowingly possesses an explosive in violation of the provisions of s. 552.101 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 552.24 Exceptions. Nothing contained in this chapter shall apply to the regular military or naval forces of the United States; or to the duly organized military force of any state or territory thereof; or to police or fire departments in this state, provided they are acting within their respective official capacities and in the performance of their duties. 552.241 Limited exemptions. The licensing, permitting, and storage requirements of this chapter shall not apply to: (1) Dealers who purchase, sell, possess, or transport: (a) Smokeless propellant or commercially manufactured sporting grades of black powder in quantities not exceeding 150 pounds, provided such dealer holds a valid federal firearms dealer's license. (b) Small arms ammunition primers, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches and friction primers intended to be used solely for sporting, recreational, and cultural purposes, provided such dealer holds a valid federal firearms dealer's license. (2) Users who are natural persons and who purchase, possess, or transport: (a) Smokeless propellant powder in quantities not to exceed 150 pounds, or commercially manufactured sporting grades of black powder not to exceed 25 pounds, provided such powder is for the sole purpose of handloading cartridges for use in pistols or sporting rifles, or handloading shells for use in shotguns, or for a combination of these or other purposes strictly confined to handloading or muzzle-loading firearms for sporting, recreational, or cultural use. (b) Small arms ammunition primers, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches and friction primers, provided such small arms ammunition primers are for the sole purpose of handloading cartridges for use in pistols or sporting rifles, or handloading shells for use in shotguns, or for a combination of these or other purposes strictly confined to handloading or muzzle-loading firearms for sporting, recreational, or cultural use. . 562.01 Possession of untaxed beverages. It is unlawful for any person to own, possess, purchase, sell, serve, distribute, or store any alcoholic beverages unless said person has fully complied with the pertinent provisions of the beverage law relating to the payment of excise taxes. 562.02 Possession of beverage not permitted to be sold under license. It is unlawful for a licensee under the Beverage State Statutes 543 Law or his or her agent to have in his or her possession, or permit anyone else to have in his or her possession, at or in the place of business of such licensee, alcoholic beverages not authorized by law to be sold by such licensee. 562.03 Storage on licensed premises. It is unlawful for any vendor to store or keep any alcoholic beverages except for the personal consumption of the vendor, the vendor's family and guest in any building or room other than the building or room shown in the diagram accompanying his or her license application or in another building or room approved by the division. 562.06 Sale only on licensed premises. Each license application shall describe the location of the place of business where such beverage may be sold. It is unlawful to sell, or permit the sale of such beverage except on the premises covered by the license as described in the application therefor. 562.061Misrepresentation of beverages sold on licensed premises. It is unlawful for any licensee, his or her agent or employee knowingly to sell or serve any beverage represented or purporting to be an alcoholic beverage which in fact is not such beverage. It is further unlawful for any licensee knowingly to keep or store on the licensed premises any bottles which are filled or contain liquid other than that stated on the label of such bottle. 562.07 Illegal transportation of beverages. It is unlawful for alcoholic beverages to be transported in quantities of more than 12 bottles except as follows: (1) By common carriers; (2) In the owned or leased vehicles of licensed vendors or any persons authorized in s. 561.57(3) transporting alcoholic beverage purchases from the distributor’s place of business to the vendor’s licensed place of business or off-premises storage for alcoholic beverages purchased and transported as provided for in the alcoholic beverage law; (3) By individuals who possess such beverages not for resale within the state; (4) By licensed manufacturers, distributors, or vendors transporting alcoholic beverages pursuant to s. 561.57; and (5) By a vendor, distributor, pool buying agent, or salesperson of wine and spirits as outlined in s. 561.57(4). 562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing a proper name; misrepresenting or misstating age or age of another to induce licensee to serve alcoholic beverages to person under 21; penalties. (1) (a) 1. A person may not sell, give, serve, or permit to be served alcoholic beverages to a person under 21 years of age or permit a person under 21 years of age to consume such beverages on the licensed premises. A person who violates this subparagraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subparagraph a second or subsequent time within 1 year after a prior conviction commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. In addition to any other penalty imposed for a violation of subparagraph 1., the court may order the Department of Highway Safety and Motor Vehicles to withhold the issuance of, or suspend or revoke, the driver license or driving privilege, as provided in s. 322.057, of any person who violates subparagraph 1. This subparagraph does not apply to a licensee, as defined in s. 561.01, who violates subparagraph 1. while acting within the scope of his or her license or an employee or agent of a licensee, as defined in s. 561.01, who violates subparagraph 1. while engaged within the scope of his or her employment or agency. 3. A court that withholds the issuance of, or suspends or revokes, the driver license or driving privilege of a person pursuant to subparagraph 2. may direct the Department of Highway Safety and Motor Vehicles to issue the person a license for driving privilege restricted to business purposes only, as defined in s. 322.271, if he or she is otherwise qualified. (b) A licensee, or his or her or its agents, officers, servants, or employees, may not provide alcoholic beverages to a person younger than 21 years of age who is employed by the licensee except as authorized pursuant to s. 562.111 or s. 562.13, and may not permit a person younger than 21 years of age who is employed by the licensee to consume State Statutes 544 alcoholic beverages on the licensed premises or elsewhere while in the scope of employment. A licensee, or his or her or its agents, officers, servants, or employees, who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This paragraph may be cited as “the Christopher Fugate Act.” (c) A licensee who violates paragraph (a) shall have a complete defense to any civil action therefor, except for any administrative action by the division under the Beverage Law, if, at the time the alcoholic beverage was sold, given, served, or permitted to be served, the person falsely evidenced that he or she was of legal age to purchase or consume the alcoholic beverage and the appearance of the person was such that an ordinarily prudent person would believe him or her to be of legal age to purchase or consume the alcoholic beverage and if the licensee carefully checked one of the following forms of identification with respect to the person: a driver license, an identification card issued under the provisions of s. 322.051 or, if the person is physically handicapped as defined in s. 553.45(1), a comparable identification card issued by another state which indicates the person’s age, a passport, or a United States Uniformed Services identification card, and acted in good faith and in reliance upon the representation and appearance of the person in the belief that he or she was of legal age to purchase or consume the alcoholic beverage. Nothing herein shall negate any cause of action which arose prior to June 2, 1978. (d) Any person charged with a violation of paragraph (a) has a complete defense if, at the time the alcoholic beverage was sold, given, served, or permitted to be served: 1. The buyer or recipient falsely evidenced that he or she was 21 years of age or older; 2. The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and 3. Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older. (2) It is unlawful for any person to misrepresent or misstate his or her age or the age of any other person for the purpose of inducing any licensee or his or her agents or employees to sell, give, serve, or deliver any alcoholic beverages to a person under 21 years of age, or for any person under 21 years of age to purchase or attempt to purchase alcoholic beverages. (a) Anyone convicted of violating the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person under the age of 17 years who violates such provisions shall be within the jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile delinquent according to law. (c) In addition to any other penalty imposed for a violation of this subsection, if a person uses a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles in violation of this subsection, the court: 1. May order the person to participate in public service or a community work project for a period not to exceed 40 hours; and 2. Shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the person’s driver license or driving privilege, as provided in s. 322.056. (3) Any person under the age of 21 years testifying in any criminal prosecution or in any hearing before the division involving the violation by any other person of the provisions of this section may, at the discretion of the prosecuting officer, be given full and complete immunity from prosecution for any violation of law revealed in such testimony that may be or may tend to be self-incriminating, and any such person under 21 years of age so testifying, whether under subpoena or otherwise, shall be compelled to give any such testimony in such prosecution or hearing for which immunity from prosecution therefor is given. (4) This section does not apply to a person who gives, serves, or permits to be served an alcoholic beverage to a student who is at least 18 years of age, if the alcoholic beverage is delivered as part of the student’s required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department State Statutes 545 of Education and is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a public postsecondary education institution; if the student is enrolled in the college and is required to taste alcoholic beverages that are provided only for instructional purposes during classes conducted under the supervision of authorized instructional personnel pursuant to such a curriculum; if the alcoholic beverages are never offered for consumption or imbibed by such a student and at all times remain in the possession and control of such instructional personnel, who must be 21 years of age or older; and if each participating student executes a waiver and consent in favor of the state and indemnifies the state and holds it harmless. 562.111 Possession of alcoholic beverages by persons under age 21 prohibited. (1) It is unlawful for any person under the age of 21 years, except a person employed under the provisions of s. 562.13 acting in the scope of her or his employment, to have in her or his possession alcoholic beverages, except that nothing contained in this subsection shall preclude the employment of any person 18 years of age or older in the sale, preparation, or service of alcoholic beverages in licensed premises in any establishment licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of 21 who is convicted of a violation of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; however, any person under the age of 21 who has been convicted of a violation of this subsection and who is thereafter convicted of a further violation of this subsection is, upon conviction of the further offense, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) The prohibition in this section against the possession of alcoholic beverages does not apply to the tasting of alcoholic beverages by a student who is at least 18 years of age, who is tasting the alcoholic beverages as part of the student's required curriculum at a postsecondary educational institution that is institutionally accredited by an agency recognized by the United States Department of Education and that is licensed or exempt from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary education institution; if the student is enrolled in the college and is tasting the alcoholic beverages only for instructional purposes during classes that are part of such a curriculum; if the student is allowed only to taste, but not consume or imbibe, the alcoholic beverages; and if the alcoholic beverages at all times remain in the possession and control of authorized instructional personnel of the college who are 21 years of age or older. (3) In addition to any other penalty imposed for a violation of subsection (1), the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke, the violator's driver's license or driving privilege, as provided in s. 322.056. 562.12 Beverages sold with improper license, or without license or registration, or held with intent to sell prohibited. (1) It is unlawful for any person to sell alcoholic beverages without a license, and it is unlawful for any licensee to sell alcoholic beverages except as permitted by her or his license, or to sell such beverages in any manner except that permitted by her or his license; and any licensee or other person who keeps or possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be sold without a license, with intent to sell or dispose of same unlawfully, or who keeps and maintains a place where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) It is unlawful for any person to operate as an exporter of alcoholic beverages within the state without registering as an exporter pursuant to s. 561.17. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Upon the arrest of any licensee or other person charged with a violation of this section, the arresting officer shall take into her or his custody all alcoholic beverages found in the possession, custody, or control of the person arrested or, in the case of a licensee, all alcoholic beverages not within the purview of her or his license, and safely keep and preserve the same and have it State Statutes 546 forthcoming at any investigation, prosecution, or other proceeding for the violation of this section and for the destruction of the same as provided herein. Upon the conviction of the person arrested for a violation of this section, the judge of the court trying the case, after notice to the person convicted and any other person whom the judge may be of the opinion is entitled to notice, as the judge may deem reasonable, shall issue to the sheriff of the county, the division, or the authorized municipality a written order adjudging and declaring the alcoholic beverages forfeited and directing the sheriff, the division, or the authorized municipality to dispose of the alcoholic beverages as provided in s. 562.44 or s. 568.10. 562.121Operating bottle club without license prohibited. It is unlawful for any person to operate a bottle club without the license required by s. 561.14(6). Any person convicted of a violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 562.13 Employment of minors or certain other persons by certain vendors prohibited; (1) Unless otherwise provided in this section, it is unlawful for any vendor licensed under the Beverage Law to employ any person under 18 years of age. (2) This section shall not apply to: (a) Professional entertainers 17 years of age who are not in school. (b) Minors employed in the entertainment industry, as defined by s. 450.012(5), who have either been granted a waiver under s. 450.095 or employed under the terms of s. 450.132 or under rules adopted pursuant to either of these sections. (c) Persons under the age of 18 years who are employed in drugstores, grocery stores, department stores, florists, specialty gift shops, or automobile service stations which have obtained licenses to sell beer or beer and wine, when such sales are made for consumption off the premises. (d) Persons 17 years of age or over or any person furnishing evidence that he or she is a senior high school student with written permission of the principal of said senior high school or that he or she is a senior high school graduate, or any high school graduate, employed by a bona fide food service establishment where alcoholic beverages are sold, provided such persons do not participate in the sale, preparation, or service of the beverages and that their duties are of such nature as to provide them with training and knowledge as might lead to further advancement in food service establishments. (e) Persons under the age of 18 years employed as bellhops, elevator operators, and others in hotels when such employees are engaged in work apart from the portion of the hotel property where alcoholic beverages are offered for sale for consumption on the premises. (f) Persons under the age of 18 years employed in bowling alleys in which alcoholic beverages are sold or consumed, so long as such minors do not participate in the sale, preparation, or service of such beverages. (g) Persons under the age of 18 years employed by a bona fide dinner theater as defined in this paragraph, as long as their employment is limited to the services of an actor, actress, or musician. For the purposes of this paragraph, a dinner theater means a theater presenting consecutive productions playing no less than 3 weeks each in conjunction with dinner service on a regular basis. In addition, both events must occur in the same room, and the only advertised price of admission must include both the cost of the meal and the attendance at the performance. (h) Persons under the age of 18 years who are employed in places of business licensed under s. 565.02(6), provided such persons do not participate in the sale, preparation, or service of alcoholic beverages. However, a minor to whom this subsection otherwise applies may not be employed if the employment, whether as a professional entertainer or otherwise, involves nudity, as defined in s. 847.001, on the part of the minor and such nudity is intended as a form of adult entertainment. (3) (a) It is unlawful for any vendor licensed under the beverage law to employ as a manager or person in charge or as a bartender any person: 1. Who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state. 2. Who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly State Statutes 547 place, or any felony violation of chapter 893 or the controlled substances act of any other state or the Federal Government. 3. Who has, in the last past 5 years, been convicted of any felony in this state, any other state, or the United States. The term “conviction” shall include an adjudication of guilt on a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged with a crime. (b) This subsection shall not apply to any vendor licensed under the provisions of s. 563.02(1)(a) or s. 564.02(1)(a). 562.131Solicitation for sale of alcoholic beverage prohibited; penalty. (1) It is unlawful for any licensee, his or her employee, agent, servant, or any entertainer employed at the licensed premises or employed on a contractual basis to entertain, perform or work upon the licensed premises to beg or solicit any patron or customer thereof or visitor in any licensed premises to purchase any beverage, alcoholic or otherwise, for such licensee's employee, agent, servant, or entertainer. (2) It is unlawful for any licensee, his or her employee, agent, or servant to knowingly permit any person to loiter in or about the licensed premises for the purpose of begging or soliciting any patron or customer of, or visitor in, such premises to purchase any beverage, alcoholic or otherwise. (3) Any violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 562.14 Regulating the time for sale of alcoholic and intoxicating beverages; prohibiting use of licensed premises. (1) Except as otherwise provided by county or municipal ordinance, no alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in any place holding a license under the division between the hours of midnight and 7 a.m. of the following day. This section shall not apply to railroads selling only to passengers for consumption on railroad cars. (2) Except as otherwise provided by county or municipal ordinance, no vendor issued an alcoholic beverage license to sell alcoholic beverages for consumption on the vendor's licensed premises and whose principal business is the sale of alcoholic beverages, shall allow the licensed premises, as defined in s. 561.01(11), to be rented, leased, or otherwise used during the hours in which the sale of alcoholic beverages is prohibited. However, this prohibition shall not apply to the rental, lease, or other use of the licensed premises on Sundays after 8 a.m. Further, neither this subsection, nor any local ordinance adopted pursuant to this subsection, shall be construed to apply to a theme park complex as defined in s. 565.02(6) or an entertainment/resort complex as defined in s. 561.01(18). (3) The division shall not be responsible for the enforcement of the hours of sale established by county or municipal ordinance. (4) Any person violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 562.23 Conspiracy to violate Beverage Law; penalty. If two or more persons shall conspire to do any act which is in violation of any of the provisions of the Beverage Law, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, if the act so conspired to be done would be a misdemeanor under the provisions of the Beverage Law, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or, if the act so conspired to be done would be a felony under the provisions of the Beverage Law, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 562.32 Moving or concealing beverage with intent to defraud state of tax; penalty. Every person who removes, deposits, or conceals, or is concerned in removing, depositing, or concealing any beverage for or in respect whereof any tax is imposed by the Beverage Law or would be imposed if such beverage were manufactured in or brought into this state in accordance with the regulatory provisions thereof, with intent to defraud the state of such tax or any part thereof, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 562.38 Report of seizures. Any sheriff, deputy sheriff, or police officer, upon the seizure of any property under this act, shall State Statutes 548 promptly report such seizure to the division or its representative, together with a description of all such property seized so that the state may be kept informed as to the size and magnitude of the illicit liquor business. 562.41 Searches; penalty. (1) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may make searches of persons, places, and conveyances of any kind whatsoever in accordance with the laws of this state for the purpose of determining whether or not the provisions of the Beverage Law are being violated. (2) Any authorized employee of the division, any sheriff, any deputy sheriff, or any police officer may enter in the daytime any building or place where any beverages subject to tax under the Beverage Law or which would be subject to tax thereunder if such beverages were manufactured in or brought into this state in accordance with the regulatory provisions thereof, or any alcoholic beverages, are manufactured, produced, or kept, so far as may be necessary, for the purpose of examining said beverages. When such premises are open at night, such officers may enter them while so open, in the performance of their official duties. (3) Any owner of such premises or person having the agency, superintendency, or possession of same, who refuses to admit such officer or to suffer her or him to examine such beverages, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who shall forcibly obstruct or hinder the director, any division employee, any sheriff, any deputy sheriff, or any police officer in the execution of any power or authority vested in her or him by law, or who shall forcibly rescue or cause to be rescued any property if the same shall have been seized by such officer, or shall attempt or endeavor to do so, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) Licensees, by the acceptance of their license, agree that their places of business shall always be subject to be inspected and searched without search warrants by the authorized employees of the division and also by sheriffs, deputy sheriffs, and police officers during business hours or at any other time such premises are occupied by the licensee or other persons. 562.45 Penalties for violating Beverage Law; local ordinances; prohibiting regulation of certain activities or business transactions; requiring nondiscriminatory treatment; providing exceptions. (1) Any person willfully and knowingly making any false entries in any records required under the Beverage Law or willfully violating any of the provisions of the Beverage Law, concerning the excise tax herein provided for shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for any person to violate any provision of the Beverage Law, and any person who violates any provision of the Beverage Law for which no penalty has been provided shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that any person who shall have been convicted of a violation of any provision of the Beverage Law and shall thereafter be convicted of a further violation of the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) (a) Nothing contained in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the hours of business and location of place of business, and prescribing sanitary regulations therefor, of any licensee under the Beverage Law within the county or corporate limits of such municipality. However, except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to chapter 509, a location for on-premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location as promoting the public health, safety, and general welfare of the community under proceedings as provided in s. 125.66(4), for counties, and s. 166.041(3)(c), for municipalities. This restriction shall not, however, be construed State Statutes 549 to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The division may not issue a change in the series of a license or approve a change of a licensee’s location unless the licensee provides documentation of proper zoning from the appropriate county or municipal zoning authorities. (b) Nothing in the Beverage Law shall be construed to affect or impair the power or right of any county or incorporated municipality of the state to enact ordinances regulating the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle club licensed under s. 561.14, which is located within such county or municipality. (c) A county or municipality may not enact any ordinance that regulates or prohibits those activities or business transactions of a licensee regulated by the Division of Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise provided in the Beverage Law, a local government, when enacting ordinances designed to promote and protect the general health, safety, and welfare of the public, shall treat a licensee in a nondiscriminatory manner and in a manner that is consistent with the manner of treatment of any other lawful business transacted in this state. Nothing in this section shall be construed to affect or impair the enactment or enforcement by a county or municipality of any zoning, land development or comprehensive plan regulation or other ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution. 562.451Moonshine whiskey; ownership, possession, or control prohibited; penalties; rule of evidence. (1) Any person who owns or has in her or his possession or under her or his control less than 1 gallon of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who owns or has in her or his possession or under her or his control 1 gallon or more of liquor, as defined in the Beverage Law, which was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) In any prosecution under this section, proof that the liquor involved is what is commonly known as moonshine whiskey shall be prima facie evidence that the same was not made or manufactured in accordance with the laws in effect at the time when and place where the same was made or manufactured. 562.452Curb service of intoxicating liquor prohibited. It is unlawful for any person to sell or serve, by the drink, any intoxicating liquor, other than malt beverages of legal alcoholic content, except within the building and licensed premises as provided in ss. 562.06 and 565.02(1)(g) which is the address of the person holding a license for the sale of such intoxicating liquor. However, nothing in this section shall be construed to permit the practice of curb or drive-in service in connection with such intoxicating liquors when sold by the drink or the sale of intoxicating liquors in parking lots; provided, however, that nothing in this section contained shall be construed to prevent the regular delivery by licensed dealers of sealed containers containing such intoxicating liquors. 562.453Curb drinking of intoxicating liquor prohibited. It is unlawful for any person to consume any intoxicating liquor, except malt beverages of legal alcoholic content, at curb or drive-in stands, except within the building which is the address of the person holding a license for the sale of such intoxicating liquors. 562.454Vendors to be closed in time of riot. (1) Whenever any riot or gathering of a mob occurs in any area of this state, all persons in the area who sell alcoholic beverages shall, upon being so ordered by proclamation as provided herein, immediately stop the sale of alcoholic beverages and immediately close all barrooms, saloons, shops, or other places where any other alcoholic beverages are sold and keep them closed and refrain from selling, bartering, lending, or giving away any alcoholic beverages until such time as public notice shall be given by the sheriff of the county or the mayor of any city, town, or State Statutes 550 village where any riot or mob action may have occurred that such places may be opened and the sale of alcoholic beverages resumed. (2) Whenever any riot has occurred or mob has gathered, or there is a reasonable cause to apprehend the occurrence of such events in any area of the state, the mayor or county commission shall immediately issue a proclamation ordering the suspension of sale of alcoholic beverages and the closing of the places described in subsection (1) until such time as the public peace and safety no longer requires such restrictions. (3) None of the provisions of this section shall require the closing of any store, shop, restaurant, gasoline service station, or other place or establishment in which alcoholic beverages are sold by the drink for consumption on the premises or as items in a stock of varied merchandise for sale to the general public, but all sales of such alcoholic beverages shall be suspended, and all bars, cocktail lounges, and other areas maintained for the sale or service of such beverages in such stores, shops, restaurants, gasoline service stations, and other such places or establishments shall be closed during any riot, gathering of a mob, or other occurrence contemplated in subsections (1) and (2). (4) Any person who knowingly violates any of the provisions of this section or the proclamation or permits any person in his or her employ to do so or connives with any other person to evade the terms of such proclamation shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 562.455Adulterating liquor; penalty. Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 562.48 Minors patronizing, visiting, or loitering in a dance hall. Any person operating any dance hall in connection with the operation of any place of business where any alcoholic beverage is sold who shall knowingly permit or allow any person under the age of 18 years to patronize, visit, or loiter in any such dance hall or place of business, unless such minor is attended by one or both of his or her parents or by his or her natural guardian, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 562.50 Habitual drunkards; furnishing intoxicants to, after notice. Any person who shall sell, give away, dispose of, exchange, or barter any alcoholic beverage, or any essence, extract, bitters, preparation, compound, composition, or any article whatsoever under any name, label, or brand, which produces intoxication, to any person habitually addicted to the use of any or all such intoxicating liquors, after having been given written notice by wife, husband, father, mother, sister, brother, child, or nearest relative that said person so addicted is an habitual drunkard and that the use of intoxicating drink or drinks is working an injury to the person using said liquors, or to the person giving said written notice, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 562.51 Retail alcoholic beverage establishments; rights as private enterprise. A licensed retail alcoholic beverage establishment open to the public is a private enterprise and: (1) May refuse service to any person who is objectionable or undesirable to the licensee, but such refusal of service shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap. (2) (a) May not refuse service to any person solely because the person is not purchasing alcoholic beverages if that person is the designated driver for one or more persons who are purchasing alcoholic beverages at the establishment. (b) This subsection does not excuse a retail alcoholic beverage establishment from complying with any applicable municipal or county ordinance regulating the presence of persons under 21 years of age on the premises of any such establishment. 562.61 Sale, offer for sale, purchase, or use of alcohol vaporizing devices prohibited. (1) For purposes of this section, the term State Statutes 551 "alcohol vaporizing device" means any device, machine, or process which mixes spirits, liquor, or other alcohol products with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. (2) A person may not sell, offer for sale, purchase, or use an alcohol vaporizing device. (3) (a) Any person who violates this section by selling or offering for sale an alcohol vaporizing device commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates this section by selling or offering for sale an alcohol vaporizing device after having been previously convicted of such an offense within the past 5 years commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who violates this section by purchasing or using an alcohol vaporizing device commits a noncriminal violation with a fine of $250. (4) This section does not apply to the administration or prescription of a product that contains alcohol by a health care practitioner who is licensed under the laws of this state or another state. 569.002 Definitions. As used in this chapter, the term: (1) "Dealer"is synonymous with the term "retail tobacco products dealer." (2) "Division" means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. (3) "Permit" is synonymous with the term "retail tobacco products dealer permit." (4) "Retail tobacco products dealer" means the holder of a retail tobacco products dealer permit. (5) "Retail tobacco products dealer permit" means a permit issued by the division pursuant to s. 569.003. (6) "Tobacco products" includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. (7) "Any person under the age of 18" does not include any person under the age of 18 who: (a) Has had his or her disability of nonage removed under chapter 743; (b) Is in the military reserve or on active duty in the Armed Forces of the United States; (c) Is otherwise emancipated by a court of competent jurisdiction and released from parental care and responsibility; or (d) Is acting in his or her scope of lawful employment with an entity licensed under the provisions of chapter 210 or this chapter. 569.004 Consent to inspection and search without warrant. An applicant for a permit, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this chapter. 569.005 Operating without a retail tobacco products dealer permit; penalty. (1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003. A person who violates this section is guilty of a noncriminal violation, punishable by a fine of not more than $500. (2) Any person who violates this section shall be cited for such infraction and shall be cited to appear before the county court. The citation may indicate the time, date, and location of the scheduled hearing and must indicate that the penalty for a noncriminal violation is a fine of not more than $500. (3) A person cited for an infraction under this section may: (a) Post a $500 bond; or (b) Sign and accept the citation indicating a promise to appear. (4) (a) A person cited with violating this section may: 1. Pay the $500 fine, either by mail or in person, within 10 days after receiving the citation; or 2. If that person has posted a bond, forfeit the bond by not appearing at the scheduled hearing. (b) If the person cited pays the $500 fine or forfeits the bond, that person is deemed to have admitted violating this section and to have waived the right to a hearing on the issue of commission of the violation. Such admission may not be used as evidence in any other proceeding. (5) The court, after a hearing, shall make a State Statutes 552 determination as to whether an infraction has been committed. If the commission of an infraction has been proven beyond a reasonable doubt, the court may impose a civil penalty in an amount that may not exceed $500. (6) If a person is found by the court to have committed the infraction, that person may appeal that finding to the circuit court. 569.006 Retail tobacco products dealers; administrative penalties. The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of this chapter, by a dealer or by a dealer's agent or employee. The division may also assess and accept administrative fines of up to $1,000 against a dealer for each violation. The division shall deposit all fines collected into the General Revenue Fund as collected. An order imposing an administrative fine becomes effective 15 days after the date of the order. The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate. 569.007 Sale or delivery of tobacco products; restrictions. (1) In order to prevent persons under 18 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, except: (a) When under the direct control or line of sight of the dealer or the dealer's agent or employee; or (b) Sales from a vending machine are prohibited under the provisions of paragraph (1)(a) and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the dealer or the dealer's agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one tobacco product. The lockout device must include a mechanism to prevent the machine from functioning if the power source for the lockout device fails or if the lockout device is disabled, and a mechanism to ensure that only one tobacco product is dispensed at a time. (2) The provisions of subsection (1) shall not apply to an establishment that prohibits persons under 18 years of age on the licensed premises. (3) The provisions of subsection (1) shall not apply to the sale or delivery of cigars and pipe tobacco. (4) A dealer or a dealer's agent or employee may require proof of age of a purchaser of a tobacco product before selling the product to that person. (5) A wholesale dealer or distributing agent, as those terms are defined in s. 210.01, or a distributor, as defined in s. 210.25, may sell or deliver tobacco products only to dealers who have permits. 569.0073 Special provisions; smoking pipes and smoking devices. (1) It is unlawful for any person to offer for sale at retail any of the items listed in subsection (2) unless such person: (a) Has a retail tobacco products dealer permit under s. 569.003. The provisions of this chapter apply to any person that offers for retail sale any of the items listed in subsection (2); and (b) 1. Derives at least 75 percent of its annual gross revenues from the retail sale of cigarettes, cigars, and other tobacco products; or 2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2). (2) The following smoking pipes and smoking devices are subject to the provisions of this section: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls. (b) Water pipes. (c) Carburetion tubes and devices. (d) Chamber pipes. (e) Carburetor pipes. (f) Electric pipes. (g) Air-driven pipes. (h) Chillums. (i) Bongs. (j) Ice pipes or chillers. (3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 569.0075 Gift of sample tobacco products prohibited. The gift of sample tobacco products to any person under the age of 18 by an entity licensed or permitted under the provisions of chapter 210 or this chapter, or by an employee of such entity, is prohibited and is punishable as provided in s. 569.101. State Statutes 553 569.008 Responsible retail tobacco products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption. (1) The Legislature intends to prevent the sale of tobacco products to persons under 18 years of age and to encourage retail tobacco products dealers to comply with responsible practices in accordance with this section. (2) To qualify as a responsible retail tobacco products dealer, the dealer must establish and implement procedures designed to ensure that the dealer's employees comply with the provisions of this chapter. The dealer must provide a training program for the dealer's employees which addresses the use and sale of tobacco products and which includes at least the following topics: (a) Laws covering the sale of tobacco products. (b) Methods of recognizing and handling customers under 18 years of age. (c) Procedures for proper examination of identification cards in order to verify that customers are not under 18 years of age. (d) The use of the age audit identification function on electronic point-of-sale equipment, where available. (3) In determining penalties under s. 569.006, the division may mitigate penalties imposed against a dealer because of an employee's illegal sale of a tobacco product to a person under 18 years of age if the following conditions are met: (a) The dealer is qualified as a responsible dealer under this section. (b) The dealer provided the training program required under subsection (2) to that employee before the illegal sale occurred. (c) The dealer had no knowledge of that employee's violation at the time of the violation and did not direct, approve, or participate in the violation. (d) If the sale was made through a vending machine, the machine was equipped with an operational lock-out device. (4) The division shall develop and make available a model tobacco products training program designed to ensure adherence to this act by dealers and their employees which, if followed, will qualify dealers as responsible dealers. (5) Dealers shall exercise diligence in the management and supervision of their premises and in the supervision and training of their employees, agents, or servants. In proceedings to impose penalties under s. 569.006, proof that employees, agents, or servants of the dealer, while in the scope of their employment, committed at least three violations of s. 569.101 during a 180-day period shall be prima facie evidence of a lack of due diligence by the dealer in the management and supervision of his or her premises and in the supervision and training of employees, agents, officers, or servants. (6) The division may consider qualification as a responsible retail tobacco products dealer under this section as evidence that the dealer properly exercised the diligence required under this section. 569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age; criminal penalties; defense. (1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any tobacco product. (2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) A person charged with a violation of subsection (1) has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given: (a) The buyer or recipient falsely evidenced that she or he was 18 years of age or older; (b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; and (c) Such person carefully checked a driver's license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older. 569.11 Possession, misrepresenting age or military service to purchase, and purchase of tobacco products by State Statutes 554 persons under 18 years of age prohibited; penalties; jurisdiction; disposition of fines (1) It is unlawful for any person under 18 years of age to knowingly possess any tobacco product. Any person under 18 years of age who violates the provisions of this subsection commits a noncriminal violation as provided in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco program, if locally available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person's driver's license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (2) It is unlawful for any person under 18 years of age to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any tobacco product, or to purchase, or attempt to purchase, any tobacco product from a person or a vending machine. Any person under 18 years of age who violates a provision of this subsection commits a noncriminal violation as provided in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco program, if available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person's driver's license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (3) Any person under 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco program, if locally available. If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court appearance is mandatory, within 30 days after the date of the hearing. (4) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine. The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed. If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (1) or subsection (2). A person who participates in community service shall be considered an employee of the state for the purpose of chapter 440, for the duration of such service. (5) (a) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (1)(a) or paragraph (2)(a), or attend a school-approved anti-tobacco program, if locally available, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver's license or driving privilege of that person for a period of 30 consecutive days. (b) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (1)(b) or paragraph (2)(b), the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver's license or driving privilege of that person for a period of 45 consecutive days. (6) Eighty percent of all civil penalties received by a county court pursuant to this section shall be remitted by the clerk of the court to the Department of Revenue for transfer to the Department of Education to provide for teacher training and for research and evaluation to reduce and prevent the use of tobacco products by children. The remaining 20 percent of civil penalties received by a county court pursuant to this section shall remain with the clerk of the State Statutes 555 county court to cover administrative costs. 569.12 Jurisdiction; tobacco product enforcement officers or agents; enforcement. (1) In addition to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, any law enforcement officer certified under s. 943.10(1), (6), or (8) shall enforce the provisions of this chapter. (2) (a) A county or municipality may designate certain of its employees or agents as tobacco product enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Nothing in this section shall be construed to permit the carrying of firearms or other weapons by a tobacco product enforcement agent, nor does designation as a tobacco product enforcement officer provide the employee or agent with the power of arrest or subject the employee or agent to the provisions of ss. 943.085943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. (b) A tobacco product enforcement officer is authorized to issue a citation to a person under the age of 18 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 386.212 or s. 569.11. (3) A correctional probation officer as defined in s. 943.10(3) is authorized to issue a citation to a person under the age of 18 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 569.11. (4) A citation issued to any person violating the provisions of s. 569.11 shall be in a form prescribed by the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation and shall contain: (a) The date and time of issuance. (b) The name and address of the person to whom the citation is issued. (c) The date and time the civil infraction was committed. (d) The facts constituting reasonable cause. (e) The number of the Florida statute violated. (f) The name and authority of the citing officer. (g) The procedure for the person to follow in order to contest the citation, perform the required community service, attend the required anti-tobacco program, or to pay the civil penalty. 569.14 Posting of a sign stating that the sale of tobacco products to persons under 18 years of age is unlawful; enforcement; penalty. (1) A dealer that sells tobacco products shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following: THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. (2) A dealer that sells tobacco products and nicotine products or nicotine dispensing devices, as defined in s. 877.112, may use a sign that substantially states the following: THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. A dealer that uses a sign as described in this subsection meets the signage requirements of subsection (1) and s. 877.112. (3) The division shall make available to dealers of tobacco products signs that meet the requirements of subsection (1) or subsection (2). (4) Any dealer that sells tobacco products shall provide at the checkout counter in a location clearly visible to the dealer or the dealer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase tobacco products. This point of sale material must contain substantially the following language: IF YOU WERE NOT BORN BEFORE THIS DATE, (insert date and applicable year) YOU CANNOT BUY TOBACCO PRODUCTS. Upon approval by the division, in lieu of a calendar a dealer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase tobacco products. Failure to comply with the provisions contained in this subsection shall result in imposition of administrative penalties as provided in s. 569.006. (5) The division, through its agents and inspectors, shall enforce this section. (6) Any person who fails to comply with subsection (1) is guilty of a misdemeanor of State Statutes 556 the second degree, punishable as provided in s. 775.082 or s. 775.083. 588.13 Definitions.– In construing ss. 588.12-588.25 the following words, phrases, or terms shall be held to mean: (1) "Livestock" shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals. (2) "Owner" shall include any person, association, firm, or corporation, natural or artificial, owning or having custody of or in charge of livestock. (3) Livestock "running at large" or "straying" shall mean any livestock found or being on any public land, or land belonging to a person other than the owner of the livestock, without the landowner's permission, and posing a threat to public safety. (4) "Public roads" as used herein shall mean those roads within the state which are, or may be, maintained by the state, a political subdivision of the state, or a municipality, including the full width of the right-of-way, except those maintained, and expressly exempted from provisions of this chapter, by ordinance of the county or municipality having jurisdiction. 588.24 Penalty. Any owner of livestock who unlawfully, intentionally, knowingly or negligently permits the same to run at large or stray upon the public roads of this state or any person who shall release livestock, after being impounded, without authority of the impounder, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 590.081Severe drought conditions; burning prohibited. (1) The Commissioner of Agriculture may declare a severe drought emergency to exist and describe the general boundaries of the area affected. (2) Any declaration by the Commissioner of Agriculture under authority of this section shall be effective immediately upon being filed with the Department of State and shall remain in full force and effect until conditions warrant a revocation. In order to end the declaration, the commissioner must file a revocation of the declaration with the Department of State. (3) It is unlawful for any person to set fire to, or cause fire to be set to, any wild lands or to build a campfire or bonfire or to burn trash or other debris within the designated area of a severe drought emergency unless a written permit is obtained from the Florida Forest Service or its designated agent. (4) Any person violating any of the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 590.10 Disposing of lighted substances, etc. (1) It is unlawful for any person to throw, drop, or dispose of a lighted match, cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may or does cause a wildfire. (2) Anyone who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 590.11 Recreational fires. (1) It is unlawful for any individual or group of individuals to build a warming fire, bonfire, or campfire and leave it unattended while visible flame, smoke, or emissions exist. (2)Anyone who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 590.125 Open burning authorized by the Florida Forest Service. (1) DEFINITIONS. As used in this section, the term: (a) “Certified pile burner” means an individual who successfully completes the pile burning certification program of the Florida Forest Service and possesses a valid pile burner certification number. (b) “Certified pile burning” means a pile burn conducted in accordance with a written pile burning plan by a certified pile burner. (c) “Certified prescribed burn manager” means an individual who successfully completes the certified prescribed burning program of the Florida Forest Service and possesses a valid certification number. (d) “Certified prescribed burning” means prescribed burning in accordance with a written prescription conducted by a certified prescribed burn manager. (e) “Contained” means that fire and smoldering exist entirely within established or natural firebreaks. (f) “Completed” means that for: 1. Broadcast burning, no continued lateral State Statutes 557 movement of fire across the authorized area into entirely unburned fuels within the authorized area. 2. Certified pile burning or pile burning, no visible flames exist. 3. Certified pile burning or pile burning in an area designated as smoke sensitive by the Florida Forest Service, no visible flames, smoke, or emissions exist. (g) “Gross negligence” means conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. (h) “Pile burning” means the burning of silvicultural, agricultural, land-clearing, or tree-cutting debris originating onsite, which is stacked together in a round or linear fashion, including, but not limited to, a windrow. Pile burning authorized by the Florida Forest Service is a temporary procedure, which operates on the same site for 6 months or less. (i) “Pile burn plan” means a written plan establishing the method of conducting a certified pile burn. (j) “Prescribed burning” means the application of fire by broadcast burning for vegetative fuels under specified environmental conditions, while following appropriate measures to guard against the spread of fire beyond the predetermined area to accomplish the planned fire or land management objectives. (k) “Prescription” means a written plan establishing the conditions and methods for conducting a certified prescribed burn. (l) “Smoldering” means the continued consumption of fuels, which may emit flames and smoke, after a fire is contained. (m)“Yard trash” means vegetative matter resulting from landscaping and yard maintenance operations and other such routine property cleanup activities. The term includes materials such as leaves, shrub trimmings, grass clippings, brush, and palm fronds. (2) NONCERTIFIED BURNING. (a) Persons may be authorized to broadcast burn or pile burn pursuant to this subsection if: 1. There is specific consent of the landowner or his or her designee; 2. Authorization has been obtained from the Florida Forest Service or its designated agent before starting the burn; 3. There are adequate firebreaks at the burn site and sufficient personnel and firefighting equipment for the containment of the fire; 4. The fire remains within the boundary of the authorized area; 5. The person named responsible in the burn authorization or a designee is present at the burn site until the fire is completed; 6. The Florida Forest Service does not cancel the authorization; and 7. The Florida Forest Service determines that air quality and fire danger are favorable for safe burning. (b) A new authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the person named responsible in the burn authorization or a designee. (c) Monitoring the smoldering activity of a burn does not require an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering. (d) A person who broadcast burns or pile burns in a manner that violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) CERTIFIED PRESCRIBED BURNING; LEGISLATIVE FINDINGS AND PURPOSE. (a) The application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of the state. The Legislature finds that: 1. Prescribed burning reduces vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of wildfire, thereby reducing the threat of loss of life and property, particularly in urban areas. 2. Most of Florida’s natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state’s biological diversity will occur if fire is excluded from fire-dependent systems. 3. Forestland and rangeland constitute significant economic, biological, and aesthetic resources of statewide importance. Prescribed burning on forestland prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling, and controls or eliminates certain forest pathogens. On rangeland, prescribed burning improves the quality and quantity of herbaceous vegetation necessary for livestock production. State Statutes 558 4. The state purchased hundreds of thousands of acres of land for parks, preserves, wildlife management areas, forests, and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired. 5. A public education program is necessary to make citizens and visitors aware of the public safety, resource, and economic benefits of prescribed burning. 6. Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public. 7. As Florida’s population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning. Therefore, the Florida Forest Service is urged to maximize the opportunities for prescribed burning conducted during its daytime and nighttime authorization process. (b) Certified prescribed burning pertains only to broadcast burning for purposes of silviculture, wildland fire hazard reduction, wildlife management, ecological maintenance and restoration, and agriculture. It must be conducted in accordance with this subsection and: 1. May be accomplished only when a certified prescribed burn manager is present on site with a copy of the prescription and directly supervises the certified prescribed burn until the burn is completed, after which the certified prescribed burn manager is not required to be present. 2. Requires that a written prescription be prepared before receiving authorization to burn from the Florida Forest Service. a. A new prescription or authorization is not required for smoldering that occurs within the authorized burn area unless new ignitions are conducted by the certified prescribed burn manager. b. Monitoring the smoldering activity of a certified prescribed burn does not require a prescription or an additional authorization even if flames begin to spread within the authorized burn area due to ongoing smoldering. 3. Requires that the specific consent of the landowner or his or her designee be obtained before requesting an authorization. 4. Requires that an authorization to burn be obtained from the Florida Forest Service before igniting the burn. 5. Requires that there be adequate firebreaks at the burn site and sufficient personnel and firefighting equipment to contain the fire within the authorized burn area. a. Fire spreading outside the authorized burn area on the day of the certified prescribed burn ignition does not constitute conclusive proof of inadequate firebreaks, insufficient personnel, or a lack of firefighting equipment. b. If the certified prescribed burn is contained within the authorized burn area during the authorized period, a strong rebuttable presumption shall exist that adequate firebreaks, sufficient personnel, and sufficient firefighting equipment were present. c. Continued smoldering of a certified prescribed burn resulting in a subsequent wildfire does not by itself constitute evidence of gross negligence under this section. 6. Is considered to be in the public interest and does not constitute a public or private nuisance when conducted under applicable state air pollution statutes and rules. 7. Is considered to be a property right of the property owner if vegetative fuels are burned as required in this subsection. (c) A property owner or leaseholder or his or her agent, contractor, or legally authorized designee is not liable pursuant to s. 590.13 for damage or injury caused by the fire, including the reignition of a smoldering, previously contained burn, or resulting smoke or considered to be in violation of subsection (2) for burns conducted in accordance with this subsection, unless gross negligence is proven. The Florida Forest Service is not liable for burns for which it issues authorizations. (d) Any certified burner who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (e) The Florida Forest Service shall adopt rules for the use of prescribed burning and for certifying and decertifying certified prescribed burn managers based on their past experience, training, and record of compliance with this section. (4) CERTIFIED PILE BURNING. (a) Certified pile burning pertains to the disposal of piled, naturally occurring debris State Statutes 559 from agricultural, silvicultural, land-clearing, or tree-cutting debris originating onsite. Certified pile burning must be conducted in accordance with the following: 1. A certified pile burner must ensure, before ignition, that the piles are properly placed and that the content of the piles is conducive to efficient burning. 2. A certified pile burner must ensure that the authorized burn is completed no later than 1 hour after sunset. If the burn is conducted in an area designated by the Florida Forest Service as smoke sensitive, a certified pile burner must ensure that the authorized burn is completed at least 1 hour before sunset. 3. A written pile burning plan must be prepared before receiving authorization from the Florida Forest Service to burn and must be onsite and available for inspection by a department representative. 4. The specific consent of the landowner or his or her agent must be obtained before requesting authorization to burn. 5. An authorization to burn must be obtained from the Florida Forest Service or its designated agent before igniting the burn. 6. There must be adequate firebreaks and sufficient personnel and firefighting equipment at the burn site to contain the burn to the piles authorized. (b) If a burn is conducted in accordance with paragraph (a), the property owner and his or her agent are not liable under s. 590.13 for damage or injury caused by the fire or resulting smoke, and are not in violation of subsection (2), unless gross negligence is proven. (c) A certified pile burner who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (d) The Florida Forest Service shall adopt rules regulating certified pile burning. The rules shall include procedures and criteria for certifying and decertifying certified pile burn managers based on past experience, training, and record of compliance with this section. (5) WILDFIRE HAZARD REDUCTION TREATMENT BY THE FLORIDA FOREST SERVICE. The Florida Forest Service may conduct fuel reduction initiatives, including, but not limited to, burning and mechanical and chemical treatment, on any area of wild land within the state which is reasonably determined to be in danger of wildfire in accordance with the following procedures: (a) Describe the areas that will receive fuels treatment to the affected local governmental entity. (b) Publish a treatment notice, including a description of the area to be treated, in a conspicuous manner in at least one newspaper of general circulation in the area of the treatment not less than 10 days before the treatment. (c) Prepare and send a notice to all landowners in each area designated by the Florida Forest Service as a wildfire hazard area. The notice must describe particularly the area to be treated and the tentative date or dates of the treatment and must list the reasons for and the expected benefits from the wildfire hazard reduction. (d) Consider any landowner objections to the fuels treatment of his or her property. The landowner may apply to the director of the Florida Forest Service for a review of alternative methods of fuel reduction on the property. If the director or his or her designee does not resolve the landowner objection, the director shall convene a panel made up of the local forestry unit manager, the fire chief of the jurisdiction, and the affected county or city manager, or any of their designees. If the panel’s recommendation is not acceptable to the landowner, the landowner may request further consideration by the Commissioner of Agriculture or his or her designee and shall thereafter be entitled to an administrative hearing pursuant to the provisions of chapter 120. (6)FLORIDA FOREST SERVICE APPROVAL OF LOCAL GOVERNMENT OPEN BURNING AUTHORIZATION PROGRAMS. (a) A county or municipality may exercise the authority of the Florida Forest Service, if delegated by the Florida Forest Service under this subsection, to issue authorizations for the burning of yard trash or debris from land-clearing operations. A county’s or municipality’s existing or proposed open burning authorization program must: 1. Be approved by the Florida Forest Service. The Florida Forest Service may not approve a program if it fails to meet the requirements of subsections (2) and (4) and any rules adopted under those subsections. 2. Provide by ordinance or local law the requirements for obtaining and performing a burn authorization that State Statutes 560 complies with subsections (2) and (4) and any rules adopted under those subsections. 3. Provide for the enforcement of the program’s requirements. 4. Provide financial, personnel, and other resources needed to carry out the program. (b) If the Florida Forest Service determines that a county’s or municipality’s open burning authorization program does not comply with subsections (2) and (4) and any rules adopted under those subsections, the Florida Forest Service shall require the county or municipality to take necessary corrective actions within 90 days after receiving notice from the Florida Forest Service of its determination. 1. If the county or municipality fails to take the necessary corrective actions within the required period, the Florida Forest Service shall resume administration of the open burning authorization program in the county or municipality and the county or municipality shall cease administration of its program. 2. Each county and municipality administering an open burning authorization program must cooperate with and assist the Florida Forest Service in carrying out the powers, duties, and functions of the Florida Forest Service. 3. A person who violates the requirements of a county’s or municipality’s open burning authorization program, as provided by ordinance or local law enacted pursuant to this subsection, commits a violation of this chapter, punishable as provided in s. 590.14. (7)DUTIES OF AGENCIES. The Department of Education shall incorporate, where feasible and appropriate, the issues of fuels treatment, including prescribed burning, into its educational materials. 590.14 Notice of violation; penalties; legislative intent. (1) If a Florida Forest Service employee determines that a person has violated chapter 589, this chapter, or any rule adopted by the Florida Forest Service to administer provisions of law conferring duties upon the Florida Forest Service, the Florida Forest Service employee may issue a notice of violation indicating the statute or rule violated. This notice will be filed with the Florida Forest Service and a copy forwarded to the appropriate law enforcement entity for further action if necessary. (2) In addition to any penalties provided by law, any person who causes a wildfire or permits any authorized fire to escape the boundaries of the authorization or to burn past the time of the authorization is liable for the payment of all reasonable costs and expenses incurred in suppressing the fire or $150, whichever is greater. All costs and expenses incurred by the Florida Forest Service shall be payable to the Florida Forest Service. When such costs and expenses are not paid within 30 days after demand, the Florida Forest Service may take proper legal proceedings for the collection of the costs and expenses. Those costs incurred by an agency acting at the direction of the Florida Forest Service are recoverable by that agency. (3) The department may also impose an administrative fine in the Class I category pursuant to s. 570.971 for each violation of chapter 589 or this chapter or violation of any rule adopted by the Florida Forest Service to administer law conferring duties upon the Florida Forest Service. The fine shall be based upon the degree of damage, the prior violation record of the person, and whether the person knowingly provided false information to obtain an authorization. The fines shall be deposited in the Incidental Trust Fund of the Florida Forest Service. (4) A person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the person: (a) Fails to comply with any rule or order adopted by the Florida Forest Service to administer provisions of law conferring duties upon it; or (b) Knowingly makes any false statement or representation in any application, record, plan, or other document required by this chapter or any rules adopted under this chapter. (5) It is the intent of the Legislature that a penalty imposed by a court under subsection (4) be of a severity that ensures immediate and continued compliance with this section. (6) The penalties provided in this section shall extend to both the actual violator and the person or persons, firm, or corporation causing, directing, or permitting the violation. 590.25 Penalty for obstructing the prevention, detection, or suppression of wildfires. Whoever interferes with, obstructs or commits any act aimed to State Statutes 561 obstruct the prevention, detection, or suppression of wildfires by the employees of the Florida Forest Service or any other person engaged in the prevention, detection, or suppression of a wildfire, or who damages or destroys any equipment being used for such purpose, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 590.27 Penalty for mutilating or destroying forestry or fire control signs and posters. Whoever intentionally breaks down, mutilates, removes, or destroys any fire control or forestry sign or poster commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 590.28 Intentional or reckless burning of lands. (1) Whoever intentionally burns, sets fire to, or causes to be burned or causes any fire to be set to, any wild land or vegetative land clearing debris not owned by, or in the lawful possession of, the person setting such fire or burning such lands or causing such fire to be set or lands to be burned without complying with s. 590.125, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever recklessly burns, sets fire to, or causes to be burned any wild lands not owned by, or in the lawful possession of, the person setting the fire or burning the lands or causing the fire to be set or lands to be burned, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 590.29 Illegal possession of incendiary device. (1) It is unlawful for a person other than a certified fire or law enforcement instructor to have in his or her possession any incendiary device as defined by subsection (3) with the intent to use such device for the purpose of burning or setting fire to any wild land, if such person is not the owner of, nor, as under a lease, in lawful possession of, the wild land. (2) The possession of any incendiary device as defined by subsection (3) is prima facie evidence of the intent of the person possessing such device to use such device for the purpose of burning or setting fire to wild land if such person is not the owner of the wild land. (3) The term "incendiary device" as used in this section is included but not limited to any "slow match" which is any device contrived to accomplish the delayed ignition of a match or matches or other inflammable material by the use of a cigarette, rope, or candle to which such match or matches are attached, or a magnifying glass so focused as to intensify heat on inflammable material and thus cause a fire to start at a subsequent time, and any chemicals or chemically treated paper or material, or other combustible material so arranged or designed as to make possible its use as a delayed firing device. (4) Anyone who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 715.07 Vehicles or vessels parked on private property; towing. (1) As used in this section, the term: (a) “Vehicle” means any mobile item which normally uses wheels, whether motorized or not. (b) “Vessel” means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a “documented vessel” as defined in s. 327.02. (2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his permission to be removed by a person regularly engaged in the business of towing vehicles or vessels, without liability for the costs of removal, transportation, or storage or damages caused by such removal, transportation, or storage, under any of the following circumstances: (a) The towing or removal of any vehicle or vessel from private property without the consent of the registered owner or other legally authorized person in control of that vehicle or vessel is subject to strict compliance with the following conditions and restrictions: 1. a. Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less State Statutes 562 than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section. b. If no towing business providing such service is located within the area of towing limitations set forth in sub-subparagraph a., the following limitations apply: any towed or removed vehicle or vessel must be stored at a site within a 20-mile radius of the point of removal in any county of 500,000 population or more, and within a 30-mile radius of the point of removal in any county of less than 500,000 population. 2. The person or firm towing or removing the vehicle or vessel shall, within 30 minutes after completion of such towing or removal, notify the municipal police department or, in an unincorporated area, the sheriff, of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record. 3. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in subparagraph 6. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel. 4. A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location. 5. Except for property appurtenant to and obviously a part of a single-family residence, and except for instances when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable for unauthorized vehicles or vessels and that the vehicle or vessel is subject to being removed at the owner’s or operator’s expense, any property owner or lessee, or person authorized by the property owner or lessee, prior to towing or removing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, must post a notice meeting the following requirements: a. The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the signs must be posted not less than one sign for each 25 feet of lot frontage. b. The notice must clearly indicate, in not less than 2-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner’s expense. The words “tow-away zone” must be included on the sign in not less than 4-inch high letters. c. The notice must also provide the name and current telephone number of the person or firm towing or removing the vehicles or vessels. d. The sign structure containing the required notices must be permanently installed with the words “tow-away zone” not less than 3 feet and not more than 6 feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing or removal of any vehicles or vessels. e. The local government may require permitting and inspection of these signs prior to any towing or removal of vehicles or vessels being authorized. f. A business with 20 or fewer parking spaces satisfies the notice requirements of this subparagraph by prominently State Statutes 563 displaying a sign stating “Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner’s Expense” in not less than 4-inch high, light-reflective letters on a contrasting background. g. A property owner towing or removing vessels from real property must post notice, consistent with the requirements in sub-subparagraphs a.-f., which apply to vehicles, that unauthorized vehicles or vessels will be towed away at the owner’s expense. A business owner or lessee may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign. 6. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner, operator, or person in control of a vehicle or vessel to pay the costs of towing and storage prior to redemption of the vehicle or vessel must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessees, or persons in control of property which authorize such person or firm to remove vehicles or vessels as provided in this section. 7. Any person or firm towing or removing any vehicles or vessels from private property without the consent of the owner or other legally authorized person in control of the vehicles or vessels shall, on any trucks, wreckers as defined in s. 713.78(1)(c), or other vehicles used in the towing or removal, have the name, address, and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle. The name shall be in at least 3-inch permanently affixed letters, and the address and telephone number shall be in at least 1-inch permanently affixed letters. 8. Vehicle entry for the purpose of removing the vehicle or vessel shall be allowed with reasonable care on the part of the person or firm towing the vehicle or vessel. Such person or firm shall be liable for any damage occasioned to the vehicle or vessel if such entry is not in accordance with the standard of reasonable care. 9. When a vehicle or vessel has been towed or removed pursuant to this section, it must be released to its owner or custodian within one hour after requested. Any vehicle or vessel owner or agent shall have the right to inspect the vehicle or vessel before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle or vessel from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle or vessel owner, custodian, or agent as a condition of release of the vehicle or vessel to its owner. A detailed, signed receipt showing the legal name of the company or person towing or removing the vehicle or vessel must be given to the person paying towing or storage charges at the time of payment, whether requested or not. (b) These requirements are minimum standards and do not preclude enactment of additional regulations by any municipality or county including the right to regulate rates when vehicles or vessels are towed from private property. (3) This section does not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such or to property owned by any governmental entity. (4) When a person improperly causes a vehicle or vessel to be removed, such person shall be liable to the owner or lessee of the vehicle or vessel for the cost of removal, transportation, and storage; any damages resulting from the removal, transportation, or storage of the vehicle or vessel; attorney’s fees; and court costs. (5)(a)Any person who violates subparagraph (2)(a)2. or subparagraph (2)(a)6. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who violates subparagraph (2)(a)1., subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph (2)(a)7., or subparagraph (2)(a)9. commits a State Statutes 564 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 741.28 Domestic violence; definitions. As used in ss. 741.28-741.31: (1) "Department" means the Florida Department of Law Enforcement. (2) "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. (3) "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (4) "Law enforcement officer" means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395. 741.29 Domestic violence; investigation of incidents; notice to victims of legal rights and remedies; reporting. (1) Any law enforcement officer who investigates an alleged incident of domestic violence shall assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the department. As necessary, the department shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of s. 741.30 using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include: (a) The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Families; and (b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from domestic violence which may include, but need not be limited to, provisions which restrain the abuser from further acts of abuse; direct the abuser to leave your household; prevent the abuser from entering your residence, school, business, or place of employment; award you custody of your minor child or children; and direct the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so.” (2) When a law enforcement officer investigates an allegation that an incident of domestic violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (3), (4), and (5). Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence. Such report shall be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will permit data on domestic violence cases to be compiled. Such report must include: (a) A description of physical injuries observed, if any. (b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the officer shall include in the report the grounds for not arresting anyone or for arresting two or more parties. (c) A statement which indicates that a copy of the legal rights and remedies notice was given to the victim. Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged domestic violence. The officer shall submit the report to the supervisor or other person to whom the employer’s rules or policies require reports of similar allegations of criminal activity to be made. The law State Statutes 565 enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim/witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency’s receipt of the report. The report furnished to the domestic violence center must include a narrative description of the domestic violence incident. (3) Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties. (4) (a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest. (b) If a law enforcement officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence. (5) No law enforcement officer shall be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident. (6) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance. 741.30 Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption. (1) There is created a cause of action for an injunction for protection against domestic violence. (a) Any person described in paragraph (e), who is either the victim of domestic violence as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence, has standing in the circuit court to file a sworn petition for an injunction for protection against domestic violence. (b) This cause of action for an injunction may be sought whether or not any other cause of action is currently pending between the parties. However, the pendency of any such cause of action shall be alleged in the petition. (c) In the event a subsequent cause of action is filed under chapter 61, any orders entered therein shall take precedence over any inconsistent provisions of an injunction issued under this section which addresses matters governed by chapter 61. (d) A person’s right to petition for an injunction shall not be affected by such person having left a residence or household to avoid domestic violence. (e) This cause of action for an injunction may be sought by family or household members. No person shall be precluded from seeking injunctive relief pursuant to this chapter solely on the basis that such person is not a spouse. (f) This cause of action for an injunction shall not require that either party be represented by an attorney. (g) Notwithstanding any other law, attorney fees may not be awarded in any proceeding under this section. (h) Any person, including an officer of the court, who offers evidence or recommendations relating to the cause of action must either present the evidence or recommendations in writing to the court with copies to each party and their attorney, or must present the evidence under oath at a hearing at which all parties are present. (i) Nothing in this section shall affect the title to any real estate. (j) The court is prohibited from issuing mutual orders of protection. This does not preclude the court from issuing separate injunctions for protection against domestic State Statutes 566 violence where each party has complied with the provisions of this section. Compliance with the provisions of this section cannot be waived. (k) Notwithstanding any provision of chapter 47, a petition for an injunction for protection against domestic violence may be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred. There is no minimum requirement of residency to petition for an injunction for protection. (2) (a) Notwithstanding any other provision of law, the assessment of a filing fee for a petition for protection against domestic violence is prohibited effective October 1, 2002. However, subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection against domestic violence issued by the court, at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay any law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee shall not exceed $20. (b) No bond shall be required by the court for the entry of an injunction. (c) 1. The clerk of the court shall assist petitioners in seeking both injunctions for protection against domestic violence and enforcement for a violation thereof as specified in this section. 2. All clerks’ offices shall provide simplified petition forms for the injunction, any modifications, and the enforcement thereof, including instructions for completion. 3. The clerk of the court shall advise petitioners of the opportunity to apply for a certificate of indigence in lieu of prepayment for the cost of the filing fee, as provided in paragraph (a). 4. The clerk of the court shall ensure the petitioner’s privacy to the extent practical while completing the forms for injunctions for protection against domestic violence. 5. The clerk of the court shall provide petitioners with a minimum of two certified copies of the order of injunction, one of which is serviceable and will inform the petitioner of the process for service and enforcement. 6. Clerks of court and appropriate staff in each county shall receive training in the effective assistance of petitioners as provided or approved by the Florida Association of Court Clerks. 7. The clerk of the court in each county shall make available informational brochures on domestic violence when such brochures are provided by local certified domestic violence centers. 8. The clerk of the court in each county shall distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction for protection against domestic or repeat violence when such brochures become available. The brochure must include information about the effect of giving the court false information about domestic violence. (3) (a) The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances upon the basis of which relief is sought. (b) The sworn petition shall be in substantially the following form: PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE Before me, the undersigned authority, personally appeared Petitioner (Name), who has been sworn and says that the following statements are true: (a) Petitioner resides at: (address) (Petitioner may furnish address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of the current residence to be confidential.) (b) Respondent resides at: (last known address) (c) Respondent’s last known place of employment: (name of business and address) (d) Physical description of respondent: Race, Sex, Date of birth, Height, Weight, Eye color, Hair color, Distinguishing marks or scars. (e) Aliases of respondent: (f)Respondent is the spouse or former spouse of the petitioner or is any other person related by blood or marriage to the petitioner or is any other person who is or was residing within a single dwelling unit with the petitioner, as if a family, or is a person with whom the petitioner has a child in common, regardless of whether the petitioner and respondent are or were married or residing together, as if a family. (g) The following describes any other cause of action currently pending between the petitioner and respondent: The petitioner should also describe any previous or pending attempts by the petitioner to obtain State Statutes 567 an injunction for protection against domestic violence in this or any other circuit, and the results of that attempt. Case numbers should be included if available. (h) Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because respondent has (mark all sections that apply and describe in the spaces below the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or visitation exchange): committed or threatened to commit domestic violence defined in s. 741.28, Florida Statutes, as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another. With the exception of persons who are parents of a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. previously threatened, harassed, stalked, or physically abused the petitioner. attempted to harm the petitioner or family members or individuals closely associated with the petitioner. threatened to conceal, kidnap, or harm the petitioner’s child or children. intentionally injured or killed a family pet. used, or has threatened to use, against the petitioner any weapons such as guns or knives. physically restrained the petitioner from leaving the home or calling law enforcement. a criminal history involving violence or the threat of violence (if known). another order of protection issued against him or her previously or from another jurisdiction (if known). destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner. engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. (i)Petitioner alleges the following additional specific facts: (mark appropriate sections) A minor child or minor children reside with the petitioner whose names and ages are as follows: Petitioner needs the exclusive use and possession of the dwelling that the parties share. Petitioner is unable to obtain safe alternative housing because: Petitioner genuinely fears that respondent imminently will abuse, remove, or hide the minor child or children from petitioner because: (j)Petitioner genuinely fears imminent domestic violence by respondent. (k) Petitioner seeks an injunction: (mark appropriate section or sections) Immediately restraining the respondent from committing any acts of domestic violence. Restraining the respondent from committing any acts of domestic violence. Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. Providing a temporary parenting plan, including a temporary time-sharing schedule, with regard to the minor child or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party. Establishing temporary support for the minor child or children or the petitioner. Directing the respondent to participate in a batterers’ intervention program or other treatment pursuant to s. 39.901, Florida Statutes. Providing any terms the court deems necessary for the protection of a victim of domestic violence, or any minor children of the victim, including any injunctions or directives to law enforcement agencies. (c) Every petition for an injunction against domestic violence shall contain, directly above the signature line, a statement in all capital letters and bold type not smaller than the surrounding text, as follows: I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. (initials) (d) If the sworn petition seeks to determine a parenting plan and time-sharing schedule with regard to the minor child or children of the parties, the sworn petition shall be accompanied by or shall incorporate the allegations required by s. 61.522 of the Uniform Child Custody Jurisdiction and Enforcement Act. (4) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing. (5) (a) If it appears to the court that an immediate and present danger of domestic violence exists, the court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the State Statutes 568 residence of the petitioner. 3. On the same basis as provided in s. 61.13, providing the petitioner a temporary parenting plan, including a time-sharing schedule, which may award the petitioner up to 100 percent of the time-sharing. The temporary parenting plan remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. (b) Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining such ex parte temporary injunction, no evidence other than verified pleadings or affidavits shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing. A denial of a petition for an ex parte injunction shall be by written order noting the legal grounds for denial. When the only ground for denial is no appearance of an immediate and present danger of domestic violence, the court shall set a full hearing on the petition for injunction with notice at the earliest possible time. Nothing herein affects a petitioner’s right to promptly amend any petition, or otherwise be heard in person on any petition consistent with the Florida Rules of Civil Procedure. (c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance. (6) (a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction: 1. Restraining the respondent from committing any acts of domestic violence. 2. Awarding to the petitioner the exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner. 3. On the same basis as provided in chapter 61, providing the petitioner with 100 percent of the time-sharing in a temporary parenting plan that remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting the placement of, access to, parental time with, adoption of, or parental rights and responsibilities for the minor child. 4. On the same basis as provided in chapter 61, establishing temporary support for a minor child or children or the petitioner. An order of temporary support remains in effect until the order expires or an order is entered by a court of competent jurisdiction in a pending or subsequent civil action or proceeding affecting child support. 5. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. When the court orders the respondent to participate in a batterers’ intervention program, the court, or any entity designated by the court, must provide the respondent with a list of batterers’ intervention programs from which the respondent must choose a program in which to participate. 6. Referring a petitioner to a certified domestic violence center. The court must provide the petitioner with a list of certified domestic violence centers in the circuit which the petitioner may contact. 7. Ordering such other relief as the court deems necessary for the protection of a victim of domestic violence, including injunctions or directives to law enforcement agencies, as provided in this section. (b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to: 1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse. 2. Whether the respondent has attempted to harm the petitioner or family members State Statutes 569 or individuals closely associated with the petitioner. 3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children. 4. Whether the respondent has intentionally injured or killed a family pet. 5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives. 6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement. 7. Whether the respondent has a criminal history involving violence or the threat of violence. 8. The existence of a verifiable order of protection issued previously or from another jurisdiction. 9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner. 10.Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence. In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-10. (c) The terms of an injunction restraining the respondent under subparagraph (a)1. or ordering other relief for the protection of the victim under subparagraph (a)7. shall remain in effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. No specific allegations are required. Such relief may be granted in addition to other civil or criminal remedies. (d) A temporary or final judgment on injunction for protection against domestic violence entered pursuant to this section shall, on its face, indicate that: 1. The injunction is valid and enforceable in all counties of the State of Florida. 2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction. 3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process. 4. The date respondent was served with the temporary or final order, if obtainable. (e) An injunction for protection against domestic violence entered pursuant to this section, on its face, may order that the respondent attend a batterers’ intervention program as a condition of the injunction. Unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why batterers’ intervention programs would be inappropriate, the court shall order the respondent to attend a batterers’ intervention program if: 1. It finds that the respondent willfully violated the ex parte injunction; 2. The respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence; or 3. The respondent, in this state or any other state, has had at any time a prior injunction for protection entered against the respondent after a hearing with notice. (f) The fact that a separate order of protection is granted to each opposing party shall not be legally sufficient to deny any remedy to either party or to prove that the parties are equally at fault or equally endangered. (g) A final judgment on injunction for protection against domestic violence entered pursuant to this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition. (h) All proceedings under this subsection shall be recorded. Recording may be by electronic means as provided by the Rules of Judicial Administration. (7) The court shall allow an advocate from a state attorney’s office, an advocate from a law enforcement agency, or an advocate from a certified domestic violence center who is registered under s. 39.905 to be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection, provided the petitioner or respondent has made such a request and the advocate is able to be present. (8) (a) 1. The clerk of the court shall furnish a State Statutes 570 copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent’s physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the jurisdiction to effect service. A law enforcement agency serving injunctions pursuant to this section shall use service and verification procedures consistent with those of the sheriff. 2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against domestic violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served. 3. All orders issued, changed, continued, extended, or vacated subsequent to the original service of documents enumerated under subparagraph 1., shall be certified by the clerk of the court and delivered to the parties at the time of the entry of the order. The parties may acknowledge receipt of such order in writing on the face of the original order. In the event a party fails or refuses to acknowledge the receipt of a certified copy of an order, the clerk shall note on the original order that service was effected. If delivery at the hearing is not possible, the clerk shall mail certified copies of the order to the parties at the last known address of each party. Service by mail is complete upon mailing. When an order is served pursuant to this subsection, the clerk shall prepare a written certification to be placed in the court file specifying the time, date, and method of service and shall notify the sheriff. If the respondent has been served previously with the temporary injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent petition for injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer. (b) There shall be created a Domestic and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes. (c) 1. Within 24 hours after the court issues an injunction for protection against domestic violence or changes, continues, extends, or vacates an injunction for protection against domestic violence, the clerk of the court must forward a certified copy of the injunction for service to the sheriff with jurisdiction over the residence of the petitioner. The injunction must be served in accordance with this subsection. 2. Within 24 hours after service of process of an injunction for protection against State Statutes 571 domestic violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner. 3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against domestic violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department. 4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department. 5. a. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against domestic violence and other court actions related to the injunction for protection. The automated notice shall be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against domestic violence was served. When a petitioner makes a request for notification, the clerk must apprise the petitioner of her or his right to request in writing that the information specified in sub-subparagraph b. be held exempt from public records requirements for 5 years. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process. b. Upon implementation of the automated process, information held by clerks and law enforcement agencies in conjunction with the automated process developed under sub-subparagraph a. which reveals the home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a petitioner requesting notification of service of an injunction for protection against domestic violence and other court actions related to the injunction for protection is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, upon written request by the petitioner. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties, notwithstanding this sub-subparagraph. This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2018, unless reviewed and saved from repeal through reenactment by the Legislature. 6. Within 24 hours after an injunction for protection against domestic violence is vacated, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court. (9) (a) The court may enforce a violation of an injunction for protection against domestic violence through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation under s. 741.31. The court may enforce the respondent’s compliance with the injunction through any appropriate civil and criminal remedies, including, but not limited to, a monetary assessment or a fine. The clerk of the court shall collect and receive such assessments or fines. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Domestic Violence Trust Fund established in s. 741.01. (b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 741.31, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing. (10) The petitioner or the respondent may move the court to modify or dissolve an State Statutes 572 injunction at any time. 741.31 Violation of an injunction for protection against domestic violence. (1) In the event of a violation of the injunction for protection against domestic violence when there has not been an arrest, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall either assist the petitioner in the preparation of an affidavit in support of the violation or direct the petitioner to the office operated by the court within the circuit that has been designated by the chief judge of that circuit as the central intake point for injunction violations and where the petitioner can receive assistance in the preparation of the affidavit in support of the violation. (2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such court or judge as the chief judge of that circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete their investigation and forward the report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy regarding intake of alleged violations of injunctions for protection against domestic violence under this section. The intake shall be supervised by a prosecutor who, pursuant to s. 741.2901(1), has been designated and assigned to handle domestic violence cases. The state attorney shall determine within 30 working days whether its office will proceed to file criminal charges, or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action. (3) If the court has knowledge, based on its familiarity with the case, that the petitioner, the children of the petitioner, or another person is in immediate danger if the court fails to act prior to the decision of the state attorney to prosecute, it should immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt. (4) (a) A person who willfully violates an injunction for protection against domestic violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by: 1. Refusing to vacate the dwelling that the parties share; 2. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; 3. Committing an act of domestic violence against the petitioner; 4. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; 5. Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party; 6. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied; 7. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or 8. Refusing to surrender firearms or ammunition if ordered to do so by the court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (c). (b) 1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition. 2. It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this paragraph shall not apply to a state or local officer as defined in s. 943.10(14), State Statutes 573 holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency. (c) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. (5) Whether or not there is a criminal prosecution under subsection (4), the court shall order the respondent to attend a batterers’ intervention program if it finds a willful violation of a domestic violence injunction, unless the court makes written factual findings in its judgment or order which are based on substantial evidence, stating why a batterers’ intervention program would be inappropriate. (6) Any person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence may be awarded economic damages for that injury and/or loss by the court issuing the injunction. Damages includes costs and attorneys’ fees for enforcement of the injunction. 741.313 Unlawful action against employees seeking protection. (1) As used in this section, the term: (a) “Domestic violence” means domestic violence, as defined in s. 741.28, or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence. (b) “Employee” has the same meaning as in s. 440.02(15). (c) “Employer” has the same meaning as in s. 440.02(16). (d) “Family or household member” has the same meaning as in s. 741.28. (e) “Sexual violence” means sexual violence, as defined in s. 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence. (f) “Victim” means an individual who has been subjected to domestic violence or sexual violence. (2) (a) An employer shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer. (b) This section applies if an employee uses the leave from work to: 1. Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence; 2. Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual violence; 3. Obtain services from a victim services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence or sexual violence; 4. Make the employee’s home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator; or 5. Seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence. (3) This section applies to an employer who employs 50 or more employees and to an employee who has been employed by the employer for 3 or more months. (4) (a) Except in cases of imminent danger to the health or safety of the employee, or to the health or safety of a family or household member, an employee seeking leave from work under this section must provide to his or her employer appropriate advance notice of the leave as required by the employer’s policy along with sufficient documentation of the act of domestic violence or sexual violence as required by the employer. (b) An employee seeking leave under this section must, before receiving the leave, exhaust all annual or vacation leave, personal leave, and sick leave, if applicable, that is available to the employee, unless the employer waives this requirement. (c) State Statutes 574 1. A private employer must keep all information relating to the employee’s leave under this section confidential. 2. An agency, as defined in s. 119.011, must keep information relating to the employee’s leave under this section confidential and exempt from disclosure to the extent authorized by subsection (7). (5) (a) An employer may not interfere with, restrain, or deny the exercise of or any attempt by an employee to exercise any right provided under this section. (b) An employer may not discharge, demote, suspend, retaliate, or in any other manner discriminate against an employee for exercising his or her rights under this section. (c) An employee has no greater rights to continued employment or to other benefits and conditions of employment than if the employee was not entitled to leave under this section. This section does not limit the employer’s right to discipline or terminate any employee for any reason, including, but not limited to, reductions in work force or termination for cause or for no reason at all, other than exercising his or her rights under this section. (6) Notwithstanding any other law to the contrary, the sole remedy for any person claiming to be aggrieved by a violation of this section is to bring a civil suit for damages or equitable relief, or both, in circuit court. The person may claim as damages all wages and benefits that would have been due the person up to and including the date of the judgment had the act violating this section not occurred, but the person may not claim wages or benefits for a period of leave granted without pay as provided in paragraph (2)(a). However, this section does not relieve the person from the obligation to mitigate his or her damages. (7) (a) Personal identifying information that is contained in records documenting an act of domestic violence or sexual violence submitted by an agency employee to an agency, as defined in chapter 119, under the requirements of this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) A written request for leave that is submitted by an agency employee under the requirements of this section and any agency time sheet that reflects such a request are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until 1 year after the leave has been taken. 741.315 Recognition of foreign protection orders. (1) As used in this section, the term “court of a foreign state” means a court of competent jurisdiction of a state of the United States, other than Florida; the District of Columbia; an Indian tribe; or a commonwealth, territory, or possession of the United States. (2) Pursuant to 18 U.S.C. s. 2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court issued under s. 741.30, s. 741.31, s. 784.046, s. 784.047, s. 784.0485, or s. 784.0487, and provided that the court had jurisdiction over the parties and the matter and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process. Ex parte foreign injunctions for protection are not eligible for enforcement under this section unless notice and opportunity to be heard have been provided within the time required by the foreign state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. (3) Notwithstanding s. 55.505 or any other provision to the contrary, neither residence in this state nor registration of foreign injunctions for protection shall be required for enforcement of this order by this state and failure to register the foreign order shall not be an impediment to its enforcement. The following registration procedure shall be available to protected persons who hold orders from a court of a foreign state. (a) A protected person shall present a certified copy of a foreign order of protection to any sheriff in this state and request that the same be registered in the injunction registry. However, nothing in this section shall operate to preclude the enforcement of any order of protection determined by the law enforcement officer to be valid even if the protected person does not have a certified copy of the foreign protection order. It is not necessary that the protected person register the foreign order in the protected person’s county of residence. Venue is proper throughout the state. The protected person must swear by affidavit, that to the best of the protected person’s knowledge and belief, the attached certified copy of the foreign order, docket number , issued in State Statutes 575 the state of on is currently in effect as written and has not been superseded by any other order and that the respondent has been given a copy of it. (b) The sheriff shall examine the certified copy of the foreign order and register the order in the injunction registry, noting that it is a foreign order of protection. If not apparent from the face of the certified copy of the foreign order, the sheriff shall use best efforts to ascertain whether the order was served on the respondent. The Florida Department of Law Enforcement shall develop a special notation for foreign orders of protection. The sheriff shall assign a case number and give the protected person a receipt showing registration of the foreign order in this state. There shall be no fee for registration of a foreign order. (c) The foreign order may also be registered by local law enforcement agencies upon receipt of the foreign order and any accompanying affidavits in the same manner described in paragraphs (a) and (b). (4) (a) Law enforcement officers shall enforce foreign orders of protection as if they were entered by a court of this state. Upon presentation of a foreign protection order by a protected person, a law enforcement officer shall assist in enforcement of all of its terms, pursuant to federal law, except matters related to child custody, visitation, and support. As to those provisions only, enforcement may be obtained upon domestication of the foreign order pursuant to ss. 55.501-55.509 unless the foreign order is a “pickup order” or “order of bodily attachment” requiring the immediate return of a child. (b) Before enforcing a foreign protection order, a law enforcement officer should confirm the identity of the parties present and review the order to determine that, on its face, it has not expired. Presentation of a certified or true copy of the protection order shall not be required as a condition of enforcement, provided that a conflicting certified copy is not presented by the respondent or the individual against whom enforcement is sought. (c) A law enforcement officer shall use reasonable efforts to verify service of process. (d) Service may be verified as follows: 1. By petitioner: Petitioner may state under oath that to the best of petitioner’s knowledge, respondent was served with the order of protection because petitioner was present at time of service; respondent told petitioner he or she was served; another named person told petitioner respondent was served; or respondent told petitioner he or she knows of the content of the order and date of the return hearing. 2. By respondent: Respondent states under oath that he or she was or was not served with the order. (e) Enforcement and arrest for violation of a foreign protection order shall be consistent with the enforcement of orders issued in this state. (f) A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section. (g) Law enforcement shall not require petitioner to sign a registration affidavit as a condition of enforcement. (h) A foreign order of protection shall remain in effect until the date of expiration on its face; or, if there is no expiration date on its face, a foreign order of protection shall remain in effect until expiration. If the order of protection states on its face that it is a permanent order, then there is no date of expiration. (5) Any person who acts under this section and intentionally provides a law enforcement officer with a copy of an order of protection known by that person to be false or invalid, or who denies having been served with an order of protection when that person has been served with such order, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) In the event 18 U.S.C. s. 2265 is held to be unconstitutional, this section shall be null and void. 744.301 Natural guardians. (1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural State Statutes 576 guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise. (2) Except as otherwise provided in this chapter, on behalf of any of their minor children, and without appointment, authority, or bond if the amounts received in the aggregate do not exceed $15,000, natural guardians may: (a) Settle and consummate a settlement of any claim or cause of action accruing to any of their minor children for damages to the person or property of any minor children; (b) Collect, receive, manage, and dispose of the proceeds of any settlement; (c) Collect, receive, manage, and dispose of any real or personal property distributed from an estate or trust; (d) Collect, receive, manage, and dispose of and make elections regarding the proceeds from a life insurance policy or annuity contract payable to, or otherwise accruing to the benefit of, the child; and (e) Collect, receive, manage, dispose of, and make elections regarding the proceeds of any benefit plan as defined in s. 710.102, of which the minor is a beneficiary, participant, or owner. (3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity. (a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to: 1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and 2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents. (b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release: NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF (name of released party or parties) USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM (name of released party or parties) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND (name of released party or parties) HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. (c) If a waiver or release complies with paragraph (b) and waives no more than allowed under this subsection, there is a rebuttable presumption that the waiver or release is valid and that any injury or damage to the minor child arose from the inherent risk involved in the activity. 1. To rebut the presumption that the waiver or release is valid, a claimant must demonstrate by a preponderance of the evidence that the waiver or release does not comply with this subsection. 2. To rebut the presumption that the injury or damage to the minor child arose from an inherent risk involved in the activity, a claimant must demonstrate by clear and convincing evidence that the conduct, State Statutes 577 condition, or other cause resulting in the injury or damage was not an inherent risk of the activity. 3. If a presumption under this paragraph is rebutted, liability and compensatory damages must be established by a preponderance of the evidence. (d) Nothing in this subsection limits the ability of natural guardians, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a noncommercial activity provider, or its owners, affiliates, employees, or agents, to the extent authorized by common law. (4) All instruments executed by a natural guardian for the benefit of the ward under the powers specified in this section are binding on the ward. The natural guardian may not, without a court order, use the property of the ward for the guardian’s benefit or to satisfy the guardian’s support obligation to the ward. 775.08 Classes and definitions of offenses. When used in the laws of this state: (1) The term "felony" shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. "State penitentiary" shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year. (2) The term "misdemeanor" shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term "misdemeanor" shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance. (3) The term "noncriminal violation" shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term "noncriminal violation" shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance. (4) The term "crime" shall mean a felony or misdemeanor. 775.081Classifications of felonies and misdemeanors. (1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories: (a) Capital felony; (b) Life felony; (c) Felony of the first degree; (d) Felony of the second degree; and (e) Felony of the third degree. A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense. (2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories: (a) Misdemeanor of the first degree; and (b) Misdemeanor of the second degree. A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree. (3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision. 775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison. (1) (a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such State Statutes 578 person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole. (b) 1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a). 2. A person who did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c). 3. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim. (2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States. (3) A person who has been convicted of any other designated felony may be punished as follows: (a) 1. For a life felony committed before October 1, 1983, by a term of imprisonment for life or for a term of at least 30 years. 2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years. 3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment. 4. a. Except as provided in sub-subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by: (I) A term of imprisonment for life; or (II) A split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life, as provided in s. 948.012(4). b. For a life felony committed on or after July 1, 2008, which is a person’s second or subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life. 5. Notwithstanding subparagraphs 1.-4., a person who is convicted under s. 782.04 of an offense that was reclassified as a life felony which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is State Statutes 579 entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b). b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c). c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim. 6. For a life felony committed on or after October 1, 2014, which is a violation of s. 787.06(3)(g), by a term of imprisonment for life. (b) 1. For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment. 2. Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree felony punishable by a term of years not exceeding life imprisonment, or an offense that was reclassified as a first degree felony punishable by a term of years not exceeding life, which was committed before the person attained 18 years of age may be punished by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that a term of years equal to life imprisonment is an appropriate sentence. a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b). b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c). c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim. (c) Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 but that is an offense that is a life felony or is punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, or an offense that was reclassified as a life felony or an offense punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d). (d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years. (e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years. (4) A person who has been convicted of a designated misdemeanor may be sentenced as follows: (a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year; (b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days. (5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county. (6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period State Statutes 580 within minimum and maximum limits as provided by law, except as provided in subsection (1). (7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence. (8) (a) The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions. (b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995. (c) The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998. (d) The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision. (e) Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal activity. (9) (a) 1. “Prison releasee reoffender” means any defendant who commits, or attempts to commit: a. Treason; b. Murder; c. Manslaughter; d. Sexual battery; e. Carjacking; f. Home-invasion robbery; g. Robbery; h. Arson; i. Kidnapping; j. Aggravated assault with a deadly weapon; k. Aggravated battery; l. Aggravated stalking; m. Aircraft piracy; n. Unlawful throwing, placing, or discharging of a destructive device or bomb; o. Any felony that involves the use or threat of physical force or violence against an individual; p. Armed burglary; q. Burglary of a dwelling or burglary of an occupied structure; or r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5); within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state. 2. “Prison releasee reoffender” also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state. 3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows: a. For a felony punishable by life, by a term of imprisonment for life; State Statutes 581 b. For a felony of the first degree, by a term of imprisonment of 30 years; c. For a felony of the second degree, by a term of imprisonment of 15 years; and d. For a felony of the third degree, by a term of imprisonment of 5 years. (b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a)nmust serve 100 percent of the court-imposed sentence. (c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law. (d) 1. It is the intent of the Legislature that offenders previously released from prison who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection. 2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney. (10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. (11) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. 775.0823 Violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges. The Legislature does hereby provide for an increase and certainty of penalty for any person convicted of a violent offense against any law enforcement or correctional officer, as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any justice or judge of a court described in Art. V of the State Constitution, which offense arises out of or in the scope of the officer’s duty as a law enforcement or correctional officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or investigator, or the justice’s or judge’s duty as a judicial officer, as follows: (1) For murder in the first degree as described in s. 782.04(1), if the death sentence is not imposed, a sentence of imprisonment for life without eligibility for release. (2) For attempted murder in the first degree as described in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (3) For attempted felony murder as described in s. 782.051, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (4) For murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (5) For attempted murder in the second degree as described in s. 782.04(2) and (3), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (6) For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (7) For attempted murder in the third degree as described in s. 782.04(4), a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (8) For manslaughter as described in s. 782.07 during the commission of a crime, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (9) For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. (10) For aggravated battery as described in s. 784.045, a sentence pursuant to s. State Statutes 582 775.082, s. 775.083, or s. 775.084. (11) For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. 775.083 Fines. (1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed: (a) $15,000, when the conviction is of a life felony. (b) $10,000, when the conviction is of a felony of the first or second degree. (c) $5,000, when the conviction is of a felony of the third degree. (d) $1,000, when the conviction is of a misdemeanor of the first degree. (e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation. (f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim. (g) Any higher amount specifically authorized by statute. Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term “convicted” or “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523. (3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. 775.084 Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms. (1) As used in this act: (a) “Habitual felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(a), if it finds that: 1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses. 2. The felony for which the defendant is to be sentenced was committed: a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for a felony or other qualified offense; or b. Within 5 years of the date of the conviction of the defendant’s last prior felony or other qualified offense, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later. 3. The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s. 893.13 relating to the purchase or the possession of a controlled substance. State Statutes 583 4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph. 5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (b) “Habitual violent felony offender” means a defendant for whom the court may impose an extended term of imprisonment, as provided in paragraph (4)(b), if it finds that: 1. The defendant has previously been convicted of a felony or an attempt or conspiracy to commit a felony and one or more of such convictions was for: a. Arson; b. Sexual battery; c. Robbery; d. Kidnapping; e. Aggravated child abuse; f. Aggravated abuse of an elderly person or disabled adult; g. Aggravated assault with a deadly weapon; h. Murder; i. Manslaughter; j. Aggravated manslaughter of an elderly person or disabled adult; k. Aggravated manslaughter of a child; l. Unlawful throwing, placing, or discharging of a destructive device or bomb; m. Armed burglary; n. Aggravated battery; or o. Aggravated stalking. 2. The felony for which the defendant is to be sentenced was committed: a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or b. Within 5 years of the date of the conviction of the last prior enumerated felony, or within 5 years of the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later. 3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph. 4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (c) “Three-time violent felony offender” means a defendant for whom the court must impose a mandatory minimum term of imprisonment, as provided in paragraph (4)(c), if it finds that: 1. The defendant has previously been convicted as an adult two or more times of a felony, or an attempt to commit a felony, and two or more of such convictions were for committing, or attempting to commit, any of the following offenses or combination thereof: a. Arson; b. Sexual battery; c. Robbery; d. Kidnapping; e. Aggravated child abuse; f. Aggravated abuse of an elderly person or disabled adult; g. Aggravated assault with a deadly weapon; h. Murder; i. Manslaughter; j. Aggravated manslaughter of an elderly person or disabled adult; k. Aggravated manslaughter of a child; l. Unlawful throwing, placing, or discharging of a destructive device or bomb; m. Armed burglary; n. Aggravated battery; o. Aggravated stalking; p. Home invasion/robbery; q. Carjacking; or r. An offense which is in violation of a law of any other jurisdiction if the elements of the offense are substantially similar to the elements of any felony offense enumerated in sub-subparagraphs a.-q., or an attempt to commit any such felony offense. 2. The felony for which the defendant is to be sentenced is one of the felonies enumerated in sub-subparagraphs 1.a.-q. and was committed: a. While the defendant was serving a prison sentence or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r.; or b. Within 5 years after the date of the conviction of the last prior offense enumerated in sub-subparagraphs 1.a.-r., State Statutes 584 or within 5 years after the defendant’s release from a prison sentence, probation, community control, or other sentence imposed as a result of a prior conviction for any offense enumerated in sub-subparagraphs 1.a.-r., whichever is later. 3. The defendant has not received a pardon on the ground of innocence for any crime that is necessary for the operation of this paragraph. 4. A conviction of a crime necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (d) “Violent career criminal” means a defendant for whom the court must impose imprisonment pursuant to paragraph (4)(d), if it finds that: 1. The defendant has previously been convicted as an adult three or more times for an offense in this state or other qualified offense that is: a. Any forcible felony, as described in s. 776.08; b. Aggravated stalking, as described in s. 784.048(3) and (4); c. Aggravated child abuse, as described in s. 827.03(2)(a); d. Aggravated abuse of an elderly person or disabled adult, as described in s. 825.102(2); e. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, as described in s. 800.04 or s. 847.0135(5); f. Escape, as described in s. 944.40; or g. A felony violation of chapter 790 involving the use or possession of a firearm. 2. The defendant has been incarcerated in a state prison or a federal prison. 3. The primary felony offense for which the defendant is to be sentenced is a felony enumerated in subparagraph 1. and was committed on or after October 1, 1995, and: a. While the defendant was serving a prison sentence or other sentence, or court-ordered or lawfully imposed supervision that is imposed as a result of a prior conviction for an enumerated felony; or b. Within 5 years after the conviction of the last prior enumerated felony, or within 5 years after the defendant’s release from a prison sentence, probation, community control, control release, conditional release, parole, or court-ordered or lawfully imposed supervision or other sentence that is imposed as a result of a prior conviction for an enumerated felony, whichever is later. 4. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph. 5. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (e) “Qualified offense” means any offense, substantially similar in elements and penalties to an offense in this state, which is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction, that was punishable under the law of such jurisdiction at the time of its commission by the defendant by death or imprisonment exceeding 1 year. (2) For the purposes of this section, the placing of a person on probation or community control without an adjudication of guilt shall be treated as a prior conviction. (3) (a) In a separate proceeding, the court shall determine if the defendant is a habitual felony offender or a habitual violent felony offender. The procedure shall be as follows: 1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender. 2. Written notice shall be served on the defendant and the defendant’s attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant. 3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel. 4. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings. 5. For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s. State Statutes 585 921.241. 6. For an offense committed on or after October 1, 1995, if the state attorney pursues a habitual felony offender sanction or a habitual violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a habitual felony offender or a habitual violent felony offender, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant as a habitual felony offender or a habitual violent felony offender, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a habitual felony offender or a habitual violent felony offender as provided in this subparagraph. (b) In a separate proceeding, the court shall determine if the defendant is a three-time violent felony offender. The procedure shall be as follows: 1. The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a three-time violent felony offender. 2. Written notice shall be served on the defendant and the defendant’s attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant. 3. Except as provided in subparagraph 1., all evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel. 4. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings. 5. For the purpose of identification of a three-time violent felony offender, the court shall fingerprint the defendant pursuant to s. 921.241. 6. For an offense committed on or after the effective date of this act, if the state attorney pursues a three-time violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a three-time violent felony offender, subject to imprisonment pursuant to this section as provided in paragraph (4)(c). (c) In a separate proceeding, the court shall determine whether the defendant is a violent career criminal with respect to a primary offense committed on or after October 1, 1995. The procedure shall be as follows: 1. Written notice shall be served on the defendant and the defendant’s attorney a sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to allow the preparation of a submission on behalf of the defendant. 2. All evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel. 3. Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable only as provided in paragraph (d). 4. For the purpose of identification, the court shall fingerprint the defendant pursuant to s. 921.241. 5. For an offense committed on or after October 1, 1995, if the state attorney pursues a violent career criminal sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection (1) for imposing such sanction, the court must sentence the defendant as a violent career criminal, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public. If the court finds that it is not necessary for the protection of the public to sentence the defendant State Statutes 586 as a violent career criminal, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a violent career criminal as provided in this subparagraph. (d) 1. A person sentenced under paragraph (4)(d) as a violent career criminal has the right of direct appeal, and either the state or the defendant may petition the trial court to vacate an illegal sentence at any time. However, the determination of the trial court to impose or not to impose a violent career criminal sentence is presumed appropriate and no petition or motion for collateral or other postconviction relief may be considered based on an allegation either by the state or the defendant that such sentence is inappropriate, inadequate, or excessive. 2. It is the intent of the Legislature that, with respect to both direct appeal and collateral review of violent career criminal sentences, all claims of error or illegality be raised at the first opportunity and that no claim should be filed more than 2 years after the judgment and sentence became final, unless it is established that the basis for the claim could not have been ascertained at the time by the exercise of due diligence. Technical violations and mistakes at trials and sentencing proceedings involving violent career criminals that do not affect due process or fundamental fairness are not appealable by either the state or the defendant. 3. It is the intent of the Legislature that no funds, resources, or employees of the state or its political subdivisions be used, directly or indirectly, in appellate or collateral proceedings based on violent career criminal sentencing, except when such use is constitutionally or statutorily mandated. (4) (a) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual felony offender as follows: 1. In the case of a life felony or a felony of the first degree, for life. 2. In the case of a felony of the second degree, for a term of years not exceeding 30. 3. In the case of a felony of the third degree, for a term of years not exceeding 10. (b) The court, in conformity with the procedure established in paragraph (3)(a), may sentence the habitual violent felony offender as follows: 1. In the case of a life felony or a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years. 2. In the case of a felony of the second degree, for a term of years not exceeding 30, and such offender shall not be eligible for release for 10 years. 3. In the case of a felony of the third degree, for a term of years not exceeding 10, and such offender shall not be eligible for release for 5 years. (c) 1. The court, in conformity with the procedure established in paragraph (3)(b), must sentence the three-time violent felony offender to a mandatory minimum term of imprisonment, as follows: a. In the case of a felony punishable by life, to a term of imprisonment for life; b. In the case of a felony of the first degree, to a term of imprisonment of 30 years; c. In the case of a felony of the second degree, to a term of imprisonment of 15 years; or d. In the case of a felony of the third degree, to a term of imprisonment of 5 years. 2. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law. (d) The court, in conformity with the procedure established in paragraph (3)(c), shall sentence the violent career criminal as follows: 1. In the case of a life felony or a felony of the first degree, for life. 2. In the case of a felony of the second degree, for a term of years not exceeding 40, with a mandatory minimum term of 30 years’ imprisonment. 3. In the case of a felony of the third degree, for a term of years not exceeding 15, with a mandatory minimum term of 10 years’ State Statutes 587 imprisonment. (e) If the court finds, pursuant to paragraph (3)(a) or paragraph (3)(c), that it is not necessary for the protection of the public to sentence a defendant who meets the criteria for sentencing as a habitual felony offender, a habitual violent felony offender, or a violent career criminal, with respect to an offense committed on or after October 1, 1995, sentence shall be imposed without regard to this section. (f) At any time when it appears to the court that the defendant is eligible for sentencing under this section, the court shall make that determination as provided in paragraph (3)(a), paragraph (3)(b), or paragraph (3)(c). (g) A sentence imposed under this section shall not be increased after such imposition. (h) A sentence imposed under this section is not subject to s. 921.002. (i) The provisions of this section do not apply to capital felonies, and a sentence authorized under this section does not preclude the imposition of the death penalty for a capital felony. (j) The provisions of s. 947.1405 shall apply to persons sentenced as habitual felony offenders and persons sentenced as habitual violent felony offenders. (k) 1. A defendant sentenced under this section as a habitual felony offender, a habitual violent felony offender, or a violent career criminal is eligible for gain-time granted by the Department of Corrections as provided in s. 944.275(4)(b). 2. For an offense committed on or after October 1, 1995, a defendant sentenced under this section as a violent career criminal is not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release granted pursuant to s. 947.149. 3. For an offense committed on or after July 1, 1999, a defendant sentenced under this section as a three-time violent felony offender shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. (5) In order to be counted as a prior felony for purposes of sentencing under this section, the felony must have resulted in a conviction sentenced separately prior to the current offense and sentenced separately from any other felony conviction that is to be counted as a prior felony. (6) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section, and to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference. 775.0845 Wearing mask while committing offense; reclassification. The felony or misdemeanor degree of any criminal offense, other than a violation of ss. 876.12-876.15, shall be reclassified to the next higher degree as provided in this section if, while committing the offense, the offender was wearing a hood, mask, or other device that concealed his or her identity. (1) (a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree. (b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart. (2) (a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree. (b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s. 921.0022, or s. 921.0023 of the offense committed. 775.0846 Possession of bulletproof vest while committing certain offenses. (1) As used in this section, the term "bulletproof vest" means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as "threat level I," which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second. (2) No person may possess a bulletproof vest while, acting alone or with one or more other persons, he or she commits or State Statutes 588 attempts to commit any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, criminal gang-related offense under chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such possession is in the course of and in furtherance of any such crime. (3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 775.0847 Possession or promotion of certain images of child pornography; reclassification. (1) For purposes of this section: (a) "Child" means any person, whose identity is known or unknown, less than 18 years of age. (b) "Child pornography" means any image depicting a minor engaged in sexual conduct. (c) "Sadomasochistic abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself. (d) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. (e) "Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. (f) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct." (2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if: (a) The offender possesses 10 or more images of any form of child pornography regardless of content; and (b) The content of at least one image contains one or more of the following: 1. A child who is younger than the age of 5. 2. Sadomasochistic abuse involving a child. 3. Sexual battery involving a child. 4. Sexual bestiality involving a child. 5. Any movie involving a child, regardless of length and regardless of whether the movie contains sound. (3) (a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree. (b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. 775.085 Evidencing prejudice while committing offense; reclassification. (1) (a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. (b) As used in paragraph (a), the term: 1. “Advanced age” means that the victim is older than 65 years of age. 2. “Homeless status” means that the victim: State Statutes 589 a. Lacks a fixed, regular, and adequate nighttime residence; or b. Has a primary nighttime residence that is: (I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section. 775.0861 Offenses against persons on the grounds of religious institutions; reclassification. (1) For purposes of this section, the term: (a) "Religious institution" is as defined in s. 496.404. (b) "Religious service" is a religious ceremony, prayer, or other activity according to a form and order prescribed for worship, including a service related to a particular occasion. (2) The felony or misdemeanor degree of any violation of: (a) Section 784.011, relating to assault; (b)Section 784.021, relating to aggravated assault; (c) Section 784.03, relating to battery; (d) Section 784.041, relating to felony battery; (e) A statute defining any offense listed in s. 775.084(1)(b)1.; or (f) Any other statute defining an offense that involves the use or threat of physical force or violence against any individual shall be reclassified as provided in this section if the offense is committed on the property of a religious institution while the victim is on the property for the purpose of participating in or attending a religious service. (3) (a) In the case of a misdemeanor of the second degree, the offense is reclassified to a misdemeanor of the first degree. (b) In the case of a misdemeanor of the first degree, the offense is reclassified to a felony of the third degree. For purposes of sentencing under chapter 921, such offense is ranked in level 2 of the offense severity ranking chart. (c) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree. (d) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree. (e) In the case of a felony of the first degree, the offense is reclassified to a life felony. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. 775.0862 Sexual offenses against students by authority figures; reclassification. (1) As used in this section, the term: (a) “Authority figure” means a person 18 years of age or older who is employed by, volunteering at, or under contract with a school. (b) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), early learning programs, a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37. The term does not include facilities dedicated exclusively to the education of adults. (c) “Student” means a person younger than 18 years of age who is enrolled at a school. (2) The felony degree of a violation of an offense listed in s. 943.0435(1)(h)1.a., unless the offense is a violation of s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified as provided in this section if the offense is committed by an authority figure of a school against a student of the school. (3) (a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree. (b) In the case of a felony of the second State Statutes 590 degree, the offense is reclassified to a felony of the first degree. (c) In the case of a felony of the first degree, the offense is reclassified to a life felony. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. 775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; reclassification. (1) (a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on a mental or physical disability of the victim: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. (b) As used in paragraph (a), the term “mental or physical disability” means a condition of mental or physical incapacitation due to a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict a person’s ability to perform the normal activities of daily living. (2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section. 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence. (1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: (a) In the case of a felony of the first degree, to a life felony. (b) In the case of a felony of the second degree, to a felony of the first degree. (c) In the case of a felony of the third degree, to a felony of the second degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed. (2) (a) 1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for: a. Murder; b. Sexual battery; c. Robbery; d. Burglary; e. Arson; f. Aggravated battery; g. Kidnapping; h. Escape; i. Aircraft piracy; j. Aggravated child abuse; k. Aggravated abuse of an elderly person or disabled adult; l. Unlawful throwing, placing, or discharging of a destructive device or bomb; m. Carjacking; n. Home-invasion robbery; o. Aggravated stalking; p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in State Statutes 591 phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or q. Possession of a firearm by a felon and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years. 2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-p., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years. 3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1.a.-p., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison. (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law. Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence. (c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section. (d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense. (3) (a) 1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for: a. Murder; b. Sexual battery; c. Robbery; d. Burglary; State Statutes 592 e. Arson; f. Aggravated battery; g. Kidnapping; h. Escape; i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance; j. Aircraft piracy; k. Aggravated child abuse; l. Aggravated abuse of an elderly person or disabled adult; m. Unlawful throwing, placing, or discharging of a destructive device or bomb; n. Carjacking; o. Home-invasion robbery; p. Aggravated stalking; or q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years. 2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years. 3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison. (b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law. Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence. (c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section. (d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense. (e) As used in this subsection, the term: 1. “High-capacity detachable box State Statutes 593 magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges. 2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle. (4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt. (5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties. 775.0875 Unlawful taking, possession, or use of law enforcement officer’s firearm; crime reclassification; penalties. (1) A person who, without authorization, takes a firearm from a law enforcement officer lawfully engaged in law enforcement duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If a person violates subsection (1) and commits any other crime involving the firearm taken from the law enforcement officer, such crime shall be reclassified as follows: (a) 1. In the case of a felony of the first degree, to a life felony. 2. In the case of a felony of the second degree, to a felony of the first degree. 3. In the case of a felony of the third degree, to a felony of the second degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed. (b) In the case of a misdemeanor, to a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 2 of the offense severity ranking chart. (3) A person who possesses a firearm that he or she knows was unlawfully taken from a law enforcement officer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 775.0877 Criminal transmission of HIV; procedures; penalties. (1) In any case in which a person has been convicted of or has pled nolo contendere or guilty to, regardless of whether adjudication is withheld, any of the following offenses, or the attempt thereof, which offense or attempted offense involves the transmission of body fluids from one person to another: (a) Section 794.011, relating to sexual battery; (b) Section 826.04, relating to incest; (c) Section 800.04, relating to lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age; (d) Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault; (e) Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault; (f) Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery; (g) Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery; (h) Section 827.03(2)(c), relating to child abuse; (i) Section 827.03(2)(a), relating to aggravated child abuse; (j) Section 825.102(1), relating to abuse of an elderly person or disabled adult; (k) Section 825.102(2), relating to aggravated abuse of an elderly person or disabled adult; (l) Section 827.071, relating to sexual performance by person less than 18 years of age; (m)Sections 796.07 and 796.08, relating to prostitution; (n) Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other human tissue; or (o) Sections 787.06(3)(b), (d), (f), and (g), relating to human trafficking, the court shall order the offender to undergo HIV testing, to be performed under the direction of the Department of Health in accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or pursuant to State Statutes 594 procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for HIV testing of criminal offenders or inmates, subsequent to her or his arrest for an offense enumerated in paragraphs (a)-(n) for which she or he was convicted or to which she or he pled nolo contendere or guilty. The results of an HIV test performed on an offender pursuant to this subsection are not admissible in any criminal proceeding arising out of the alleged offense. (2) The results of the HIV test must be disclosed under the direction of the Department of Health, to the offender who has been convicted of or pled nolo contendere or guilty to an offense specified in subsection (1), the public health agency of the county in which the conviction occurred and, if different, the county of residence of the offender, and, upon request pursuant to s. 960.003, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor. (3) An offender who has undergone HIV testing pursuant to subsection (1), and to whom positive test results have been disclosed pursuant to subsection (2), who commits a second or subsequent offense enumerated in paragraphs (1)(a)-(n), commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)-(n). (4) An offender may challenge the positive results of an HIV test performed pursuant to this section and may introduce results of a backup test performed at her or his own expense. (5) Nothing in this section requires that an HIV infection have occurred in order for an offender to have committed criminal transmission of HIV. (6) For an alleged violation of any offense enumerated in paragraphs (1)(a)-(n) for which the consent of the victim may be raised as a defense in a criminal prosecution, it is an affirmative defense to a charge of violating this section that the person exposed knew that the offender was infected with HIV, knew that the action being taken could result in transmission of the HIV infection, and consented to the action voluntarily with that knowledge. 775.13 Registration of convicted felons, exemptions; penalties. (1) As used in this section, the term “convicted” means, with respect to a person’s felony offense, a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) Any person who has been convicted of a felony in any court of this state shall, within 48 hours after entering any county in this state, register with the sheriff of said county, be fingerprinted and photographed, and list the crime for which convicted, place of conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the felony conviction is for an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the registrant shall identify himself or herself as such an offender. The Department of Law Enforcement, in consultation with appropriate local law enforcement agencies, may develop standardized practices for the inclusion of gang affiliation at the time of offender registration. (3) Any person who has been convicted of a crime in any federal court or in any court of a state other than Florida, or of any foreign state or country, which crime if committed in Florida would be a felony, shall forthwith within 48 hours after entering any county in this state register with the sheriff of said county in the same manner as provided for in subsection (2). (4) This section does not apply to an offender: (a) Who has had his or her civil rights restored; (b) Who has received a full pardon for the offense for which convicted; (c) Who has been lawfully released from incarceration or other sentence or supervision for a felony conviction for more than 5 years prior to such time for registration, unless the offender is a fugitive from justice on a felony charge or has been convicted of any offense since release from such incarceration or other sentence or supervision; (d) Who is a parolee or probationer under the supervision of the United States Parole Commission if the commission knows of and consents to the presence of the offender in Florida or is a probationer under the supervision of any federal probation officer in the state or who has been lawfully State Statutes 595 discharged from such parole or probation; (e) Who is a sexual predator and has registered as required under s. 775.21; (f) Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607; or (g) Who is a career offender who has registered as required in s. 775.261 or s. 944.609. (5) The failure of any such convicted felon to comply with this section: (a) With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) With regard to any felon who has been found, pursuant to s. 874.04, to have committed any offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Nothing in this section shall be construed to affect any law of this state relating to registration of criminals where the penalties for registration, notification, or reporting obligations are in addition to, or in excess of, those imposed by this section. 775.15 Time limitations; general time limitations; exceptions. (1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time. (2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation: (a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed. (b) A prosecution for any other felony must be commenced within 3 years after it is committed. (c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed. (d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed. (3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant’s complicity therein is terminated. Time starts to run on the day after the offense is committed. (4) (a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document. (b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant’s absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay. (c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside. (5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state. (6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time. (7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a “destructive device,” State Statutes 596 as defined in s. 790.001, may be commenced within 10 years. (8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed. (9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation. (10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed. (11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed. (12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for: (a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years. (b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater. (13) (a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, s. 826.04, or s. 847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984. (b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003. (c) If the offense is a violation of s. 794.011 and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2010. (14) (a) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time. (b) Except as provided in paragraph (a) or paragraph (13)(b), a prosecution for a first or second degree felony violation of s. 794.011, if the victim is 16 years of age or older at the time of the offense, must be commenced within 8 years after the violation is committed. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before July 1, 2015. (15) (a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused: 1. An offense of sexual battery under chapter 794. 2. A lewd or lascivious offense under s. 800.04 or s. 825.1025. (b) This subsection applies to any offense State Statutes 597 that is not otherwise barred from prosecution between July 1, 2004, and June 30, 2006. (16) (a) In addition to the time periods prescribed in this section, a prosecution for any of the following offenses may be commenced at any time after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused: 1. Aggravated battery or any felony battery offense under chapter 784. 2. Kidnapping under s. 787.01 or false imprisonment under s. 787.02. 3. An offense of sexual battery under chapter 794. 4. A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5). 5. A burglary offense under s. 810.02. 6. A robbery offense under s. 812.13, s. 812.131, or s. 812.135. 7. Carjacking under s. 812.133. 8. Aggravated child abuse under s. 827.03. (b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2006. (17) In addition to the time periods prescribed in this section, a prosecution for video voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on which the victim of video voyeurism obtains actual knowledge of the existence of such a recording or the date on which the recording is confiscated by a law enforcement agency, whichever occurs first. Any dissemination of such a recording before the victim obtains actual knowledge thereof or before its confiscation by a law enforcement agency does not affect any provision of this subsection. (18) If the offense is a violation of s. 800.04(4) or (5) and the victim was under 16 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time, unless, at the time of the offense, the offender is less than 18 years of age and is no more than 4 years older than the victim. This subsection applies to an offense that is not otherwise barred from prosecution on or before October 1, 2014. (19) A prosecution for a violation of s. 787.06 may be commenced at any time. This subsection applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2014. 775.16 Drug offenses; additional penalties. In addition to any other penalty provided by law, a person who has been convicted of sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, if such offense is a felony, or who has been convicted of an offense under the laws of any state or country which, if committed in this state, would constitute the felony of selling or trafficking in, or conspiracy to sell or traffic in, a controlled substance under chapter 893, is: (1) Disqualified from applying for employment by any agency of the state, unless: (a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Florida Commission on Offender Review, or by law; or (b) The person has complied with the conditions of subparagraphs 1. and 2. which shall be monitored by the Department of Corrections while the person is under any supervisory sanctions. The person under supervision may: 1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved by the Department of Children and Families, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by: a. The court, in the case of court-ordered supervisory sanctions; b. The Florida Commission on Offender Review, in the case of parole, control release, or conditional release; or c. The Department of Corrections, in the case of imprisonment or any other supervision required by law. 2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections. (2) Disqualified from applying for a license, permit, or certificate required by any agency of the state to practice, pursue, or engage in any occupation, trade, vocation, profession, State Statutes 598 or business, unless: (a) The person has completed all sentences of imprisonment or supervisory sanctions imposed by the court, by the Florida Commission on Offender Review, or by law; (b) The person has complied with the conditions of subparagraphs 1. and 2. which shall be monitored by the Department of Corrections while the person is under any supervisory sanction. If the person fails to comply with provisions of these subparagraphs by either failing to maintain treatment or by testing positive for drug use, the department shall notify the licensing, permitting, or certifying agency, which may refuse to reissue or reinstate such license, permit, or certification. The licensee, permittee, or certificateholder under supervision may: 1. Seek evaluation and enrollment in, and once enrolled maintain enrollment in until completion, a drug treatment and rehabilitation program which is approved or regulated by the Department of Children and Families, unless it is deemed by the program that the person does not have a substance abuse problem. The treatment and rehabilitation program may be specified by: a. The court, in the case of court-ordered supervisory sanctions; b. The Florida Commission on Offender Review, in the case of parole, control release, or conditional release; or c. The Department of Corrections, in the case of imprisonment or any other supervision required by law. 2. Submit to periodic urine drug testing pursuant to procedures prescribed by the Department of Corrections. If the person is indigent, the costs shall be paid by the Department of Corrections; or (c) The person has successfully completed an appropriate program under the Correctional Education Program. The provisions of this section do not apply to any of the taxes, fees, or permits regulated, controlled, or administered by the Department of Revenue in accordance with the provisions of s. 213.05. 775.21 The Florida Sexual Predators Act. (1) SHORT TITLE. This section may be cited as “The Florida Sexual Predators Act.” (2) DEFINITIONS. As used in this section, the term: (a) “Change in status at an institution of higher education” means the commencement or termination of enrollment, including, but not limited to, traditional classroom setting or online courses, or employment, whether for compensation or as a volunteer, at an institution of higher education or a change in location of enrollment or employment, whether for compensation or as a volunteer, at an institution of higher education. (b) “Chief of police” means the chief law enforcement officer of a municipality. (c) “Child care facility” has the same meaning as provided in s. 402.302. (d) “Community” means any county where the sexual predator lives or otherwise establishes or maintains a permanent, temporary, or transient residence. (e) “Conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (f) “Department” means the Department of Law Enforcement. (g) “Electronic mail address” has the same meaning as provided in s. 668.602. (h) “Entering the county” includes being discharged from a correctional facility or jail or secure treatment facility within the county or being under supervision within the county for the commission of a violation enumerated in subsection (4). (i) “Institution of higher education” means a career center, a community college, a college, a state university, or an independent postsecondary institution. (j) “Internet identifier” means any designation, moniker, screen name, username, or other name used for self-identification to send or receive social Internet communication. Internet identifier does not include a date of birth, social security number, personal identification number (PIN), or password. A sexual State Statutes 599 offender’s or sexual predator’s use of an Internet identifier that discloses his or her date of birth, social security number, personal identification number (PIN), password, or other information that would reveal the identity of the sexual offender or sexual predator waives the disclosure exemption in this paragraph for such personal information. (k) “Permanent residence” means a place where the person abides, lodges, or resides for 5 or more consecutive days. (l) “Professional license” means the document of authorization or certification issued by an agency of this state for a regulatory purpose, or by any similar agency in another jurisdiction for a regulatory purpose, to a person to engage in an occupation or to carry out a trade or business. (m)“Social Internet communication” means any communication through a commercial social networking website as defined in s. 943.0437, or application software. The term does not include any of the following: 1. Communication for which the primary purpose is the facilitation of commercial transactions involving goods or services; 2. Communication on an Internet website for which the primary purpose of the website is the dissemination of news; or 3. Communication with a governmental entity. For purposes of this paragraph, the term “application software” means any computer program designed to run on a mobile device such as a smartphone or tablet computer, that allows users to create web pages or profiles that provide information about themselves and are available publicly or to other users, and that offers a mechanism for communication with other users through a forum, a chatroom, electronic mail, or an instant messenger. (n) “Temporary residence” means a place where the person abides, lodges, or resides, including, but not limited to, vacation, business, or personal travel destinations in or out of this state, for a period of 5 or more days in the aggregate during any calendar year and which is not the person’s permanent address or, for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation, or is enrolled as a student for any period of time in this state. (o) “Transient residence” means a county where a person lives, remains, or is located for a period of 5 or more days in the aggregate during a calendar year and which is not the person’s permanent or temporary address. The term includes, but is not limited to, a place where the person sleeps or seeks shelter and a location that has no specific street address. (p) “Vehicles owned” means any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle for which a sexual predator or sexual offender is insured as a driver. The term also includes any motor vehicle as defined in s. 320.01, which is registered, coregistered, leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual offender’s permanent residence for 5 or more consecutive days. (3)LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT. (a) Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) The high level of threat that a sexual predator presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the state with sufficient justification to implement a strategy that includes: 1. Incarcerating sexual predators and maintaining adequate facilities to ensure that decisions to release sexual predators into the community are not made on the basis of inadequate space. 2. Providing for specialized supervision of sexual predators who are in the community by specially trained probation officers with low caseloads, as described in ss. 947.1405(7) and 948.30. The sexual predator is subject to specified terms and conditions implemented at sentencing or at the time of release from incarceration, with a requirement that those who are financially able must pay all or part of the costs of supervision. 3. Requiring the registration of sexual State Statutes 600 predators, with a requirement that complete and accurate information be maintained and accessible for use by law enforcement authorities, communities, and the public. 4. Providing for community and public notification concerning the presence of sexual predators. 5. Prohibiting sexual predators from working with children, either for compensation or as a volunteer. (c) The state has a compelling interest in protecting the public from sexual predators and in protecting children from predatory sexual activity, and there is sufficient justification for requiring sexual predators to register and for requiring community and public notification of the presence of sexual predators. (d) It is the purpose of the Legislature that, upon the court’s written finding that an offender is a sexual predator, in order to protect the public, it is necessary that the sexual predator be registered with the department and that members of the community and the public be notified of the sexual predator’s presence. The designation of a person as a sexual predator is neither a sentence nor a punishment but simply a status resulting from the conviction of certain crimes. (e) It is the intent of the Legislature to address the problem of sexual predators by: 1. Requiring sexual predators supervised in the community to have special conditions of supervision and to be supervised by probation officers with low caseloads; 2. Requiring sexual predators to register with the Florida Department of Law Enforcement, as provided in this section; and 3. Requiring community and public notification of the presence of a sexual predator, as provided in this section. (4) SEXUAL PREDATOR CRITERIA. (a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a “sexual predator” under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if: 1. The felony is: a. A capital, life, or first degree felony violation, or any attempt thereof, of s. 787.01 or s. 787.02, where the victim is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a violation of a similar law of another jurisdiction; or b. Any felony violation, or any attempt thereof, of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court makes a written finding that the racketeering activity involved at least one sexual offense listed in this sub-subparagraph or at least one offense listed in this sub-subparagraph with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction; 2. The offender has not received a pardon for any felony or similar law of another jurisdiction that is necessary for the operation of this paragraph; and 3. A conviction of a felony or similar law of another jurisdiction necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (b) In order to be counted as a prior felony for purposes of this subsection, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense and sentenced or adjudicated separately from any other felony conviction that is to be counted as a prior State Statutes 601 felony regardless of the date of offense of the prior felony. (c) If an offender has been registered as a sexual predator by the Department of Corrections, the department, or any other law enforcement agency and if: 1. The court did not, for whatever reason, make a written finding at the time of sentencing that the offender was a sexual predator; or 2. The offender was administratively registered as a sexual predator because the Department of Corrections, the department, or any other law enforcement agency obtained information that indicated that the offender met the criteria for designation as a sexual predator based on a violation of a similar law in another jurisdiction, the department shall remove that offender from the department’s list of sexual predators and, for an offender described under subparagraph 1., shall notify the state attorney who prosecuted the offense that met the criteria for administrative designation as a sexual predator, and, for an offender described under this paragraph, shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence. The state attorney shall bring the matter to the court’s attention in order to establish that the offender meets the criteria for designation as a sexual predator. If the court makes a written finding that the offender is a sexual predator, the offender must be designated as a sexual predator, must register or be registered as a sexual predator with the department as provided in subsection (6), and is subject to the community and public notification as provided in subsection (7). If the court does not make a written finding that the offender is a sexual predator, the offender may not be designated as a sexual predator with respect to that offense and is not required to register or be registered as a sexual predator with the department. (d) An offender who has been determined to be a sexually violent predator pursuant to a civil commitment proceeding under chapter 394 shall be designated as a “sexual predator” under subsection (5) a n d subject to registration under subsection (6) and community and public notification under subsection (7). (5) SEXUAL PREDATOR DESIGNATION. An offender is designated as a sexual predator as follows: (a) 1. An offender who meets the sexual predator criteria described in paragraph (4)(d) is a sexual predator, and the court shall make a written finding at the time such offender is determined to be a sexually violent predator under chapter 394 that such person meets the criteria for designation as a sexual predator for purposes of this section. The clerk shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order; 2. An offender who meets the sexual predator criteria described in paragraph (4)(a) who is before the court for sentencing for a current offense committed on or after October 1, 1993, is a sexual predator, and the sentencing court must make a written finding at the time of sentencing that the offender is a sexual predator, and the clerk of the court shall transmit a copy of the order containing the written finding to the department within 48 hours after the entry of the order; or 3. If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender who establishes or maintains a permanent, temporary, or transient residence in this state meets the sexual predator criteria described in paragraph (4)(a) or paragraph (4)(d) because the offender was civilly committed or committed a similar violation in another jurisdiction on or after October 1, 1993, the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney of the county where the offender establishes or maintains a permanent, temporary, or transient residence of the offender’s presence in the community. The state attorney shall file a petition with the criminal division of the circuit court for the purpose of holding a hearing to determine if the offender’s criminal record or record of civil commitment from another jurisdiction meets the sexual predator criteria. If the court finds that the offender meets the sexual predator criteria because the offender has violated a similar law or similar laws in State Statutes 602 another jurisdiction, the court shall make a written finding that the offender is a sexual predator. When the court makes a written finding that an offender is a sexual predator, the court shall inform the sexual predator of the registration and community and public notification requirements described in this section. Within 48 hours after the court designating an offender as a sexual predator, the clerk of the circuit court shall transmit a copy of the court’s written sexual predator finding to the department. If the offender is sentenced to a term of imprisonment or supervision, a copy of the court’s written sexual predator finding must be submitted to the Department of Corrections. (b) If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the sexual predator’s fingerprints are taken and forwarded to the department within 48 hours after the court renders its written sexual predator finding. The fingerprints shall be clearly marked, “Sexual Predator Registration.” The clerk of the court that convicts and sentences the sexual predator for the offense or offenses described in subsection (4)shall forward to the department and to the Department of Corrections a certified copy of any order entered by the court imposing any special condition or restriction on the sexual predator that restricts or prohibits access to the victim, if the victim is a minor, or to other minors. (c) If the Department of Corrections, the department, or any other law enforcement agency obtains information which indicates that an offender meets the sexual predator criteria but the court did not make a written finding that the offender is a sexual predator as required in paragraph (a), the Department of Corrections, the department, or the law enforcement agency shall notify the state attorney who prosecuted the offense for offenders described in subparagraph (a)1., or the state attorney of the county where the offender establishes or maintains a residence upon first entering the state for offenders described in subparagraph (a)3. The state attorney shall bring the matter to the court’s attention in order to establish that the offender meets the sexual predator criteria. If the state attorney fails to establish that an offender meets the sexual predator criteria and the court does not make a written finding that an offender is a sexual predator, the offender is not required to register with the department as a sexual predator. The Department of Corrections, the department, or any other law enforcement agency shall not administratively designate an offender as a sexual predator without a written finding from the court that the offender is a sexual predator. (d) A person who establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person was a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender, shall register in the manner provided in s. 943.0435 or s. 944.607 and shall be subject to community and public notification as provided in s. 943.0435 or s. 944.607. A person who meets the criteria of this section is subject to the requirements and penalty provisions of s. 943.0435 or s. 944.607 until the person provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (6) REGISTRATION. (a) A sexual predator shall register with the department through the sheriff’s office by providing the following information to the department: 1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; photograph; address of legal residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state; State Statutes 603 address, location or description, and dates of any current or known future temporary residence within the state or out of state; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; date and place of each conviction; fingerprints; palm prints; and a brief description of the crime or crimes committed by the offender. A post office box may not be provided in lieu of a physical residential address. The sexual predator shall produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual predator shall also provide information about any professional licenses he or she has. a. Any change that occurs after the sexual predator registers in person at the sheriff’s office as provided in this subparagraph in any of the following information related to the sexual predator must be reported as provided in paragraphs (g), (i), and (j): permanent, temporary, or transient residence; name; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home and cellular telephone numbers; employment information; and status at an institution of higher education. b. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the department written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. c. If the sexual predator is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator’s enrollment, volunteer, or employment status. The sheriff, the Department of Corrections, or the Department of Juvenile Justice shall promptly notify each institution of higher education of the sexual predator’s presence and any change in the sexual predator’s enrollment, volunteer, or employment status. d. A sexual predator shall report in person to the sheriff’s office within 48 hours after any change in vehicles owned to report those vehicle information changes. 2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available. (b) If the sexual predator is in the custody or control of, or under the supervision of, the Department of Corrections, or is in the custody of a private correctional facility, the sexual predator shall register with the Department of Corrections. A sexual predator who is under the supervision of the Department of Corrections but who is not incarcerated shall register with the Department of Corrections within 3 business days after the court finds the offender to be a sexual predator. The Department of Corrections shall provide to the department registration information and the location of, and local telephone number for, any Department of Corrections office that is responsible for supervising the sexual predator. In addition, the Department of Corrections shall notify the department if the sexual predator escapes or absconds from custody or supervision or if the sexual predator dies. (c) If the sexual predator is in the custody of a local jail, the custodian of the local jail shall register the sexual predator within 3 business days after intake of the sexual predator for any reason and upon release, State Statutes 604 and shall forward the registration information to the department. The custodian of the local jail shall also take a digitized photograph of the sexual predator while the sexual predator remains in custody and shall provide the digitized photograph to the department. The custodian shall notify the department if the sexual predator escapes from custody or dies. (d) If the sexual predator is under federal supervision, the federal agency responsible for supervising the sexual predator may forward to the department any information regarding the sexual predator which is consistent with the information provided by the Department of Corrections under this section, and may indicate whether use of the information is restricted to law enforcement purposes only or may be used by the department for purposes of public notification. (e) 1. If the sexual predator is not in the custody or control of, or under the supervision of, the Department of Corrections or is not in the custody of a private correctional facility, the sexual predator shall register in person: a. At the sheriff’s office in the county where he or she establishes or maintains a residence within 48 hours after establishing or maintaining a residence in this state; and b. At the sheriff’s office in the county where he or she was designated a sexual predator by the court within 48 hours after such finding is made. 2. Any change that occurs after the sexual predator registers in person at the sheriff’s office as provided in subparagraph 1. in any of the following information related to the sexual predator must be reported as provided in paragraphs (g), (i), and (j): permanent, temporary, or transient residence; name; vehicles owned; electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home and cellular telephone numbers; employment information; and change in status at an institution of higher education. When a sexual predator registers with the sheriff’s office, the sheriff shall take a photograph, a set of fingerprints, and palm prints of the predator and forward the photographs, palm prints, and fingerprints to the department, along with the information that the predator is required to provide pursuant to this section. (f) Within 48 hours after the registration required under paragraph (a) or paragraph (e), a sexual predator who is not incarcerated and who resides in the community, including a sexual predator under the supervision of the Department of Corrections, shall register in person at a driver license office of the Department of Highway Safety and Motor Vehicles and shall present proof of registration unless a driver license or an identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver license office the sexual predator shall: 1. If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The sexual predator shall identify himself or herself as a sexual predator who is required to comply with this section, provide his or her place of permanent, temporary, or transient residence, including a rural route address and a post office box, and submit to the taking of a photograph for use in issuing a driver license, a renewed license, or an identification card, and for use by the department in maintaining current records of sexual predators. A post office box may not be provided in lieu of a physical residential address. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. Pay the costs assessed by the State Statutes 605 Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or an identification card as required by this section. The driver license or identification card issued to the sexual predator must comply with s. 322.141(3). 3. Provide, upon request, any additional information necessary to confirm the identity of the sexual predator, including a set of fingerprints. (g) 1. Each time a sexual predator’s driver license or identification card is subject to renewal, and, without regard to the status of the predator’s driver license or identification card, within 48 hours after any change of the predator’s residence or change in the predator’s name by reason of marriage or other legal process, the predator shall report in person to a driver license office and is subject to the requirements specified in paragraph (f). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by sexual predators. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the Department of Law Enforcement for purposes of public notification of sexual predators as provided in this section. A sexual predator who is unable to secure or update a driver license or an identification card with the Department of Highway Safety and Motor Vehicles as provided in paragraph (f) and this paragraph shall also report any change of the predator’s residence or change in the predator’s name by reason of marriage or other legal process within 48 hours after the change to the sheriff’s office in the county where the predator resides or is located and provide confirmation that he or she reported such information to the Department of Highway Safety and Motor Vehicles. The reporting requirements under this subparagraph do not negate the requirement for a sexual predator to obtain a Florida driver license or identification card as required by this section. 2. a. A sexual predator who vacates a permanent, temporary, or transient residence and fails to establish or maintain another permanent, temporary, or transient residence shall, within 48 hours after vacating the permanent, temporary, or transient residence, report in person to the sheriff’s office of the county in which he or she is located. The sexual predator shall specify the date upon which he or she intends to or did vacate such residence. The sexual predator shall provide or update all of the registration information required under paragraph (a). The sexual predator shall provide an address for the residence or other place that he or she is or will be located during the time in which he or she fails to establish or maintain a permanent or temporary residence. b. A sexual predator shall report in person at the sheriff’s office in the county in which he or she is located within 48 hours after establishing a transient residence and thereafter must report in person every 30 days to the sheriff’s office in the county in which he or she is located while maintaining a transient residence. The sexual predator must provide the addresses and locations where he or she maintains a transient residence. Each sheriff’s office shall establish procedures for reporting transient residence information and provide notice to transient registrants to report transient residence information as required in this sub-subparagraph. Reporting to the sheriff’s office as required by this sub-subparagraph does not exempt registrants from any reregistration requirement. The sheriff may coordinate and enter into agreements with police departments and other governmental entities to facilitate additional reporting sites for transient residence registration required in this sub-subparagraph. The sheriff’s office shall, within 2 business days, electronically submit and update all information provided by the sexual predator to the department. 3. A sexual predator who remains at a permanent, temporary, or transient residence after reporting his or her intent to vacate such residence shall, within 48 hours after the date upon which the predator indicated he or she would or did vacate such residence, report in person to the sheriff’s office to which he or she State Statutes 606 reported pursuant to subparagraph 2. for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under subparagraph 2. but fails to make a report as required under this subparagraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 4. The failure of a sexual predator who maintains a transient residence to report in person to the sheriff’s office every 30 days as required by sub-subparagraph 2.b. is punishable as provided in subsection (10). 5. a. A sexual predator shall register all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, with the department through the department’s online system or in person at the sheriff’s office within 48 hours after using such electronic mail addresses and Internet identifiers. If the sexual predator is in the custody or control, or under the supervision, of the Department of Corrections, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Corrections before using such electronic mail addresses or Internet identifiers. If the sexual predator is in the custody or control, or under the supervision, of the Department of Juvenile Justice, he or she must report all electronic mail addresses and Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name, to the Department of Juvenile Justice before using such electronic mail addresses or Internet identifiers. b. A sexual predator shall register all changes to home telephone numbers and cellular telephone numbers, including added and deleted numbers, all changes to employment information, and all changes in status related to enrollment, volunteering, or employment at institutions of higher education, through the department’s online system; in person at the sheriff’s office; in person at the Department of Corrections if the sexual predator is in the custody or control, or under the supervision, of the Department of Corrections; or in person at the Department of Juvenile Justice if the sexual predator is in the custody or control, or under the supervision, of the Department of Juvenile Justice. All changes required to be reported in this sub-subparagraph shall be reported within 48 hours after the change. c. The department shall establish an online system through which sexual predators may securely access, submit, and update all electronic mail addresses; Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; home telephone numbers and cellular telephone numbers; employment information; and institution of higher education information. (h) The department shall notify the sheriff and the state attorney of the county and, if applicable, the police chief of the municipality, where the sexual predator maintains a residence. (i) A sexual predator who intends to establish a permanent, temporary, or transient residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 48 hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction or at least 21 days before the date he or she intends to travel if the intended residence of 5 days or more is outside of the United States. Any travel that is not known by the sexual predator 21 days before the departure date must be reported to the sheriff’s office as soon as possible before departure. The sexual predator shall provide to the sheriff the address, municipality, county, state, and country of intended residence. For international travel, the sexual predator shall also provide travel information, including, but not limited to, expected departure and return dates, flight number, airport of departure, cruise port of departure, or any other means of intended travel. The sheriff shall promptly provide to the department the information received from the sexual predator. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state, jurisdiction, or country of residence of the sexual predator’s intended residence. The failure of a sexual predator State Statutes 607 to provide his or her intended place of residence is punishable as provided in subsection (10). (j) A sexual predator who indicates his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country and later decides to remain in this state shall, within 48 hours after the date upon which the sexual predator indicated he or she would leave this state, report in person to the sheriff to which the sexual predator reported the intended change of residence, and report his or her intent to remain in this state. If the sheriff is notified by the sexual predator that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A sexual predator who reports his or her intent to establish a permanent, temporary, or transient residence in another state, a jurisdiction other than the State of Florida, or another country, but who remains in this state without reporting to the sheriff in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (k) 1. The department is responsible for the online maintenance of current information regarding each registered sexual predator. The department shall maintain hotline access for state, local, and federal law enforcement agencies to obtain instantaneous locator file and offender characteristics information on all released registered sexual predators for purposes of monitoring, tracking, and prosecution. The photograph, palm prints, and fingerprints do not have to be stored in a computerized format. 2. The department’s sexual predator registration list, containing the information described in subparagraph (a)1., is a public record, unless otherwise made exempt or confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I of the State Constitution. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a registered sexual predator to the public, department personnel shall advise the person making the inquiry that positive identification of a person believed to be a sexual predator cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a registered sexual predator to facilitate the commission of a crime. 3. The department shall adopt guidelines as necessary regarding the registration of sexual predators and the dissemination of information regarding sexual predators as required by this section. (l) A sexual predator shall maintain registration with the department for the duration of his or her life, unless the sexual predator has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator designation. (7)COMMUNITY AND PUBLIC NOTIFICATION. (a) Law enforcement agencies must inform members of the community and the public of a sexual predator’s presence. Upon notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator establishes or maintains a permanent or temporary residence shall notify members of the community and the public of the presence of the sexual predator in a manner deemed appropriate by the sheriff or the chief of police. Within 48 hours after receiving notification of the presence of a sexual predator, the sheriff of the county or the chief of police of the municipality where the sexual predator temporarily or permanently resides shall notify each licensed child care facility, elementary school, middle school, and high school within a 1-mile radius of the temporary or permanent residence of the sexual predator of the presence of the sexual predator. Information provided to members of the community and the public regarding a sexual predator must include: 1. The name of the sexual predator; 2. A description of the sexual predator, including a photograph; 3. The sexual predator’s current permanent, temporary, and transient addresses, and descriptions of registered locations that have no specific street address, including the name of the county or municipality if known; 4. The circumstances of the sexual predator’s offense or offenses; and 5. Whether the victim of the sexual State Statutes 608 predator’s offense or offenses was, at the time of the offense, a minor or an adult. This paragraph does not authorize the release of the name of any victim of the sexual predator. (b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the department. (c) The department shall notify the public of all designated sexual predators through the Internet. The Internet notice shall include the information required by paragraph (a). (d) The department shall adopt a protocol to assist law enforcement agencies in their efforts to notify the community and the public of the presence of sexual predators. (8) VERIFICATION. The department and the Department of Corrections shall implement a system for verifying the addresses of sexual predators. The system must be consistent with the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. The Department of Corrections shall verify the addresses of sexual predators who are not incarcerated but who reside in the community under the supervision of the Department of Corrections and shall report to the department any failure by a sexual predator to comply with registration requirements. County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual predators who are not under the care, custody, control, or supervision of the Department of Corrections, and may verify the addresses of sexual predators who are under the care, custody, control, or supervision of the Department of Corrections. Local law enforcement agencies shall report to the department any failure by a sexual predator to comply with registration requirements. (a) A sexual predator shall report in person each year during the month of the sexual predator’s birthday and during every third month thereafter to the sheriff’s office in the county in which he or she resides or is otherwise located to reregister. The sheriff’s office may determine the appropriate times and days for reporting by the sexual predator, which must be consistent with the reporting requirements of this paragraph. Reregistration must include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; tattoos or other identifying marks; hair and eye color; address of any permanent residence and address of any current temporary residence, within the state or out of state, including a rural route address and a post office box; if no permanent or temporary address, any transient residence within the state including the address, location or description of the transient residences, and dates of any current or known future temporary residence within the state or out of state; all electronic mail addresses; all Internet identifiers and each Internet identifier’s corresponding website homepage or application software name; all home telephone numbers and cellular telephone numbers; date and place of any employment; the make, model, color, vehicle identification number (VIN), and license tag number of all vehicles owned; fingerprints; palm prints; and photograph. A post office box may not be provided in lieu of a physical residential address. The sexual predator shall also produce his or her passport, if he or she has a passport, and, if he or she is an alien, shall produce or provide information about documents establishing his or her immigration status. The sexual predator shall also provide information about any professional licenses he or she has. 2. If the sexual predator is enrolled or employed, whether for compensation or as a volunteer, at an institution of higher education in this state, the sexual predator shall also provide to the department the name, address, and county of each institution, including each campus attended, and the sexual predator’s enrollment, volunteer, or employment status. 3. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual predator shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, State Statutes 609 or manufactured home. If the sexual predator’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. (b) The sheriff’s office shall, within 2 working days, electronically submit and update all information provided by the sexual predator to the department in a manner prescribed by the department. (9) IMMUNITY. The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual predator fails to report or falsely reports his or her current place of permanent or temporary residence. (10) PENALTIES. (a) Except as otherwise specifically provided, a sexual predator who fails to register; who fails, after registration, to maintain, acquire, or renew a driver license or an identification card; who fails to provide required location information; who fails to provide electronic mail addresses, Internet identifiers, and each Internet identifier’s corresponding website homepage or application software name; who fails to provide all home telephone numbers and cellular telephone numbers, employment information, change in status at an institution of higher education, or change-of-name information; who fails to make a required report in connection with vacating a permanent residence; who fails to reregister as required; who fails to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence; who knowingly provides false registration information by act or omission; or who otherwise fails, by act or omission, to comply with the requirements of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation, or attempted violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another jurisdiction when the victim of the offense was a minor, and who works, whether for compensation or as a volunteer, at any business, school, child care facility, park, playground, or other place where children regularly congregate, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any person who misuses public records information relating to a sexual predator, as defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944.607, to secure a payment from such a predator or offender; who knowingly distributes or publishes false information relating to such a predator or offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (d) A sexual predator who commits any act or omission in violation of this section may State Statutes 610 be prosecuted for the act or omission in the county in which the act or omission was committed, in the county of the last registered address of the sexual predator, in the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual predator, in the county where the sexual predator was released from incarceration, or in the county of the intended address of the sexual predator as reported by the predator prior to his or her release from incarceration. In addition, a sexual predator may be prosecuted for any such act or omission in the county in which he or she was designated a sexual predator. (e) An arrest on charges of failure to register, the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register when the predator has been provided and advised of his or her statutory obligation to register under subsection (6). A sexual predator’s failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual predator charged with the crime of failure to register who asserts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual predator who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. (f) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual predator of criminal liability for the failure to register. (g) Any person who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this section: 1. Withholds information from, or does not notify, the law enforcement agency about the sexual predator’s noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual predator; 2. Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual predator; 3. Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator; or 4. Provides information to the law enforcement agency regarding the sexual predator which the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This paragraph does not apply if the sexual predator is incarcerated in or is in the custody of a state correctional facility, a private correctional facility, a local jail, or a federal correctional facility. 775.215 Residency restriction for persons convicted of certain sex offenses. (1) As used in this section, the term: (a) “Child care facility” has the same meaning as provided in s. 402.302. (b) “Park” means all public and private property specifically designated as being used for recreational purposes and where children regularly congregate. (c) “Playground” means a designated independent area in the community or neighborhood that is designated solely for children and has one or more play structures. (d) “School” has the same meaning as provided in s. 1003.01 and includes a private school as defined in s. 1002.01, a voluntary prekindergarten education program as described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual School established under s. 1002.37 but does not include facilities dedicated exclusively to the education of adults. (2) (a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or State Statutes 611 playground is subsequently established within 1,000 feet of his or her residence. (b) A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) This subsection applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354. (3) (a) A person who has been convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence. (b) A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this subsection and whose conviction in another jurisdiction resulted in a penalty that is substantially similar to a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) This subsection applies to any person convicted of an offense in another jurisdiction that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354. 775.261 The Florida Career Offender Registration Act. (1) SHORT TITLE. This section may be cited as “The Florida Career Offender Registration Act.” (2) DEFINITIONS. As used in this section, the term: (a) “Career offender” means any person who is designated as a habitual violent felony offender, a violent career criminal, or a three-time violent felony offender under s. 775.084 or as a prison releasee reoffender under s. 775.082(9). (b) “Chief of police” means the chief law enforcement officer of a municipality. (c) “Community” means any county where the career offender lives or otherwise establishes or maintains a temporary or permanent residence. (d) “Department” means the Department of Law Enforcement. (e) “Entering the county” includes being discharged from a correctional facility, jail, or secure treatment facility within the county or being under supervision within the county with a career-offender designation as specified in paragraph (a). (f) “Permanent residence” means a place where the career offender abides, lodges, or resides for 14 or more consecutive days. (g) “Temporary residence” means: 1. A place where the career offender abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the career offender’s permanent address; 2. For a career offender whose permanent residence is not in this state, a place where the career offender is employed, practices a vocation, or is enrolled as a student for any period of time in this state; or 3. A place where the career offender routinely abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not the career offender’s permanent residence, including any out-of-state address. (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER. (a) A career offender released on or after July 1, 2002, from a sanction imposed in State Statutes 612 this state must register as required under subsection (4) and is subject to community and public notification as provided under subsection (5). For purposes of this section, a sanction imposed in this state includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, private correctional facility, or local detention facility, and: 1. The career offender has not received a pardon for any felony or other qualified offense that is necessary for the operation of this paragraph; or 2. A conviction of a felony or other qualified offense necessary to the operation of this paragraph has not been set aside in any postconviction proceeding. (b) This section does not apply to any person who has been designated as a sexual predator and required to register under s. 775.21 or who is required to register as a sexual offender under s. 943.0435 or s. 944.607. However, if a person is no longer required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, the person must register as a career offender under this section if the person is otherwise designated as a career offender as provided in this section. (c) A person subject to registration as a career offender is not subject to registration as a convicted felon under s. 775.13. However, if the person is no longer required to register as a career offender under this section, the person must register under s. 775.13 if required to do so under that section. (d) If a career offender is not sentenced to a term of imprisonment, the clerk of the court shall ensure that the career offender’s fingerprints are taken and forwarded to the department within 48 hours after the court renders its finding that an offender is a career offender. The fingerprints shall be clearly marked, “Career Offender Registration.” (4) REGISTRATION. (a) A career offender must register with the department by providing the following information to the department, or to the sheriff’s office in the county in which the career offender establishes or maintains a permanent or temporary residence, within 2 working days after establishing permanent or temporary residence in this state or within 2 working days after being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility: 1. Name, social security number, age, race, gender, date of birth, height, weight, hair and eye color, photograph, address of legal residence and address of any current temporary residence within the state or out of state, including a rural route address or a post office box, date and place of any employment, date and place of each conviction, fingerprints, and a brief description of the crime or crimes committed by the career offender. A career offender may not provide a post office box in lieu of a physical residential address. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the department written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the department written notice of the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. Any other information determined necessary by the department, including criminal and corrections records; nonprivileged personnel and treatment records; and evidentiary genetic markers when available. (b) If a career offender registers with the sheriff’s office, the sheriff shall take a photograph and a set of fingerprints of the career offender and forward the photographs and fingerprints to the department, along with the information that the career offender is required to provide pursuant to this section. (c) Within 2 working days after the registration required under paragraph (a), a career offender who is not incarcerated and who resides in the community, including a career offender under the supervision of the Department of Corrections pursuant to s. 944.608, shall register in person at a driver license office of the Department of Highway State Statutes 613 Safety and Motor Vehicles and shall present proof of registration. At the driver license office, the career offender shall: 1. If otherwise qualified, secure a Florida driver license, renew a Florida driver license, or secure an identification card. The career offender shall identify himself or herself as a career offender who is required to comply with this section, provide his or her place of permanent or temporary residence, including a rural route address or a post office box, and submit to the taking of a photograph for use in issuing a driver license, renewed license, or identification card, and for use by the department in maintaining current records of career offenders. The career offender may not provide a post office box in lieu of a physical residential address. If the career offender’s place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the vehicle identification number; the license tag number; the motor vehicle registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also provide to the Department of Highway Safety and Motor Vehicles the hull identification number; the manufacturer’s serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat. 2. Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for issuing or renewing a driver license or identification card as required by this section. 3. Provide, upon request, any additional information necessary to confirm the identity of the career offender, including a set of fingerprints. (d) Each time a career offender’s driver license or identification card is subject to renewal, and within 2 working days after any change of the career offender’s residence or change in the career offender’s name by reason of marriage or other legal process, the career offender must report in person to a driver license office, and shall be subject to the requirements specified in paragraph (c). The Department of Highway Safety and Motor Vehicles shall forward to the department and to the Department of Corrections all photographs and information provided by career offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles may release a reproduction of a color-photograph or digital-image license to the department for purposes of public notification of career offenders as provided in this section. (e) If the career offender registers at an office of the department, the department must notify the sheriff and, if applicable, the police chief of the municipality, where the career offender maintains a residence within 48 hours after the career offender registers with the department. (f) A career offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence or the department within 2 working days before the date he or she intends to leave this state to establish residence in another state or jurisdiction other than the State of Florida. If the career offender is under the supervision of the Department of Corrections, the career offender shall notify the supervising probation officer of his or her intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate Compact for Supervision of Adult Offenders, as provided in s. 949.07, and abide by the decision of the receiving jurisdiction to accept or deny transfer. The career offender must provide to the sheriff or department the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the career offender. The failure of a career offender to provide his or her intended place of residence is punishable as provided in subsection (8). (g) A career offender who indicates his or her intent to reside in a state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 2 working days after the date upon which the career offender indicated he or she would leave this state, report in person to the sheriff or the department, whichever agency is the agency to which the career offender reported the intended change of residence, State Statutes 614 of his or her intent to remain in this state. If the sheriff is notified by the career offender that he or she intends to remain in this state, the sheriff shall promptly report this information to the department. A career offender who reports his or her intent to reside in a state or jurisdiction other than the State of Florida, but who remains in this state without reporting to the sheriff or the department in the manner required by this paragraph, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (h) 1. The department shall maintain online computer access to the current information regarding each registered career offender. The department must maintain hotline access so that state, local, and federal law enforcement agencies may obtain instantaneous locator file and criminal characteristics information on release and registration of career offenders for purposes of monitoring, tracking, and prosecution. The photograph and fingerprints need not be stored in a computerized format. 2. The department’s career offender registration list, containing the information described in subparagraph (a)1., is a public record. The department may disseminate this public information by any means deemed appropriate, including operating a toll-free telephone number for this purpose. When the department provides information regarding a career offender to the public, department personnel must advise the person making the inquiry that positive identification of a person believed to be a career offender cannot be established unless a fingerprint comparison is made, and that it is illegal to use public information regarding a career offender to facilitate the commission of a crime. 3. The department shall adopt guidelines as necessary regarding the registration of a career offender and the dissemination of information regarding a career offender as required by this section. (i) A career offender must maintain registration with the department for the duration of his or her life, unless the career offender has received a full pardon or has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a career offender for purposes of registration. However, a registered career offender who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at least 20 years and has not been arrested for any felony or misdemeanor offense since release may petition the criminal division of the circuit court of the circuit in which the registered career offender resides for the purpose of removing the requirement for registration as a career offender. The court may grant or deny such relief if the registered career offender demonstrates to the court that he or she has not been arrested for any crime since release and the court is otherwise satisfied that the registered career offender is not a current or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the registered career offender may again petition the court for relief, subject to the standards for relief provided in this paragraph. The department shall remove a person from classification as a career offender for purposes of registration if the person provides to the department a certified copy of the court’s written findings or order that indicates that the person is no longer required to comply with the requirements for registration as a career offender. (5)COMMUNITY AND PUBLIC NOTIFICATION. (a) Law enforcement agencies may inform the community and the public of the presence of a career offender in the community. Upon notification of the presence of a career offender, the sheriff of the county or the chief of police of the municipality where the career offender establishes or maintains a permanent or temporary residence may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police. (b) The sheriff or the police chief may coordinate the community and public notification efforts with the department. Statewide notification to the public is authorized, as deemed appropriate by local law enforcement personnel and the State Statutes 615 department. (6) VERIFICATION. The department and the Department of Corrections shall implement a system for verifying the addresses of career offenders. The sheriff of each county shall annually verify the addresses of career offenders who are not under the care, custody, control, or supervision of the Department of Corrections. The sheriff shall promptly provide the address verification information to the department in an electronic format. The address verification information must include the verifying person’s name, agency, and phone number, the date of verification, and the method of verification, and must specify whether the address information was verified as correct, incorrect, or unconfirmed. (7) IMMUNITY. The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the personnel of those departments, or any individual or entity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a career offender fails to report or falsely reports his or her current place of permanent or temporary residence. (8) PENALTIES. (a) Except as otherwise specifically provided, a career offender who fails to register; who fails, after registration, to maintain, acquire, or renew a driver license or identification card; who fails to provide required location information or change-of-name information; or who otherwise fails, by act or omission, to comply with the requirements of this section, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who misuses public records information concerning a career offender, as defined in this section, or a career offender, as defined in s. 944.608 or s. 944.609, to secure a payment from such career offender; who knowingly distributes or publishes false information concerning such a career offender which the person misrepresents as being public records information; or who materially alters public records information with the intent to misrepresent the information, including documents, summaries of public records information provided by law enforcement agencies, or public records information displayed by law enforcement agencies on websites or provided through other means of communication, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (9) PROSECUTIONS FOR ACTS OR OMISSIONS. A career offender who commits any act or omission in violation of this section, s. 944.608, or s. 944.609 may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the career offender, the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a career offender, or in the county in which he or she was designated a career offender. (10) ASSISTING IN NONCOMPLIANCE. It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a person who has reason to believe that a career offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the career offender in eluding a law enforcement agency that is seeking to find the career offender to question the career offender about, or to arrest the career offender for, his or her noncompliance with the requirements of this section, to: (a) Withhold information from, or fail to notify, the law enforcement agency about the career offender’s noncompliance with the requirements of this section and, if known, the whereabouts of the career offender; (b) Harbor or attempt to harbor, or assist another in harboring or attempting to harbor, the career offender; (c) Conceal or attempt to conceal, or State Statutes 616 assist another in concealing or attempting to conceal, the career offender; or (d) Provide information to the law enforcement agency regarding the career offender which the person knows to be false. 775.30 Terrorism; defined. 775.30 Terrorism; defined; penalties. (1) As used in this chapter and the Florida Criminal Code, the terms “terrorism” or “terrorist activity” mean an activity that: (a) Involves: 1. A violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or 2. A violation of s. 815.06; and (b) Is intended to: 1. Intimidate, injure, or coerce a civilian population; 2. Influence the policy of a government by intimidation or coercion; or 3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy. (2) A person who violates s. 782.04(1)(a)1. or (2), s. 782.065, s. 782.07(1), s. 782.09, s. 784.045, s. 784.07, s. 787.01, s. 787.02, s. 787.07, s. 790.115, s. 790.15, s. 790.16, s. 790.161, s. 790.1615, s. 790.162, s. 790.166, s. 790.19, s. 806.01, s. 806.031, s. 806.111, s. 815.06, s. 815.061, s. 859.01, or s. 876.34, in furtherance of intimidating or coercing the policy of a government, or in furtherance of affecting the conduct of a government by mass destruction, assassination, or kidnapping, commits the crime of terrorism, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who commits a violation of subsection (2) which results in death or serious bodily injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “serious bodily injury” means an injury to a person which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or an organ. 775.31 Facilitating or furthering terrorism; felony or misdemeanor reclassification. (1) If a person is convicted of committing a felony or misdemeanor that facilitated or furthered any act of terrorism, the court shall reclassify the felony or misdemeanor to the next higher degree as provided in this section. The reclassification shall be made in the following manner: (a) In the case of a misdemeanor of the second degree, the offense is reclassified as a misdemeanor of the first degree. (b) In the case of a misdemeanor of the first degree, the offense is reclassified as a felony of the third degree. (c) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree. (d) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree. (e) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony. (2) For purposes of sentencing under chapter 921, the following offense severity ranking levels apply: (a) An offense that is a misdemeanor of the first degree and that is reclassified under this section as a felony of the third degree is ranked in level 2 of the offense severity ranking chart. (b) A felony offense that is reclassified under this section is ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed. (3) As used in this section, the term “terrorism” has the same meaning as provided in s. 775.30(1). (4) The reclassification of offenses under this section does not apply to s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35. 775.32 Use of military-type training provided by a designated foreign terrorist organization. (1) As used in this section, the term: (a) “Critical infrastructure facility” has the same meaning as provided in s. 493.631. (b)“Designated foreign terrorist organization” means an organization designated as a terrorist organization under s. 219 of the Immigration and Nationality Act. (c) “Military-type training” means training: 1. In means or methods that can: a. Cause the death of, or serious bodily injury to, another person; b. Destroy or damage property; or c. Disrupt services to a critical infrastructure facility; or State Statutes 617 2. On the use, storage, production, or assembly of an explosive, a firearm, or any other weapon, including a weapon of mass destruction. (d) “Serious bodily injury” has the same meaning as provided in s. 775.30(3). (e) “Weapon of mass destruction” has the same meaning as provided in s. 790.166. (2) A person who has received military-type training from a designated foreign terrorist organization may not use, attempt to use, or conspire to use such military-type training with the intent to unlawfully harm another person or damage a critical infrastructure facility. (3) A person who commits a violation of subsection (2) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who commits a violation of subsection (2) which results in the death of, or serious bodily injury to, a person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 775.33 Providing material support or resources for terrorism or to terrorist organizations. (1) As used in this section, the term: (a)“Designated foreign terrorist organization” has the same meaning as provided in s. 775.32. (b) “Expert advice or assistance” means advice or assistance derived from scientific, technical, or other specialized knowledge. (c) “Material support or resources” means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, or transportation. The term does not include medicine or religious materials. (d) “Serious bodily injury” has the same meaning as provided in s. 775.30(3). (e) “Training” means instruction or teaching designed to impart a specific skill rather than general knowledge. (2) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person: (a) Provides material support or resources or conceals or disguises the nature, location, source, or ownership of the material support or resources, knowing or intending that the support or resources are to be used in preparation for or in carrying out a violation of s. 775.30, s. 775.32, s. 775.34, s. 775.35, s. 790.16, s. 790.161(2), (3), or (4), s. 790.166, s. 790.19, s. 815.06, s. 859.01, s. 860.121, s. 860.16, s. 876.32, s. 876.34, or s. 876.36; (b) Conceals an escape from the commission of a violation of paragraph (a); or (c) Attempts or conspires to commit a violation of paragraph (a). (3) A person who knowingly provides material support or resources to a designated foreign terrorist organization, or attempts or conspires to do so, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. To violate this subsection, a person must have knowledge that the organization is a designated foreign terrorist organization or that the organization has engaged in or engages in terrorism or terrorist activity. (4) A person who commits a violation of subsection (2) or subsection (3) which results in death or serious bodily injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)(a) For purposes of prosecution under subsection (2) or subsection (3), a person is deemed to provide material support or resources by providing personnel if the person knowingly provides, attempts to provide, or conspires to provide himself or herself or another person to: 1. Work under the direction and control of a designated foreign terrorist organization or a person engaged in, or intending to engage in, an act of terrorism; or 2. Organize, manage, supervise, or otherwise direct the operations of a designated foreign terrorist organization or a person engaged in, or intending to engage in, an act of terrorism. (b) An individual who acts entirely independently of the designated foreign terrorist organization or the person engaged in, or intending to engage in, an act of terrorism to advance the organization’s or person’s goals or objectives is not working under the direction and control of the designated foreign terrorist organization or person engaged in, or intending to engage in, an act of terrorism. (6) A person may not be prosecuted under this section if his or her activity was State Statutes 618 authorized by a governmental or law enforcement agency of this state or of the United States in the agency’s official capacity and pursuant to a lawful purpose. (7) It is the intent of the Legislature that subsections (2) and (3) be interpreted in a manner consistent with federal case law interpreting 18 U.S.C. ss. 2339A and 2339B, respectively. (8) The Department of Law Enforcement, in consultation with the Office of the Attorney General, shall create guidelines for law enforcement investigations conducted pursuant to this section to ensure the protection of privacy rights, civil rights, and civil liberties. 775.34 Membership in a designated foreign terrorist organization. A person who willfully becomes a member of a designated foreign terrorist organization and serves under the direction or control of that organization with the intent to further the illegal acts of the organization commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term “designated foreign terrorist organization” has the same meaning as provided in s. 775.32. 775.35 Agroterrorism; penalties. (1) A person who intentionally disseminates or spreads any type of contagious, communicable, or infectious disease among crops, poultry as defined in s. 583.01, livestock as defined in s. 588.13, or other animals commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is an affirmative defense to this violation if the activity is consistent with a medically recognized procedure or if the activity is done in the course of legitimate, professional scientific research. (2) A person who commits a violation of subsection (1) which results in death or serious bodily injury to a person commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “serious bodily injury” has the same meaning as provided in s. 775.30(3). 776.012 Use or threatened use of force in defense of person. (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. 776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily. (1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use: (a) Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force; or (b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. (2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against State Statutes 619 that person’s will from the dwelling, residence, or occupied vehicle; and (b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (3) The presumption set forth in subsection (2) does not apply if: (a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or (b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or (c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or (d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer. (4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. (5) As used in this section, the term: (a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. (b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. (c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. 776.031 Use or threatened use of force in defense of property. (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. (2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. 776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force. (1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or State Statutes 620 prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful. (3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). (4) In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). 776.041 Use or threatened use of force by aggressor. The justification described in the preceding sections of this chapter is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or (2) Initially provokes the use or threatened use of force against himself or herself, unless: (a) Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use or threatened use of force which is likely to cause death or great bodily harm to the assailant; or (b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force. 776.05 Law enforcement officers; use of force in making an arrest. A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. The officer is justified in the use of any force: (1) Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest; (2) When necessarily committed in retaking felons who have escaped; or (3) When necessarily committed in arresting felons fleeing from justice. However, this subsection shall not constitute a defense in any civil action for damages brought for the wrongful use of deadly force unless the use of deadly force was necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given, and: (a) The officer reasonably believes that the fleeing felon poses a threat of death or serious physical harm to the officer or others; or (b) The officer reasonably believes that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. 776.051 Use or threatened use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition. (1) A person is not justified in the use or threatened use of force to resist an arrest by a law enforcement officer, or to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith and he or she is known, or reasonably appears, to be a law enforcement officer. (2) A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if the arrest or execution of a legal duty is unlawful and known by him or her to be unlawful. 776.06 Deadly force by a law enforcement or correctional officer. (1) As applied to a law enforcement officer or correctional officer acting in the performance of his or her official duties, the term “deadly force” means force that is likely to cause death or great bodily harm and includes, but is not limited to: (a) The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill or inflict great bodily harm; and (b) The firing of a firearm at a vehicle in which the person to be arrested is riding. (2) (a) The term “deadly force” does not State Statutes 621 include the discharge of a firearm by a law enforcement officer or correctional officer during and within the scope of his or her official duties which is loaded with a less-lethal munition. As used in this subsection, the term “less-lethal munition” means a projectile that is designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person’s body. (b) A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of any less-lethal munition in good faith during and within the scope of his or her official duties. 776.07 Use of force to prevent escape. (1) A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of any force which he or she reasonably believes to be necessary to prevent the escape of the arrested person from custody. (2) A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense. 776.08 Forcible felony. "Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual. 777.011 Principal in first degree. Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense. 777.03 Accessory after the fact. (1) (a) Any person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity to the offender, who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a third degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact. (b) Any person who maintains or assists the principal or accessory before the fact, or gives the offender any other aid, knowing that the offender had committed the offense of child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a child under 18 years of age, or murder of a child under 18 years of age, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact unless the court finds that the person is a victim of domestic violence. (c) Any person who maintains or assists the principal or an accessory before the fact, or gives the offender any other aid, knowing that the offender had committed a crime and such crime was a capital, life, first degree, or second degree felony, or had been an accessory thereto before the fact, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the fact. (2) (a) If the felony offense committed is a capital felony, the offense of accessory after the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the felony offense committed is a life felony or a felony of the first degree, the offense of accessory after the fact is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If the felony offense committed is a felony of the second degree or a felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) If the felony offense committed is a felony of the third degree ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a State Statutes 622 misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Except as otherwise provided in s. 921.0022, for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, the offense of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed. 777.04 Attempts, solicitation, and conspiracy. (1) A person who attempts to commit an offense prohibited by law and in such attempt does any act toward the commission of such offense, but fails in the perpetration or is intercepted or prevented in the execution thereof, commits the offense of criminal attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal attempt includes the act of an adult who, with intent to commit an offense prohibited by law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an offense prohibited by law. (2) A person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation, ranked for purposes of sentencing as provided in subsection (4). (3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4). (4) (a) Except as otherwise provided in ss. 104.091(2), 379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944 one level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted, solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023, such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) If the offense attempted, solicited, or conspired to is a capital felony, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or conspired to is a life felony or a felony of the first degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 828.125(2), or s. 849.25(4), if the offense attempted, solicited, or conspired to is a: 1. Felony of the second degree; 2. Burglary that is a felony of the third degree; or 3. Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e) Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 849.25(4), or paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (f) Except as otherwise provided in s. 104.091(2), if the offense attempted, solicited, or conspired to is a misdemeanor of the first or second degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) It is a defense to a charge of criminal attempt, criminal solicitation, or criminal conspiracy that, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose, the defendant: (a) Abandoned his or her attempt to commit the offense or otherwise prevented its commission; (b) After soliciting another person to commit an offense, persuaded such other person not to do so or otherwise prevented commission of the offense; or (c) After conspiring with one or more State Statutes 623 persons to commit an offense, persuaded such persons not to do so or otherwise prevented commission of the offense. 777.201 Entrapment (1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it. (2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact. 782.02 Justifiable use of deadly force. The use of deadly force is justifiable when a person is resisting any attempt to murder such person or to commit any felony upon him or her or upon or in any dwelling house in which such person shall be. 782.03 Excusable homicide. Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner. 782.04 Murder. (1) (a) The unlawful killing of a human being: 1. When perpetrated from a premeditated design to effect the death of the person killed or any human being; 2. When committed by a person engaged in the perpetration of, or in the attempt to perpetrate, any: a. Trafficking offense prohibited by s. 893.135(1), b. Arson, c. Sexual battery, d. Robbery, e. Burglary, f. Kidnapping, g. Escape, h. Aggravated child abuse, i. Aggravated abuse of an elderly person or disabled adult, j. Aircraft piracy, k. Unlawful throwing, placing, or discharging of a destructive device or bomb, l. Carjacking, m. Home-invasion robbery, n. Aggravated stalking, o. Murder of another human being, p. Resisting an officer with violence to his or her person, q. Aggravated fleeing or eluding with serious bodily injury or death, r. Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, or s. Human trafficking; or 3. Which resulted from the unlawful distribution by a person 18 years of age or older of any of the following substances, or mixture containing any of the following substances, when such substance or mixture is proven to be the proximate cause of the death of the user: a. A substance controlled under s. 893.03(1); b. Cocaine, as described in s. 893.03(2)(a)4.; c. Opium or any synthetic or natural salt, compound, derivative, or preparation of opium; d. Methadone; e. Alfentanil, as described in s. 893.03(2)(b)1.; f. Carfentanil, as described in s. 893.03(2)(b)6.; g. Fentanyl, as described in s. 893.03(2)(b)9.; h. Sufentanil, as described in s. 893.03(2)(b)29.; or i. A controlled substance analog, as described in s. 893.0356, of any substance specified in sub-subparagraphs a.-h., is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082. (b) In all cases under this section, the procedure set forth in s. 921.141 shall be followed in order to determine sentence of death or life imprisonment. If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the State Statutes 624 defendant and file the notice with the court within 45 days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause. (2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (3) When a human being is killed during the perpetration of, or during the attempt to perpetrate, any: (a) Trafficking offense prohibited by s. 893.135(1), (b) Arson, (c) Sexual battery, (d) Robbery, (e) Burglary, (f) Kidnapping, (g) Escape, (h) Aggravated child abuse, (i) Aggravated abuse of an elderly person or disabled adult, (j) Aircraft piracy, (k) Unlawful throwing, placing, or discharging of a destructive device or bomb, (l) Carjacking, (m)Home-invasion robbery, (n) Aggravated stalking, (o) Murder of another human being, (p) Aggravated fleeing or eluding with serious bodily injury or death, (q) Resisting an officer with violence to his or her person, or (r) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, by a person other than the person engaged in the perpetration of or in the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits murder in the second degree, which constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (4) The unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than any: (a) Trafficking offense prohibited by s. 893.135(1), (b) Arson, (c) Sexual battery, (d) Robbery, (e) Burglary, (f) Kidnapping, (g) Escape, (h) Aggravated child abuse, (i) Aggravated abuse of an elderly person or disabled adult, (j) Aircraft piracy, (k) Unlawful throwing, placing, or discharging of a destructive device or bomb, (l) Unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, (m)Carjacking, (n) Home-invasion robbery, (o) Aggravated stalking, (p) Murder of another human being, (q) Aggravated fleeing or eluding with serious bodily injury or death, (r) Resisting an officer with violence to his or her person, or (s) Felony that is an act of terrorism or is in furtherance of an act of terrorism, including a felony under s. 775.30, s. 775.32, s. 775.33, s. 775.34, or s. 775.35, is murder in the third degree and constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) As used in this section, the term “terrorism” means an activity that: (a) 1. Involves a violent act or an act dangerous to human life which is a violation of the criminal laws of this state or of the United States; or 2. Involves a violation of s. 815.06; and (b) Is intended to: 1. Intimidate, injure, or coerce a civilian population; 2. Influence the policy of a government by intimidation or coercion; or 3. Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy. State Statutes 625 782.051 Attempted felony murder. (1) Any person who perpetrates or attempts to perpetrate any felony enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection. (2) Any person who perpetrates or attempts to perpetrate any felony other than a felony enumerated in s. 782.04(3)a n d w h o commits, aids, or abets an intentional act that is not an essential element of the felony and that could, but does not, cause the death of another commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection. (3) When a person is injured during the perpetration of or the attempt to perpetrate any felony enumerated in s. 782.04(3) by a person other than the person engaged in the perpetration of or the attempt to perpetrate such felony, the person perpetrating or attempting to perpetrate such felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim injury points shall be scored under this subsection. 782.065 Murder; law enforcement officer, correctional officer, correctional probation officer. Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant shall be sentenced to life imprisonment without eligibility for release upon findings by the trier of fact that, beyond a reasonable doubt: (1) The defendant committed murder in the first degree in violation of s. 782.04(1) and a death sentence was not imposed; murder in the second or third degree in violation of s. 782.04(2), (3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1. or (2); or attempted felony murder in violation of s. 782.051; and (2) The victim of any offense described in subsection (1) was a law enforcement officer, part-time law enforcement officer, auxiliary law enforcement officer, correctional officer, part-time correctional officer, auxiliary correctional officer, correctional probation officer, part-time correctional probation officer, or auxiliary correctional probation officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a legal duty 782.07 Manslaughter; aggravated manslaughter of an elderly person or disabled adult; aggravated manslaughter of a child; aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic. (1) The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification according to the provisions of chapter 776 and in cases in which such killing shall not be excusable homicide or murder, according to the provisions of this chapter, is manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who causes the death of any person under the age of 18 by culpable negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who causes the death, through culpable negligence, of an officer as defined in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer, firefighter, emergency medical technician, or paramedic is performing duties that are within the course of his or her employment, commits aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 782.071 Vehicular homicide. “Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great State Statutes 626 bodily harm to, another. (1) Vehicular homicide is: (a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: 1. At the time of the accident, the person knew, or should have known, that the accident occurred; and 2. The person failed to give information and render aid as required by s. 316.062. This paragraph does not require that the person knew that the accident resulted in injury or death. (2) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5). (3) A right of action for civil damages shall exist under s. 768.19, under all circumstances, for all deaths described in this section. (4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital 782.072 Vessel homicide. "Vessel homicide" is the killing of a human being by the operation of a vessel as defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Vessel homicide is: (1) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if: (a) At the time of the accident, the person knew, or should have known, that the accident occurred; and (b) The person failed to give information and render aid as required by s. 327.30(1). This subsection does not require that the person knew that the accident resulted in injury or death. 782.08 Assisting self-murder. Every person deliberately assisting another in the commission of self-murder shall be guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 782.081 Commercial exploitation of self-murder. (1) As used in this section, the term: (a) "Deliberately assisting" means carrying out a public act that is intended to: 1. Aid, abet, facilitate, permit, advocate, or encourage; 2. Publicize, promote, advertise, operate, stage, schedule, or conduct; 3. Provide or secure a venue, transportation, or security; or 4. Result in the collection of an admission or fee. (b) "Self-murder" means the voluntary and intentional taking of one's own life. As used in this section, the term includes attempted self-murder. (c) "Simulated self-murder" means the artistic depiction or portrayal of self-murder which is not an actual self-murder. The term includes, but is not limited to, an artistic depiction or portrayal of self-murder in a script, play, movie, or story presented to the public or during an event. (2) A person may not for commercial or entertainment purposes: (a) Conduct any event that the person knows or reasonably should know includes an actual self-murder as a part of the event or deliberately assist in an actual self-murder. (b) Provide a theater, auditorium, club, or other venue or location for any event that the person knows or reasonably should know includes an actual self-murder as a part of the event. (3) This section does not prohibit any event during which simulated self-murder will occur. (4) It is not a defense to a prosecution under this section that an attempted self-murder did not result in a self-murder. (5) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) The Attorney General or any state attorney may bring a civil proceeding for declaratory, injunctive, or other relief to enforce the provisions of this section. 782.09 Killing of unborn child by injury to mother. (1) The unlawful killing of an unborn child, by any injury to the mother of such child which would be murder if it resulted in the State Statutes 627 death of such mother, shall be deemed murder in the same degree as that which would have been committed against the mother. Any person, other than the mother, who unlawfully kills an unborn child by any injury to the mother: (a) Which would be murder in the first degree constituting a capital felony if it resulted in the mother’s death commits murder in the first degree constituting a capital felony, punishable as provided in s. 775.082. (b) Which would be murder in the second degree if it resulted in the mother’s death commits murder in the second degree, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Which would be murder in the third degree if it resulted in the mother’s death commits murder in the third degree, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) The unlawful killing of an unborn child by any injury to the mother of such child which would be manslaughter if it resulted in the death of such mother shall be deemed manslaughter. A person who unlawfully kills an unborn child by any injury to the mother which would be manslaughter if it resulted in the mother’s death commits manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) The death of the mother resulting from the same act or criminal episode that caused the death of the unborn child does not bar prosecution under this section. (4) This section does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to chapter 390. (5) For purposes of this section, the term “unborn child” has the same meaning as provided in s. 775.021(5). 782.11 Unnecessary killing to prevent unlawful act. Whoever shall unnecessarily kill another, either while resisting an attempt by such other person to commit any felony, or to do any other unlawful act, or after such attempt shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.011 Assault (1) An "assault" is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. (2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 784.021 Aggravated assault. (1) An "aggravated assault" is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. (2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.03 Battery; felony battery. (1) (a) The offense of battery occurs when a person: 1. Actually and intentionally touches or strikes another person against the will of the other; or 2. Intentionally causes bodily harm to another person. (b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. 784.041 Felony battery; domestic battery by strangulation. (1) A person commits felony battery if he or she. (a) Actually and intentionally touches or strikes another person against the will of the other; and (b) Causes great bodily harm, permanent disability, or permanent disfigurement. (2) (a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she State Statutes 628 is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state. (b) As used in this subsection, the term. 1. "Family or household member" has the same meaning as in s. 741.28. 2. "Dating relationship" means a continuing and significant relationship of a romantic or intimate nature. (3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.045 Aggravated battery. (1) (a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. (2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.046 Action by victim of repeat violence, sexual violence, or dating violence for protective injunction; dating violence investigations, notice to victims, and reporting; pretrial release violations; public records exemption. (1) As used in this section, the term: (a) “Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person. (b) “Repeat violence” means two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member. (c) “Sexual violence” means any one incident of: 1. Sexual battery, as defined in chapter 794; 2. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; 3. Luring or enticing a child, as described in chapter 787; 4. Sexual performance by a child, as described in chapter 827; or 5. Any other forcible felony wherein a sexual act is committed or attempted, regardless of whether criminal charges based on the incident were filed, reduced, or dismissed by the state attorney. (d) “Dating violence” means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors: 1. A dating relationship must have existed within the past 6 months; 2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; and 3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. (2) There is created a cause of action for an injunction for protection in cases of repeat violence, there is created a separate cause of action for an injunction for protection in cases of dating violence, and there is created a separate cause of action for an injunction for protection in cases of sexual violence. (a) Any person who is the victim of repeat violence or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence. (b) Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating State Statutes 629 violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against dating violence. (c) A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf or on behalf of the minor child if: 1. The person has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether criminal charges based on the sexual violence have been filed, reduced, or dismissed by the state attorney; or 2. The respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent’s term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed. (d) A cause of action for an injunction may be sought whether or not any other petition, complaint, or cause of action is currently available or pending between the parties. (e) A cause of action for an injunction does not require that the petitioner be represented by an attorney. (3) (a) The clerk of the court shall provide a copy of this section, simplified forms, and clerical assistance for the preparation and filing of such a petition by any person who is not represented by counsel. (b) Notwithstanding any other law, the clerk of the court may not assess a fee for filing a petition for protection against repeat violence, sexual violence, or dating violence. However, subject to legislative appropriation, the clerk of the court may, each quarter, submit to the Office of the State Courts Administrator a certified request for reimbursement for petitions for protection issued by the court under this section at the rate of $40 per petition. The request for reimbursement shall be submitted in the form and manner prescribed by the Office of the State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement agency serving the injunction the fee requested by the law enforcement agency; however, this fee may not exceed $20. (c) No bond shall be required by the court for the entry of an injunction. (d) The clerk of the court shall provide the petitioner with a certified copy of any injunction for protection against repeat violence, sexual violence, or dating violence entered by the court. (4) (a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought. With respect to a minor child who is living at home, the parent or legal guardian seeking the protective injunction on behalf of the minor child must: 1. Have been an eyewitness to, or have direct physical evidence or affidavits from eyewitnesses of, the specific facts and circumstances that form the basis upon which relief is sought, if the party against whom the protective injunction is sought is also a parent, stepparent, or legal guardian of the minor child; or 2. Have reasonable cause to believe that the minor child is a victim of repeat sexual or dating violence to form the basis upon which relief is sought, if the party against whom the protective injunction is sought is a person other than a parent, stepparent, or legal guardian of the minor child. (b) The sworn petition must be in substantially the following form: PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE, SEXUAL VIOLENCE, OR DATING VIOLENCE Before me, the undersigned authority, personally appeared Petitioner (Name), who has been sworn and says that the following statements are true: 1.Petitioner resides at (address) (A petitioner for an injunction for protection against sexual violence may furnish an address to the court in a separate confidential filing if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential pursuant to s. 119.071(2)(j), Florida Statutes.) 2.Respondent resides at (address). 3. a. Petitioner has suffered repeat violence as demonstrated by the fact that the respondent has: (enumerate incidents of violence) b. Petitioner has suffered sexual violence as State Statutes 630 demonstrated by the fact that the respondent has: (enumerate incident of violence and include incident report number from law enforcement agency or attach notice of inmate release.) c. Petitioner is a victim of dating violence and has reasonable cause to believe that he or she is in imminent danger of becoming the victim of another act of dating violence or has reasonable cause to believe that he or she is in imminent danger of becoming a victim of dating violence, as demonstrated by the fact that the respondent has: (list the specific incident or incidents of violence and describe the length of time of the relationship, whether it has been in existence during the last 6 months, the nature of the relationship of a romantic or intimate nature, the frequency and type of interaction, and any other facts that characterize the relationship.) 4.Petitioner genuinely fears repeat violence by the respondent. 5.Petitioner seeks: an immediate injunction against the respondent, enjoining him or her from committing any further acts of violence; an injunction enjoining the respondent from committing any further acts of violence; and an injunction providing any terms the court deems necessary for the protection of the petitioner and the petitioner’s immediate family, including any injunctions or directives to law enforcement agencies. (5) Upon the filing of the petition, the court shall set a hearing to be held at the earliest possible time. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing. (6) (a) When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence. (b) Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing. (c) Any such ex parte temporary injunction shall be effective for a fixed period not to exceed 15 days. However, an ex parte temporary injunction granted under subparagraph (2)(c)2. is effective for 15 days following the date the respondent is released from incarceration. A full hearing, as provided by this section, shall be set for a date no later than the date when the temporary injunction ceases to be effective. The court may grant a continuance of the ex parte injunction and the full hearing before or during a hearing, for good cause shown by any party. (7) Upon notice and hearing, the court may grant such relief as the court deems proper, including an injunction: (a) Enjoining the respondent from committing any acts of violence. (b) Ordering such other relief as the court deems necessary for the protection of the petitioner, including injunctions or directives to law enforcement agencies, as provided in this section. (c) The terms of the injunction shall remain in full force and effect until modified or dissolved. Either party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies. (d) A temporary or final judgment on injunction for protection against repeat violence, sexual violence, or dating violence entered pursuant to this section shall, on its face, indicate that: 1. The injunction is valid and enforceable in all counties of the State of Florida. 2. Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to enforce the terms of the injunction. 3. The court had jurisdiction over the parties and matter under the laws of Florida and that reasonable notice and opportunity to be heard was given to the person against whom the order is sought sufficient to protect that person’s right to due process. 4. The date that the respondent was served with the temporary or final order, if obtainable. (8) (a) 1. The clerk of the court shall furnish a copy of the petition, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found, who shall serve it upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an injunction that has been certified by the clerk of the court, and this facsimile copy may be served in the same manner as a certified copy. Upon receiving a facsimile copy, the sheriff must verify receipt with State Statutes 631 the sender before attempting to serve it upon the respondent. In addition, if the sheriff is in possession of an injunction for protection that has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of that injunction to a law enforcement officer who shall serve it in the same manner as a certified copy. The clerk of the court shall be responsible for furnishing to the sheriff such information on the respondent’s physical description and location as is required by the department to comply with the verification procedures set forth in this section. Notwithstanding any other provision of law to the contrary, the chief judge of each circuit, in consultation with the appropriate sheriff, may authorize a law enforcement agency within the chief judge’s jurisdiction to effect this type of service and to receive a portion of the service fee. No person shall be authorized or permitted to serve or execute an injunction issued under this section unless the person is a law enforcement officer as defined in chapter 943. 2. When an injunction is issued, if the petitioner requests the assistance of a law enforcement agency, the court may order that an officer from the appropriate law enforcement agency accompany the petitioner and assist in the execution or service of the injunction. A law enforcement officer shall accept a copy of an injunction for protection against repeat violence, sexual violence, or dating violence, certified by the clerk of the court, from the petitioner and immediately serve it upon a respondent who has been located but not yet served. (b) There shall be created a Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System within the Department of Law Enforcement. The department shall establish, implement, and maintain a statewide communication system capable of electronically transmitting information to and between criminal justice agencies relating to domestic violence injunctions, dating violence injunctions, sexual violence injunctions, and repeat violence injunctions issued by the courts throughout the state. Such information must include, but is not limited to, information as to the existence and status of any injunction for verification purposes. (c) 1. Within 24 hours after the court issues an injunction for protection against repeat violence, sexual violence, or dating violence or changes or vacates an injunction for protection against repeat violence, sexual violence, or dating violence, the clerk of the court must forward a copy of the injunction to the sheriff with jurisdiction over the residence of the petitioner. 2. Within 24 hours after service of process of an injunction for protection against repeat violence, sexual violence, or dating violence upon a respondent, the law enforcement officer must forward the written proof of service of process to the sheriff with jurisdiction over the residence of the petitioner. 3. Within 24 hours after the sheriff receives a certified copy of the injunction for protection against repeat violence, sexual violence, or dating violence, the sheriff must make information relating to the injunction available to other law enforcement agencies by electronically transmitting such information to the department. 4. Within 24 hours after the sheriff or other law enforcement officer has made service upon the respondent and the sheriff has been so notified, the sheriff must make information relating to the service available to other law enforcement agencies by electronically transmitting such information to the department. 5. a. Subject to available funding, the Florida Association of Court Clerks and Comptrollers shall develop an automated process by which a petitioner may request notification of service of the injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection. The automated notice shall be made within 12 hours after the sheriff or other law enforcement officer serves the injunction upon the respondent. The notification must include, at a minimum, the date, time, and location where the injunction for protection against repeat violence, sexual violence, or dating violence was served. When a petitioner makes a request for notification, the clerk must apprise the petitioner of her or his right to request in writing that the State Statutes 632 information specified in sub-subparagraph b. be held exempt from public records requirements for 5 years. The Florida Association of Court Clerks and Comptrollers may apply for any available grants to fund the development of the automated process. b. Upon implementation of the automated process, information held by clerks and law enforcement agencies in conjunction with the automated process developed under sub-subparagraph a. which reveals the home or employment telephone number, cellular telephone number, home or employment address, electronic mail address, or other electronic means of identification of a petitioner requesting notification of service of an injunction for protection against repeat violence, sexual violence, or dating violence and other court actions related to the injunction for protection is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, upon written request by the petitioner. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties, notwithstanding this sub-subparagraph. This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2018, unless reviewed and saved from repeal through reenactment by the Legislature. 6. Within 24 hours after an injunction for protection against repeat violence, sexual violence, or dating violence is lifted, terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of the court must notify the sheriff or local law enforcement agency receiving original notification of the injunction as provided in subparagraph 2. That agency shall, within 24 hours after receiving such notification from the clerk of the court, notify the department of such action of the court. (9) (a) The court shall enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection. The court may enforce the respondent’s compliance with the injunction by imposing a monetary assessment. The clerk of the court shall collect and receive such assessments. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the State Treasury for deposit in the Crimes Compensation Trust Fund established in s. 960.21. (b) If the respondent is arrested by a law enforcement officer under s. 901.15(6) for committing an act of repeat violence, sexual violence, or dating violence in violation of an injunction for protection, the respondent shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admittance to bail in accordance with chapter 903 and the applicable rules of criminal procedure, pending a hearing. (10) The petitioner or the respondent may move the court to modify or dissolve an injunction at any time. (11) Any law enforcement officer who investigates an alleged incident of dating violence shall assist the victim to obtain medical treatment if such is required as a result of the alleged incident to which the officer responds. Any law enforcement officer who investigates an alleged incident of dating violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice of the legal rights and remedies available on a standard form developed and distributed by the Department of Law Enforcement. As necessary, the Department of Law Enforcement shall revise the Legal Rights and Remedies Notice to Victims to include a general summary of this section, using simple English as well as Spanish, and shall distribute the notice as a model form to be used by all law enforcement agencies throughout the state. The notice shall include: (a) The resource listing, including telephone number, for the area domestic violence center designated by the Department of Children and Families; and (b) A copy of the following statement: “IF YOU ARE THE VICTIM OF DATING VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an injunction for protection from dating violence which may include, but need not be limited to, provisions that restrain the abuser from further acts of abuse; direct the abuser to leave your household; and State Statutes 633 prevent the abuser from entering your residence, school, business, or place of employment.” (12) When a law enforcement officer investigates an allegation that an incident of dating violence has occurred, the officer shall handle the incident pursuant to the arrest policy provided in s. 901.15(7), and as developed in accordance with subsections (13), (14), and (16). Whether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates that the alleged offense was an incident of dating violence. Such report shall be given to the officer’s supervisor and filed with the law enforcement agency in a manner that will permit data on dating violence cases to be compiled. Such report must include: (a) A description of physical injuries observed, if any. (b) If a law enforcement officer decides not to make an arrest or decides to arrest two or more parties, the grounds for not arresting anyone or for arresting two or more parties. (c) A statement which indicates that a copy of the legal rights and remedies notice was given to the victim. Whenever possible, the law enforcement officer shall obtain a written statement from the victim and witnesses concerning the alleged dating violence. The officer shall submit the report to the supervisor or other person to whom the employer’s rules or policies require reports of similar allegations of criminal activity to be made. The law enforcement agency shall, without charge, send a copy of the initial police report, as well as any subsequent, supplemental, or related report, which excludes victim or witness statements or other materials that are part of an active criminal investigation and are exempt from disclosure under chapter 119, to the nearest locally certified domestic violence center within 24 hours after the agency’s receipt of the report. The report furnished to the domestic violence center must include a narrative description of the dating violence incident. (13) Whenever a law enforcement officer determines upon probable cause that an act of dating violence has been committed within the jurisdiction, or that a person has violated a condition of pretrial release as provided in s. 903.047 and the original arrest was for an act of dating violence, the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties. (14) (a) When complaints are received from two or more parties, the officers shall evaluate each complaint separately to determine whether there is probable cause for arrest. (b) If a law enforcement officer has probable cause to believe that two or more persons have committed a misdemeanor or felony, or if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor. Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend himself or herself or another family or household member from dating violence. (15) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of dating violence as defined in this section, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance. (16) A law enforcement officer acting in good faith under this section and the officer’s employing agency shall be immune from all liability, civil or criminal, that might otherwise be incurred or imposed by reason of the officer’s or agency’s actions in carrying out the provisions of this section. 784.047 Penalties for violating protective injunction against violators. (1) A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by: (a) Refusing to vacate the dwelling that the parties share; (b) Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member; (c) Committing an act of repeat violence, sexual violence, or dating violence against the petitioner; (d) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the State Statutes 634 petitioner; (e) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party; (f) Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied; (g) Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or (h) Refusing to surrender firearms or ammunition if ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in subsection (2). (2) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term “conviction” means a determination of guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. 784.048 Stalking; definitions; penalties. (1) As used in this section, the term: (a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests. (c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section. (d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. (2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section. (7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 635 (8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5). (9) (a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim. (b) The order may be issued by the court even if the defendant is sentenced to a state prison or a county jail or even if the imposition of the sentence is suspended and the defendant is placed on probation. 784.0487 Violation of an injunction for protection against stalking or cyberstalking. (1) If the injunction for protection against stalking or cyberstalking has been violated and the respondent has not been arrested, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred. The clerk shall assist the petitioner in preparing an affidavit in support of reporting the violation or directing the petitioner to the office operated by the court that has been designated by the chief judge of that circuit as the central intake point for violations of injunctions for protection where the petitioner can receive assistance in the preparation of the affidavit in support of the violation. (2) The affidavit shall be immediately forwarded by the office assisting the petitioner to the state attorney of that circuit and to such judge as the chief judge determines to be the recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime has been committed, the office assisting the petitioner shall also forward a copy of the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No later than 20 days after receiving the initial report, the local law enforcement agency shall complete its investigation and forward a report to the state attorney. The policy adopted by the state attorney in each circuit under s. 741.2901(2) shall include a policy regarding intake of alleged violations of injunctions for protection against stalking or cyberstalking under this section. The intake shall be supervised by a state attorney who has been designated and assigned to handle stalking or cyberstalking cases. The state attorney shall determine within 30 working days whether his or her office will file criminal charges or prepare a motion for an order to show cause as to why the respondent should not be held in criminal contempt, or prepare both as alternative findings, or file notice that the case remains under investigation or is pending subject to some other action. (3) If the court has knowledge that the petitioner or another person is in immediate danger if the court does not act before the decision of the state attorney to proceed, the court shall immediately issue an order of appointment of the state attorney to file a motion for an order to show cause as to why the respondent should not be held in contempt. If the court does not issue an order of appointment of the state attorney, it shall immediately notify the state attorney that the court is proceeding to enforce the violation through criminal contempt. (4) (a) A person who willfully violates an injunction for protection against stalking or cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, by: 1. Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family members or individuals closely associated with the petitioner; 2. Committing an act of stalking against the petitioner; 3. Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; 4. Telephoning, contacting, or otherwise communicating with the petitioner, directly or indirectly, unless the injunction specifically allows indirect contact through a third party; 5. Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied; 6. Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or State Statutes 636 7. Refusing to surrender firearms or ammunition if ordered to do so by the court, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (b). (b) A person who has two or more prior convictions for violation of an injunction or foreign protection order, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. (5) A person who suffers an injury or loss as a result of a violation of an injunction for protection against stalking or cyberstalking may be awarded economic damages for that injury or loss by the court issuing the injunction. Damages include costs and attorney fees for enforcement of the injunction. 784.049 Sexual cyberharassment. (1) The Legislature finds that: (a) A person depicted in a sexually explicit image taken with the person’s consent has a reasonable expectation that the image will remain private. (b) It is becoming a common practice for persons to publish a sexually explicit image of another to Internet websites without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. (c) When such images are published on Internet websites, they are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared. (d) The publication of such images on Internet websites creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct. (e) The existence of such images on Internet websites causes those depicted in such images significant psychological harm. (f) Safeguarding the psychological well-being of persons depicted in such images is compelling. (2) As used in this section, the term: (a) “Image” includes, but is not limited to, any photograph, picture, motion picture, film, video, or representation. (b) “Personal identification information” has the same meaning as provided in s. 817.568. (c) “Sexually cyberharass” means to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. (d) “Sexually explicit image” means any image depicting nudity, as defined in s. 847.001, or depicting a person engaging in sexual conduct, as defined in s. 847.001. (3) (a) Except as provided in paragraph (b), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) (a) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section. (b) Upon proper affidavits being made, a search warrant may be issued to further investigate violations of this section, including warrants issued to search a private dwelling. (5) An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following: (a) Injunctive relief. (b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of this section, whichever is greater. (c) Reasonable attorney fees and costs. (6) The criminal and civil penalties of this section do not apply to: (a) A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11, that provides the transmission, storage, or caching of electronic communications or messages of State Statutes 637 others; other related telecommunications or commercial mobile radio service; or content provided by another person; or (b) A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that publishes a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer, or law enforcement agency. (7) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs within this state. 784.05 Culpable negligence. (1) Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever, through culpable negligence, inflicts actual personal injury on another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) Whoever violates subsection (1) by storing or leaving a loaded firearm within the reach or easy access of a minor commits, if the minor obtains the firearm and uses it to inflict injury or death upon himself or herself or any other person, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not apply: (a) If the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a trigger lock; (b) If the minor obtains the firearm as a result of an unlawful entry by any person; (c) To injuries resulting from target or sport shooting accidents or hunting accidents; or (d) To members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties. When any minor child is accidentally shot by another family member, no arrest shall be made pursuant to this subsection prior to 7 days after the date of the shooting. With respect to any parent or guardian of any deceased minor, the investigating officers shall file all findings and evidence with the state attorney's office with respect to violations of this subsection. The state attorney shall evaluate such evidence and shall take such action as he or she deems appropriate under the circumstances and may file an information against the appropriate parties. (4) As used in this act, the term "minor" means any person under the age of 16. 784.062 Misuse of laser lighting devices. (1) As used in subsection (2), the term "laser lighting device" means a hand-held device, not affixed to a firearm, which emits a laser beam that is designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. As used in subsection (3), the term "laser lighting device" means any device designed or used to amplify electromagnetic radiation by stimulated emission. (2) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device at a law enforcement officer, engaged in the performance of his or her official duties, in such a manner that would cause a reasonable person to believe that a firearm is pointed at him or her commits a noncriminal violation, punishable as provided in s. 775.083. (3) (a) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who knowingly and willfully shines, points, or focuses the beam of a laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and such act results in bodily injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences. (1) As used in this section, the term: (a) “Emergency medical care provider” means an ambulance driver, emergency medical technician, paramedic, registered nurse, physician as defined in s. 401.23, medical director as defined in s. 401.23, or State Statutes 638 any person authorized by an emergency medical service licensed under chapter 401 who is engaged in the performance of his or her duties. The term “emergency medical care provider” also includes physicians, employees, agents, or volunteers of hospitals as defined in chapter 395, who are employed, under contract, or otherwise authorized by a hospital to perform duties directly associated with the care and treatment rendered by the hospital’s emergency department or the security thereof. (b) “Firefighter” means any person employed by any public employer of this state whose duty it is to extinguish fires; to protect life or property; or to enforce municipal, county, and state fire prevention codes, as well as any law pertaining to the prevention and control of fires. (c) “Law enforcement explorer” means any person who is a current member of a law enforcement agency’s explorer program and who is performing functions other than those required to be performed by sworn law enforcement officers on behalf of a law enforcement agency while under the direct physical supervision of a sworn officer of that agency and wearing a uniform that bears at least one patch that clearly identifies the law enforcement agency that he or she represents. (d) “Law enforcement officer” includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in s. 943.10, and any county probation officer; an employee or agent of the Department of Corrections who supervises or provides services to inmates; an officer of the Florida Commission on Offender Review; a federal law enforcement officer as defined in s. 901.1505; and law enforcement personnel of the Fish and Wildlife Conservation Commission or the Department of Law Enforcement. (e) “Public transit employees or agents” means bus operators, train operators, revenue collectors, security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as described in s. 812.015(1)(l). (f) “Railroad special officer” means a person employed by a Class I, Class II, or Class III railroad and appointed or pending appointment by the Governor pursuant to s. 354.01. (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a railroad special officer, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, railroad special officer, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows: (a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years. (d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years. (3) Any person who is convicted of a battery State Statutes 639 under paragraph (2)(b) and, during the commission of the offense, such person possessed: (a) A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years. (b) A semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years. Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence. 784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses. (1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows: (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (2) For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Children and Families, persons employed at facilities licensed by the Department of Children and Families, and persons employed at facilities operated under a contract with the Department of Children and Families 784.071Assault or battery on a law enforcement officer; missing while in line of duty; blue alert. (1) At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met: (a) 1. A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or 2. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officer’s safety; (b) The suspect has fled the scene of the offense; (c) The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers; (d) A detailed description of the suspect’s vehicle, or other means of escape, or the license plate of the suspect’s vehicle is available for broadcasting; (e) Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and (f) If the law enforcement officer is missing, there is sufficient information available relating to the officer’s last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer. (2) (a) The blue alert shall be immediately disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state’s highways. (b) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign in lieu of the blue alert State Statutes 640 information, the agency responsible for displaying information on the highway message sign is not in violation of this section. 784.074 Assault or battery on sexually violent predators detention or commitment facility staff; reclassification of offenses. (1) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a staff member of a sexually violent predators detention or commitment facility as defined in part V of chapter 394, while the staff member is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows: (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of an aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (2) For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Children and Family Services, persons employed at facilities licensed by the Department of Children and Family Services, and persons employed at facilities operated under a contract with the Department of Children and Family Services. 784.075 Battery on detention or commitment facility staff or a juvenile probation officer. A person who commits a battery on a juvenile probation officer, as defined in s. 984.03 or s. 985.03, on other staff of a detention center or facility as defined in s. 984.03(19) or s. 985.03, or on a staff member of a commitment facility as defined in s. 985.03, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed includes persons employed by the Department of Juvenile Justice, persons employed at facilities licensed by the Department of Juvenile Justice, and persons employed at facilities operated under a contract with the Department of Juvenile Justice. 784.076 Battery on health services personnel. A juvenile who has been committed to or detained by the Department of Juvenile Justice pursuant to a court order, who commits battery upon a person who provides health services commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, the term "health services" means preventive, diagnostic, curative, or rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental health services. 784.078 Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. (1) As used in this section, the term “facility” means a state correctional institution defined in s. 944.02(8); a private correctional facility defined in s. 944.710 or under chapter 957; a county, municipal, or regional jail or other detention facility of local government under chapter 950 or chapter 951; or a secure facility operated and maintained by the Department of Corrections or the Department of Juvenile Justice. (2) (a) As used in this section, the term “employee” includes any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs, pursuant to part II of chapter 946. (b) “Employee” includes any person who is a parole examiner with the Florida Commission on Offender Review. (3) (a) It is unlawful for any person, while being detained in a facility and with intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility, to cause or attempt to cause such employee to come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or urine or feces, whether by throwing, tossing, or expelling such fluid or material. (b) Any person who violates paragraph (a) commits battery of a facility employee, a State Statutes 641 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784.08 Assault or battery on persons 65 years of age or older; reclassification of offenses; minimum sentence. (1) A person who is convicted of an aggravated assault or aggravated battery upon a person 65 years of age or older shall be sentenced to a minimum term of imprisonment of 3 years and fined not more than $10,000 and shall also be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof. (2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a person 65 years of age or older, regardless of whether he or she knows or has reason to know the age of the victim, the offense for which the person is charged shall be reclassified as follows: (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (3) Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. 784.081 Assault or battery on specified officials or employees; reclassification of offenses. (1) For purposes of this section, the term “sports official” means any person who serves as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as a sports official who may be known by another title, which sports official is duly registered by or is a member of a local, state, regional, or national organization that is engaged in part in providing education and training to sports officials. (2) Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any elected official or employee of: a school district; a private school; the Florida School for the Deaf and the Blind; a university lab school; a state university or any other entity of the state system of public education, as defined in s. 1000.04; a sports official; an employee or protective investigator of the Department of Children and Families; an employee of a lead community-based provider and its direct service contract providers; or an employee of the Department of Health or its direct service contract providers, when the person committing the offense knows or has reason to know the identity or position or employment of the victim, the offense for which the person is charged shall be reclassified as follows: (a) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (b) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. (c) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (d) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (3) An assault, aggravated assault, battery, or aggravated battery upon a sports official shall be reclassified pursuant to subsection (2) only if such offense is committed upon the sports official when he or she is actively participating as a sports official in an athletic contest or immediately following such athletic contest. 784.082 Assault or battery by a person who is being detained in a prison, jail, or other detention facility upon visitor or other detainee; reclassification of offenses. Whenever a person who is being detained in a prison, jail, or other detention facility is charged with committing an assault or aggravated assault or a battery or aggravated battery upon any visitor to the detention facility or upon any other detainee in the detention facility, the offense for which the person is charged shall be reclassified as follows: (1) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (2) In the case of aggravated assault, from a State Statutes 642 felony of the third degree to a felony of the second degree. (3) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (4) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. 784.083 Assault or battery on code inspectors. Whenever a person is charged with committing an assault or aggravated assault or a battery or aggravated battery upon a code inspector, as defined in s. 162.04(2), while the code inspector is engaged in the lawful performance of his or her duties and when the person committing the offense knows or has reason to know the identity or employment of the victim, the offense for which the person is charged shall be reclassified as follows: (1) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. (2) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. (3) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (4) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. 784.085 Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. (1) It is unlawful for any person, except a child as defined in this section, to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material. (2) Any person, except a child as defined in this section, who violates this section commits battery of a child, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) As used in this section, the term "child" means a person under 18 years of age. 787.01 Kidnapping; kidnapping of child under age 13, aggravating circumstances. (1) (a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 1. Hold for ransom or reward or as a shield or hostage. 2. Commit or facilitate commission of any felony. 3. Inflict bodily harm upon or to terrorize the victim or another person. 4. Interfere with the performance of any governmental or political function. (b) Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian. (2) A person who kidnaps a person is guilty of a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) A person who commits the offense of kidnapping upon a child under the age of 13 and who, in the course of committing the offense, commits one or more of the following: 1. Aggravated child abuse, as defined in s. 827.03; 2. Sexual battery, as defined in chapter 794, against the child; 3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5); 4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child; 5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or 6. A violation of s. 787.06(3)(g), relating to human trafficking, commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the life felony described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5. 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances. (1) (a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will. State Statutes 643 (b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian. (2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in 1subparagraphs 1.-5., commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. 1. Aggravated child abuse, as defined in s. 827.03; 2. Sexual battery, as defined in chapter 794, against the child; 3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5); 4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child; 5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or 6. A violation of s. 787.06(3)(g) relating to human trafficking. (b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5. 787.025 Luring or enticing a child. (1) As used in this section, the term: (a) "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. (b) "Dwelling" means a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging together therein at night, together with the curtilage thereof. (c) "Conveyance" means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or sleeping car. (d) "Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (2) (a) A person 18 years of age or older who intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person 18 years of age or older who, having been previously convicted of a violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A person 18 years of age or older who, having been previously convicted of a violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of another jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) It is an affirmative defense to a prosecution under this section that: (a) The person reasonably believed that his or her action was necessary to prevent the child from being seriously injured. (b) The person lured or enticed, or attempted to lure or entice, the child under the age of 12 into a structure, dwelling, or conveyance for a lawful purpose. (c) The person's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the child. 787.03 Interference with custody. (1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. State Statutes 644 775.082, s. 775.083, or s. 775.084. (2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent to deprive another person of his or her right to custody of the minor or incompetent person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A subsequently obtained court order for custody or visitation does not affect application of this section. (4) It is a defense that: (a) The defendant had reasonable cause to believe that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare. (b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that he or she was about to become the victim of an act of domestic violence as defined in s. 741.28, and the defendant had reasonable cause to believe that the action was necessary in order for the defendant to escape from, or protect himself or herself from, the domestic violence or to preserve the minor or incompetent person from exposure to the domestic violence. (c) The minor or incompetent person was taken away at his or her own instigation without enticement and without purpose to commit a criminal offense with or against the minor or incompetent person, and the defendant establishes that it was reasonable to rely on the instigating acts of the minor or incompetent person. (5) Proof that a person has not attained the age of 18 years creates the presumption that the defendant knew the minor’s age or acted in reckless disregard thereof. (6) (a) The offenses prescribed in subsections (1) and (2) do not apply in cases in which a person having a legal right to custody of a minor or incompetent person is the victim of any act of domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the minor or the incompetent person from danger to his or her welfare and seeks shelter from such acts or possible acts and takes with him or her the minor or incompetent person. (b) In order to gain the exception conferred by paragraph (a), a person who takes a minor or incompetent person under this subsection must: 1. Within 10 days after taking the minor or incompetent person, make a report to the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken, which report must include the name of the person taking the minor or incompetent person, the current address and telephone number of the person and minor or incompetent person, and the reasons the minor or incompetent person was taken. 2. Within a reasonable time after taking a minor, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542. 3. Inform the sheriff’s office or state attorney’s office for the county in which the minor or incompetent person resided at the time he or she was taken of any change of address or telephone number of the person and the minor or incompetent person. (c) 1. The current address and telephone number of the person and the minor or incompetent person which are contained in the report made to a sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect and copy records made confidential and exempt under this paragraph in the furtherance of that agency’s duties and responsibilities. 787.04 Removing minors from state or concealing minors contrary to state agency order or court order. (1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order. State Statutes 645 (2) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, after having received notice as required by law of the pendency of the action or proceeding, without the permission of the court in which the action or proceeding is pending. (3) It is unlawful for any person to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully conceal the location of a minor, during the pendency of a dependency proceeding affecting such minor or during the pendency of any investigation, action, or proceeding concerning the alleged abuse or neglect of such minor, after having received actual or constructive notice of the pendency of such investigation, action, or proceeding and without the permission of the state agency or court in which the investigation, action, or proceeding is pending. (4) It is unlawful for any person, who has carried beyond the limits of this state any minor whose custody is involved in any action or proceeding pending in this state pursuant to the order of the court in which the action or proceeding is pending or pursuant to the permission of the court, thereafter, to fail to produce the minor in the court or deliver the minor to the person designated by the court. (5) It is a defense under this section that a person who leads, takes, entices, or removes a minor beyond the limits of the state reasonably believes that his or her action was necessary to protect the minor from child abuse as defined in s. 827.03. (6) Any person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 787.05 Unlawfully obtaining labor or services. Any person who knowingly obtains the labor or services of a person by: (1) Causing or threatening to cause bodily injury to that person or another person; (2) Restraining or threatening to restrain that person or another person without lawful authority and against her or his will; or (3) Withholding that person's governmental records, identifying information, or other personal property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 787.06 Human trafficking. (1) (a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims’ funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate State Statutes 646 with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) “Coercion” means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) “Commercial sexual activity” means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) “Financial harm” includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d)“Human trafficking” means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person. (e) “Labor” means work of economic or financial value. (f) “Maintain” means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) “Obtain” means, in relation to labor or services, to secure performance thereof. (h) “Services” means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) “Sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) “Unauthorized alien” means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) “Venture” means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a) 1. For labor or services of any child under the age of 18 commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) 1. For labor or services of any child under the age of 18 who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e) 1. For labor or services who does so by the State Statutes 647 transfer or transport of any child under the age of 18 from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f) 1. For commercial sexual activity who does so by the transfer or transport of any child under the age of 18 from outside this state to within the state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within the state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child under the age of 18, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4) (a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, the term “permanently branded” means a mark on the individual’s body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of any provision of this section may be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of the victim’s age cannot be raised as a defense. (10) (a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety State Statutes 648 standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (d) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved from repeal through reenactment by the Legislature. (11) A victim’s lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. 787.07 Human smuggling. (1) A person who transports into this state an individual who the person knows, or should know, is illegally entering the United States from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person commits a separate offense for each individual he or she transports into this state in violation of this section. . 790.001 Definitions. As used in this chapter, except where the context otherwise requires: (1) “Antique firearm” means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (2) “Concealed firearm” means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person. (3) (a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. (b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical. (4) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include: (a) A device which is not designed, redesigned, used, or intended for use as a weapon; (b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device; (c) Any shotgun other than a short-barreled shotgun; or (d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game. (5) “Explosive” means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including: (a) Shotgun shells, cartridges, or ammunition for firearms; (b) Fireworks as defined in s. 791.01; (c) Smokeless propellant powder or small State Statutes 649 arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241; (d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons. The exclusions contained in paragraphs (a)-(d) do not apply to the term “explosive” as used in the definition of “firearm” in subsection (6). (6) “Firearm” means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. (7) “Indictment” means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted. (8) “Law enforcement officer” means: (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests; (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon; (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders; (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution; (e) All peace officers; (f) All state attorneys and United States attorneys and their respective assistants and investigators. (9) “Machine gun” means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger. (10) “Short-barreled shotgun” means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches. (11) “Short-barreled rifle” means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches. (12) “Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon. (13) “Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife. (14) “Electric weapon or device” means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. (15) “Dart-firing stun gun” means any device having one or more darts that are capable of delivering an electrical current. (16) “Readily accessible for immediate use” means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person. (17) “Securely encased” means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access. (18) “Sterile area” means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs. (19) “Ammunition” means an object consisting of all of the following: (a) A fixed metallic or nonmetallic hull or casing containing a primer. (b) One or more projectiles, one or more bullets, or shot. (c) Gunpowder. All of the specified components must be present for an object to be ammunition. State Statutes 650 790.01 Carrying concealed weapons. (1) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to: (a) A person who carries a concealed weapon, or a person who may lawfully possess a firearm and who carries a concealed firearm, on or about his or her person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to chapter 252 or declared by a local authority pursuant to chapter 870. As used in this subsection, the term “in the act of evacuating” means the immediate and urgent movement of a person away from the evacuation zone within 48 hours after a mandatory evacuation is ordered. The 48 hours may be extended by an order issued by the Governor. (b) A person who carries for purposes of lawful self-defense, in a concealed manner: 1. A self-defense chemical spray. 2. A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. (4) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense. 790.015 Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity. (1) Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or concealed firearm while in this state if the nonresident: (a) Is 21 years of age or older. (b) Has in his or her immediate possession a valid license to carry a concealed weapon or concealed firearm issued to the nonresident in his or her state of residence. (c) Is a resident of the United States. (2) A nonresident is subject to the same laws and restrictions with respect to carrying a concealed weapon or concealed firearm as a resident of Florida who is so licensed. (3) If the resident of another state who is the holder of a valid license to carry a concealed weapon or concealed firearm issued in another state establishes legal residence in this state by: (a) Registering to vote; (b) Making a statement of domicile pursuant to s. 222.17; or (c) Filing for homestead tax exemption on property in this state, the license shall remain in effect for 90 days following the date on which the holder of the license establishes legal state residence. (4) This section applies only to nonresident concealed weapon or concealed firearm licenseholders from states that honor Florida concealed weapon or concealed firearm licenses. (5) The requirement of paragraph (1)(a) does not apply to a person who: (a) Is a servicemember, as defined in s. 250.01; or (b) Is a veteran of the United States Armed Forces who was discharged under honorable conditions. 790.02 Officer to arrest without warrant and upon probable cause. The carrying of a concealed weapon is declared a breach of peace, and any officer authorized to make arrests under the laws of this state may make arrests without warrant of persons violating the provisions of s. 790.01 when said officer has reasonable grounds or probable cause to believe that the offense of carrying a concealed weapon is being committed. 790.051 Exemption from licensing requirements; law enforcement officers. Law enforcement officers are exempt from the licensing and penal provisions of this chapter when acting at any time within the scope or course of their official duties or when acting at any time in the line of or performance of duty. 790.052 Carrying concealed firearms; off-duty law enforcement officers. (1) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement State Statutes 651 officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations. However, nothing in this subsection shall be construed to limit the right of a law enforcement officer, correctional officer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or firearm license. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. 790.06 shall not be liable for the use of the firearm in such capacity. Nothing herein limits the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department. (2) The superior officer of any police department or sheriff's office or the Florida Highway Patrol, if he or she elects to direct the officers under his or her supervision to carry concealed firearms while off duty, shall file a statement with the governing body of such department of his or her instructions and requirements relating to the carrying of said firearms. 790.053 Open carrying of weapons. (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device. It is not a violation of this section for a person licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed manner, to briefly and openly display the firearm to the ordinary sight of another person, unless the firearm is intentionally displayed in an angry or threatening manner, not in necessary self-defense. (2) A person may openly carry, for purposes of lawful self-defense: (a) A self-defense chemical spray. (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes. (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 790.054 Prohibited use of self-defense weapon or device against law enforcement officer; penalties. A person who knowingly and willfully uses a self-defense chemical spray, a nonlethal stun gun or other nonlethal electric weapon or device, or a dart-firing stun gun against a law enforcement officer engaged in the performance of his or her duties commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 790.06 License to carry concealed weapon or firearm. (1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court. (2) The Department of Agriculture and Consumer Services shall issue a license if the applicant: (a) Is a resident of the United States and a State Statutes 652 citizen of the United States or a permanent resident alien of the United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country; (b) Is 21 years of age or older; (c) Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm; (d) Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been convicted of a felony; (e) Has not been: 1. Found guilty of a crime under the provisions of chapter 893 or similar laws of any other state relating to controlled substances within a 3-year period immediately preceding the date on which the application is submitted; or 2. Committed for the abuse of a controlled substance under chapter 397 or under the provisions of former chapter 396 or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to be committed for the abuse of a controlled substance under this subparagraph; (f) Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent that his or her normal faculties are impaired if the applicant has been convicted under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had two or more convictions under s. 316.193 or similar laws of any other state, within the 3-year period immediately preceding the date on which the application is submitted; (g) Desires a legal means to carry a concealed weapon or firearm for lawful self-defense; (h) Demonstrates competence with a firearm by any one of the following: 1. Completion of any hunter education or hunter safety course approved by the Fish and Wildlife Conservation Commission or a similar agency of another state; 2. Completion of any National Rifle Association firearms safety or training course; 3. Completion of any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, or private or public institution or organization or firearms training school, using instructors certified by the National Rifle Association, Criminal Justice Standards and Training Commission, or the Department of Agriculture and Consumer Services; 4. Completion of any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of a law enforcement agency or security enforcement; 5. Presents evidence of equivalent experience with a firearm through participation in organized shooting competition or military service; 6. Is licensed or has been licensed to carry a firearm in this state or a county or municipality of this state, unless such license has been revoked for cause; or 7. Completion of any firearms training or safety course or class conducted by a state-certified or National Rifle Association certified firearms instructor; A photocopy of a certificate of completion of any of the courses or classes; an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or evidences participation in firearms competition shall constitute evidence of qualification under this paragraph. A person who conducts a course pursuant to subparagraph 2., subparagraph 3., or subparagraph 7., or who, as an instructor, attests to the completion of such courses, must maintain records certifying that he or she observed the student safely handle and discharge the firearm in his or her physical presence and that the discharge of the firearm included live fire using a firearm and ammunition as defined in s. 790.001; (i) Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of any other state. An applicant State Statutes 653 who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the adjudication occurred is deemed not to have been adjudicated an incapacitated person under this paragraph; (j) Has not been committed to a mental institution under chapter 394, or similar laws of any other state. An applicant who has been granted relief from firearms disabilities pursuant to s. 790.065(2)(a)4.d. or pursuant to the law of the state in which the commitment occurred is deemed not to have been committed in a mental institution under this paragraph; (k) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or expunction has occurred; (l) Has not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been expunged; (m)Has not been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence; and (n) Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law. (3) The Department of Agriculture and Consumer Services shall deny a license if the applicant has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence constituting a misdemeanor, unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or the record has been sealed or expunged. The Department of Agriculture and Consumer Services shall revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had imposition of sentence suspended for one or more crimes of violence within the preceding 3 years. The department shall, upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement and subsequent written verification, suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such person from having a license under this section, until final disposition of the case. The department shall suspend a license or the processing of an application for a license if the licensee or applicant is issued an injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of repeat violence. (4) The application shall be completed, under oath, on a form adopted by the Department of Agriculture and Consumer Services and shall include: (a) The name, address, place of birth, date of birth, and race of the applicant; (b) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3); (c) A statement that the applicant has been furnished a copy of or a website link to this chapter and is knowledgeable of its provisions; (d) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under s. 837.06; (e) A statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense; and (f) Directions for an applicant who is a servicemember, as defined in s. 250.01, or a veteran, as defined in s. 1.01, to request expedited processing of his or her application. (5) The applicant shall submit to the Department of Agriculture and Consumer Services or an approved tax collector pursuant to s. 790.0625: (a) A completed application as described in subsection (4). (b) A nonrefundable license fee of up to $55 if he or she has not previously been issued a statewide license or of up to $45 for renewal of a statewide license. The cost of processing fingerprints as required in paragraph (c)shall be borne by the applicant. However, an individual holding an active certification from the Criminal Justice Standards and Training Commission as a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is exempt from the licensing requirements of this section. If such individual wishes to receive a concealed weapon or firearm license, he or she is exempt from the State Statutes 654 background investigation and all background investigation fees but must pay the current license fees regularly required to be paid by nonexempt applicants. Further, a law enforcement officer, a correctional officer, or a correctional probation officer as defined in s. 943.10(1), (2), or (3) is exempt from the required fees and background investigation for 1 year after his or her retirement. (c) A full set of fingerprints of the applicant administered by a law enforcement agency or the Division of Licensing of the Department of Agriculture and Consumer Services or an approved tax collector pursuant to s. 790.0625 together with any personal identifying information required by federal law to process fingerprints. Charges for fingerprint services under this paragraph are not subject to the sales tax on fingerprint services imposed in s. 212.05(1)(i). (d) A photocopy of a certificate, affidavit, or document as described in paragraph (2)(h). (e) A full frontal view color photograph of the applicant taken within the preceding 30 days, in which the head, including hair, measures 7/8 of an inch wide and 11/8 inches high. (f) For expedited processing of an application: 1. A servicemember shall submit a copy of the Common Access Card, United States Uniformed Services Identification Card, or current deployment orders. 2. A veteran shall submit a copy of the DD Form 214, issued by the United States Department of Defense, or another acceptable form of identification as specified by the Department of Veterans’ Affairs. (6) (a) The Department of Agriculture and Consumer Services, upon receipt of the items listed in subsection (5), shall forward the full set of fingerprints of the applicant to the Department of Law Enforcement for state and federal processing, provided the federal service is available, to be processed for any criminal justice information as defined in s. 943.045. The cost of processing such fingerprints shall be payable to the Department of Law Enforcement by the Department of Agriculture and Consumer Services. (b) The sheriff’s office shall provide fingerprinting service if requested by the applicant and may charge a fee not to exceed $5 for this service. (c) The Department of Agriculture and Consumer Services shall, within 90 days after the date of receipt of the items listed in subsection (5): 1. Issue the license; or 2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in subsection (2) or subsection (3). If the Department of Agriculture and Consumer Services denies the application, it shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to chapter 120. 3. In the event the department receives criminal history information with no final disposition on a crime which may disqualify the applicant, the time limitation prescribed by this paragraph may be suspended until receipt of the final disposition or proof of restoration of civil and firearm rights. (d) In the event a legible set of fingerprints, as determined by the Department of Agriculture and Consumer Services or the Federal Bureau of Investigation, cannot be obtained after two attempts, the Department of Agriculture and Consumer Services shall determine eligibility based upon the name checks conducted by the Florida Department of Law Enforcement. (e) A consular security official of a foreign government that maintains diplomatic relations and treaties of commerce, friendship, and navigation with the United States and is certified as such by the foreign government and by the appropriate embassy in this country must be issued a license within 20 days after the date of the receipt of a completed application, certification document, color photograph as specified in paragraph (5)(e), and a nonrefundable license fee of $300. Consular security official licenses shall be valid for 1 year and may be renewed upon completion of the application process as provided in this section. (f) The Department of Agriculture and Consumer Services shall, upon receipt of a completed application and the identifying information required under paragraph (5)(f), expedite the processing of a servicemember’s or a veteran’s concealed weapon or firearm license application. (7) The Department of Agriculture and Consumer Services shall maintain an automated listing of licenseholders and pertinent information, and such information State Statutes 655 shall be available online, upon request, at all times to all law enforcement agencies through the Florida Crime Information Center. (8) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the Department of Agriculture and Consumer Services of such change. Failure to notify the Department of Agriculture and Consumer Services pursuant to the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25. (9) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the same was issued may, upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the Department of Agriculture and Consumer Services that such license has been lost or destroyed. (10) A license issued under this section shall be suspended or revoked pursuant to chapter 120 if the licensee: (a) Is found to be ineligible under the criteria set forth in subsection (2); (b) Develops or sustains a physical infirmity which prevents the safe handling of a weapon or firearm; (c) Is convicted of a felony which would make the licensee ineligible to possess a firearm pursuant to s. 790.23; (d) Is found guilty of a crime under the provisions of chapter 893, or similar laws of any other state, relating to controlled substances; (e) Is committed as a substance abuser under chapter 397, or is deemed a habitual offender under s. 856.011(3), or similar laws of any other state; (f) Is convicted of a second violation of s. 316.193, or a similar law of another state, within 3 years after a first conviction of such section or similar law of another state, even though the first violation may have occurred before the date on which the application was submitted; (g) Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other state; or (h) Is committed to a mental institution under chapter 394, or similar laws of any other state. Notwithstanding s. 120.60(5), service of a notice of the suspension or revocation of a concealed weapon or firearm license must be given by either certified mail, return receipt requested, to the licensee at his or her last known mailing address furnished to the Department of Agriculture and Consumer Services, or by personal service. If a notice given by certified mail is returned as undeliverable, a second attempt must be made to provide notice to the licensee at that address, by either first-class mail in an envelope, postage prepaid, addressed to the licensee at his or her last known mailing address furnished to the department, or, if the licensee has provided an e-mail address to the department, by e-mail. Such mailing by the department constitutes notice, and any failure by the licensee to receive such notice does not stay the effective date or term of the suspension or revocation. A request for hearing must be filed with the department within 21 days after notice is received by personal delivery, or within 26 days after the date the department deposits the notice in the United States mail (21 days plus 5 days for mailing). The department shall document its attempts to provide notice, and such documentation is admissible in the courts of this state and constitutes sufficient proof that notice was given. (11) (a) At least 90 days before the expiration date of the license, the Department of Agriculture and Consumer Services shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the Department of Agriculture and Consumer Services. The licensee must renew his or her license on or before the expiration date by filing with the Department of Agriculture and Consumer Services the renewal form containing an affidavit submitted under oath and under penalty of perjury stating that the licensee remains qualified pursuant to the criteria specified in subsections (2) and (3), a color photograph as specified in paragraph (5)(e), and the required renewal fee. Out-of-state residents must also submit a complete set of fingerprints and fingerprint processing fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, fingerprints. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his or her license by paying a late fee of $15. A license may not be renewed 180 days or more after its expiration date, and such a license is State Statutes 656 deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees under subsection (5) must be submitted, and a background investigation shall be conducted pursuant to this section. A person who knowingly files false information under this subsection is subject to criminal prosecution under s. 837.06. (b) A license issued to a servicemember, as defined in s. 250.01, is subject to paragraph (a); however, such a license does not expire while the servicemember is serving on military orders that have taken him or her over 35 miles from his or her residence and shall be extended, as provided in this paragraph, for up to 180 days after his or her return to such residence. If the license renewal requirements in paragraph (a) a r e m e t within the 180-day extension period, the servicemember may not be charged any additional costs, such as, but not limited to, late fees or delinquency fees, above the normal license fees. The servicemember must present to the Department of Agriculture and Consumer Services a copy of his or her official military orders or a written verification from the member’s commanding officer before the end of the 180-day period in order to qualify for the extension. (12) (a) A license issued under this section does not authorize any person to openly carry a handgun or carry a concealed weapon or firearm into: 1. Any place of nuisance as defined in s. 823.05; 2. Any police, sheriff, or highway patrol station; 3. Any detention facility, prison, or jail; 4. Any courthouse; 5. Any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; 6. Any polling place; 7. Any meeting of the governing body of a county, public school district, municipality, or special district; 8. Any meeting of the Legislature or a committee thereof; 9. Any school, college, or professional athletic event not related to firearms; 10.Any elementary or secondary school facility or administration building; 11.Any career center; 12.Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; 13.Any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; 14.The inside of the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or 15.Any place where the carrying of firearms is prohibited by federal law. (b) A person licensed under this section shall not be prohibited from carrying or storing a firearm in a vehicle for lawful purposes. (c) This section does not modify the terms or conditions of s. 790.251(7). (d) Any person who knowingly and willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (13) All moneys collected by the department pursuant to this section shall be deposited in the Division of Licensing Trust Fund, and the Legislature shall appropriate from the fund those amounts deemed necessary to administer the provisions of this section. All revenues collected, less those costs determined by the Department of Agriculture and Consumer Services to be nonrecurring or one-time costs, shall be deferred over the 7-year licensure period. Notwithstanding the provisions of s. 493.6117, all moneys collected pursuant to this section shall not revert to the General Revenue Fund; however, this shall not abrogate the requirement for payment of the service charge imposed pursuant to chapter 215. (14) All funds received by the sheriff pursuant to the provisions of this section shall be deposited into the general revenue fund of the county and shall be budgeted to the sheriff. (15) The Legislature finds as a matter of State Statutes 657 public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons and firearms for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons or firearms for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied his or her rights. The Department of Agriculture and Consumer Services shall implement and administer the provisions of this section. The Legislature does not delegate to the Department of Agriculture and Consumer Services the authority to regulate or restrict the issuing of licenses provided for in this section, beyond those provisions contained in this section. Subjective or arbitrary actions or rules which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this section or which create restrictions beyond those specified in this section are in conflict with the intent of this section and are prohibited. This section shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supplemental and additional to existing rights to bear arms, and nothing in this section shall impair or diminish such rights. (16) The Department of Agriculture and Consumer Services shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied. (17) As amended by chapter 87-24, Laws of Florida, this section shall be known and may be cited as the “Jack Hagler Self Defense Act.” 790.061 Judges and justices; exceptions from licensure provisions. A county court judge, circuit court judge, district court of appeal judge, justice of the supreme court, federal district court judge, or federal court of appeals judge serving in this state is not required to comply with the provisions of s. 790.06 in order to receive a license to carry a concealed weapon or firearm, except that any such justice or judge must comply with the provisions of s. 790.06(2)(h). The Department of Agriculture and Consumer Services shall issue a license to carry a concealed weapon or firearm to any such justice or judge upon demonstration of competence of the justice or judge pursuant to s. 790.06(2)(h). 790.065 Sale and delivery of firearms. (1) (a) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until she or he has: 1. Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee. 2. Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The fee shall be established by the Department of Law Enforcement and may not exceed $8 per transaction. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System. The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement. All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section. The Department of Law Enforcement, each year prior to February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the State Statutes 658 appropriations committees of each house of the Legislature. In the event that the cumulative amount of funds collected exceeds the cumulative amount of expenditures by more than $2.5 million, excess funds may be used for the purpose of purchasing soft body armor for law enforcement officers. 3. Requested, by means of a toll-free telephone call, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request. 4. Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form. (b) However, if the person purchasing, or receiving delivery of, the firearm is a holder of a valid concealed weapons or firearms license pursuant to the provisions of s. 790.06 or holds an active certification from the Criminal Justice Standards and Training Commission as a “law enforcement officer,” a “correctional officer,” or a “correctional probation officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), this subsection does not apply. (c) This subsection does not apply to the purchase, trade, or transfer of a rifle or shotgun by a resident of this state when the resident makes such purchase, trade, or transfer from a licensed importer, licensed manufacturer, or licensed dealer in another state. (2) Upon receipt of a request for a criminal history record check, the Department of Law Enforcement shall, during the licensee’s call or by return call, forthwith: (a) Review any records available to determine if the potential buyer or transferee: 1. Has been convicted of a felony and is prohibited from receipt or possession of a firearm pursuant to s. 790.23; 2. Has been convicted of a misdemeanor crime of domestic violence, and therefore is prohibited from purchasing a firearm; 3. Has had adjudication of guilt withheld or imposition of sentence suspended on any felony or misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred; or 4. Has been adjudicated mentally defective or has been committed to a mental institution by a court or as provided in sub-sub-subparagraph b.(II), and as a result is prohibited by state or federal law from purchasing a firearm. a. As used in this subparagraph, “adjudicated mentally defective” means a determination by a court that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is a danger to himself or herself or to others or lacks the mental capacity to contract or manage his or her own affairs. The phrase includes a judicial finding of incapacity under s. 744.331(6)(a), an acquittal by reason of insanity of a person charged with a criminal offense, and a judicial finding that a criminal defendant is not competent to stand trial. b. As used in this subparagraph, “committed to a mental institution” means: (I) Involuntary commitment, commitment for mental defectiveness or mental illness, and commitment for substance abuse. The phrase includes involuntary inpatient placement as defined in s. 394.467, involuntary outpatient placement as defined in s. 394.4655, involuntary assessment and stabilization under s. 397.6818, and involuntary substance abuse treatment under s. 397.6957, but does not include a person in a mental institution for observation or discharged from a mental institution based upon the initial review by the physician or a voluntary admission to a mental institution; or (II) N o t w i t h s t a n d i n g sub-sub-subparagraph (I), voluntary admission to a mental institution for outpatient or inpatient treatment of a person who had an involuntary examination under s. 394.463, where each of the following conditions have been met: (A)An examining physician found that the person is an imminent danger to himself or herself or others. (B)The examining physician certified that if the person did not agree to voluntary treatment, a petition for involuntary outpatient or inpatient treatment would have been filed under s. 394.463(2)(g)4., or the examining physician certified that a petition was filed and the person subsequently agreed to voluntary treatment prior to a State Statutes 659 court hearing on the petition. (C)Before agreeing to voluntary treatment, the person received written notice of that finding and certification, and written notice that as a result of such finding, he or she may be prohibited from purchasing a firearm, and may not be eligible to apply for or retain a concealed weapon or firearms license under s. 790.06 and the person acknowledged such notice in writing, in substantially the following form: “I understand that the doctor who examined me believes I am a danger to myself or to others. I understand that if I do not agree to voluntary treatment, a petition will be filed in court to require me to receive involuntary treatment. I understand that if that petition is filed, I have the right to contest it. In the event a petition has been filed, I understand that I can subsequently agree to voluntary treatment prior to a court hearing. I understand that by agreeing to voluntary treatment in either of these situations, I may be prohibited from buying firearms and from applying for or retaining a concealed weapons or firearms license until I apply for and receive relief from that restriction under Florida law.” (D)A judge or a magistrate has, pursuant to sub-sub-subparagraph c.(II), reviewed the record of the finding, certification, notice, and written acknowledgment classifying the person as an imminent danger to himself or herself or others, and ordered that such record be submitted to the department. c. In order to check for these conditions, the department shall compile and maintain an automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions. (I) Except as provided in sub-sub-subparagraph (II), clerks of court shall submit these records to the department within 1 month after the rendition of the adjudication or commitment. Reports shall be submitted in an automated format. The reports must, at a minimum, include the name, along with any known alias or former name, the sex, and the date of birth of the subject. (II) For persons committed to a mental institution pursuant to sub-sub-subparagraph b.(II), within 24 hours after the person’s agreement to voluntary admission, a record of the finding, certification, notice, and written acknowledgment must be filed by the administrator of the receiving or treatment facility, as defined in s. 394.455, with the clerk of the court for the county in which the involuntary examination under s. 394.463 occurred. No fee shall be charged for the filing under this sub-sub-subparagraph. The clerk must present the records to a judge or magistrate within 24 hours after receipt of the records. A judge or magistrate is required and has the lawful authority to review the records ex parte and, if the judge or magistrate determines that the record supports the classifying of the person as an imminent danger to himself or herself or others, to order that the record be submitted to the department. If a judge or magistrate orders the submittal of the record to the department, the record must be submitted to the department within 24 hours. d. A person who has been adjudicated mentally defective or committed to a mental institution, as those terms are defined in this paragraph, may petition the court that made the adjudication or commitment, or the court that ordered that the record be submitted to the department pursuant to sub-sub-subparagraph c.(II), for relief from the firearm disabilities imposed by such adjudication or commitment. A copy of the petition shall be served on the state attorney for the county in which the person was adjudicated or committed. The state attorney may object to and present evidence relevant to the relief sought by the petition. The hearing on the petition may be open or closed as the petitioner may choose. The petitioner may present evidence and subpoena witnesses to appear at the hearing on the petition. The petitioner may confront and cross-examine witnesses called by the state attorney. A record of the hearing shall be made by a certified court reporter or by court-approved electronic means. The court shall make written findings of fact and conclusions of law on the issues before it and issue a final order. The court shall grant the relief requested in the petition if the court finds, based on the evidence presented with respect to State Statutes 660 the petitioner’s reputation, the petitioner’s mental health record and, if applicable, criminal history record, the circumstances surrounding the firearm disability, and any other evidence in the record, that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest. If the final order denies relief, the petitioner may not petition again for relief from firearm disabilities until 1 year after the date of the final order. The petitioner may seek judicial review of a final order denying relief in the district court of appeal having jurisdiction over the court that issued the order. The review shall be conducted de novo. Relief from a firearm disability granted under this sub-subparagraph has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication of mental defectiveness or commitment to a mental institution from which relief is granted. e. Upon receipt of proper notice of relief from firearm disabilities granted under sub-subparagraph d., the department shall delete any mental health record of the person granted relief from the automated database of persons who are prohibited from purchasing a firearm based on court records of adjudications of mental defectiveness or commitments to mental institutions. f. The department is authorized to disclose data collected pursuant to this subparagraph to agencies of the Federal Government and other states for use exclusively in determining the lawfulness of a firearm sale or transfer. The department is also authorized to disclose this data to the Department of Agriculture and Consumer Services for purposes of determining eligibility for issuance of a concealed weapons or concealed firearms license and for determining whether a basis exists for revoking or suspending a previously issued license pursuant to s. 790.06(10). When a potential buyer or transferee appeals a nonapproval based on these records, the clerks of court and mental institutions shall, upon request by the department, provide information to help determine whether the potential buyer or transferee is the same person as the subject of the record. Photographs and any other data that could confirm or negate identity must be made available to the department for such purposes, notwithstanding any other provision of state law to the contrary. Any such information that is made confidential or exempt from disclosure by law shall retain such confidential or exempt status when transferred to the department. (b) Inform the licensee making the inquiry either that records demonstrate that the buyer or transferee is so prohibited and provide the licensee a nonapproval number, or provide the licensee with a unique approval number. (c) 1. Review any records available to it to determine whether the potential buyer or transferee has been indicted or has had an information filed against her or him for an offense that is a felony under either state or federal law, or, as mandated by federal law, has had an injunction for protection against domestic violence entered against the potential buyer or transferee under s. 741.30, has had an injunction for protection against repeat violence entered against the potential buyer or transferee under s. 784.046, or has been arrested for a dangerous crime as specified in s. 907.041(4)(a) o r f o r any of the following enumerated offenses: a. Criminal anarchy under ss. 876.01 and 876.02. b. Extortion under s. 836.05. c. Explosives violations under s. 552.22(1) and (2). d. Controlled substances violations under chapter 893. e. Resisting an officer with violence under s. 843.01. f. Weapons and firearms violations under this chapter. g. Treason under s. 876.32. h. Assisting self-murder under s. 782.08. i. Sabotage under s. 876.38. j. Stalking or aggravated stalking under s. 784.048. If the review indicates any such indictment, information, or arrest, the department shall provide to the licensee a conditional nonapproval number. 2. Within 24 working hours, the department shall determine the disposition of the indictment, information, or arrest and inform the licensee as to whether the potential buyer is prohibited from receiving or possessing a firearm. For State Statutes 661 purposes of this paragraph, “working hours” means the hours from 8 a.m. to 5 p.m. Monday through Friday, excluding legal holidays. 3. The office of the clerk of court, at no charge to the department, shall respond to any department request for data on the disposition of the indictment, information, or arrest as soon as possible, but in no event later than 8 working hours. 4. The department shall determine as quickly as possible within the allotted time period whether the potential buyer is prohibited from receiving or possessing a firearm. 5. If the potential buyer is not so prohibited, or if the department cannot determine the disposition information within the allotted time period, the department shall provide the licensee with a conditional approval number. 6. If the buyer is so prohibited, the conditional nonapproval number shall become a nonapproval number. 7. The department shall continue its attempts to obtain the disposition information and may retain a record of all approval numbers granted without sufficient disposition information. If the department later obtains disposition information which indicates: a. That the potential buyer is not prohibited from owning a firearm, it shall treat the record of the transaction in accordance with this section; or b. That the potential buyer is prohibited from owning a firearm, it shall immediately revoke the conditional approval number and notify local law enforcement. 8. During the time that disposition of the indictment, information, or arrest is pending and until the department is notified by the potential buyer that there has been a final disposition of the indictment, information, or arrest, the conditional nonapproval number shall remain in effect. (3) In the event of scheduled computer downtime, electronic failure, or similar emergency beyond the control of the Department of Law Enforcement, the department shall immediately notify the licensee of the reason for, and estimated length of, such delay. After such notification, the department shall forthwith, and in no event later than the end of the next business day of the licensee, either inform the requesting licensee if its records demonstrate that the buyer or transferee is prohibited from receipt or possession of a firearm pursuant to Florida and Federal law or provide the licensee with a unique approval number. Unless notified by the end of said next business day that the buyer or transferee is so prohibited, and without regard to whether she or he has received a unique approval number, the licensee may complete the sale or transfer and shall not be deemed in violation of this section with respect to such sale or transfer. (4) (a) Any records containing any of the information set forth in subsection (1) pertaining to a buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of Florida and federal law which records are created by the Department of Law Enforcement to conduct the criminal history record check shall be confidential and exempt from the provisions of s. 119.07(1) and may not be disclosed by the Department of Law Enforcement or any officer or employee thereof to any person or to another agency. The Department of Law Enforcement shall destroy any such records forthwith after it communicates the approval and nonapproval numbers to the licensee and, in any event, such records shall be destroyed within 48 hours after the day of the response to the licensee’s request. (b) Notwithstanding the provisions of this subsection, the Department of Law Enforcement may maintain records of NCIC transactions to the extent required by the Federal Government, and may maintain a log of dates of requests for criminal history records checks, unique approval and nonapproval numbers, license identification numbers, and transaction numbers corresponding to such dates for a period of not longer than 2 years or as otherwise required by law. (c) Nothing in this chapter shall be construed to allow the State of Florida to maintain records containing the names of purchasers or transferees who receive unique approval numbers or to maintain records of firearm transactions. (d) Any officer or employee, or former officer or employee of the Department of Law Enforcement or law enforcement agency who intentionally and maliciously violates the provisions of this subsection commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083. State Statutes 662 (5) The Department of Law Enforcement shall establish a toll-free telephone number which shall be operational 7 days a week with the exception of Christmas Day and New Year’s Day, for a period of 12 hours a day beginning at 9 a.m. and ending at 9 p.m., for purposes of responding to inquiries as described in this section from licensed manufacturers, licensed importers, and licensed dealers. The Department of Law Enforcement shall employ and train such personnel as are necessary expeditiously to administer the provisions of this section. (6) Any person who is denied the right to receive or purchase a firearm as a result of the procedures established by this section may request a criminal history records review and correction in accordance with the rules promulgated by the Department of Law Enforcement. (7) It shall be unlawful for any licensed dealer, licensed manufacturer, or licensed importer willfully and intentionally to request criminal history record information under false pretenses, or willfully and intentionally to disseminate criminal history record information to any person other than the subject of such information. Any person convicted of a violation of this subsection commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083. (8) The Department of Law Enforcement shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this section. (9) This section shall become effective at such time as the Department of Law Enforcement has notified all licensed importers, licensed manufacturers, and licensed dealers in writing that the procedures and toll-free number described in this section are operational. This section shall remain in effect only during such times as the procedures described in subsection (2) remain operational. (10) A licensed importer, licensed manufacturer, or licensed dealer is not required to comply with the requirements of this section in the event of: (a) Unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of said premises; or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or (b) Failure of the Department of Law Enforcement to comply with the requirements of subsections (2) and (3). (11) Compliance with the provisions of this chapter shall be a complete defense to any claim or cause of action under the laws of any state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year, of any firearm which has been shipped or transported in interstate or foreign commerce. The Department of Law Enforcement, its agents and employees shall not be liable for any claim or cause of action under the laws of any state for liability for damages arising from its actions in lawful compliance with this section. (12) (a) Any potential buyer or transferee who willfully and knowingly provides false information or false or fraudulent identification commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083. (b) Any licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1) commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083. (c) Any employee or agency of a licensed importer, licensed manufacturer, or licensed dealer who violates the provisions of subsection (1) commits a felony of the third degree punishable as provided in s. 775.082 or s. 775.083. (d) Any person who knowingly acquires a firearm through purchase or transfer intended for the use of a person who is prohibited by state or federal law from possessing or receiving a firearm commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (13) This section does not apply to employees of sheriff’s offices, municipal police departments, correctional facilities or agencies, or other criminal justice or governmental agencies when the purchases or transfers are made on behalf of an employing agency for official law enforcement purposes. State Statutes 663 790.0655 Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties. (1) (a) There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. "Purchase" means the transfer of money or other valuable consideration to the retailer. "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13). (b) Records of handgun sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours. (2) The 3-day waiting period shall not apply in the following circumstances: (a) When a handgun is being purchased by a holder of a concealed weapons permit as defined in s. 790.06. (b) To a trade-in of another handgun. (3) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084: (a) For any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject to the exceptions provided in subsection (2). (b) For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation. 790.07 Persons engaged in criminal offense, having weapons. (1) Whoever, while committing or attempting to commit any felony or while under indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or device or carries a concealed weapon is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever, while committing or attempting to commit any felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed firearm is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, and s. 775.084. (3) The following crimes are excluded from application of this section: Antitrust violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy, or other similar offenses. (4) Whoever, having previously been convicted of a violation of subsection (1) or subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or carries a concealed firearm while committing or attempting to commit any felony or while under indictment is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Sentence shall not be suspended or deferred under the provisions of this subsection. 790.08 Taking possession of weapons and arms; reports; disposition; custody. (1) Every officer making an arrest under s. 790.07, or under any other law or municipal ordinance within the state, shall take possession of any weapons, electric weapons or devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them to the sheriff of the county, or the chief of police of the municipality wherein the arrest is made, who shall retain the same until after the trial of the person arrested. (2) If the person arrested as aforesaid is convicted of violating s. 790.07, or of a similar offense under any municipal ordinance, or any other offense involving the use or attempted use of such weapons, electric weapons or devices, or arms, such weapons, electric weapons or devices, or arms shall become forfeited to the state, without any order of forfeiture being necessary, although the making of such an order shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be forthwith delivered to the sheriff by the chief of police or other person having custody thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons or devices, and arms for the state. (3) If the person arrested as aforesaid is acquitted of the offenses mentioned in subsection (2), the said weapons, electric weapons or devices, or arms taken from the person as aforesaid shall be returned to him or her; however, if he or she fails to call for or receive the same within 60 days from and after his or her acquittal or the dismissal of the charges against him or her, the same shall be delivered to the sheriff as aforesaid State Statutes 664 to be held by the sheriff as hereinafter provided. This subsection shall likewise apply to persons and their weapons, electric weapons or devices, or arms who have heretofore been acquitted or the charges against them dismissed. (4) All such weapons, electric weapons or devices, and arms now in, or hereafter coming into, the hands of any of the peace officers of this state or any of its political subdivisions, which have been found abandoned or otherwise discarded, or left in their hands and not reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the sheriff of the county aforesaid. (5) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof within 6 months from the date the same come into the hands of the said sheriff, become forfeited to the state, and no action or proceeding for their recovery shall thereafter be maintained in this state. (6) Weapons, electric weapons or devices, and arms coming into the hands of the sheriff as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or all such weapons, electric weapons or devices, and arms suitable for use by the sheriff may be so used. All such weapons, electric weapons or devices, and arms not needed by the said sheriff may be loaned to any other department of the state or to any county or municipality having use for such weapons, electric weapons or devices, and arms. The sheriff shall take the receipt of such other department, county, or municipality for such weapons, electric weapons or devices, and arms loaned to them. All weapons, electric weapons or devices, and arms which are not needed or which are useless or unfit for use shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as provided in the Florida Contraband Forfeiture Act. All sums received from the sale or other disposition of the said weapons, electric weapons or devices, or arms disposed of by the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the benefit of the State School Fund and shall become a part thereof. All sums received from the sale or other disposition of any such weapons, electric weapons or devices, or arms disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed as provided therein. (7) This section does not apply to any municipality in any county having home rule under the State Constitution. 790.09 Manufacturing or selling metallic knuckles. Whoever manufactures or causes to be manufactured or sells or exposes for sale any instrument or weapon of the kind usually known as metallic knuckles commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 790.10 Improper exhibition of dangerous weapons or firearms. If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions. (1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner. (2) (a) A person shall not possess any firearm, electric weapon or device, State Statutes 665 destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop; however, a person may carry a firearm: 1. In a case to a firearms program, class or function which has been approved in advance by the principal or chief administrative officer of the school as a program or class to which firearms could be carried; 2. In a case to a career center having a firearms training range; or 3. In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written and published policies that waive the exception in this subparagraph for purposes of student and campus parking privileges. For the purposes of this section, "school" means any preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic. (b) A person who willfully and knowingly possesses any electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade or box cutter, except as authorized in support of school-sanctioned activities, in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) 1. A person who willfully and knowingly possesses any firearm in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A person who stores or leaves a loaded firearm within the reach or easy access of a minor who obtains the firearm and commits a violation of subparagraph 1. commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; except that this does not apply if the firearm was stored or left in a securely locked box or container or in a location which a reasonable person would have believed to be secure, or was securely locked with a firearm-mounted push-button combination lock or a trigger lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to members of the Armed Forces, National Guard, or State Militia, or to police or other law enforcement officers, with respect to firearm possession by a minor which occurs during or incidental to the performance of their official duties. (d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to any law enforcement officer as defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14). (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age who is charged under this section with possessing or discharging a firearm on school property shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a probable cause hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention for a period of 21 days, during which time the minor shall receive medical, psychiatric, psychological, or substance abuse examinations pursuant to s. 985.18, and a written report shall be completed. 790.15 Discharging firearm in public or on residential property. (1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. State Statutes 666 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service. (2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply: (a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm; (b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or (c) To a person who accidentally discharges a firearm. 790.151 Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties. (1) As used in ss. 790.151-790.157, to "use a firearm" means to discharge a firearm or to have a firearm readily accessible for immediate discharge. (2) For the purposes of this section, "readily accessible for immediate discharge" means loaded and in a person's hand. (3) It is unlawful and punishable as provided in subsection (4) for any person who is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state. (4) Any person who violates subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) This section does not apply to persons exercising lawful self-defense or defense of one's property. 790.153 Tests for impairment or intoxication; right to refuse. (1) (a) Any person who uses a firearm within this state shall submit to an approved chemical or physical breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of controlled substances, if there is probable cause to believe that the person was using a firearm while under the influence of alcoholic beverages or controlled substances or that the person is lawfully arrested for any offense allegedly committed while he or she was using a firearm while under the influence of alcoholic beverages or controlled substances. The breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has probable cause to believe such person was using the firearm within this state while under the influence of alcoholic beverages. The urine test shall be incidental to a lawful arrest and administered at a detention facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has probable cause to believe such person was using a firearm within this state while under the influence of controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding. This section shall not hinder the taking of a mandatory blood test as outlined in s. 790.155. (b) If the arresting officer does not request a chemical or physical test of the person arrested for any offense allegedly committed State Statutes 667 while the person was using a firearm while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person's breath for the purpose of determining the alcoholic content of the person's blood or a chemical test of urine or blood for the purpose of determining the presence of controlled substances; and, if so requested, the arresting officer shall have the test performed. (c) The provisions of s. 316.1932(1)(f), relating to administration of tests for determining the weight of alcohol in the defendant's blood, additional tests at the defendant's expense, availability of test information to the defendant or the defendant's attorney, and liability of medical institutions and persons administering such tests are incorporated into this act. (2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151 upon request for such information. 790.155 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force. (1) (a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s. 790.153, if a law enforcement officer has probable cause to believe that a firearm used by a person under the influence of alcoholic beverages or controlled substances has caused the death or serious bodily injury of a human being, such person shall submit, upon the request of a law enforcement officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. (b) The term "serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (2) The provisions of s. 316.1933(2), relating to blood tests for impairment or intoxication, are incorporated into this act. (3) (a) Any criminal charge resulting from the incident giving rise to the officer's demand for testing should be tried concurrently with a charge of any violation of s. 790.151. If such charges are tried separately, the fact that such person refused, resisted, obstructed, or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testing. (b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance. (4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 790.151 upon request for such information. 790.157 Presumption of impairment; testing methods. (1) It is unlawful and punishable as provided in s. 790.151 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties are impaired, to use a firearm in this state. (2) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while using a firearm while under the influence of alcoholic beverages or controlled substances, when affected to the extent that his or her normal faculties were impaired or to the extent that the person was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 790.153 or s. 790.155 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood State Statutes 668 or chemical or physical analysis of the person's breath, shall give rise to the following presumptions: (a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (b) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (c) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood. The foregoing provisions of this subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. (3) A chemical analysis of a person's blood to determine its alcoholic content or a chemical or physical analysis of a person's breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Florida Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid. The Florida Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification and competence of individuals to conduct such analyses, and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department. (4) Any person charged with using a firearm while under the influence of alcoholic beverages or controlled substances to the extent that his or her normal faculties were impaired, whether in a municipality or not, shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure. 790.16 Discharging machine guns; penalty. (1) It is unlawful for any person to shoot or discharge any machine gun upon, across, or along any road, street, or highway in the state; upon or across any public park in the state; or in, upon, or across any public place where people are accustomed to assemble in the state. The discharge of such machine gun in, upon, or across such public street; in, upon, or across such public park; or in, upon, or across such public place, whether indoors or outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any person or with intent to do damage to property not resulting in the death of another person shall be a felony of the first degree, punishable as provided in s. 775.082. A sentence not exceeding life imprisonment is specifically authorized when great bodily harm to another or serious disruption of governmental operations results. (2) This section shall not apply to the use of such machine guns by any United States or state militia or by any law enforcement officer while in the discharge of his or her lawful duty in suppressing riots and disorderly conduct and in preserving and protecting the public peace or in the preservation of public property, or when said use is authorized by law. 790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties. A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device: (1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084. (2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the State Statutes 669 second degree, punishable as provided in s. 775.082 or s. 775.084. (3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084. (4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States. 790.1615 Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another; penalty. (1) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who perpetrates any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb committed during the same criminal episode. A conviction for any unlawful throwing, projecting, placing, or discharging of a destructive device or bomb, however, is not necessary for a conviction under this section. 790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty. It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 790.163 False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty. (1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. (3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person. (4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct. 790.164 False reports concerning State Statutes 670 planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner; penalty; reward. (1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, concerning any act of arson or other violence to property owned by the state or any political subdivision, or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. (3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person. (4) (a) There shall be a $5,000 reward for the giving of information to any law enforcement agency in the state, which information leads to the arrest and conviction of any person violating the provisions of this section. Any person claiming such reward shall apply to the law enforcement agency developing the case and be paid by the Department of Law Enforcement from the deficiency fund. (b) There shall be only one reward given for each case, regardless of how many persons are arrested and convicted in connection with the case and regardless of how many persons submit claims for the reward. (c) The Department of Law Enforcement shall establish procedures to be used by all reward applicants, and the circuit judge in whose jurisdiction the action occurs shall review all such applications and make final determination as to those applicants entitled to receive an award. (d) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct. 790.18 Sale or transfer of arms to minors by dealers.—It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 790.165 Planting of "hoax bomb" prohibited; penalties. (1) For the purposes of this section, "hoax bomb" means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented. (2) Any person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other law, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. State Statutes 671 (4) Subsection (2) does not apply to any law enforcement officer, firefighter, person, or corporation licensed pursuant to chapter 493, or member of the armed forces of the United States while engaged in training or other lawful activity within the scope of his or her employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas, or to any member of a theatrical company or production using a hoax bomb as property during the course of a rehearsal or performance. (5) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct. 790.166 Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited; definitions; penalties. (1) As used in this section, the term: (a) "Weapon of mass destruction" means: 1. Any device or object that is designed or intended to cause death or serious bodily injury to any human or animal, or severe emotional or mental harm to any human, through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors; 2. Any device or object involving a biological agent; 3. Any device or object that is designed or intended to release radiation or radioactivity at a level dangerous to human or animal life; or 4. Any biological agent, toxin, vector, or delivery system. (b) "Hoax weapon of mass destruction" means any device or object that by its design, construction, content, or characteristics appears to be or to contain, or is represented to be, constitute, or contain, a weapon of mass destruction as defined in this section, but which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a weapon of mass destruction which does not meet the definition of a weapon of mass destruction or which does not actually contain or constitute a weapon, biological agent, toxin, vector, or delivery system prohibited by this section. (c) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered through biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, capable of causing: 1. Death, disease, or other biological malfunction in a human, an animal, a plant, or other living organism; 2. Deterioration of food, water, equipment, supplies, or material of any kind; or 3. Deleterious alteration of the environment. (d) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of reproduction, including: 1. Any poisonous substance or biological product that may be engineered through biotechnology produced by a living organism; or 2. Any poisonous isomer or biological product, homolog, or derivative of such substance. (e) "Delivery system" means: 1. Any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or 2. Any vector. (f) "Vector" means a living organism or molecule, including a recombinant molecule or biological product that may be engineered through biotechnology, capable of carrying a biological agent or toxin to a host. (2) A person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others a weapon of mass destruction commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, and if death results, commits a capital felony, punishable as provided in s. 775.082. (3) Any person who, without lawful authority, manufactures, possesses, sells, delivers, State Statutes 672 mails, sends, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax weapon of mass destruction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax weapon of mass destruction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Notwithstanding any other law, adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld for a violation of this section. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals. (6) Proof that a device or object described in subparagraph (1)(a)1. caused death or serious bodily injury to a human or animal through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors, is prima facie evidence that the device or object was designed or intended to cause such death or serious bodily injury. Proof that a device or object described in subparagraph (1)(a)3. released radiation or radioactivity at a level dangerous to human or animal life is prima facie evidence that the device or object was designed or intended for such release. (7) This section does not apply to any member or employee of the Armed Forces of the United States, a federal or state governmental agency, or a private entity who is otherwise engaged in lawful activity within the scope of his or her employment, if such person is otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, or otherwise engage in activity relative to this section and if such person is in compliance with applicable federal and state law. (8) For purposes of this section, the term "weapon of mass destruction" does not include: (a) A device or instrument that emits or discharges smoke or an offensive, noxious, or irritant liquid, powder, gas, or chemical for the purpose of immobilizing, incapacitating, or thwarting an attack by a person or animal and that is lawfully possessed or used by a person for the purpose of self-protection or, as provided in subsection (7), is lawfully possessed or used by any member or employee of the Armed Forces of the United States, a federal or state governmental agency, or a private entity. A member or employee of a federal or state governmental agency includes, but is not limited to, a law enforcement officer, as defined in s. 784.07; a federal law enforcement officer, as defined in s. 901.1505; and an emergency service employee, as defined in s. 496.404. (b) The liquid, powder, gas, chemical, or smoke that is emitted or discharged from a device or instrument as specified in paragraph (a). (9) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct. 790.17 Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited. (1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) (a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18 years of age, except that a person may transfer ownership of a firearm to a minor with permission of the parent or guardian. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) The parent or guardian must maintain possession of the firearm except pursuant to s. 790.22. 790.174 Safe storage of firearms required. State Statutes 673 (1) A person who stores or leaves, on a premise under his or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor is likely to gain access to the firearm without the lawful permission of the minor's parent or the person having charge of the minor, or without the supervision required by law, shall keep the firearm in a securely locked box or container or in a location which a reasonable person would believe to be secure or shall secure it with a trigger lock, except when the person is carrying the firearm on his or her body or within such close proximity thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it on his or her body. (2) It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result thereof a minor gains access to the firearm, without the lawful permission of the minor's parent or the person having charge of the minor, and possesses or exhibits it, without the supervision required by law: (a) In a public place; or (b) In a rude, careless, angry, or threatening manner in violation of s. 790.10. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. (3) As used in this act, the term "minor" means any person under the age of 16. 790.175 Transfer or sale of firearms; required warnings; penalties. (1) Upon the retail commercial sale or retail transfer of any firearm, the seller or transferor shall deliver a written warning to the purchaser or transferee, which warning states, in block letters not less than 1/4 inch in height: "IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND." (2) Any retail or wholesale store, shop, or sales outlet which sells firearms must conspicuously post at each purchase counter the following warning in block letters not less than 1 inch in height: "IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND MIND." (3) Any person or business knowingly violating a requirement to provide warning under this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 790.18 Sale or transfer of arms to minors by dealers. It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol, Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or device. A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles. Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 790.22 Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16; limitation; possession of firearms by minor under 18 prohibited; penalties. (1) The use for any purpose whatsoever of BB guns, air or gas-operated guns, or electric weapons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor’s parent. (2) Any adult responsible for the welfare of any child under the age of 16 years who knowingly permits such child to use or have in his or her possession any BB gun, air or gas-operated gun, electric weapon or device, or firearm in violation of the State Statutes 674 provisions of subsection (1) of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) A minor under 18 years of age may not possess a firearm, other than an unloaded firearm at his or her home, unless: (a) The minor is engaged in a lawful hunting activity and is: 1. At least 16 years of age; or 2. Under 16 years of age and supervised by an adult. (b) The minor is engaged in a lawful marksmanship competition or practice or other lawful recreational shooting activity and is: 1. At least 16 years of age; or 2. Under 16 years of age and supervised by an adult who is acting with the consent of the minor’s parent or guardian. (c) The firearm is unloaded and is being transported by the minor directly to or from an event authorized in paragraph (a) o r paragraph (b). (4) (a) Any parent or guardian of a minor, or other adult responsible for the welfare of a minor, who knowingly and willfully permits the minor to possess a firearm in violation of subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal guardian or legal custodian of a minor, if that minor possesses a firearm in violation of subsection (3) may, if the court finds it appropriate, be required to participate in classes on parenting education which are approved by the Department of Juvenile Justice, upon the first conviction of the minor. Upon any subsequent conviction of the minor, the court may, if the court finds it appropriate, require the parent to attend further parent education classes or render community service hours together with the child. (c) The juvenile justice circuit advisory boards or the Department of Juvenile Justice shall establish appropriate community service programs to be available to the alternative sanctions coordinators of the circuit courts in implementing this subsection. The boards or department shall propose the implementation of a community service program in each circuit, and may submit a circuit plan, to be implemented upon approval of the circuit alternative sanctions coordinator. (d) For the purposes of this section, community service may be provided on public property as well as on private property with the expressed permission of the property owner. Any community service provided on private property is limited to such things as removal of graffiti and restoration of vandalized property. (5) (a) A minor who violates subsection (3) commits a misdemeanor of the first degree; for a first offense, may serve a period of detention of up to 3 days in a secure detention facility; and, in addition to any other penalty provided by law, shall be required to perform 100 hours of community service; and: 1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year. 2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of up to 1 year. 3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible. (b) For a second or subsequent offense, a minor who violates subsection (3) commits a felony of the third degree and shall serve a period of detention of up to 15 days in a secure detention facility and shall be required to perform not less than 100 nor more than 250 hours of community service, and: 1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years. 2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an State Statutes 675 additional period of up to 2 years. 3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds. (6) Any firearm that is possessed or used by a minor in violation of this section shall be promptly seized by a law enforcement officer and disposed of in accordance with s. 790.08(1)-(6). (7) The provisions of this section are supplemental to all other provisions of law relating to the possession, use, or exhibition of a firearm. (8) Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that involves the use or possession of a firearm, including a violation of subsection (3), or is charged for any offense during the commission of which the minor possessed a firearm, the minor shall be detained in secure detention, unless the state attorney authorizes the release of the minor, and shall be given a hearing within 24 hours after being taken into custody. At the hearing, the court may order that the minor continue to be held in secure detention in accordance with the applicable time periods specified in s. 985.26(1)-(5), if the court finds that the minor meets the criteria specified in s. 985.255, or if the court finds by clear and convincing evidence that the minor is a clear and present danger to himself or herself or the community. The Department of Juvenile Justice shall prepare a form for all minors charged under this subsection which states the period of detention and the relevant demographic information, including, but not limited to, the gender, age, and race of the minor; whether or not the minor was represented by private counsel or a public defender; the current offense; and the minor’s complete prior record, including any pending cases. The form shall be provided to the judge for determining whether the minor should be continued in secure detention under this subsection. An order placing a minor in secure detention because the minor is a clear and present danger to himself or herself or the community must be in writing, must specify the need for detention and the benefits derived by the minor or the community by placing the minor in secure detention, and must include a copy of the form provided by the department. (9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order: (a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and 1. Perform 100 hours of community service; and may 2. Be placed on community control or in a nonresidential commitment program. (b) For a second or subsequent offense, that the minor shall serve a mandatory period of detention of at least 21 days in a secure detention facility; and 1. Perform not less than 100 nor more than 250 hours of community service; and may 2. Be placed on community control or in a nonresidential commitment program. The minor shall not receive credit for time served before adjudication. For the purposes of this subsection, community service shall be performed, if possible, in a manner involving a hospital emergency room or other medical environment that deals on a regular basis with trauma patients and gunshot wounds. (10) If a minor is found to have committed an offense under subsection (9), the court shall impose the following penalties in addition to any penalty imposed under paragraph (9)(a) or paragraph (9)(b): (a) For a first offense: 1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 1 year. 2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety State Statutes 676 and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 1 year. 3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 1 year after the date on which the minor would otherwise have become eligible. (b) For a second or subsequent offense: 1. If the minor is eligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of the minor’s driver license or driving privilege for up to 2 years. 2. If the minor’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period for up to 2 years. 3. If the minor is ineligible by reason of age for a driver license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor’s driver license or driving privilege for up to 2 years after the date on which the minor would otherwise have become eligible. 790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty. (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms. (2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted. 790.225 Ballistic self-propelled knives; unlawful to manufacture, sell, or possess; forfeiture; penalty. (1) It is unlawful for any person to manufacture, display, sell, own, possess, or use a ballistic self-propelled knife which is a device that propels a knifelike blade as a projectile and which physically separates the blade from the device by means of a coil spring, elastic material, or compressed gas. A ballistic self-propelled knife is declared to be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This section shall not apply to: (a) Any device from which a knifelike blade opens, where such blade remains physically integrated with the device when open. (b) Any device which propels an arrow, a bolt, or a dart by means of any common bow, compound bow, crossbow, or underwater spear gun. (3) Any person violating the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful. (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: (a) Convicted of a felony in the courts of this state; (b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age; (c) Convicted of or found to have committed a crime against the United States which is designated as a felony; (d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year. (2) This section shall not apply to a person: (a) Convicted of a felony whose civil rights and firearm authority have been restored. (b) Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b). (3) Except as otherwise provided in subsection (4), any person who violates this State Statutes 677 section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. 790.233 Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking; penalties. (1) A person may not have in his or her care, custody, possession, or control any firearm or ammunition if the person has been issued a final injunction that is currently in force and effect, restraining that person from committing acts of domestic violence, as issued under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s. 784.0485. (2) A person who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) It is the intent of the Legislature that the disabilities regarding possession of firearms and ammunition are consistent with federal law. Accordingly, this section does not apply to a state or local officer as defined in s. 943.10(14), holding an active certification, who receives or possesses a firearm or ammunition for use in performing official duties on behalf of the officer’s employing agency, unless otherwise prohibited by the employing agency. 790.235 Possession of firearm or ammunition by violent career criminal unlawful; penalty. (1) Any person who meets the violent career criminal criteria under s. 775.084(1)(d), regardless of whether such person is or has previously been sentenced as a violent career criminal, who owns or has in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or carries a concealed weapon, including a tear gas gun or chemical weapon or device, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of this section shall be sentenced to a mandatory minimum of 15 years' imprisonment; however, if the person would be sentenced to a longer term of imprisonment under s. 775.084(4)(d), the person must be sentenced under that provision. A person convicted of a violation of this section is not eligible for any form of discretionary early release, other than pardon, executive clemency, or conditional medical release under s. 947.149. (2) For purposes of this section, the previous felony convictions necessary to meet the violent career criminal criteria under s. 775.084(1)(d) may be convictions for felonies committed as an adult or adjudications of delinquency for felonies committed as a juvenile. In order to be counted as a prior felony for purposes of this section, the felony must have resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense, and sentenced or adjudicated separately from any other felony that is to be counted as a prior felony. (3) This section shall not apply to a person whose civil rights and firearm authority have been restored. 790.24 Report of medical treatment of certain wounds; penalty for failure to report. Any physician, nurse, or employee thereof and any employee of a hospital, sanitarium, clinic, or nursing home knowingly treating any person suffering from a gunshot wound or life-threatening injury indicating an act of violence, or receiving a request for such treatment, shall report the same immediately to the sheriff's department of the county in which said treatment is administered or request therefor received. This section does not affect any requirement that a person has to report abuse pursuant to chapter 39 or chapter 415. Any such person willfully failing to report such treatment or request therefor is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 790.25 Lawful ownership, possession, and use of firearms and other weapons. (1) DECLARATION OF POLICY. The Legislature finds as a matter of public policy and fact that it is necessary to promote firearms safety and to curb and prevent the use of firearms and other weapons in crime State Statutes 678 and by incompetent persons without prohibiting the lawful use in defense of life, home, and property, and the use by United States or state military organizations, and as otherwise now authorized by law, including the right to use and own firearms for target practice and marksmanship on target practice ranges or other lawful places, and lawful hunting and other lawful purposes. (2) USES NOT AUTHORIZED. (a) This section does not authorize carrying a concealed weapon without a permit, as prohibited by ss. 790.01 and 790.02. (b) The protections of this section do not apply to the following: 1. A person who has been adjudged mentally incompetent, who is addicted to the use of narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using weapons or firearms in violation of ss. 790.07-790.115, 790.145-790.19, 790.22-790.24; 2. Vagrants and other undesirable persons as defined in 1s. 856.02; 3. A person in or about a place of nuisance as defined in s. 823.05, unless such person is there for law enforcement or some other lawful purpose. (3) LAWFUL USES. The provisions of ss. 790.053 and 790.06 do not apply in the following instances, and, despite such sections, it is lawful for the following persons to own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for lawful purposes: (a) Members of the Militia, National Guard, Florida State Defense Force, Army, Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the state and of the United States, when on duty, when training or preparing themselves for military duty, or while subject to recall or mobilization; (b) Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the State Constitution, under chapters 250 and 251, and under federal laws, when on duty or when training or preparing themselves for military duty; (c) Persons carrying out or training for emergency management duties under chapter 252; (d) Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol officers, game wardens, revenue officers, forest officials, special officers appointed under the provisions of chapter 354, and other peace and law enforcement officers and their deputies and assistants and full-time paid peace officers of other states and of the Federal Government who are carrying out official duties while in this state; (e) Officers or employees of the state or United States duly authorized to carry a concealed weapon; (f) Guards or messengers of common carriers, express companies, armored car carriers, mail carriers, banks, and other financial institutions, while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this state; (g) Regularly enrolled members of any organization duly authorized to purchase or receive weapons from the United States or from this state, or regularly enrolled members of clubs organized for target, skeet, or trap shooting, while at or going to or from shooting practice; or regularly enrolled members of clubs organized for modern or antique firearms collecting, while such members are at or going to or from their collectors' gun shows, conventions, or exhibits; (h) A person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition; (i) A person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person while engaged in the lawful course of such business; (j) A person firing weapons for testing or target practice under safe conditions and in a safe place not prohibited by law or going to or from such place; (k) A person firing weapons in a safe and secure indoor range for testing and target practice; (l) A person traveling by private conveyance when the weapon is securely encased or in a public conveyance when the weapon is securely encased and not in the person's manual possession; (m)A person while carrying a pistol unloaded and in a secure wrapper, concealed or otherwise, from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business; (n) A person possessing arms at his or her home or place of business; (o) Investigators employed by the several public defenders of the state, while actually State Statutes 679 carrying out official duties, provided such investigators: 1. Are employed full time; 2. Meet the official training standards for firearms established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(5) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and 3. Are individually designated by an affidavit of consent signed by the employing public defender and filed with the clerk of the circuit court in the county in which the employing public defender resides. (p) Investigators employed by the capital collateral regional counsel, while actually carrying out official duties, provided such investigators: 1. Are employed full time; 2. Meet the official training standards for firearms as established by the Criminal Justice Standards and Training Commission as provided in s. 943.12(1) and the requirements of ss. 493.6108(1)(a) and 943.13(1)-(4); and 3. Are individually designated by an affidavit of consent signed by the capital collateral regional counsel and filed with the clerk of the circuit court in the county in which the investigator is headquartered. (4) CONSTRUCTION. This act shall be liberally construed to carry out the declaration of policy herein and in favor of the constitutional right to keep and bear arms for lawful purposes. This act is supplemental and additional to existing rights to bear arms now guaranteed by law and decisions of the courts of Florida, and nothing herein shall impair or diminish any of such rights. This act shall supersede any law, ordinance, or regulation in conflict herewith. (5)POSSESSION IN PRIVATE CONVEYANCE. Notwithstanding subsection (2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to possess a concealed firearm or other weapon for self-defense or other lawful purpose within the interior of a private conveyance, without a license, if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use. Nothing herein contained prohibits the carrying of a legal firearm other than a handgun anywhere in a private conveyance when such firearm is being carried for a lawful use. Nothing herein contained shall be construed to authorize the carrying of a concealed firearm or other weapon on the person. This subsection shall be liberally construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense as provided in s. 776.012. 790.251Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes; prohibited acts; duty of public and private employers; immunity from liability; enforcement. (1) SHORT TITLE.This section may be cited as the “Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008.” (2) DEFINITIONS.As used in this section, the term: (a) “Parking lot” means any property that is used for parking motor vehicles and is available to customers, employees, or invitees for temporary or long-term parking or storage of motor vehicles. (b) “Motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motor home, recreational vehicle, motorcycle, motor scooter, or any other vehicle operated on the roads of this state and required to be registered under state law. (c) “Employee” means any person who possesses a valid license issued pursuant to s. 790.06 and: 1. Works for salary, wages, or other remuneration; 2. Is an independent contractor; or 3. Is a volunteer, intern, or other similar individual for an employer. (d) “Employer” means any business that is a sole proprietorship, partnership, corporation, limited liability company, professional association, cooperative, joint venture, trust, firm, institution, or association, or public sector entity, that has employees. (e) “Invitee” means any business invitee, including a customer or visitor, who is lawfully on the premises of a public or private employer. As used in this section, the term “firearm” includes ammunition and accoutrements attendant to the lawful possession and use of a firearm. (3) LEGISLATIVE INTENT; FINDINGS. This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a State Statutes 680 constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the Legislature that a citizen’s lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of self-defense. The Legislature finds that protecting and preserving these rights is essential to the exercise of freedom and individual responsibility. The Legislature further finds that no citizen can or should be required to waive or abrogate his or her right to possess and securely keep firearms and ammunition locked within his or her motor vehicle by virtue of becoming a customer, employee, or invitee of any employer or business establishment within the state, unless specifically required by state or federal law. (4) PROHIBITED ACTS. No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e): (a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area. (b) No public or private employer may violate the privacy rights of a customer, employee, or invitee by verbal or written inquiry regarding the presence of a firearm inside or locked to a private motor vehicle in a parking lot or by an actual search of a private motor vehicle in a parking lot to ascertain the presence of a firearm within the vehicle. Further, no public or private employer may take any action against a customer, employee, or invitee based upon verbal or written statements of any party concerning possession of a firearm stored inside a private motor vehicle in a parking lot for lawful purposes. A search of a private motor vehicle in the parking lot of a public or private employer to ascertain the presence of a firearm within the vehicle may only be conducted by on-duty law enforcement personnel, based upon due process and must comply with constitutional protections. (c) No public or private employer shall condition employment upon either: 1. The fact that an employee or prospective employee holds or does not hold a license issued pursuant to s. 790.06; or 2. Any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside or locked to a private motor vehicle in a parking lot when such firearm is kept for lawful purposes. (d) No public or private employer shall prohibit or attempt to prevent any customer, employee, or invitee from entering the parking lot of the employer’s place of business because the customer’s, employee’s, or invitee’s private motor vehicle contains a legal firearm being carried for lawful purposes, that is out of sight within the customer’s, employee’s, or invitee’s private motor vehicle. (e) No public or private employer may terminate the employment of or otherwise discriminate against an employee, or expel a customer or invitee for exercising his or her constitutional right to keep and bear arms or for exercising the right of self-defense as long as a firearm is never exhibited on company property for any reason other than lawful defensive purposes. This subsection applies to all public sector employers, including those already prohibited from regulating firearms under the provisions of s. 790.33. (5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY FROM LIABILITY. (a) When subject to the provisions of subsection (4), a public or private employer has no duty of care related to the actions prohibited under such subsection. (b) A public or private employer is not liable in a civil action based on actions or inactions taken in compliance with this section. The immunity provided in this subsection does not apply to civil actions based on actions or inactions of public or private employers that are unrelated to compliance with this section. (c) Nothing contained in this section shall be interpreted to expand any existing duty, or create any additional duty, on the part of a public or private employer, property owner, or property owner’s agent. (6) ENFORCEMENT. The Attorney General shall enforce the protections of this act on behalf of any customer, employee, or invitee State Statutes 681 aggrieved under this act. If there is reasonable cause to believe that the aggrieved person’s rights under this act have been violated by a public or private employer, the Attorney General shall commence a civil or administrative action for damages, injunctive relief and civil penalties, and such other relief as may be appropriate under the provisions of s. 760.51, or may negotiate a settlement with any employer on behalf of any person aggrieved under the act. However, nothing in this act shall prohibit the right of a person aggrieved under this act to bring a civil action for violation of rights protected under the act. In any successful action brought by a customer, employee, or invitee aggrieved under this act, the court shall award all reasonable personal costs and losses suffered by the aggrieved person as a result of the violation of rights under this act. In any action brought pursuant to this act, the court shall award all court costs and attorney’s fees to the prevailing party. (7) EXCEPTIONS.The prohibitions in subsection (4) do not apply to: (a) Any school property as defined and regulated under s. 790.115. (b) Any correctional institution regulated under s. 944.47 or chapter 957. (c) Any property where a nuclear-powered electricity generation facility is located. (d) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which are conducted substantial activities involving national defense, aerospace, or homeland security. (e) Property owned or leased by a public or private employer or the landlord of a public or private employer upon which the primary business conducted is the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law, or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. s. 842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property. (f) A motor vehicle owned, leased, or rented by a public or private employer or the landlord of a public or private employer. (g) Any other property owned or leased by a public or private employer or the landlord of a public or private employer upon which possession of a firearm or other legal product by a customer, employee, or invitee is prohibited pursuant to any federal law, contract with a federal government entity, or general law of this state. 790.27 Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited; penalties. (1) (a) It is unlawful for any person to knowingly alter or remove the manufacturer's or importer's serial number from a firearm with intent to disguise the true identity thereof. (b) Any person violating paragraph (a) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) (a) It is unlawful for any person to knowingly sell, deliver, or possess any firearm on which the manufacturer's or importer's serial number has been unlawfully altered or removed. (b) Any person violating paragraph (a) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) This section shall not apply to antique firearms. 790.28 Purchase of rifles and shotguns in contiguous states. A resident of this state may purchase a rifle or shotgun in any state contiguous to this state if he or she conforms to applicable laws and regulations of the United States, of the state where the purchase is made, and of this state. 790.29 Paramilitary training; teaching or participation prohibited. (1) This act shall be known and may be cited as the "State Antiparamilitary Training Act." (2) As used in this section, the term "civil disorder" means a public disturbance involving acts of violence by an assemblage of three or more persons, which disturbance causes an immediate danger of, or results in, damage or injury to the property or person of any other individual within the United States. (3) (a) Whoever teaches or demonstrates to any other person the use, application, or making of any firearm, destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the same will be unlawfully employed for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. State Statutes 682 775.082, s. 775.083, or s. 775.084. (b) Whoever assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, destructive device, or technique capable of causing injury or death to persons, intending to unlawfully employ the same for use in, or in furtherance of, a civil disorder within the United States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Nothing contained in this section shall be construed to prohibit any act of a law enforcement officer which is performed in connection with the lawful performance of his or her official duties or to prohibit the training or teaching of the use of weapons to be used for hunting, recreation, competition, self-defense or the protection of one's person or property, or other lawful use. 790.31 Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells, or flechette shells prohibited. (1) As used in this section, the term: (a) "Armor-piercing bullet" means any bullet which has a steel inner core or core of equivalent hardness and a truncated cone and which is designed for use in a handgun as an armor-piercing or metal-piercing bullet. (b) "Exploding bullet" means any bullet that can be fired from any firearm, if such bullet is designed or altered so as to detonate or forcibly break up through the use of an explosive or deflagrant contained wholly or partially within or attached to such bullet. The term does not include any bullet designed to expand or break up through the mechanical forces of impact alone or any signaling device or pest control device not designed to impact on any target. (c) "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. (d) "Dragon's breath shotgun shell" means any shotgun shell that contains exothermic pyrophoric misch metal as the projectile and that is designed for the sole purpose of throwing or spewing a flame or fireball to simulate a flamethrower. (e) "Bolo shell" means any shell that can be fired in a firearm and that expels as projectiles two or more metal balls connected by solid metal wire. (f) "Flechette shell" means any shell that can be fired in a firearm and that expels two or more pieces of fin-stabilized solid metal wire or two or more solid dart-type projectiles. (2) (a) Any person who manufactures, sells, offers for sale, or delivers any armor-piercing bullet or exploding bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who possesses an armor-piercing bullet or exploding bullet with knowledge of its armor-piercing or exploding capabilities loaded in a handgun, or who possesses a dragon's breath shotgun shell, bolo shell, or flechette shell with knowledge of its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any person who possesses with intent to use an armor-piercing bullet or exploding bullet or dragon's breath shotgun shell, bolo shell, or flechette shell to assist in the commission of a criminal act is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to: (a) The possession of any item described in subsection (1) by any law enforcement officer, when possessed in connection with the performance of his or her duty as a law enforcement officer, or law enforcement agency. (b) The manufacture of items described in subsection (1) exclusively for sale or delivery to law enforcement agencies. (c) The sale or delivery of items described in subsection (1) to law enforcement agencies. 790.33 Field of regulation of firearms and ammunition preempted (1) PREEMPTION. Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void. State Statutes 683 (2) POLICY AND INTENT. (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. (3) PROHIBITIONS; PENALTIES. (a) Any person, county, agency, municipality, district, or other entity that violates the Legislature’s occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein. (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel. (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred. (d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section. (e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor. (f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit: 1. Reasonable attorney’s fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and 2. The actual damages incurred, but not more than $100,000. Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. (4) EXCEPTIONS.This section does not prohibit: (a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited; (b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties; (c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee’s official duties; (d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or (e) The Florida Fish and Wildlife Conservation Commission from regulating State Statutes 684 the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission. (5) SHORT TITLE. As created by chapter 87-23, Laws of Florida, this section may be cited as the “Joe Carlucci Uniform Firearms Act.” 791.01 Definitions. As used in this chapter, the term: (1) "Distributor" means any person engaged in the business of selling sparklers to a wholesaler. (2) "Division" means the Division of the State Fire Marshal of the Department of Financial Services. (3) "Explosive compound" means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. (4) (a) "Fireworks" means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) "Fireworks" does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. (c) "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small, paper-wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. (5) "Manufacturer" means any person engaged in the manufacture or construction of sparklers in this state. (6) "Retailer" means any person who, at a fixed place of business, is engaged in selling State Statutes 685 sparklers to consumers at retail. (7) "Seasonal retailer" means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5 and from December 10 through January 2 of each year. (8) "Sparkler" means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand held or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks. (9) "Wholesaler" means any person engaged in the business of selling sparklers to a retailer. 791.013 Testing and approval of sparklers; penalties. (1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Register and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures. (2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The Division of Investigative and Forensic Services shall dispose of any samples which remain after testing. 791.02 Sale of fireworks regulated; rules and regulations. (1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. (2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of State Statutes 686 purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location. 791.05 Seizure of illegal fireworks. Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. 791.06 Penalties. Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083. 794.005 Legislative findings and intent as to basic charge of sexual battery. The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of "penetration" or "union." 794.011 Sexual battery. (1) As used in this chapter: (a) “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. (b) “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. (c) “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent. (d) “Offender” means a person accused of a sexual offense in violation of a provision of this chapter. (e)“Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. (f) “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion. (g) “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement. (h) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. (i) “Victim” means a person who has been the object of a sexual offense. (j) “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee. (2) (a) A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141. (b) A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (3) A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (4) (a) A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of State Statutes 687 the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (b) A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (c) A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (d) A person commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the person commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the circumstances listed in paragraph (e), and such person was previously convicted of a violation of: 1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s. 847.0135(5); 2. Section 787.01(3)(a)2. or 3.; 3. Section 787.02(3)(a)2. or 3.; 4. Section 800.04; 5. Section 825.1025; 6. Section 847.0135(5); or 7. This chapter, excluding subsection (10) of this section. (e) The following circumstances apply to paragraphs (a)-(d): 1. The victim is physically helpless to resist. 2. The offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat. 3. The offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. 4. The offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the victim. 5. The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact. 6. The victim is physically incapacitated. 7. The offender is a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under s. 943.1395 or is an elected official exempt from such certification by virtue of s. 943.253, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government. (5) (a) A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (b) A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (c) A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115. (d) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. State Statutes 688 794.0115 if the person commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury and the person was previously convicted of a violation of: 1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s. 847.0135(5); 2. Section 787.01(3)(a)2. or 3.; 3. Section 787.02(3)(a)2. or 3.; 4. Section 800.04; 5. Section 825.1025; 6. Section 847.0135(5); or 7. This chapter, excluding subsection (10) of this section. (6)(a)The offenses described in paragraphs (5)(a)-(c) are included in any sexual battery offense charged under subsection (3). (b) The offense described in paragraph (5)(a) is included in an offense charged under paragraph (4)(a). (c) The offense described in paragraph (5)(b) is included in an offense charged under paragraph (4)(b). (d) The offense described in paragraph (5)(c) is included in an offense charged under paragraph (4)(c). (e) The offense described in paragraph (5)(d) is included in an offense charged under paragraph (4)(d). (7) A person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time under s. 944.275. This subsection may be cited as the “Junny Rios-Martinez, Jr. Act of 1992.” (8) Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who: (a) Solicits that person to engage in any act which would constitute sexual battery under paragraph (1)(h) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Engages in any act with that person while the person is 12 years of age or older but younger than 18 years of age which constitutes sexual battery under paragraph (1)(h) commits a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony, punishable pursuant to subsection (2). (9) For prosecution under paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) which involves an offense committed under any of the circumstances listed in subparagraph (4)(e)7., acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position. (10) A person who falsely accuses a person listed in subparagraph (4)(e)7. or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph (4)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 794.02 Common-law presumption relating to age abolished. The common-law rule "that a boy under 14 years of age is conclusively presumed to be incapable of committing the crime of rape" shall not be in force in this state. 794.021 Ignorance or belief as to victim's age no defense. When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense. 794.022 Rules of evidence. (1) The testimony of the victim need not be corroborated in a prosecution under s. 787.06, s. 794.011, or s. 800.04. (2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04. State Statutes 689 However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent. (3) Notwithstanding any other provision of law, reputation evidence relating to a victim’s prior sexual conduct or evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the sexual battery may not be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04. (4) When consent of the victim is a defense to prosecution under s. 787.06, s. 794.011, or s. 800.04, evidence of the victim’s mental incapacity or defect is admissible to prove that the consent was not intelligent, knowing, or voluntary; and the court shall instruct the jury accordingly. (5) An offender’s use of a prophylactic device, or a victim’s request that an offender use a prophylactic device, is not, by itself, relevant to either the issue of whether or not the offense was committed or the issue of whether or not the victim consented. 794.023 Sexual battery by multiple perpetrators; enhanced penalties. (1) The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person. (2) A violation of s. 794.011 shall be reclassified as provided in this subsection if it is charged and proven by the prosecution that, during the same criminal transaction or episode, more than one person committed an act of sexual battery on the same victim. (a) A felony of the second degree is reclassified to a felony of the first degree. (b) A felony of the first degree is reclassified to a life felony. This subsection does not apply to life felonies or capital felonies. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. 794.024Unlawful to disclose identifying information. (1) A public employee or officer who has access to the photograph, name, or address of a person who is alleged to be the victim of an offense described in this chapter, chapter 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and knowingly disclose it to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant’s attorney, a person specified in an order entered by the court having jurisdiction of the alleged offense, or organizations authorized to receive such information made exempt by s. 119.071(2)(h), or to a rape crisis center or sexual assault counselor, as defined in s. 90.5035(1)(b), who will be offering services to the victim. (2) A violation of subsection (1) constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 794.027 Duty to report sexual battery; penalties. A person who observes the commission of the crime of sexual battery and who: (1) Has reasonable grounds to believe that he or she has observed the commission of a sexual battery; (2) Has the present ability to seek assistance for the victim or victims by immediately reporting such offense to a law enforcement officer; (3) Fails to seek such assistance; (4) Would not be exposed to any threat of physical violence for seeking such assistance; (5) Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of the offender or victim, by consanguinity or affinity; and (6) Is not the victim of such sexual battery is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 794.03 Unlawful to publish or broadcast information identifying sexual offense victim. No person shall print, publish, or State Statutes 690 broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter, except as provided in s. 119.071(2)(h) or unless the court determines that such information is no longer confidential and exempt pursuant to s. 92.56. An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 794.05 Unlawful sexual activity with certain minors. (1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743. (3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section. (4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61. 794.065 Unlawful place of residence for persons convicted of certain sex offenses. (1) It is unlawful for any person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, to reside within 1,000 feet of any school, day care center, park, or playground. A person who violates this section and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first degree or higher commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates this section and whose conviction under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the second or third degree commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) This section applies to any person convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after October 1, 2004. 794.075 Sexual predators; erectile dysfunction drugs. (1) A person may not possess a prescription drug, as defined in s. 499.003(40), for the purpose of treating erectile dysfunction if the person is designated as a sexual predator under s. 775.21. (2) A person who violates a provision of this section for the first time commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates a provision of this section a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 796.03 Procuring person under age of 18 for prostitution. A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 796.035 Selling or buying of minors into prostitution; penalties. Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will engage in prostitution commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 796.036 Violations involving minors; reclassification. (1) The felony or misdemeanor degree of any violation of this chapter, other than s. 796.03 or s. 796.035, in which a minor State Statutes 691 engages in prostitution, lewdness, assignation, sexual conduct, or other conduct as defined in or prohibited by this chapter, but the minor is not the person charged with the violation, is reclassified as provided in this section. (2) Offenses shall be reclassified as follows: (a) A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (b) A misdemeanor of the first degree is reclassified to a felony of the third degree. (c) A felony of the third degree is reclassified to a felony of the second degree. (d) A felony of the second degree is reclassified to a felony of the first degree. (e) A felony of the first degree is reclassified to a life felony. 796.04 Forcing, compelling, or coercing another to become a prostitute. (1) After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce another to become a prostitute. (2) Anyone violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 796.045 Sex trafficking; penalties. Any person who knowingly recruits, entices, harbors, transports, provides, or obtains by any means a person, knowing that force, fraud, or coercion will be used to cause that person to engage in prostitution, commits the offense of sex trafficking, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense of sex trafficking is committed against a person who is under the age of 14 or if such offense results in death. 796.05 Deriving support from the proceeds of prostitution. (1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution. (2) Anyone violating this section commits: (a) For a first offense, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) For a second offense, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) For a third or subsequent offense, a felony of the first degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of 10 years. 796.06 Renting space to be used for lewdness, assignation, or prostitution. (1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used for the purpose of lewdness, assignation, or prostitution. (2) A person who violates this section commits: (a) A misdemeanor of the first degree for a first violation, punishable as provided in s. 775.082 or s. 775.083. (b) A felony of the third degree for a second or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 796.07 Prohibiting prostitution and related acts. (1) As used in this section: (a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses. (b) “Lewdness” means any indecent or obscene act. (c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement. (d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. (2) It is unlawful: (a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution. (b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act. (c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or State Statutes 692 assignation, or to permit any person to remain there for such purpose. (d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation. (e) For a person 18 years of age or older to offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation. (f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. (g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation. (h) To aid, abet, or participate in any of the acts or things enumerated in this subsection. (i) To purchase the services of any person engaged in prostitution. (3) (a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge. (b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action regarding charges filed pursuant to this section. (4) (a) A person who violates any provision of this section, other than paragraph (2)(f), commits: 1. A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083. 2. A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083. 3. A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who is charged with a third or subsequent violation of this section, other than paragraph (2)(f), shall be offered admission to a pretrial intervention program or a substance abuse treatment program as provided in s. 948.08. (5) (a) A person who violates paragraph (2)(f) commits: 1. A misdemeanor of the first degree for a first violation, punishable as provided in s. 775.082 or s. 775.083. 2. A felony of the third degree for a second violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. A felony of the second degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) In addition to any other penalty imposed, the court shall order a person convicted of a violation of paragraph (2)(f) to: 1. Perform 100 hours of community service; and 2. Pay for and attend an educational program about the negative effects of prostitution and human trafficking, such as a sexual violence prevention education program, including such programs offered by faith-based providers, if such programs exist in the judicial circuit in which the offender is sentenced. (c) In addition to any other penalty imposed, the court shall sentence a person convicted of a second or subsequent violation of paragraph (2)(f) to a minimum mandatory period of incarceration of 10 days. (d) 1. If a person who violates paragraph (2)(f) uses a vehicle in the course of the violation, the judge, upon the person’s conviction, may issue an order for the impoundment or immobilization of the vehicle for a period of up to 60 days. The order of impoundment or immobilization must include the names and telephone numbers of all immobilization agencies meeting all of the conditions of s. 316.193(13). Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle. 2. The owner of the vehicle may request the court to dismiss the order. The court must dismiss the order, and the owner of the vehicle will incur no costs, if the State Statutes 693 owner of the vehicle alleges and the court finds to be true any of the following: a. The owner’s family has no other private or public means of transportation; b. The vehicle was stolen at the time of the offense; c. The owner purchased the vehicle after the offense was committed, and the sale was not made to circumvent the order and allow the defendant continued access to the vehicle; or d. The vehicle is owned by the defendant but is operated solely by employees of the defendant or employees of a business owned by the defendant. 3. If the court denies the request to dismiss the order, the petitioner may request an evidentiary hearing. If, at the evidentiary hearing, the court finds to be true any of the circumstances described in sub-subparagraphs (d)2.a.-d., the court must dismiss the order and the owner of the vehicle will incur no costs. (6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Families for the sole purpose of funding safe houses and safe foster homes as provided in s. 409.1678. (7) If the place, structure, building, or conveyance that is owned, established, maintained, or operated in violation of paragraph (2)(a) is a massage establishment that is or should be licensed under s. 480.043, the offense shall be reclassified to the next higher degree as follows: (a) A misdemeanor of the second degree for a first violation is reclassified as a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A misdemeanor of the first degree for a second violation is reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A felony of the third degree for a third or subsequent violation is reclassified as a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 796.08 Screening for HIV and sexually transmissible diseases; providing penalties. (1) (a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and treatment. (b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for purposes of this section. (2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who requests screening for a sexually transmissible disease under this subsection must pay any costs associated with such screening. (3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she must submit to treatment and counseling prior to release from probation, community control, or incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state attorneys, and courts of appropriate jurisdiction in need State Statutes 694 of such information in order to enforce the provisions of this chapter. (4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease and could possibly communicate such disease to another person through sexual activity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution. (5) A person who: (a) Commits or offers to commit prostitution; or (b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus, and who, prior to the commission of such crime, had tested positive for human immunodeficiency virus and knew or had been informed that he or she had tested positive for human immunodeficiency virus and could possibly communicate such disease to another person through sexual activity commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution. 798.02 Lewd and lascivious behavior. If any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together, or if any man or woman, married or unmarried, engages in open and gross lewdness and lascivious behavior, they shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 800.02 Unnatural and lascivious act. A person who commits any unnatural and lascivious act with another person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section. 800.03 Exposure of sexual organs. It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. Violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A mother's breast feeding of her baby does not under any circumstance violate this section. 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age. (1) DEFINITIONS. As used in this section: (a) “Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (b) “Consent” means intelligent, knowing, and voluntary consent, and does not include submission by coercion. (c) “Coercion” means the use of exploitation, bribes, threats of force, or intimidation to gain cooperation or compliance. (d) “Victim” means a person upon whom an offense described in this section was committed or attempted or a person who has reported a violation of this section to a law enforcement officer. (2) PROHIBITED DEFENSES. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crimes proscribed by this section. (3) IGNORANCE OR BELIEF OF VICTIM’S AGE. The perpetrator’s ignorance of the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under this section. (4) LEWD OR LASCIVIOUS BATTERY. (a) A person commits lewd or lascivious battery by: 1. Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or 2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, State Statutes 695 sexual bestiality, prostitution, or any other act involving sexual activity. (b) Except as provided in paragraph (c), an offender who commits lewd or lascivious battery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who commits lewd or lascivious battery and was previously convicted of a violation of: 1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing that violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5); 2. Section 787.01(3)(a)2. or 3.; 3. Section 787.02(3)(a)2. or 3.; 4. Chapter 794, excluding s. 794.011(10); 5. Section 825.1025; 6. Section 847.0135(5); or 7. This section. (5) L E W D O R L A S C I V I O U S MOLESTATION. (a) A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation. (b) An offender 18 years of age or older who commits lewd or lascivious molestation against a victim less than 12 years of age commits a life felony, punishable as provided in s. 775.082(3)(a)4. (c) 1. An offender less than 18 years of age who commits lewd or lascivious molestation against a victim less than 12 years of age; or 2. An offender 18 years of age or older who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) An offender less than 18 years of age who commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e) A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or lascivious molestation against a victim 12 years of age or older but less than 16 years of age and the person was previously convicted of a violation of: 1. Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a minor and, in the course of committing the violation, the defendant committed against the minor a sexual battery under chapter 794 or a lewd act under this section or s. 847.0135(5); 2. Section 787.01(3)(a)2. or 3.; 3. Section 787.02(3)(a)2. or 3.; 4. Chapter 794, excluding s. 794.011(10); 5. Section 825.1025; 6. Section 847.0135(5); or 7. This section. (6) LEWD OR LASCIVIOUS CONDUCT. (a) A person who: 1. Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or 2. Solicits a person under 16 years of age to commit a lewd or lascivious act commits lewd or lascivious conduct. (b) An offender 18 years of age or older who commits lewd or lascivious conduct commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) An offender less than 18 years of age who commits lewd or lascivious conduct commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) LEWD OR LASCIVIOUS EXHIBITION. (a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age, commits lewd or lascivious exhibition. (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition commits a felony of the second degree, punishable as provided in s. 775.082, s. State Statutes 696 775.083, or s. 775.084. (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) EXCEPTION. A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this section. 800.09 Lewd or lascivious exhibition in the presence of an employee. (1) As used in this section, the term: (a) “Employee” means any person employed by or performing contractual services for a public or private entity operating a facility or any person employed by or performing contractual services for the corporation operating the prison industry enhancement programs or the correctional work programs under part II of chapter 946. The term also includes any person who is a parole examiner with the Florida Commission on Offender Review. (b) “Facility” means a state correctional institution as defined in s. 944.02 or a private correctional facility as defined in s. 944.710. (2) (a) A person who is detained in a facility may not: 1. Intentionally masturbate; 2. Intentionally expose the genitals in a lewd or lascivious manner; or 3. Intentionally commit any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, in the presence of a person he or she knows or reasonably should know is an employee. (b) A person who violates paragraph (a) commits lewd or lascivious exhibition in the presence of an employee, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 806.01 Arson. (1) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged: (a) Any dwelling, whether occupied or not, or its contents; (b) Any structure, or contents thereof, where persons are normally present, such as: jails, prisons, or detention centers; hospitals, nursing homes, or other health care facilities; department stores, office buildings, business establishments, churches, or educational institutions during normal hours of occupancy; or other similar structures; or (c) Any other structure that he or she knew or had reasonable grounds to believe was occupied by a human being, is guilty of arson in the first degree, which constitutes a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who willfully and unlawfully, or while in the commission of any felony, by fire or explosion, damages or causes to be damaged any structure, whether the property of himself or herself or another, under any circumstances not referred to in subsection (1), is guilty of arson in the second degree, which constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) As used in this chapter, “structure" means any building of any kind, any enclosed area with a roof over it, any real property and appurtenances thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or aircraft. 806.031 Arson resulting in injury to another; penalty (1) A person who perpetrates any arson that results in any bodily harm to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who perpetrates any arson that results in great bodily harm, permanent disability, or permanent disfigurement to a firefighter or any other person, regardless of intent or lack of intent to cause such harm, is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Upon conviction and adjudication of guilt, a person may be sentenced separately, pursuant to s. 775.021(4), for any violation of this section and for any arson committed during the same criminal episode. A conviction for any arson, however, is not necessary for a conviction under this section. 806.10 Preventing or obstructing extinguishment of fire. (1) Any person who willfully and maliciously State Statutes 697 injures, destroys, removes, or in any manner interferes with the use of, any vehicles, tools, equipment, water supplies, hydrants, towers, buildings, communication facilities, or other instruments or facilities used in the detection, reporting, suppression, or extinguishment of fire shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who willfully or unreasonably interferes with, hinders, or assaults, or attempts to interfere with or hinder, any firefighter in the performance of his or her duty shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 806.101 False alarms of fires. Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise, makes or circulates, or causes to be made or circulated, a false alarm of fire, shall for the first conviction be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction under this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 806.111 Fire bombs. (1)Any person who possesses, manufactures, transports, or disposes of a fire bomb with intent that such fire bomb be willfully and unlawfully used to damage by fire or explosion any structure or property is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) For the purposes of this section: (a) “Disposes of" means to give, give away, loan, offer, offer for sale, sell, or transfer. (b) “Fire bomb" means a container containing flammable or combustible liquid, or any incendiary chemical mixture or compound having a wick or similar device capable of being ignited or other means capable of causing ignition; but no device commercially manufactured primarily for the purpose of illumination, heating, or cooking shall be deemed to be such a fire bomb. (3) Subsection (1) shall not prohibit the authorized use or possession of any material, substance, or device described therein by a member of the Armed Forces of the United States or by firefighters, police officers, peace officers, or law enforcement officers so authorized by duly constituted authorities. 806.13 Criminal mischief; penalties; penalty for minor. (1) (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. (b) 1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any person who willfully and maliciously defaces, injures, or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200. (3) Whoever, without the consent of the owner thereof, willfully destroys or substantially damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers, or any other apparatus, equipment, or appliances, which destruction or damage renders a public telephone inoperative or which opens the body of a public telephone, commits a felony of the third degree, punishable as State Statutes 698 provided in s. 775.082, s. 775.083, or s. 775.084; provided, however, that a conspicuous notice of the provisions of this subsection and the penalties provided is posted on or near the destroyed or damaged instrument and visible to the public at the time of the commission of the offense. (4) Any person who willfully and maliciously defaces, injures, or damages by any means a sexually violent predator detention or commitment facility, as defined in part V of chapter 394, or any property contained therein, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200. (5) (a) The amounts of value of damage to property owned by separate persons, if the property was damaged during one scheme or course of conduct, may be aggregated in determining the grade of the offense under this section. (b) Any person who violates this section may, in addition to any other criminal penalty, be required to pay for the damages caused by such offense. (6) (a) Any person who violates this section when the violation is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to pay a fine of: 1. Not less than $250 for a first conviction. 2. Not less than $500 for a second conviction. 3. Not less than $1,000 for a third or subsequent conviction. (b) Any person convicted under this section when the offense is related to the placement of graffiti shall, in addition to any other criminal penalty, be required to perform at least 40 hours of community service and, if possible, perform at least 100 hours of community service that involves the removal of graffiti. (c) If a minor commits a delinquent act prohibited under paragraph (a), the parent or legal guardian of the minor is liable along with the minor for payment of the fine. The court may decline to order a person to pay a fine under paragraph (a) if the court finds that the person is indigent and does not have the ability to pay the fine or if the court finds that the person does not have the ability to pay the fine whether or not the person is indigent. (7) In addition to any other penalty provided by law, if a minor is found to have committed a delinquent act under this section for placing graffiti on any public property or private property, and: (a) The minor is eligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or withhold issuance of the minor's driver's license or driving privilege for not more than 1 year. (b) The minor's driver's license or driving privilege is under suspension or revocation for any reason, the court shall direct the Department of Highway Safety and Motor Vehicles to extend the period of suspension or revocation by an additional period of not more than 1 year. (c) The minor is ineligible by reason of age for a driver's license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance of the minor's driver's license or driving privilege for not more than 1 year after the date on which he or she would otherwise have become eligible. (8) A minor whose driver's license or driving privilege is revoked, suspended, or withheld under subsection (7) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor's driver's license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor's family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed. As used in this subsection, the term "community service" means cleaning graffiti from public property. (9) Because of the difficulty of confronting the blight of graffiti, it is the intent of the Legislature that municipalities and counties not be preempted by state law from establishing ordinances that prohibit the marking of graffiti or other graffiti-related offenses. Furthermore, as related to graffiti, such municipalities and counties are not preempted by state law from establishing higher penalties than those provided by state law and mandatory penalties when state law provides discretionary penalties. Such higher and mandatory penalties include fines that do not exceed the amount specified in ss. 125.69 and 162.21, community service, restitution, and State Statutes 699 forfeiture. Upon a finding that a juvenile has violated a graffiti-related ordinance, a court acting under chapter 985 may not provide a disposition of the case which is less severe than any mandatory penalty prescribed by municipal or county ordinance for such violation. 806.14 Art works in public buildings; willful damage; unauthorized removal; penalties (1) Whoever willfully destroys, mutilates, defaces, injures, or, without authority, removes any work of art displayed in a public building is guilty of a criminal offense. (2) (a) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $200 or less, the offense is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is greater than $200 but less than $1,000, the offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) If the damage to the work of art is such that the cost of restoration, in labor and supplies, or if the replacement value, is $1,000 or more, the offense is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 810.011 Definitions. As used in this chapter: (1) "Structure" means a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof. (2) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether such building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants thereof as exist at the original site, regardless of absence of a wall or roof. (3) "Conveyance" means any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car; and "to enter a conveyance" includes taking apart any portion of the conveyance. However, during the time of a state of emergency declared by executive order or proclamation of the Governor under chapter 252 and within the area covered by such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the term "conveyance" means a motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car or such portions thereof as exist. (4) An act is committed "in the course of committing" if it occurs in an attempt to commit the offense or in flight after the attempt or commission. (5) (a) "Posted land" is that land upon which: 1. Signs are placed not more than 500 feet apart along, and at each corner of, the boundaries of the land, upon which signs there appears prominently, in letters of not less than 2 inches in height, the words "no trespassing" and in addition thereto the name of the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary line of posted land in a manner and in such position as to be clearly noticeable from outside the boundary line; or 2. a. Conspicuous no trespassing notice is painted on trees or posts on the property, provided that the notice is: (I) Painted in an international orange color and displaying the stenciled words "No Trespassing" in letters no less than 2 inches high and 1 inch wide either vertically or horizontally; (II) Placed so that the bottom of the painted notice is not less than 3 feet from the ground or more than 5 feet from the ground; and (III)Placed at locations that are readily visible to any person approaching the property and no more than 500 feet apart on agricultural land. b. Beginning October 1, 2007, when a landowner uses the painted no State Statutes 700 trespassing posting to identify a "no trespassing" area, those painted notices shall be accompanied by signs complying with subparagraph 1. and placed conspicuously at all places where entry to the property is normally expected or known to occur. (b) It shall not be necessary to give notice by posting on any enclosed land or place not exceeding 5 acres in area on which there is a dwelling house in order to obtain the benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands. (6) "Cultivated land" is that land which has been cleared of its natural vegetation and is presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of a crop rotation. (7) "Fenced land" is that land which has been enclosed by a fence of substantial construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other wire, or other material, which stands at least 3 feet in height. For the purpose of this chapter, it shall not be necessary to fence any boundary or part of a boundary of any land which is formed by water. (8) Where lands are posted, cultivated, or fenced as described herein, then said lands, for the purpose of this chapter, shall be considered as enclosed and posted. (9) "Litter" means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container, paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (10) "Dump" means to dump, throw, discard, place, deposit, or dispose of any litter. (11) "Commercial horticulture property" means any property that is cleared of its natural vegetation and is planted in commercially cultivated horticulture products that are planted, grown, or harvested. The term also includes property that is used for the commercial sale, use, or distribution of horticulture products. (12) "Agricultural chemicals manufacturing facility" means any facility, and any properties or structures associated with the facility, used for the manufacture, processing, or storage of agricultural chemicals classified in Industry Group 287 contained in the Standard Industrial Classification Manual, 1987, as published by the Office of Management and Budget, Executive Office of the President. (13) "Construction site" means any property upon which there is construction that is subject to building permit posting requirements. 810.02 Burglary (1) (a) For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain. (b) For offenses committed after July 1, 2001, “burglary” means: 1. Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or 2. Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: a. Surreptitiously, with the intent to commit an offense therein; b. After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or c. To commit or attempt to commit a forcible felony, as defined in s. 776.08. (2) Burglary is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender: (a) Makes an assault or battery upon any person; or (b) Is or becomes armed within the dwelling, structure, or conveyance, with explosives or a dangerous weapon; or (c) Enters an occupied or unoccupied dwelling or structure, and: 1. Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense, and thereby damages the dwelling or structure; or 2. Causes damage to the dwelling or structure, or to property within the dwelling or structure in excess of $1,000. State Statutes 701 (3) Burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a: (a) Dwelling, and there is another person in the dwelling at the time the offender enters or remains; (b) Dwelling, and there is not another person in the dwelling at the time the offender enters or remains; (c) Structure, and there is another person in the structure at the time the offender enters or remains; (d) Conveyance, and there is another person in the conveyance at the time the offender enters or remains; (e) Authorized emergency vehicle, as defined in s. 316.003; or (f) Structure or conveyance when the offense intended to be committed therein is theft of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance. However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. (4) Burglary is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a: (a) Structure, and there is not another person in the structure at the time the offender enters or remains; or (b) Conveyance, and there is not another person in the conveyance at the time the offender enters or remains. However, if the burglary is committed within a county that is subject to a state of emergency declared by the Governor under chapter 252 after the declaration of emergency is made and the perpetration of the burglary is facilitated by conditions arising from the emergency, the burglary is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. A person arrested for committing a burglary within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. 810.06 Possession of burglary tools. Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 810.061 Impairing or impeding telephone or power to a dwelling; facilitating or furthering a burglary; penalty. (1) As used in this section, the term "burglary" has the meaning ascribed in s. State Statutes 702 810.02(1)(b). (2) A person who, for the purpose of facilitating or furthering the commission or attempted commission of a burglary of a dwelling by any person, damages a wire or line that transmits or conveys telephone or power to that dwelling, impairs any other equipment necessary for telephone or power transmission or conveyance, or otherwise impairs or impedes such telephone or power transmission or conveyance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 810.07 Prima facie evidence of intent. (1) In a trial on the charge of burglary, proof of the entering of such structure or conveyance at any time stealthily and without consent of the owner or occupant thereof is prima facie evidence of entering with intent to commit an offense. (2) In a trial on the charge of attempted burglary, proof of the attempt to enter such structure or conveyance at any time stealthily and without the consent of the owner or occupant thereof is prima facie evidence of attempting to enter with intent to commit an offense. 810.08 Trespass in structure or conveyance. (1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance. (2) (a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) If there is a human being in the structure or conveyance at the time the offender trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) If the offender is armed with a firearm or other dangerous weapon, or arms himself or herself with such while in the structure or conveyance, the trespass in a structure or conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and he or she reasonably believes that the person to be taken into custody and detained has committed or is committing such violation. In the event a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention by such person, if done in compliance with the requirements of this paragraph, shall not render such person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (3) As used in this section, the term "person authorized" means any owner or lessee, or his or her agent, or any law enforcement officer whose department has received written authorization from the owner or lessee, or his or her agent, to communicate an order to depart the property in the case of a threat to public safety or welfare. 810.09 Trespass on property other than structure or conveyance. (1) (a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance: 1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or 2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass, commits the offense of trespass on property other than a structure or conveyance. (b) As used in this section, the term "unenclosed curtilage" means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling. (2) (a) Except as provided in this subsection, trespass on property other than a structure or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. State Statutes 703 (b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person, or if the offender willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps litter on property; or trespasses on property other than a structure or conveyance, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer shall be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention. (d) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is: 1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY."; or 2. One acre or less in area and is identified as such with a sign that appears prominently, in letters of not less than 2 inches in height, and reads in substantially the following manner: "THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." The sign shall be placed at the location on the property where the permits for construction are located. For construction sites of 1 acre or less as provided in this subparagraph, it shall not be necessary to give notice by posting as defined in s. 810.011(5). (e) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial horticulture property and the property is legally posted and identified in substantially the following manner: "THIS AREA IS DESIGNATED COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." (f) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site for testing or research purposes that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." (g) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence center certified under s. 39.905 which is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED RESTRICTED SITE AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." (h) Any person who in taking or attempting to take any animal described in s. 379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal projectile over or across private land without authorization commits trespass, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this paragraph, the term "potentially lethal projectile" includes any projectile launched from any firearm, bow, crossbow, or similar tensile device. This section does not apply to any governmental agent or employee acting within the scope of his or her official duties. (i) The offender commits a felony of the third degree, punishable as provided in s. State Statutes 704 775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural chemicals manufacturing facility that is legally posted and identified in substantially the following manner: "THIS AREA IS A DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY." (3) As used in this section, the term "authorized person" or "person authorized" means any owner, his or her agent, or a community association authorized as an agent for the owner, or any law enforcement officer whose department has received written authorization from the owner, his or her agent, or a community association authorized as an agent for the owner, to communicate an order to leave the property in the case of a threat to public safety or welfare. 810.095 Trespass on school property with firearm or other weapon prohibited. (1) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person who is trespassing upon school property to bring onto, or to possess on, such school property any weapon as defined in s. 790.001(13) or any firearm. (2) As used in this section, "school property" means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic. 810.097 Trespass upon grounds or facilities of a school; penalties; arrest. (1) Any person who: (a) Does not have legitimate business on the campus or any other authorization, license, or invitation to enter or remain upon school property; or (b) Is a student currently under suspension or expulsion; and who enters or remains upon the campus or any other facility owned by any such school commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who enters or remains upon the campus or other facility of a school after the principal of such school, or his or her designee, has directed such person to leave such campus or facility or not to enter upon the campus or facility, commits a trespass upon the grounds of a school facility and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) The chief administrative officer of a school, or any employee thereof designated by the chief administrative officer to maintain order on such campus or facility, who has probable cause to believe that a person is trespassing upon school grounds in violation of this section may take such person into custody and detain him or her in a reasonable manner for a reasonable length of time pending arrival of a law enforcement officer. Such taking into custody and detention by an authorized person does not render that person criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a trespasser is taken into custody, a law enforcement officer shall be called to the scene immediately after the person is taken into custody. (4) Any law enforcement officer may arrest either on or off the premises and without warrant any person the officer has probable cause for believing has committed the offense of trespass upon the grounds of a school facility. Such arrest shall not render the law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (5) As used in this section, the term "school" means the grounds or any facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic. 810.0975 School safety zones; definition; trespass prohibited; penalty. (1) For the purposes of this section, the term “school safety zone” means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education. (2) (a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone. (b) State Statutes 705 1. During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. 2. a. Except as provided in sub-subparagraph b., a person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. b. A person who violates this subsection and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) 1. Except as provided in subparagraph 2., a person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. A person who violates subparagraph 1. and who has been previously convicted of any offense contained in chapter 874 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) This section does not abridge or infringe upon the right of any person to peaceably assemble and protest. (4) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone. 810.10 Posted land; removing notices unlawful; penalty. (1) It is unlawful for any person to willfully remove, destroy, mutilate, or commit any act designed to remove, mutilate, or reduce the legibility or effectiveness of any posted notice placed by the owner, tenant, lessee, or occupant of legally enclosed or legally posted land pursuant to any law of this state for the purpose of legally enclosing the same. (2) Any person violating the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 810.11 Placing signs adjacent to highways; penalty. (1) All persons are prohibited from placing, posting, or erecting signs upon land or upon trees upon land adjacent to or adjoining all public highways of the state, without the written consent of the owner of such land, or the written consent of the attorney or agent of such owner. (2) Every person convicted of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 810.115 Breaking or injuring fences. (1) Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or otherwise creates or causes to be created an opening, gap, interruption, or break in any fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever causes to be broken down, marred, injured, defaced, or cut any fence belonging to or enclosing land not his or her own, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent offense under this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If the offender breaks or injures a fence as provided in subsection (1) and the fence or any part thereof is used to contain animals at the time of the offense, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) The court may require full compensation to the owner of the fence for any and all damages or losses resulting directly or indirectly from the act or commission pursuant to s. 775.089. 810.12 Unauthorized entry on land; prima facie evidence of trespass. State Statutes 706 (1) The unauthorized entry by any person into or upon any enclosed and posted land shall be prima facie evidence of the intention of such person to commit an act of trespass. (2) The act of entry upon enclosed and posted land without permission of the owner of said land by any worker, servant, employee, or agent while actually engaged in the performance of his or her work or duties incident to such employment and while under the supervision or direction, or through the procurement, of any other person acting as supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie evidence of the causing, and of the procurement, of such act by the supervisor, foreman, employer, principal, or other person. (3) The act committed by any person or persons of taking, transporting, operating, or driving, or the act of permitting or consenting to the taking or transporting of, any machine, tool, motor vehicle, or draft animal into or upon any enclosed and posted land without the permission of the owner of said land by any person who is not the owner of such machine, tool, vehicle, or animal, but with the knowledge or consent of the owner of such machine, tool, vehicle, or animal, or of the person then having the right to possession thereof, shall be prima facie evidence of the intent of such owner of such machine, tool, vehicle, or animal, or of the person then entitled to the possession thereof, to cause or procure an act of trespass. (4) As used herein, the term "owner of said land" shall include the beneficial owner, lessee, occupant, or other person having any interest in said land under and by virtue of which that person is entitled to possession thereof, and shall also include the agents or authorized employees of such owner. (5) However, this section shall not apply to any official or employee of the state or a county, municipality, or other governmental agency now authorized by law to enter upon lands or to registered engineers and surveyors and mappers authorized to enter lands pursuant to ss. 471.027 and 472.029. The provisions of this section shall not apply to the trimming or cutting of trees or timber by municipal or private public utilities, or their employees, contractors, or subcontractors, when such trimming is required for the establishment or maintenance of the service furnished by any such utility. (6) The unlawful dumping by any person of any litter in violation of s. 403.413(4) is prima facie evidence of the intention of such person to commit an act of trespass. If any waste that is dumped in violation of s. 403.413(4) is discovered to contain any article, including, but not limited to, a letter, bill, publication, or other writing that displays the name of a person thereon, addressed to such person or in any other manner indicating that the article last belonged to such person, that discovery raises a mere inference that the person so identified has violated this section. If the court finds that the discovery of the location of the article is corroborated by the existence of an independent fact or circumstance which, standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4), such person is rebuttably presumed to have violated that section. 810.14 Voyeurism prohibited; penalties. (1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent: (a) Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy. (b) Secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance. As used in this paragraph, the term “intimate area” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view. (2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083. (3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered State Statutes 707 separately, prior to the current offense. 810.145 Video voyeurism. (1) As used in this section, the term: (a) “Broadcast” means electronically transmitting a visual image with the intent that it be viewed by another person. (b) “Imaging device” means any mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting visual images of another person. (c) “Place and time when a person has a reasonable expectation of privacy” means a place and time when a reasonable person would believe that he or she could fully disrobe in privacy, without being concerned that the person’s undressing was being viewed, recorded, or broadcasted by another, including, but not limited to, the interior of a residential dwelling, bathroom, changing room, fitting room, dressing room, or tanning booth. (d) “Privately exposing the body” means exposing a sexual organ. (2) A person commits the offense of video voyeurism if that person: (a) For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; (b) For the amusement, entertainment, sexual arousal, gratification, or profit of another, or on behalf of another, intentionally permits the use or installation of an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; or (c) For the amusement, entertainment, sexual arousal, gratification, or profit of oneself or another, or on behalf of oneself or another, intentionally uses an imaging device to secretly view, broadcast, or record under or through the clothing being worn by another person, without that person’s knowledge and consent, for the purpose of viewing the body of, or the undergarments worn by, that person. (3) A person commits the offense of video voyeurism dissemination if that person, knowing or having reason to believe that an image was created in a manner described in this section, intentionally disseminates, distributes, or transfers the image to another person for the purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person. (4) A person commits the offense of commercial video voyeurism dissemination if that person: (a) Knowing or having reason to believe that an image was created in a manner described in this section, sells the image for consideration to another person; or (b) Having created the image in a manner described in this section, disseminates, distributes, or transfers the image to another person for that person to sell the image to others. (5) This section does not apply to any: (a) Law enforcement agency conducting surveillance for a law enforcement purpose; (b) Security system when a written notice is conspicuously posted on the premises stating that a video surveillance system has been installed for the purpose of security for the premises; (c) Video surveillance device that is installed in such a manner that the presence of the device is clearly and immediately obvious; or (d) Dissemination, distribution, or transfer of images subject to this section by a provider of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this section, the exceptions to the definition of “electronic communication” set forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not apply, but are included within the definition of the term. (6) Except as provided in subsections (7) and (8): (a) A person who is under 19 years of age and who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who is 19 years of age or older and who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) A person who violates this section and State Statutes 708 who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) (a) A person who is: 1. Eighteen years of age or older who is responsible for the welfare of a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child, and who commits an offense under this section against that child; 2. Eighteen years of age or older who is employed at a private school as defined in s. 1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under this section against a student of the private school, school, or voluntary prekindergarten education program; or 3. Twenty-four years of age or older who commits an offense under this section against a child younger than 16 years of age, regardless of whether the person knows or has reason to know the age of the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who violates this subsection and who has previously been convicted of or adjudicated delinquent for any violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (9) For purposes of this section, a person has previously been convicted of or adjudicated delinquent for a violation of this section if the violation resulted in a conviction that was sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense. 812.012 Definitions. As used in ss. 812.012-812.037: (1) "Cargo" means partial or entire shipments, containers, or cartons of property which are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station, freight consolidation facility, or air navigation facility. (2) "Dealer in property" means any person in the business of buying and selling property. (3) "Obtains or uses" means any manner of: (a) Taking or exercising control over property. (b) Making any unauthorized use, disposition, or transfer of property. (c) Obtaining property by fraud, willful misrepresentation of a future act, or false promise. (d) 1. Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or 2. Other conduct similar in nature. (4) "Property" means anything of value, and includes: (a) Real property, including things growing on, affixed to, and found in land. (b) Tangible or intangible personal property, including rights, privileges, interests, and claims. (c) Services. (5) "Property of another" means property in which a person has an interest upon which another person is not privileged to infringe without consent, whether or not the other person also has an interest in the property. (6) "Services" means anything of value resulting from a person's physical or mental labor or skill, or from the use, possession, or presence of property, and includes: (a) Repairs or improvements to property. (b) Professional services. (c) Private, public, or government communication, transportation, power, water, or sanitation services. (d) Lodging accommodations. (e) Admissions to places of exhibition or entertainment. (7) "Stolen property" means property that has been the subject of any criminally wrongful taking. (8) "Traffic" means: (a) To sell, transfer, distribute, dispense, or otherwise dispose of property. (b) To buy, receive, possess, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. (9) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact although not a legal entity. (10) "Value" means value determined according to any of the following: (a) State Statutes 709 1. Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. 2. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. 3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret. (b) If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100. (c) Amounts of value of separate properties involved in thefts committed pursuant to one scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense. 812.014 Theft. (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property. (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property. (2) (a) 1. If the property stolen is valued at $100,000 or more or is a semitrailer that was deployed by a law enforcement officer; or 2. If the property stolen is cargo valued at $50,000 or more that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; or 3. If the offender commits any grand theft and: a. In the course of committing the offense the offender uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to assist in committing the offense and thereby damages the real property of another; or b. In the course of committing the offense the offender causes damage to the real or personal property of another in excess of $1,000, the offender commits grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084. (b) 1. If the property stolen is valued at $20,000 or more, but less than $100,000; 2. The property stolen is cargo valued at less than $50,000 that has entered the stream of interstate or intrastate commerce from the shipper’s loading platform to the consignee’s receiving dock; 3. The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401; or 4. The property stolen is law enforcement equipment, valued at $300 or more, that is taken from an authorized emergency vehicle, as defined in s. 316.003, the offender commits grand theft in the second degree, punishable as a felony of the second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical equipment means mechanical or electronic apparatus used to provide emergency services and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement equipment means any property, device, or apparatus used by any law enforcement officer as defined in s. 943.10 in the officer’s official business. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the theft is committed after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As State Statutes 710 used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. (c) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is: 1. Valued at $300 or more, but less than $5,000. 2. Valued at $5,000 or more, but less than $10,000. 3. Valued at $10,000 or more, but less than $20,000. 4. A will, codicil, or other testamentary instrument. 5. A firearm. 6. A motor vehicle, except as provided in paragraph (a). 7. Any commercially farmed animal, including any animal of the equine, bovine, or swine class or other grazing animal; a bee colony of a registered beekeeper; and aquaculture species raised at a certified aquaculture facility. If the property stolen is aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be imposed. 8. Any fire extinguisher. 9. Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit. 10.Taken from a designated construction site identified by the posting of a sign as provided for in s. 810.09(2)(d). 11.Any stop sign. 12.Anhydrous ammonia. 13.Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate judgments and sentences for theft of a controlled substance under this subparagraph and for any applicable possession of controlled substance offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance. However, if the property is stolen within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if the property is valued at $10,000 or more, but less than $20,000, as provided under subparagraph 3. As used in this paragraph, the term “conditions arising from the emergency” means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or the response time for first responders or homeland security personnel. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed. (d) It is grand theft of the third degree and a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100 or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1). (e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083. (3) (a) Theft of any property not specified in subsection (2) is petit theft of the second degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and as provided in subsection (5), as applicable. (b) A person who commits petit theft and who has previously been convicted of any theft commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A person who commits petit theft and who has previously been convicted two or more times of any theft commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (d) 1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by State Statutes 711 the judge, and recorded by the clerk of the circuit court. The judge shall cause to be affixed to every such written judgment of guilty of petit theft, in open court and in the presence of such judge, the fingerprints of the defendant against whom such judgment is rendered. Such fingerprints shall be affixed beneath the judge’s signature to such judgment. Beneath such fingerprints shall be appended a certificate to the following effect: “I hereby certify that the above and foregoing fingerprints on this judgment are the fingerprints of the defendant, , and that they were placed thereon by said defendant in my presence, in open court, this the day of, (year).” Such certificate shall be signed by the judge, whose signature thereto shall be followed by the word “Judge.” 2. Any such written judgment of guilty of a petit theft, or a certified copy thereof, is admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon and certified by the judge are the fingerprints of the defendant against whom such judgment of guilty of a petit theft was rendered. (4) Failure to comply with the terms of a lease when the lease is for a term of 1 year or longer shall not constitute a violation of this section unless demand for the return of the property leased has been made in writing and the lessee has failed to return the property within 7 days of his or her receipt of the demand for return of the property. A demand mailed by certified or registered mail, evidenced by return receipt, to the last known address of the lessee shall be deemed sufficient and equivalent to the demand having been received by the lessee, whether such demand shall be returned undelivered or not. (5) (a) No person shall drive a motor vehicle so as to cause it to leave the premises of an establishment at which gasoline offered for retail sale was dispensed into the fuel tank of such motor vehicle unless the payment of authorized charge for the gasoline dispensed has been made. (b) In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty of a petit theft for property described in this subsection shall provide for the suspension of the convicted person’s driver license. The court shall forward the driver license to the Department of Highway Safety and Motor Vehicles in accordance with s. 322.25. 1. The first suspension of a driver license under this subsection shall be for a period of up to 6 months. 2. The second or subsequent suspension of a driver license under this subsection shall be for a period of 1 year. (6) A person who individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing theft under this section where the stolen property has a value in excess of $3,000 commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 812.0145 Theft from persons 65 years of age or older; reclassification of offenses. (1) A person who is convicted of theft of more than $1,000 from a person 65 years of age or older shall be ordered by the sentencing judge to make restitution to the victim of such offense and to perform up to 500 hours of community service work. Restitution and community service work shall be in addition to any fine or sentence which may be imposed and shall not be in lieu thereof. (2) Whenever a person is charged with committing theft from a person 65 years of age or older, when he or she knows or has reason to believe that the victim was 65 years of age or older, the offense for which the person is charged shall be reclassified as follows: (a) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If the funds, assets, or property involved in the theft from a person 65 years of age or older is valued at $300 or more, but less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 812.015 Retail and farm theft; transit fare evasion; mandatory fine; alternative punishment; detention and arrest; exemption from liability for false arrest; State Statutes 712 resisting arrest; penalties. (1) As used in this section: (a) “Merchandise” means any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a merchant. (b) “Merchant” means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises or apparatus used for retail purchase or sale of any merchandise. (c) “Value of merchandise” means the sale price of the merchandise at the time it was stolen or otherwise removed, depriving the owner of her or his lawful right to ownership and sale of said item. (d) “Retail theft” means the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, or full retail value. (e) “Farm produce” means livestock or any item grown, produced, or manufactured by a person owning, renting, or leasing land for the purpose of growing, producing, or manufacturing items for sale or personal use, either part time or full time. (f) “Farmer” means a person who is engaging in the growing or producing of farm produce, milk products, honey, eggs, or meat, either part time or full time, for personal consumption or for sale and who is the owner or lessee of the land or a person designated in writing by the owner or lessee to act as her or his agent. No person defined as a farm labor contractor pursuant to s. 450.28 shall be designated to act as an agent for purposes of this section. (g) “Farm theft” means the unlawful taking possession of any items that are grown or produced on land owned, rented, or leased by another person. The term includes the unlawful taking possession of equipment and associated materials used to grow or produce farm products as defined in s. 823.14(3)(c). (h) “Antishoplifting or inventory control device” means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt. (i) “Antishoplifting or inventory control device countermeasure” means any item or device which is designed, manufactured, modified, or altered to defeat any antishoplifting or inventory control device. (j) “Transit fare evasion” means the unlawful refusal to pay the appropriate fare for transportation upon a mass transit vehicle, or to evade the payment of such fare, or to enter any mass transit vehicle or facility by any door, passageway, or gate, except as provided for the entry of fare-paying passengers, and shall constitute petit theft as proscribed by this chapter. (k) “Mass transit vehicle” means buses, rail cars, or fixed-guideway mover systems operated by, or under contract to, state agencies, political subdivisions of the state, or municipalities for the transportation of fare-paying passengers. (l) “Transit agency” means any state agency, political subdivision of the state, or municipality which operates mass transit vehicles. (m)“Trespass” means the violation as described in s. 810.08. (2) Upon a second or subsequent conviction for petit theft from a merchant, farmer, or transit agency, the offender shall be punished as provided in s. 812.014(3), except that the court shall impose a fine of not less than $50 or more than $1,000. However, in lieu of such fine, the court may require the offender to perform public services designated by the court. In no event shall any such offender be required to perform fewer than the number of hours of public service necessary to satisfy the fine assessed by the court, as provided by this subsection, at the minimum wage prevailing in the state at the time of sentencing. (3) (a) A law enforcement officer, a merchant, a farmer, or a transit agency’s employee or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner for a State Statutes 713 reasonable length of time. In the case of a farmer, taking into custody shall be effectuated only on property owned or leased by the farmer. In the event the merchant, merchant’s employee, farmer, or a transit agency’s employee or agent takes the person into custody, a law enforcement officer shall be called to the scene immediately after the person has been taken into custody. (b) The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device. (c) The taking into custody and detention by a law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent, if done in compliance with all the requirements of this subsection, shall not render such law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (4) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person the officer has probable cause to believe unlawfully possesses, or is unlawfully using or attempting to use or has used or attempted to use, any antishoplifting or inventory control device countermeasure or has committed theft in a retail or wholesale establishment or on commercial or private farm lands of a farmer or transit fare evasion or trespass. (5) (a) A merchant, merchant’s employee, farmer, or a transit agency’s employee or agent who takes a person into custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false imprisonment when the merchant, merchant’s employee, farmer, or a transit agency’s employee or agent has probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass. (b) If a merchant or merchant’s employee takes a person into custody as provided in this section, or acts as a witness with respect to any person taken into custody as provided in this section, the merchant or merchant’s employee may provide his or her business address rather than home address to any investigating law enforcement officer. (6) An individual who, while committing or after committing theft of property, transit fare evasion, or trespass, resists the reasonable effort of a law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent to recover the property or cause the individual to pay the proper transit fare or vacate the transit facility which the law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent had probable cause to believe the individual had concealed or removed from its place of display or elsewhere or perpetrated a transit fare evasion or trespass commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the individual did not know, or did not have reason to know, that the person seeking to recover the property was a law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent. For purposes of this section the charge of theft and the charge of resisting may be tried concurrently. (7) It is unlawful to possess, or use or attempt to use, any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise. Any person who possesses any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who uses or attempts to use any antishoplifting or inventory control device countermeasure within any premises used for the retail purchase or sale of any merchandise commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) Except as provided in subsection (9), a person who commits retail theft commits a felony of the third degree, punishable as State Statutes 714 provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $300 or more, and the person: (a) Individually, or in concert with one or more other persons, coordinates the activities of one or more individuals in committing the offense, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; (b) Commits theft from more than one location within a 48-hour period, in which case the amount of each individual theft is aggregated to determine the value of the property stolen; (c) Acts in concert with one or more other individuals within one or more establishments to distract the merchant, merchant’s employee, or law enforcement officer in order to carry out the offense, or acts in other ways to coordinate efforts to carry out the offense; or (d) Commits the offense through the purchase of merchandise in a package or box that contains merchandise other than, or in addition to, the merchandise purported to be contained in the package or box. (9) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person: (a) Violates subsection (8) and has previously been convicted of a violation of subsection (8); or (b) Individually, or in concert with one or more other persons, coordinates the activities of one or more persons in committing the offense of retail theft where the stolen property has a value in excess of $3,000. 812.016 Possession of altered property. Any dealer in property who knew or should have known that the identifying features, such as serial numbers and permanently affixed labels, of property in his or her possession had been removed or altered without the consent of the manufacturer, shall be guilty of a misdemeanor of the first degree, punishable as defined in ss. 775.082 and 775.083. 812.017 Use of a fraudulently obtained or false receipt. (1) Any person who requests a refund of merchandise, money, or any other thing of value through the use of a fraudulently obtained receipt or false receipt commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who obtains merchandise, money, or any other thing of value through the use of a fraudulently obtained receipt or false receipt commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 812.019 Dealing in stolen property. (1) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should know was stolen shall be guilty of a felony of the second degree, punishable as provided in ss. 775.082, 775.083, and 775.084. (2) Any person who initiates, organizes, plans, finances, directs, manages, or supervises the theft of property and traffics in such stolen property shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082, 775.083, and 775.084. 812.0195 Dealing in stolen property by use of the Internet. Any person in this state who uses the Internet to sell or offer for sale any merchandise or other property that the person knows, or has reasonable cause to believe, is stolen commits: (1) A misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if the value of the property is less than $300; or (2) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the property is $300 or more. 812.022 Evidence of theft or dealing in stolen property. (1) Proof that a person presented false identification, or identification not current with respect to name, address, place of employment, or other material aspects, in connection with the leasing of personal property, or failed to return leased property within 72 hours of the termination of the leasing agreement, unless satisfactorily explained, gives rise to an inference that such property was obtained or is now used with intent to commit theft. (2) Except as provided in subsection (5), proof of possession of property recently stolen, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. State Statutes 715 (3) Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen. (4) Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen. (5) Proof that a dealer who regularly deals in used property possesses stolen property upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen. (a) If the name and phone number are for a business that rents property, the dealer avoids the inference by contacting such business, prior to accepting the property, to verify that the property was not stolen from such business. If the name and phone number are not for a business that rents property, the dealer avoids the inference by contacting the local law enforcement agency in the jurisdiction where the dealer is located, prior to accepting the property, to verify that the property has not been reported stolen. An accurate written record, which contains the number called, the date and time of such call, and the name and place of employment of the person who verified that the property was not stolen, is sufficient evidence to avoid the inference pursuant to this subsection. (b) This subsection does not apply to: 1. Persons, entities, or transactions exempt from chapter 538. 2. Used sports equipment that does not contain a serial number, printed or recorded materials, computer software, or videos or video games. 3. A dealer who implements, in a continuous and consistent manner, a program for identification and return of stolen property that meets the following criteria: a. When a dealer is offered property for pawn or purchase that contains conspicuous identifying information that includes a name and phone number, or a dealer is offered property for pawn or purchase that contains ownership information that is affixed to the property pursuant to a written agreement with a business entity or group of associated business entities, the dealer will promptly contact the individual or company whose name is affixed to the property by phone to confirm that the property has not been stolen. If the individual or business contacted indicates that the property has been stolen, the dealer shall not accept the property. b. If the dealer is unable to verify whether the property is stolen from the individual or business, and if the dealer accepts the property that is later determined to have been stolen, the dealer will voluntarily return the property at no cost and without the necessity of a replevin action, if the property owner files the appropriate theft reports with law enforcement and enters into an agreement with the dealer to actively participate in the prosecution of the person or persons who perpetrated the crime. c. If a dealer is required by law to complete and submit a transaction form to law enforcement, the dealer shall include all conspicuously displayed ownership information on the transaction form. (6) Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. 812.025 Charging theft and dealing in stolen property. Notwithstanding any other provision of law, a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one scheme or course of conduct in separate counts that may be consolidated for trial, but the trier of fact may return a guilty verdict on one or the other, but not both, of the counts. 812.028 Defenses precluded. It shall not constitute a defense to a prosecution for any violation of the provisions of ss. 812.012-812.037 that: (1) Any stratagem or deception, including the use of an undercover operative or law enforcement officer, was employed. State Statutes 716 (2) A facility or an opportunity to engage in conduct in violation of any provision of this act was provided. (3) Property that was not stolen was offered for sale as stolen property. (4) A law enforcement officer solicited a person predisposed to engage in conduct in violation of any provision of ss. 812.012-812.037 in order to gain evidence against that person, provided such solicitation would not induce an ordinary law-abiding person to violate any provision of ss. 812.012-812.037. 812.037 Construction of ss. 812.012-812.037. Notwithstanding s. 775.021, ss. 812.012-812.037 shall not be construed strictly or liberally, but shall be construed in light of their purposes to achieve their remedial goals. 812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities. (1) Any law enforcement officer shall have the right to inspect any junkyard; scrap metal processing plant; motor vehicle or vessel salvage yard; licensed motor vehicle or vessel dealer's lot; motor vehicle, vessel, or outboard repair shop; parking lot; public garage; towing and storage facility; or other establishment dealing with salvaged motor vehicle, vessel, or outboard parts. (2) Such physical inspection shall be conducted during normal business hours and shall be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating the titling and registration of vehicles or vessels; inspecting vehicles, vessels, or outboard motors wrecked or dismantled; or inspecting records required in ss. 319.30 and 713.78. 812.062 Notification to owner and law enforcement agency initiating stolen motor vehicle report upon recovery of stolen vehicle. (1) Whenever any law enforcement agency recovers a motor vehicle which has been unlawfully taken from its owner, it shall, within 72 hours, notify, by teletype or by any other speedy means available, the law enforcement agency which initiated the stolen vehicle report of the recovery. The law enforcement agency which initiated the stolen vehicle report shall, within 7 days after notification, notify, if known, the registered owner, the insurer, and any registered lienholder of the vehicle of the recovery. (2) If notification has not been made within the 7-day period by the initiating agency, then notification shall be made immediately by certified letter, return receipt requested, by the law enforcement agency which initiated the stolen vehicle report. 812.081 Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty. (1) As used in this section, the term: (a) “Article” means any object, device, machine, material, substance, or composition of matter, or any mixture or copy thereof, whether in whole or in part, including any complete or partial writing, record, recording, drawing, sample, specimen, prototype model, photograph, microorganism, blueprint, map, or copy thereof. (b) “Representing” means completely or partially describing, depicting, embodying, containing, constituting, reflecting, or recording. (c) “Trade secret” means the whole or any portion or phase of any formula, pattern, device, combination of devices, or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not know or use it. The term includes any scientific, technical, or commercial information, including financial information, and includes any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof. Irrespective of novelty, invention, patentability, the state of the prior art, and the level of skill in the business, art, or field to which the subject matter pertains, a trade secret is considered to be: 1. Secret; 2. Of value; 3. For use or in use by the business; and 4. Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not know or use it when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (d) “Copy” means any facsimile, replica, State Statutes 717 photograph, or other reproduction in whole or in part of an article and any note, drawing, or sketch made of or from an article or part or portion thereof. (2) Any person who, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, steals or embezzles an article representing a trade secret or without authority makes or causes to be made a copy of an article representing a trade secret commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (3) In a prosecution for a violation of this section, the fact that the person so charged returned or intended to return the article so stolen, embezzled, or copied is not a defense. 812.13 Robbery. (1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. (2) (a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If in the course of committing the robbery the offender carried a weapon, then the robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If in the course of committing the robbery the offender carried no firearm, deadly weapon, or other weapon, then the robbery is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) An act shall be deemed "in the course of committing the robbery" if it occurs in an attempt to commit robbery or in flight after the attempt or commission. (b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events. 812.131 Robbery by sudden snatching. (1) "Robbery by sudden snatching" means the taking of money or other property from the victim's person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became aware of the taking. In order to satisfy this definition, it is not necessary to show that: (a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or (b) There was any resistance offered by the victim to the offender or that there was injury to the victim's person. (2) (a) If, in the course of committing a robbery by sudden snatching, the offender carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If, in the course of committing a robbery by sudden snatching, the offender carried no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) An act shall be deemed "in the course of committing a robbery by sudden snatching" if the act occurs in an attempt to commit robbery by sudden snatching or in fleeing after the attempt or commission. (b) An act shall be deemed "in the course of the taking" if the act occurs prior to, contemporaneous with, or subsequent to the taking of the property and if such act and the act of taking constitute a continuous series of acts or events. 812.133 Carjacking. (1) "Carjacking" means the taking of a motor vehicle which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the motor vehicle, when in the course of the taking there is the use of force, violence, assault, or putting in fear. (2) (a) If in the course of committing the carjacking the offender carried a firearm or other deadly weapon, then the carjacking is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If in the course of committing the State Statutes 718 carjacking the offender carried no firearm, deadly weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) An act shall be deemed "in the course of committing the carjacking" if it occurs in an attempt to commit carjacking or in flight after the attempt or commission. (b) An act shall be deemed "in the course of the taking" if it occurs either prior to, contemporaneous with, or subsequent to the taking of the property and if it and the act of taking constitute a continuous series of acts or events. 812.135 Home-invasion robbery. (1) "Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein. (2) (a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 812.14 Trespass and larceny with relation to utility fixtures; theft of utility services. (1) As used in this section, “utility” includes any person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, telephone service, telegraph service, radio service, or telecommunication service. (2) A person may not: (a) Willfully alter, tamper with, damage, or knowingly allow damage to a meter, meter seal, pipe, conduit, wire, line, cable, transformer, amplifier, or other apparatus or device belonging to a utility line service in such a manner as to cause loss or damage or to prevent any meter installed for registering electricity, gas, or water from registering the quantity which otherwise would pass through the same; (b) Alter the index or break the seal of any such meter; (c) Hinder or interfere in any way with the proper action or accurate registration of any such meter or device; (d) Knowingly use, waste, or allow the waste of, by any means, electricity, gas, or water passing through any such meter, wire, pipe, or fitting, or other appliance or appurtenance connected with or belonging to any such utility, after the meter, wire, pipe, or fitting, or other appliance or appurtenance has been tampered with, injured, or altered; (e) Connect or cause a connection with a wire, main, service pipe or other pipes, appliance, or appurtenance in a manner that uses, without the consent of the utility, any service or any electricity, gas, or water; (f) Cause a utility, without its consent, to supply any service or electricity, gas, or water to any person, firm, or corporation or any lamp, burner, orifice, faucet, or other outlet without reporting the service for payment; (g) Cause, without the consent of a utility, electricity, gas, or water to bypass a meter provided by the utility; or (h) Use or receive the direct benefit from the use of a utility knowing, or under circumstances that would induce a reasonable person to believe, that the direct benefits have resulted from any tampering with, altering of, or injury to any connection, wire, conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or other apparatus or device owned, operated, or controlled by such utility, for the purpose of avoiding payment. (3) The presence on the property of and the actual possession by a person of any device or alteration that prevents the registration of the use of services by a meter installed by the utility or that avoids the reporting of the use of services for payment is prima facie evidence of the violation of subsection (2) by such person. However, this presumption does not apply unless: (a) The presence of the device or alteration can be attributed only to a deliberate act in furtherance of an intent to avoid payment for utility services; (b) The person charged has received the State Statutes 719 direct benefit of the reduction of the cost of the utility services; and (c) The customer or recipient of the utility services has received the direct benefit of the utility service for at least one full billing cycle. (4) A person who willfully violates subsection (2) commits theft, punishable as provided in s. 812.014. (5) A person or entity that owns, leases, or subleases a property may not permit a tenant or occupant to use utility services knowing, or under such circumstances as would induce a reasonable person to believe, that such utility services have been connected in violation of subsection (2). (6) It is prima facie evidence that an owner, lessor, or sublessor intended to violate subsection (5) if: (a) A controlled substance and materials for manufacturing the controlled substance intended for sale or distribution to another were found in a dwelling or structure; (b) The dwelling or structure was visibly modified to accommodate the use of equipment to grow cannabis indoors, including, but not limited to, the installation of equipment to provide additional air conditioning, equipment to provide high-wattage lighting, or equipment for hydroponic cultivation; and (c) The person or entity that owned, leased, or subleased the dwelling or structure knew of, or did so under such circumstances as would induce a reasonable person to believe in, the presence of a controlled substance and materials for manufacturing a controlled substance in the dwelling or structure, regardless of whether the person or entity was involved in the manufacture or sale of a controlled substance or was in actual possession of the dwelling or structure. (7) An owner, lessor, or sublessor who willfully violates subsection (5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Prosecution for a violation of subsection (5) does not preclude prosecution for theft pursuant to subsection (8) or s. 812.014. (8) Theft of utility services for the purpose of facilitating the manufacture of a controlled substance is theft, punishable as provided in s. 812.014. (9) It is prima facie evidence of a person’s intent to violate subsection (8) if: (a) The person committed theft of utility services resulting in a dwelling, as defined in s. 810.011, or a structure, as defined in s. 810.011, receiving unauthorized access to utility services; (b) A controlled substance and materials for manufacturing the controlled substance were found in the dwelling or structure; and (c) The person knew or should have known of the presence of the controlled substance and materials for manufacturing the controlled substance in the dwelling or structure, regardless of whether the person was involved in the manufacture of the controlled substance. (10) Whoever is found in a civil action to have violated this section is liable to the utility involved in an amount equal to 3 times the amount of services unlawfully obtained or $3,000, whichever is greater. (11)(a)For purposes of determining a defendant’s liability for civil damages under subsection (10) or criminal restitution for the theft of electricity, the amount of civil damages or a restitution order must include all of the following amounts: 1. The costs to repair or replace damaged property owned by a utility, including reasonable labor costs. 2. Reasonable costs for the use of specialized equipment to investigate or calculate the amount of unlawfully obtained electricity services, including reasonable labor costs. 3. The amount of unlawfully obtained electricity services. (b) A prima facie showing of the amount of unlawfully obtained electricity services may be based on any methodology reasonably relied upon by a utility to estimate such loss. The methodology may consider the estimated start date of the theft and the estimated daily or hourly use of electricity. Once a prima facie showing has been made, the burden shifts to the defendant to demonstrate that the loss is other than that claimed by the utility. 1. The estimated start date of a theft may be based upon one or more of the following: a. The date of an overload notification from a transformer, or the tripping of a transformer, which the utility reasonably believes was overloaded as a result of the theft of electricity. b. The date the utility verified a substantive difference between the amount of electricity used at a property and the amount billed to the account holder. c. The date the utility or a law enforcement officer located a tap or State Statutes 720 other device bypassing a meter. d. The date the utility or a law enforcement officer observed or verified meter tampering. e. The maturity of a cannabis crop found in a dwelling or structure using unlawfully obtained electricity services the utility or a law enforcement officer reasonably believes to have been grown in the dwelling or structure. f. The date the utility or a law enforcement agency received a report of suspicious activity potentially indicating the presence of the unlawful cultivation of cannabis in a dwelling or structure or the date a law enforcement officer or an employee or contractor of a utility observed such suspicious activity. g. The date when a utility observed a significant change in metered energy usage. h. The date when an account with the utility was opened for a property that receives both metered and unlawfully obtained electricity services. i. Any other fact or data reasonably relied upon by the utility to estimate the start date of a theft of electricity. 2. The estimated average daily or hourly use of the electricity may be based upon any, or a combination, of the following: a. The load imposed by the fixtures, appliances, or equipment powered by unlawfully obtained electricity services. b. Recordings by the utility of the amount of electricity used by a property or the difference between the amount used and the amount billed. c. A comparison of the amount of electricity historically used by the property and the amount billed while the property was using unlawfully obtained electricity. d. A reasonable analysis of a meter that was altered or tampered with to prevent the creation of an accurate record of the amount of electricity obtained. e. Any other fact or data reasonably relied upon by utilities to estimate the amount of unlawfully obtained electricity services. (12) A court order requiring a defendant to pay restitution for damages to the property of a utility or for the theft of electricity need only be based on a conviction for a criminal offense that is causally connected to the damages or losses and bears a significant relationship to those damages or losses. A conviction for a violation of this section is not a prerequisite for a restitution order. Criminal offenses that bear a significant relationship and are causally connected to a violation of this section include, but are not limited to, offenses relating to the unlawful cultivation of cannabis in a dwelling or structure if the theft of electricity was used to facilitate the growth of the cannabis. (13) The amount of restitution that a defendant may be ordered to pay is not limited by the monetary threshold of any criminal charge on which the restitution order is based. (14) This section does not apply to licensed and certified electrical contractors while such persons are performing usual and ordinary service in accordance with recognized standards. 812.145 Theft of copper or other nonferrous metals. (1) As used in this section, the term: (a) “Communications services” means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is classified by the Federal Communications Commission as enhanced or value-added. (b) “Communications services provider” includes any person, firm, corporation, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of communications services. (c) “Copper or other nonferrous metals” means metals not containing significant quantities of iron or steel, including, without limitation, copper, copper alloy, copper utility or communications service wire, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (d) “Electrical substation” means a facility that takes electricity from the transmission grid and converts it to a lower voltage so it can be distributed to customers in the local State Statutes 721 area on the local distribution grid through one or more distribution lines less than 69 kilovolts in size. (e) “Utility” means a public utility or electric utility as defined in s. 366.02, or a person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or communications service. The term includes any person, firm, corporation, association, or political subdivision, whether private, municipal, county, or cooperative, which is engaged in the sale, generation, provision, or delivery of gas or electricity services. (f) “Utility service” means electricity for light, heat, or power and natural or manufactured gas for light, heat, or power, including the transportation, delivery, transmission, and distribution of electricity or natural or manufactured gas. (2) A person who knowingly and intentionally takes copper or other nonferrous metals from a utility or communications services provider, thereby causing damage to the facilities of a utility or communications services provider, interrupting or interfering with utility service or communications services, or interfering with the ability of a utility or communications services provider to provide service, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who is found in a civil action to have illegally taken copper or other nonferrous metals from a utility or communications services provider based on a conviction for a violation of subsection (2) is liable to the utility or communications services provider for damages in an amount equal to three times the actual damages sustained by the utility or communications services provider due to any personal injury, wrongful death, or property damage caused by the illegal taking of the nonferrous metals or an amount equal to three times any claim made against the utility or communications services provider for any personal injury, wrongful death, or property damage caused by the malfunction of the facilities of the utility or communications services provider resulting from the violation of subsection (2), whichever is greater. (4) A person who knowingly and intentionally removes copper or other nonferrous metals from an electrical substation without authorization of the utility commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 812.15 Unauthorized reception of communications services; penalties. (1) As used in this section, the term: (a)"Cable operator" means a communications service provider who provides some or all of its communications services pursuant to a "cable television franchise" issued by a "franchising authority," as those terms are defined in 47 U.S.C. s. 522(9) and (10) (1992). (b)"Cable system" means any communications service network, system, or facility owned or operated by a cable operator. (c) "Communications device" means any type of electronic mechanism, transmission line or connections and appurtenances thereto, instrument, device, machine, equipment, or software that is capable of intercepting, transmitting, acquiring, decrypting, or receiving any communications service, or any part, accessory, or component thereof, including any computer circuit, splitter, connector, switches, transmission hardware, security module, smart card, software, computer chip, electronic mechanism, or other component, accessory, or part of any communications device which is capable of facilitating the interception, transmission, retransmission, acquisition, decryption, or reception of any communications service. (d) "Communications service" means any service lawfully provided for a charge or compensation by any cable system or by any radio, fiber optic, photooptical, electromagnetic, photoelectronic, satellite, microwave, data transmission, Internet-based, or wireless distribution network, system, or facility, including, but not limited to, any electronic, data, video, audio, Internet access, microwave, and radio communications, transmissions, signals, and services, and any such communications, transmissions, signals, and services lawfully provided for a charge or compensation, directly or indirectly by or through any of those networks, systems, or facilities. (e) "Communications service provider" means: 1. Any person or entity owning or operating any cable system or any fiber optic, State Statutes 722 photooptical, electromagnetic, photoelectronic, satellite, wireless, microwave, radio, data transmission, or Internet-based distribution network, system, or facility. 2. Any person or entity providing any lawful communications service, whether directly or indirectly, as a reseller or licensee, by or through any such distribution network, system, or facility. (f) "Manufacture, development, or assembly of a communications device" means to make, produce, develop, or assemble a communications device or any part, accessory, or component thereof, or to modify, alter, program, or reprogram any communications device so that it is capable of facilitating the commission of a violation of this section. (g) "Multipurpose device" means any communications device that is capable of more than one function and includes any component thereof. (2) (a) A person may not knowingly intercept, receive, decrypt, disrupt, transmit, retransmit, or acquire access to any communications service without the express authorization of the cable operator or other communications service provider, as stated in a contract or otherwise, with the intent to defraud the cable operator or communications service provider, or to knowingly assist others in doing those acts with the intent to defraud the cable operator or other communications provider. For the purpose of this section, the term "assist others" includes: 1. The sale, transfer, license, distribution, deployment, lease, manufacture, development, or assembly of a communications device for the purpose of facilitating the unauthorized receipt, acquisition, interception, disruption, decryption, transmission, retransmission, or access to any communications service offered by a cable operator or any other communications service provider; or 2. The sale, transfer, license, distribution, deployment, lease, manufacture, development, or assembly of a communications device for the purpose of defeating or circumventing any effective technology, device, or software, or any component or part thereof, used by a cable operator or other communications service provider to protect any communications service from unauthorized receipt, acquisition, interception, disruption, access, decryption, transmission, or retransmission. (b) Any person who willfully violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (3) (a) Any person who willfully violates paragraph (2)(a), paragraph (4)(a), or subsection (5) and who has been previously convicted of any such provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who willfully and for purposes of direct or indirect commercial advantage or private financial gain violates paragraph (2)(a), paragraph (4)(a), or subsection (5) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) (a) Any person who intentionally possesses a communications device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of committing, or assisting others in committing, a violation of paragraph (2)(a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Any person who intentionally possesses five or more communications devices and knows or has reason to know that the design of such devices renders them primarily useful for committing, or assisting others in committing, a violation of paragraph (2)(a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any person who intentionally possesses fifty or more communications devices and knows or has reason to know that the design of such devices renders them primarily useful for committing, or assisting others in committing, a violation of paragraph (2)(a) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, including any electronic medium, any advertisement that, in whole or in part, promotes the sale of a communications device if the person placing the advertisement knows or has reason to know that the device is designed to be primarily useful for committing, or assisting others in committing, a violation of paragraph (2)(a). Any person who violates State Statutes 723 this subsection shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) All fines shall be imposed as provided in s. 775.083 for each communications device involved in the prohibited activity or for each day a defendant is in violation of this section. (7) The court shall, in addition to any other sentence authorized by law, sentence a person convicted of violating this section to make restitution as authorized by law. (8) Upon conviction of a defendant for violating this section, the court may, in addition to any other sentence authorized by law, direct that the defendant forfeit any communications device in the defendant's possession or control which was involved in the violation for which the defendant was convicted. (9) A violation of paragraph (2)(a) may be deemed to have been committed at any place where the defendant manufactures, develops, or assembles any communications devices involved in the violation, or assists others in these acts, or any place where the communications device is sold or delivered to a purchaser or recipient. It is not a defense to a violation of paragraph (2)(a) that some of the acts constituting the violation occurred outside the state. (10) (a) Any person aggrieved by any violation of this section may bring a civil action in a circuit court or in any other court of competent jurisdiction. (b) The court may: 1. Grant temporary and final injunctions on terms it finds reasonable to prevent or restrain violations of this section in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that a showing of special or irreparable damages to the person need not be made. 2. At any time while the action is pending, order the impounding, on reasonable terms, of any communications device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section, and may grant other equitable relief, including the imposition of a constructive trust, as the court considers reasonable and necessary. 3. Award damages pursuant to paragraphs (c), (d), and (e). 4. Direct the recovery of full costs, including awarding reasonable attorney's fees, to an aggrieved party who prevails. 5. As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communications device, or any other device or equipment, involved in the violation which is in the custody or control of the violator or has been impounded under subparagraph 2. (c) Damages awarded by any court under this section shall be computed in accordance with subparagraph 1. or subparagraph 2.: 1. The party aggrieved may recover the actual damages suffered by him or her as a result of the violation and any profits of the violator that are attributable to the violation which are not taken into account in computing the actual damages. a. Actual damages include the retail value of all communications services to which the violator had unauthorized access as a result of the violation and the retail value of any communications service illegally available to each person to whom the violator directly or indirectly provided or distributed a communications device. In proving actual damages, the party aggrieved must prove only that the violator manufactured, distributed, or sold a communications device and is not required to prove that any such device was actually used in violation of this section. b. In determining the violator's profits, the party aggrieved must prove only the violator's gross revenue, and the violator must prove his or her deductible expenses and the elements of profit attributable to factors other than the violation. 2. Upon election of such damages at any time before final judgment is entered, the party aggrieved may recover an award of statutory damages for each communications device involved in the action, in a sum of not less than $250 or more than $10,000 for each such device, as the court considers just. (d) In any case in which the court finds that the violation was committed willfully and for purposes of commercial advantage or financial gain, the court in its discretion may increase the award of damages, whether actual or statutory under this section, by an State Statutes 724 amount of not more than $50,000 for each communications device involved in the action and for each day the defendant is in violation of this section. (e) In any case in which the court finds that the violator was not aware and had no reason to believe that his or her acts constituted a violation of this section, the court in its discretion may reduce the award of damages to a sum of not less than $100. (11) This section shall not be construed to impose any criminal or civil liability upon any state or local law enforcement agency; any state or local government agency, municipality, or authority; or any communications service provider unless such entity is acting knowingly and with intent to defraud a communications service provider as defined in this section. (12) A person that manufactures, produces, assembles, designs, sells, distributes, licenses, or develops a multipurpose device shall not be in violation of this section unless that person acts knowingly and with an intent to defraud a communications services provider and the multipurpose device: (a)Is manufactured, developed, assembled, produced, designed, distributed, sold, or licensed for the primary purpose of committing a violation of this section; (b) Has only a limited commercially significant purpose or use other than for the commission of any violation of this section; or (c) Is marketed by that person or another acting in concert with that person with that person's knowledge for the purpose of committing any violation of this section. (13) Nothing in this section shall require that the design of, or design and selection of parts, software code, or components for, a communications device provide for a response to any particular technology, device, or software, or any component or part thereof, used by the provider, owner, or licensee of any communications service or of any data, audio or video programs, or transmissions, to protect any such communications, data, audio or video service, programs, or transmissions from unauthorized receipt, acquisition, interception, access, decryption, disclosure, communication, transmission, or retransmission. 812.155 Hiring, leasing, or obtaining personal property or equipment with the intent to defraud; failing to return hired or leased personal property or equipment; rules of evidence. (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC. Whoever, with the intent to defraud the owner or any person lawfully possessing any personal property or equipment, obtains the custody of the personal property or equipment by trick, deceit, or fraudulent or willful false representation commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) HIRING OR LEASING WITH THE INTENT TO DEFRAUD. Whoever, with intent to defraud the owner or any person lawfully possessing personal property or equipment of the rental thereof, hires or leases the personal property or equipment from the owner or the owner’s agents or any person in lawful possession thereof commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY. Whoever, after hiring or leasing personal property or equipment under an agreement to return the personal property to the person letting the personal property or equipment or his or her agent at the termination of the period for which it was let, shall, without the consent of the person or persons knowingly abandon or refuse to return the personal property or equipment as agreed, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a value of $300 or more; in that case the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) EVIDENCE. (a) In a prosecution under this section, obtaining the property or equipment under false pretenses; absconding without payment; or removing or attempting to remove the property or equipment from the county without the express written consent of the lessor, is evidence of fraudulent State Statutes 725 intent. (b) In a prosecution under subsection (3), failure to redeliver the property or equipment within 5 days after receiving the demand for return from a courier service with tracking capability or by certified mail, return receipt requested, or within 5 days after delivery by the courier service or return receipt from the certified mailing of the demand for return, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. Notice mailed by certified mail, return receipt requested, or delivery by courier with tracking capability to the address given by the renter at the time of rental is sufficient and equivalent to notice having been received by the renter, should the notice be returned undelivered. (c) In a prosecution under subsection (3), failure to pay any amount due which is incurred as the result of the failure to redeliver property or equipment after the rental period expires, and after the demand for return is made, is prima facie evidence of abandonment or refusal to redeliver the property or equipment. Amounts due include unpaid rental for the time period during which the property or equipment was not returned and include the lesser of the cost of repairing or replacing the property or equipment if it has been damaged. (5) DEMAND FOR RETURN. Demand for return of overdue property or equipment and for payment of amounts due may be made in person, by hand delivery, by certified mail, return receipt requested, or by courier service with tracking capability, addressed to the lessee’s address shown in the rental contract. (6) NOTICE REQUIRED. As a prerequisite to prosecution under this section, the following statement must be contained in the agreement under which the owner or person lawfully possessing the property or equipment has relinquished its custody, or in an addendum to that agreement, and the statement must be initialed by the person hiring or leasing the rental property or equipment: Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) a r e e v i dence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes. (7)THIRD-PARTY POSSESSION. Possession of personal property or equipment by a third party does not alleviate the lessee of his or her obligation to return the personal property or equipment according to the terms stated in the contract by which the property or equipment was leased or rented to the lessee, and is not a defense against failure to return unless the lessee provides the court or property owner with documentation that demonstrates that the personal property or equipment was obtained without the lessee’s consent. (8) REPORTING VEHICLE AS STOLEN. A lessor of a vehicle that is not returned at the conclusion of the lease who satisfies the requirements of this section regarding the vehicle is entitled to report the vehicle as stolen to a law enforcement agency and have the vehicle listed as stolen on any local or national registry of such vehicles. 812.16 Operating chop shops; definitions; penalties; restitution; forfeiture. (1) As used in this section, the term: (a) "Chop shop" means any area, building, storage lot, field, or other premises or place where one or more persons are engaged or have engaged in altering, dismantling, reassembling, or in any way concealing or disguising the identity of a stolen motor vehicle or of any major component part of a stolen motor vehicle; where there are two or more stolen motor vehicles present; or where there are major component parts from two or more stolen motor vehicles present. (b) "Major component part" means one of the following subassemblies of a motor vehicle, regardless of its actual market value: front-end assembly, including fenders, grills, hood, bumper, and related parts; frame and frame assembly; engine; transmission; T-tops; rear clip assembly, including quarter panels and floor panel assembly; doors; and tires, tire wheels, and continuous treads and other devices. (c) "Motor vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which device is self-propelled or may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery and steam shovels. (2) Any person who knowingly owns, operates, or conducts a chop shop or who State Statutes 726 knowingly aids and abets another person in owning, operating, or conducting a chop shop is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who violates this section, upon conviction, in addition to any other punishment, may be ordered to make restitution to the rightful owner of a stolen motor vehicle or of a stolen major component part, or to the owner's insurer if the owner has already been compensated for the loss by the insurer, for any financial loss sustained as a result of the theft of the motor vehicle or a major component part. Restitution may be imposed in addition to any imprisonment or fine imposed, but not in lieu thereof. (4) The following may be seized and are subject to forfeiture pursuant to ss. 932.701-932.704: (a) Any stolen motor vehicle or major component part found at the site of a chop shop or any motor vehicle or major component part for which there is probable cause to believe that it is stolen but for which the true owner cannot be identified. (b) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling, or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part. (c) A wrecker, car hauler, or other motor vehicle that is knowingly used or has been used to convey or transport a stolen motor vehicle or major component part. 812.1725 Preemption. A political subdivision of this state may not adopt, for convenience businesses, security standards which differ from those contained in ss. 812.173 and 812.174, and all such differing standards, whether existing or proposed, are hereby preempted and superseded by general law, except any local ordinance in effect prior to September 1988 and determined by the Department of Legal Affairs to provide more stringent security standards than those contained in ss. 812.173 and 812.174 shall not be preempted and superseded by general law for a period of 2 years from December 31, 1992. 812.173 Convenience business security. (1) Every convenience business shall be equipped with the following security devices and standards: (a) A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension. (b) A drop safe or cash management device for restricted access to cash receipts. (c) A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot at 18 inches above the surface. (d) A conspicuous notice at the entrance which states that the cash register contains $50 or less. (e) Window signage that allows a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area. (f) Height markers at the entrance of the convenience business which display height measures. (g) A cash management policy to limit the cash on hand at all times after 11 p.m. (2) A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight. (3) Every convenience business shall be equipped with a silent alarm to law enforcement or a private security agency, unless application for an exemption is made to and granted by the Attorney General. An application for exemption must be in writing and must be accompanied by an administrative fee of $25 for each store for which an exemption would apply. (4) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined by Florida Statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out of the operation of the convenience business, that convenience business shall implement at least one of the following security measures: (a) Provide at least two employees on the premises at all times after 11 p.m. and before 5 a.m.; (b) Install for use by employees at all times after 11 p.m. and before 5 a.m. a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the following minimum standards: 1. American Society for Testing and Materials Standard D3935 (classification PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an impact strength of at least 200 foot pounds; or 2. Underwriters Laboratory Standard UL State Statutes 727 752 for medium power small arms (level one), Bullet Resisting Equipment; (c) Provide a security guard on the premises at all times after 11 p.m. and before 5 a.m.; (d) Lock the business premises throughout the hours of 11 p.m. to 5 a.m., and only transact business through an indirect pass-through trough, trapdoor, or window; or (e) Close the business at all times after 11 p.m. and before 5 a.m. (5) For purposes of this section, any convenience business that by law implemented any of the security measures set forth in paragraphs (4)(a)-(e) and has maintained said measures as required by the Department of Legal Affairs without any occurrence or incidence of the crimes identified by subsection (4) for a period of no less than 24 months immediately preceding the filing of a notice of exemption, may file with the department a notice of exemption from these enhanced security measures. In no event shall this exemption be interpreted to preclude full compliance with the security measures set forth in subsection (4) should any occurrence or incidence of the crimes identified by subsection (4) cause subsection (4) to be statutorily applicable. As of the date this act becomes law, the Department of Legal Affairs will provide notice to any convenience business to which a subsection (4) incident has previously occurred. In no event shall the state or the Department of Legal Affairs incur any liability for the regulation and enforcement of this act. 812.175 Enforcement; civil fine. (1) The violation of any provision of this act by any owner or principal operator of a convenience business shall result in a notice of violation from the Attorney General. Violators shall have 30 days after receipt of the notice to provide proof of compliance to the Attorney General's office. If the violation continues after the 30-day period, the Attorney General may impose a civil fine not to exceed $5,000. The Attorney General has the authority to investigate any alleged violation and may compromise any alleged violation by accepting from the owner or principal operator an amount not to exceed $5,000. The Attorney General may suspend the imposition of any fine conditioned upon terms the Attorney General's office in its discretion deems appropriate. Notices of violation and civil fines shall be subject to the provisions of chapter 120. (2) Moneys received by the Attorney General pursuant to this act shall be deposited in the General Revenue Fund. (3) The Attorney General is given full power and authority to petition for an injunction when it is determined that the health, safety, and public welfare is threatened by continued operation of a convenience business in violation of this act. In any action for injunction, the Attorney General may seek a civil penalty not to exceed $5,000 per violation, plus attorney's fees and costs. (4) The Attorney General may enter into agreements with local governments to assist in the enforcement of ss. 812.1701-812.175. Such agreements may include provision for reimbursement of investigative and enforcement costs incurred by such local governments. 815.03 Definitions. As used in this chapter, unless the context clearly indicates otherwise: (1) “Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network. (2) “Computer” means an internally programmed, automatic device that performs data processing. (3) “Computer contaminant” means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. The term includes, but is not limited to, a group of computer instructions, commonly called viruses or worms, which are self-replicating or self-propagating and which are designed to contaminate other computer programs or computer data; consume computer resources; modify, destroy, record, or transmit data; or in some other fashion usurp or interfere with the normal operation of the computer, computer system, or computer network. (4) “Computer network” means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by State Statutes 728 physical or wireless telecommunication facilities. (5) “Computer program or computer software” means a set of instructions or statements and related data which, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. (6) “Computer services” include, but are not limited to, computer time; data processing or storage functions; or other uses of a computer, computer system, or computer network. (7) “Computer system” means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files. (8) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data may be in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device. (9) “Electronic device” means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for such purpose. (10) “Financial instrument” means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security. (11) “Intellectual property” means data, including programs. (12) “Property” means anything of value as defined in s. 812.012 and includes, but is not limited to, financial instruments, information, including electronically produced data and computer software and programs in machine-readable or human-readable form, and any other tangible or intangible item of value. 815.04 Offenses against intellectual property; public records exemption. (1) A person who willfully, knowingly, and without authorization introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property. (2) A person who willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property. (3) Data, programs, or supporting documentation that is a trade secret as defined in s. 812.081, that is held by an agency as defined in chapter 119, and that resides or exists internal or external to a computer, computer system, computer network, or electronic device is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature. (4) A person who willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation that is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property. (5) (a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 815.06 Offenses against users of computers, computer systems, computer networks, and electronic devices. (1) As used in this section, the term “user” means a person with the authority to State Statutes 729 operate or maintain a computer, computer system, computer network, or electronic device. (2) A person commits an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization: (a) Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized; (b) Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device, which, in whole or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another; (c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device; (d) Destroys, injures, or damages any computer, computer system, computer network, or electronic device; (e) Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or (f) Engages in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party. (3) (a) Except as provided in paragraphs (b) and (c), a person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she violates subsection (2) and: 1. Damages a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss is at least $5,000; 2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; 3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service; or 4. Intentionally interrupts the transmittal of data to or from, or gains unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit, as defined in s. 341.031. (c) A person who violates subsection (2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the violation: 1. Endangers human life; or 2. Disrupts a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person. (4) A person who willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) (a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment or supplies, electronic device, or computer data may bring a civil action against a person convicted under this section for compensatory damages. (b) In an action brought under this subsection, the court may award reasonable attorney fees to the prevailing party. (6) A computer, computer system, computer network, computer software, computer data, or electronic device owned by a defendant that is used during the commission of a violation of this section or a computer or electronic device owned by the defendant that is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704. (7) This section does not apply to a person who: (a) Acts pursuant to a search warrant or to an exception to a search warrant authorized by law; (b) Acts within the scope of his or her lawful employment; or (c) Performs authorized security operations of a government or business. (8) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, computer network, or electronic device in one jurisdiction from another jurisdiction is State Statutes 730 deemed to have personally accessed the computer, computer system, computer network, or electronic device in both jurisdictions. (9) This chapter does not impose liability on a provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11 that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person. 815.061 Offenses against public utilities. (1) As used in this section, the term “public utility” includes: (a) A public utility or electric utility as defined in s. 366.02. (b) A utility as defined in s. 367.021. (c) A natural gas transmission company as defined in s. 368.103. (d) A person, corporation, partnership, association, public agency, municipality, cooperative, gas district, or other legal entity and their lessees, trustees, or receivers, now or hereafter owning, operating, managing, or controlling gas transmission or distribution facilities or any other facility supplying or storing natural or manufactured gas or liquefied gas with air admixture or any similar gaseous substances by pipeline to or for the public within this state. (e) A separate legal entity created under s. 163.01 and composed of any of the entities described in this subsection for the purpose of providing utility services in this state, including wholesale power and electric transmission services. (2) A person may not willfully, knowingly, and without authorization: (a) Gain access to a computer, computer system, computer network, or electronic device owned, operated, or used by a public utility while knowing that such access is unauthorized. (b) Physically tamper with, insert a computer contaminant into, or otherwise transmit commands or electronic communications to a computer, computer system, computer network, or electronic device that causes a disruption in any service delivered by a public utility. (3) (a) A person who violates paragraph (2)(a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who violates paragraph (2)(b) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 815.07 This chapter not exclusive. The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter. 817.02 Obtaining property by false personation. Whoever falsely personates or represents another, and in such assumed character receives any property intended to be delivered to the party so personated, with intent to convert the same to his or her own use, shall be punished as if he or she had been convicted of larceny. 817.025 Home or private business invasion by false personation; penalties. A person who obtains access to a home or private business by false personation or representation, with the intent to commit a felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If such act results in serious injury or death, it is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.03 Making false statement to obtain property or credit. Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to the financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with a fraudulent intent of obtaining credit, goods, money or other property, and shall by such false statement obtain credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 817.034 Florida Communications Fraud Act. (1) LEGISLATIVE INTENT. (a) The Legislature recognizes that schemes to defraud have proliferated in the United States in recent years and that many operators of schemes to defraud use State Statutes 731 communications technology to solicit victims and thereby conceal their identities and overcome a victim’s normal resistance to sales pressure by delivering a personalized sales message. (b) It is the intent of the Legislature to prevent the use of communications technology in furtherance of schemes to defraud by consolidating former statutes concerning schemes to defraud and organized fraud to permit prosecution of these crimes utilizing the legal precedent available under federal mail and wire fraud statutes. (2) SHORT TITLE. This section may be cited as the “Florida Communications Fraud Act.” (3) DEFINITIONS. As used in this section, the term: (a) “Communicate” means to transmit or transfer or to cause another to transmit or transfer signs, signals, writing, images, sounds, data, or intelligences of any nature in whole or in part by mail, or by wire, radio, electromagnetic, photoelectronic, or photooptical system. (b) “Obtain” means temporarily or permanently to deprive any person of the right to property or a benefit therefrom, or to appropriate the property to one’s own use or to the use of any other person not entitled thereto. (c) “Property” means anything of value, and includes: 1. Real property, including things growing on, affixed to, or found in land; 2. Tangible or intangible personal property, including rights, privileges, interests, and claims; and 3. Services. (d) “Scheme to defraud” means a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act. (e) “Value” means value determined according to any of the following: 1. a. The market value of the property at the time and place of the offense, or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense. b. The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument. c. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret. 2. If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $300. 3. Amounts of value of separate properties obtained in one scheme to defraud, whether from the same person or from several persons, shall be aggregated in determining the grade of the offense under paragraph (4)(a). (4) OFFENSES. (a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable as follows: 1. If the amount of property obtained has an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the violator is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person is guilty, for each such act of communication, of communications fraud, punishable as follows: 1. If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more, the violator is guilty of a third State Statutes 732 degree felony, punishable as set forth in s. 775.082, s. 775.083, or s. 775.084. 2. If the value of the property obtained or endeavored to be obtained by the communication is valued at less than $300, the violator is guilty of a misdemeanor of the first degree, punishable as set forth in s. 775.082 or s. 775.083. (c) Notwithstanding any contrary provisions of law, separate judgments and sentences for organized fraud under paragraph (a) and for each offense of communications fraud under paragraph (b) may be imposed when all such offenses involve the same scheme to defraud. (d) Notwithstanding any other provision of law, a criminal action or civil action or proceeding under this section may be commenced at any time within 5 years after the cause of action accrues; however, in a criminal proceeding under this section, the period of limitation does not run during any time when the defendant is continuously absent from the state or is without a reasonably ascertainable place of abode or work within the state, but in no case shall this extend the period of limitation otherwise applicable by more than 1 year. 817.037 Fraudulent refunds. (1) Any person who engages in a systematic, ongoing course of conduct to obtain a refund for merchandise from a business establishment by knowingly giving a false or fictitious name or address as his or her own or the name or address of any other person without that person's knowledge and approval is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) In order for a person to be convicted under this section, a conspicuous notice must have been posted in the business establishment in the area where refunds are made, advising patrons of the provisions of this section and the penalties provided. 817.233 Burning to defraud the insurer. Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or herself or of another, which shall at the time be insured by any person against loss or damage by fire, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.234 False and fraudulent insurance claims. (1) (a) A person commits insurance fraud punishable as provided in subsection (11) if that person, with the intent to injure, defraud, or deceive any insurer: 1. Presents or causes to be presented any written or oral statement as part of, or in support of, a claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim; 2. Prepares or makes any written or oral statement that is intended to be presented to any insurer in connection with, or in support of, any claim for payment or other benefit pursuant to an insurance policy or a health maintenance organization subscriber or provider contract, knowing that such statement contains any false, incomplete, or misleading information concerning any fact or thing material to such claim; 3. a. Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer, purported insurer, servicing corporation, insurance broker, or insurance agent, or any employee or agent thereof, any false, incomplete, or misleading information or written or oral statement as part of, or in support of, an application for the issuance of, or the rating of, any insurance policy, or a health maintenance organization subscriber or provider contract; or b. Knowingly conceals information concerning any fact material to such application; or 4. Knowingly presents, causes to be presented, or prepares or makes with knowledge or belief that it will be presented to any insurer a claim for payment or other benefit under a personal injury protection insurance policy if the person knows that the payee knowingly submitted a false, misleading, or fraudulent application or other document when applying for licensure as State Statutes 733 a health care clinic, seeking an exemption from licensure as a health care clinic, or demonstrating compliance with part X of chapter 400. (b) All claims and application forms must contain a statement that is approved by the Office of Insurance Regulation of the Financial Services Commission which clearly states in substance the following: “Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.” This paragraph does not apply to reinsurance contracts, reinsurance agreements, or reinsurance claims transactions. (2) (a) Any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, or other practitioner licensed under the laws of this state who knowingly and willfully assists, conspires with, or urges any insured party to fraudulently violate any of the provisions of this section or part XI of chapter 627, or any person who, due to such assistance, conspiracy, or urging by said physician, osteopathic physician, chiropractic physician, or practitioner, knowingly and willfully benefits from the proceeds derived from the use of such fraud, commits insurance fraud, punishable as provided in subsection (11). In the event that a physician, osteopathic physician, chiropractic physician, or practitioner is adjudicated guilty of a violation of this section, the Board of Medicine as set forth in chapter 458, the Board of Osteopathic Medicine as set forth in chapter 459, the Board of Chiropractic Medicine as set forth in chapter 460, or other appropriate licensing authority shall hold an administrative hearing to consider the imposition of administrative sanctions as provided by law against said physician, osteopathic physician, chiropractic physician, or practitioner. (b) In addition to any other provision of law, systematic upcoding by a provider, as defined in s. 641.19(14), with the intent to obtain reimbursement otherwise not due from an insurer is punishable as provided in s. 641.52(5). (3) Any attorney who knowingly and willfully assists, conspires with, or urges any claimant to fraudulently violate any of the provisions of this section or part XI of chapter 627, or any person who, due to such assistance, conspiracy, or urging on such attorney’s part, knowingly and willfully benefits from the proceeds derived from the use of such fraud, commits insurance fraud, punishable as provided in subsection (11). (4) Any person or governmental unit licensed under chapter 395 to maintain or operate a hospital, and any administrator or employee of any such hospital, who knowingly and willfully allows the use of the facilities of said hospital by an insured party in a scheme or conspiracy to fraudulently violate any of the provisions of this section or part XI of chapter 627 commits insurance fraud, punishable as provided in subsection (11). Any adjudication of guilt for a violation of this subsection, or the use of business practices demonstrating a pattern indicating that the spirit of the law set forth in this section or part XI of chapter 627 is not being followed, shall be grounds for suspension or revocation of the license to operate the hospital or the imposition of an administrative penalty of up to $5,000 by the licensing agency, as set forth in chapter 395. (5) Any insurer damaged as a result of a violation of any provision of this section when there has been a criminal adjudication of guilt shall have a cause of action to recover compensatory damages, plus all reasonable investigation and litigation expenses, including attorneys’ fees, at the trial and appellate courts. (6) For the purposes of this section, “statement” includes, but is not limited to, any notice, statement, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, X ray, test result, or other evidence of loss, injury, or expense. (7) (a) It shall constitute a material omission and insurance fraud, punishable as provided in subsection (11), for any service provider, other than a hospital, to engage in a general business practice of billing amounts as its usual and customary charge, if such provider has agreed with the insured or intends to waive deductibles or copayments, or does not for any other reason intend to collect the total amount of such charge. With respect to a determination as to whether a service provider has engaged in such general business practice, consideration shall be given to evidence of whether the physician or other provider made a good faith attempt to collect such deductible or State Statutes 734 copayment. This paragraph does not apply to physicians or other providers who waive deductibles or copayments or reduce their bills as part of a bodily injury settlement or verdict. (b) The provisions of this section shall also apply as to any insurer or adjusting firm or its agents or representatives who, with intent, injure, defraud, or deceive any claimant with regard to any claim. The claimant shall have the right to recover the damages provided in this section. (c) An insurer, or any person acting at the direction of or on behalf of an insurer, may not change an opinion in a mental or physical report prepared under s. 627.736(7) or direct the physician preparing the report to change such opinion; however, this provision does not preclude the insurer from calling to the attention of the physician errors of fact in the report based upon information in the claim file. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A contractor, or a person acting on behalf of a contractor, may not knowingly or willfully and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor, or a person acting on behalf of a contractor, for repairs to property covered by a property insurance policy. A person who violates this paragraph commits a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) (a) It is unlawful for any person intending to defraud any other person to solicit or cause to be solicited any business from a person involved in a motor vehicle accident for the purpose of making, adjusting, or settling motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736. Any person who violates the provisions of this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who is convicted of a violation of this subsection shall be sentenced to a minimum term of imprisonment of 2 years. (b) A person may not solicit or cause to be solicited any business from a person involved in a motor vehicle accident by any means of communication other than advertising directed to the public for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736, within 60 days after the occurrence of the motor vehicle accident. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A lawyer, health care practitioner as defined in s. 456.001, or owner or medical director of a clinic required to be licensed pursuant to s. 400.9905 may not, at any time after 60 days have elapsed from the occurrence of a motor vehicle accident, solicit or cause to be solicited any business from a person involved in a motor vehicle accident by means of in person or telephone contact at the person’s residence, for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits required by s. 627.736. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Charges for any services rendered by any person who violates this subsection in regard to the person for whom such services were rendered are noncompensable and unenforceable as a matter of law. (9) A person may not organize, plan, or knowingly participate in an intentional motor vehicle crash or a scheme to create documentation of a motor vehicle crash that did not occur for the purpose of making motor vehicle tort claims or claims for personal injury protection benefits as required by s. 627.736. Any person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who is convicted of a violation of this subsection shall be sentenced to a minimum term of imprisonment of 2 years. (10) A licensed health care practitioner who is found guilty of insurance fraud under this section for an act relating to a personal injury protection insurance policy loses his or her license to practice for 5 years and may not receive reimbursement for personal injury protection benefits for 10 years. (11) If the value of any property involved in a violation of this section: (a) Is less than $20,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Is $20,000 or more, but less than $100,000, the offender commits a felony of the second degree, punishable as provided State Statutes 735 in s. 775.082, s. 775.083, or s. 775.084. (c) Is $100,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (12) In addition to any criminal liability, a person convicted of violating any provision of this section for the purpose of receiving insurance proceeds from a motor vehicle insurance contract is subject to a civil penalty. (a) Except for a violation of subsection (9), the civil penalty shall be: 1. A fine up to $5,000 for a first offense. 2. A fine greater than $5,000, but not to exceed $10,000, for a second offense. 3. A fine greater than $10,000, but not to exceed $15,000, for a third or subsequent offense. (b) The civil penalty for a violation of subsection (9) must be at least $15,000 but may not exceed $50,000. (c) The civil penalty shall be paid to the Insurance Regulatory Trust Fund within the Department of Financial Services and used by the department for the investigation and prosecution of insurance fraud. (d) This subsection does not prohibit a state attorney from entering into a written agreement in which the person charged with the violation does not admit to or deny the charges but consents to payment of the civil penalty. (13) As used in this section, the term: (a) “Insurer” means any insurer, health maintenance organization, self-insurer, self-insurance fund, or similar entity or person regulated under chapter 440 or chapter 641 or by the Office of Insurance Regulation under the Florida Insurance Code. (b) “Property” means property as defined in s. 812.012. (c) “Value” means value as defined in s. 812.012. 817.235 Personal property; removing or altering identification marks. (1) Except as otherwise provided by law, any person who, with intent to prevent identification by the true owner, removes, erases, defaces, or otherwise alters any serial number or other mark of identification placed on any item of personal property by the manufacturer or owner thereof is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who possesses any item of personal property with the knowledge that the serial number or other mark of identification placed thereon by the manufacturer or owner thereof has been removed, erased, defaced, or otherwise altered with intent to prevent identification by the true owner is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 817.236 False and fraudulent motor vehicle insurance application. Any person who, with intent to injure, defraud, or deceive any motor vehicle insurer, including any statutorily created underwriting association or pool of motor vehicle insurers, presents or causes to be presented any written application, or written statement in support thereof, for motor vehicle insurance knowing that the application or statement contains any false, incomplete, or misleading information concerning any fact or matter material to the application commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.2361 False or fraudulent proof of motor vehicle insurance. Any person who, with intent to deceive any other person, creates, markets, or presents a false or fraudulent proof of motor vehicle insurance commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.28 Fraudulent obtaining of property by gaming. Whoever, by the game of three-card monte, so-called, or any other game, device, sleight-of-hand, pretensions to fortunetelling, or other means whatever by the use of cards or other implement or implements, fraudulently obtains from another person property of any description, shall be punished as if he or she had been convicted of larceny. 817.30 Punishment for unlawful use of badge of certain orders and organizations. Any person who willfully wears the badge or button of the Grand Army of the Republic, the insignia, badge or rosette of the Military Order of the Loyal Legion of the United States, or of the Military Order of Foreign Wars of the United States, or of the Patrons of Husbandry, or the Benevolent and Protective Order of Elks of the United States of America, or of the Woodmen of the World, or of any society, State Statutes 736 order or organization of 5 years' standing in the state, or uses the same to obtain aid or assistance within this state, or willfully uses the name of such society, order or organization, the titles of its officers, or its insignia, ritual or ceremonies, unless entitled to use or wear the same under the constitution and bylaws, rules and regulations of such order or of such society, order or organization, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 817.31 Unlawful use of insignia of American Legion; penalty. Any person who willfully wears the badge, button or other insignia of the American Legion shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that the provisions of this section shall not apply to any member of the American Legion. 817.311 Unlawful use of badges, etc. (1) From and after May 9, 1949, any person who shall wear or display a badge, button, insignia or other emblem, or shall use the name of or claim to be a member of any benevolent, fraternal, social, humane, or charitable organization, which organization is entitled to the exclusive use of such name and such badge, button, insignia or emblem either in the identical form or in such near resemblance thereto as to be a colorable imitation thereof, unless such person is entitled so to do under the laws, rules and regulations of such organization, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) This section shall be cumulative to any and all laws now in force in the state. 817.312 Unlawful use of uniforms, medals, or insignia. (1) A person may not misrepresent himself or herself as a member or veteran of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, or National Guard or wear the uniform of or any medal or insignia authorized for use by members or veterans of the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, or the National Guard which he or she is not authorized to wear while soliciting for charitable contributions or for the purpose of material gain. This section does not prohibit persons in the theatrical profession from wearing such uniforms, medals, or insignia while actually engaged in such profession. (2) A person who violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.32 Fraudulent operation of coin-operated devices. Any person who shall operate or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic vending machine, slot machine, coinbox telephone, or other receptacle designed to receive lawful coin of the United States in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated, or foreign coin, or by any means, method, trick, or device whatsoever not lawfully authorized by the owner, lessee, or licensee of such machine, coinbox telephone or receptacle, or who shall take, obtain or receive from or in connection with any automatic vending machine, slot machine, coinbox telephone or other receptacle designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any telephone or telegraph facilities or service, or of any musical instrument, phonograph, or other property, without depositing in and surrendering to such machine, coinbox telephone or receptacle lawful coin of the United States to the amount required therefor by the owner, lessee, or licensee of such machine, coinbox telephone or receptacle, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 817.33 Manufacture, etc., of slugs to be used in coin-operated devices prohibited. Any person who, with intent to cheat or defraud the owner, lessee, licensee, or other person entitled to the contents of any automatic vending machine, slot machine, coinbox telephone or other receptacle, depository, or contrivance designed to receive lawful coin of the United States in connection with the sale, use, or enjoyment of property or service, or who, knowing that the same is intended for State Statutes 737 unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such automatic vending machine, slot machine, coinbox telephone or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 817.355 Fraudulent creation or possession of admission ticket. (1) Except as provided in subsections (2) and (3), a person who counterfeits, forges, alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is associated with a ticket; or a ticket, token, or paper designed for admission to or the rendering of services by a sports, amusement, concert, or other facility offering services to the general public, with the intent to defraud such facility, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who commits a second or subsequent violation of subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who counterfeits, forges, alters, clones, or possesses 10 or more tickets, cards, wristbands, or other media that access or are associated with a ticket, token, or paper designed for admission to or the rendering of services by a sports, amusement, concert, or other facility offering services to the general public with the intent to defraud such facility, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.36 Resale of tickets. (1) A person or entity that offers for resale or resells any ticket may charge only $1 above the admission price charged therefor by the original ticket seller of the ticket for the following transactions: (a) Passage or accommodations on any common carrier in this state. However, this paragraph does not apply to travel agencies that have an established place of business in this state and are required to pay state, county, and city occupational license taxes. (b) Multiday or multievent tickets to a park or entertainment complex or to a concert, entertainment event, permanent exhibition, or recreational activity within such a park or complex, including an entertainment/resort complex as defined in s. 561.01(18). (c) Event tickets originally issued by a charitable organization exempt from taxation under s. 501(c)(3) of the Internal Revenue Code for which no more than 3,000 tickets are issued per performance. The charitable organization must issue event tickets with the following statement conspicuously printed on the face or back of the ticket: “Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price.” This paragraph does not apply to tickets issued or sold by a third party contractor ticketing services provider on behalf of a charitable organization otherwise included in this paragraph unless the required disclosure is printed on the ticket. (d) Any tickets, other than the tickets in paragraph (a), paragraph (b), or paragraph (c), that are resold or offered through an Internet website, unless such website is authorized by the original ticket seller or makes and posts the following guarantees and disclosures through Internet web pages on which are visibly posted, or links to web pages on which are posted, text to which a prospective purchaser is directed before completion of the resale transaction: 1. The website operator guarantees a full refund of the amount paid for the ticket including any servicing, handling, or processing fees, if such fees are not disclosed, when: a. The ticketed event is canceled; b. The purchaser is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser; c. The ticket is not delivered to the purchaser in the manner requested and pursuant to any delivery guarantees made by the reseller and such failure results in the purchaser’s inability to attend the ticketed event. 2. The website operator discloses that it is not the issuer, original seller, or reseller of the ticket or items and does not control the pricing of the ticket or items, which may be resold for more than their original value. (2) This section does not authorize any individual or entity to sell or purchase tickets at any price on property where an event is being held without the prior express written consent of the owner of the property. (3) Any sales tax due for resales under this section shall be remitted to the Department State Statutes 738 of Revenue in accordance with s. 212.04. (4) A person who knowingly resells a ticket or tickets in violation of this section is liable to the state for a civil penalty equal to treble the amount of the price for which the ticket or tickets were resold. (5) A person who intentionally uses or sells software to circumvent on a ticket seller’s Internet website a security measure, an access control system, or any other control or measure that is used to ensure an equitable ticket-buying process is liable to the state for a civil penalty equal to treble the amount for which the ticket or tickets were sold. (6) As used in this section, the term “software” means computer programs that are primarily designed or produced for the purpose of interfering with the operation of any person or entity that sells, over the Internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind. 817.361 Sale or transfer of multiuse tickets. (1) As used in this section, the term: (a) “Issuer” means the person or entity that created a multiuse ticket and is obligated to allow admission thereunder. (b) “Multiuse ticket” means a ticket, other medium, or right designed for admission to more than one theme park complex, or to more than one amusement location or other facility in a theme park complex, or for admission for more than 1 day or more than once in the same day to one or more such locations or facilities in a theme park complex. (c) “Theme park complex” means an area comprised of at least 25 acres of land owned by the same business entity and which contains rides or other recreational activities. (2) A person who offers for sale, sells, or transfers in connection with a commercial transaction, with or without consideration, a nontransferable multiuse ticket or a card, wristband, or other medium that accesses or is associated with any such nontransferable multiuse ticket after the nontransferable multiuse ticket has been used at least once for admission commits a violation of this subsection. For purposes of this subsection, a multiuse ticket is nontransferable unless the phrase “may be used by more than one person” is printed clearly on the multiuse ticket by the issuer or the issuer explicitly states on its website that the multiuse ticket may be used by more than one person. (3) (a) Except as provided in paragraph (b), a person who violates subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who commits a second or subsequent violation of subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 817.481 Credit or purchases; obtaining illicitly. (1) It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or to purchase or attempt to purchase any goods, property, or service, by the use of any false, fictitious, counterfeit, or expired credit card, telephone number, credit number, or other credit device, or by the use of any credit card, telephone number, credit number, or other credit device of another person without the authority of the person to whom such card, number, or device was issued, or by the use of any credit card, telephone number, credit number, or other credit device in any case where such card, number, or device has been revoked and notice of revocation has been given to the person to whom issued. (2) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid payment of the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme, means or method, or any mechanical, electric, or electronic device. (3) (a) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is $300 or more, the offender shall be guilty of grand larceny. (b) If the value of the property, goods, or services obtained or which are sought to be obtained in violation of this section is less than $300 the offender shall be guilty of petit larceny. 817.482 Possessing or transferring device for theft of telecommunications service; concealment of destination of telecommunications service. (1) It shall be unlawful for any person State Statutes 739 knowingly to: (a) Make or possess any instrument, apparatus, equipment or device designed or adapted for use for the purpose of avoiding or attempting to avoid payment of telecommunications service in violation of s. 817.481; or (b) Sell, give, transport, or otherwise transfer to another, or offer or advertise to sell, give, or otherwise transfer, any instrument, apparatus, equipment, or device described in paragraph (a), or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in paragraph (a), or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device. Any person violating the provisions of paragraphs (a) and (b) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Any person who shall make or possess, for purposes of avoiding or attempting to avoid payment for long-distance telecommunication services, any electronic device capable of duplicating tones or sounds utilized in long-distance telecommunications shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any such instrument, apparatus, equipment, or device, or plans or instructions therefor, referred to in subsections (1) and (2), may be seized by court order or under a search warrant of a judge or incident to a lawful arrest; and upon the conviction of any person for a violation of any provision of this act, or s. 817.481, such instrument, apparatus, equipment, device, plans, or instructions either shall be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company in whose territory such instrument, apparatus, equipment, device, plans, or instructions were seized. 817.4821 C e l l u l a r t e l e phone counterfeiting offenses. (1) As used in this act, the term: (a) "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property. (b) "Intercept" means to electronically capture, record, reveal, or otherwise access, the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver thereof, by means of any instrument, device, or equipment. (c) "Electronic serial number" means the unique numerical algorithm that is programmed into the microchip of each cellular telephone by the manufacturer and is vital to the successful operation and billing of the telephone. (d) "Mobile identification number" means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier. (e) "Cellular telephone" means a communication device containing a unique electronic serial number that is programmed into its computer chip by its manufacturer and whose operation is dependent on the transmission of that electronic serial number along with a mobile identification number, which is assigned by the cellular telephone carrier, in the form of radio signals through cell sites and mobile switching stations. (f) "Cloned cellular telephone" or "counterfeit cellular telephone" means a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the phone by the manufacturer. (g) "Cloning paraphernalia" means materials that, when possessed in combination, are necessary and capable of the creation of a cloned cellular telephone. These materials include scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the microchip of the cloned cellular telephone with a false electronic serial number and mobile identification number combination, a computer containing such software, and lists of electronic serial number and mobile identification number combinations. (2) A person who knowingly possesses a cloned cellular telephone commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who knowingly possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone a cellular State Statutes 740 telephone commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who knowingly sells a cloned cellular telephone commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) A person who knowingly possesses cloning paraphernalia with intent to use it to create cloned cellular telephones commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) (a) Nothing herein shall make unlawful the possession or use of cloning paraphernalia, a cloned cellular telephone, or any intercept by a law enforcement officer or persons acting under the direction of a law enforcement officer in the course of a criminal investigation. (b) Nothing in this section shall make unlawful the possession or use of cloning paraphernalia or a cloned cellular telephone by a cellular telephone carrier. 817.483 Transmission or publication of information regarding schemes, devices, means, or methods for theft of communication services. Any person who transmits or publishes the number or code of an existing, canceled, revoked, or nonexistent telephone number or credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers or credit numbers or other credit devices, with the intent to avoid or to cause another to avoid lawful charges is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 817.49 False reports of commission of crimes; penalty. Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law enforcement officer false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, in that no such crime had actually been committed, shall upon conviction thereof be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 817.50 Fraudulently obtaining goods or services from a health care provider; false reports of a communicable disease. (1) Whoever shall, willfully and with intent to defraud, obtain or attempt to obtain goods, products, merchandise, or services from any health care provider in this state, as defined in s. 641.19(14), including a person who, during a declared public health emergency as defined in s. 381.00315, willfully and with intent to defraud, claims that he or she has contracted a communicable disease, to obtain or attempt to obtain such goods, products, merchandise, or services or falsely reports that he or she has contracted a communicable disease to a law enforcement officer as defined in s. 943.10, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If any person gives to any health care provider in this state a false or fictitious name or a false or fictitious address or assigns to any health care provider the proceeds of any health maintenance contract or insurance contract, then knowing that such contract is no longer in force, is invalid, or is void for any reason, such action shall be prima facie evidence of the intent of such person to defraud the health care provider. However, this subsection does not apply to investigative actions taken by law enforcement officers for law enforcement purposes in the course of their official duties. 817.52 Obtaining vehicles with intent to defraud, failing to return hired vehicle, or tampering with mileage device of hired vehicle. (1) OBTAINING BY TRICK, FALSE REPRESENTATION, ETC. Whoever, with intent to defraud the owner or any person lawfully possessing any motor vehicle, obtains the custody of such motor vehicle by trick, deceit, or fraudulent or willful false representation shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) HIRING WITH INTENT TO DEFRAUD. Whoever, with intent to defraud the owner or any person lawfully possessing any motor vehicle of the rental thereof, hires a vehicle from such owner or such owner's agents or any person in lawful possession thereof shall, upon conviction, be deemed guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The absconding without paying or offering to pay such hire shall be prima facie evidence of such fraudulent intent. (3) FAILURE TO REDELIVER HIRED VEHICLE. Whoever, after hiring a motor vehicle under an agreement to redeliver the State Statutes 741 same to the person letting such motor vehicle or his or her agent, at the termination of the period for which it was let, shall, without the consent of such person or persons and with intent to defraud, abandon or willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) TAMPERING WITH MILEAGE DEVICE. Whoever, after hiring a motor vehicle from any person or persons under an agreement to pay for the use of such motor vehicle a sum of money determinable either in whole or in part upon the distance such motor vehicle travels during the period for which hired, removes, attempts to remove, tampers with, or attempts to tamper with or otherwise interfere with any odometer or other mechanical device attached to said hired motor vehicle for the purpose of registering the distance such vehicle travels, with the intent to deceive the person or persons letting such vehicle or their lawful agent as to the actual distance traveled thereby, shall upon conviction be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who shall knowingly aid, abet or assist another in violating the provisions of this subsection shall, as a principal in the first degree, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person violating this section may be informed against or indicted in the county where such odometer or such other mechanical device is removed, or attempted to be removed, or tampered with, or attempted to be tampered with, or otherwise interfered with, or in the county where such persons knowingly aid, abet, or assist another in violating the provisions of this section, or in the county where any part of such motor vehicle upon which is attached such odometer, or such other mechanical device, is removed or attempted to be removed. 817.53 False charges for radio and television repairs and parts; penalty. (1) It is unlawful for a person to knowingly charge for any services which are not actually performed in repairing a radio or television set, or to knowingly charge for any parts which are not actually furnished, or to knowingly misinform a customer concerning what is wrong with his or her radio or television set, or to knowingly and fraudulently substitute parts when such substitution has no relation to the repairing or servicing of the radio or television set. (2) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 817.563 Controlled substance named or described in s. 893.03; sale of substance in lieu thereof. It is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance named or described in s. 893.03 and then sell to such person any other substance in lieu of such controlled substance. Any person who violates this section with respect to: (1) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 817.564 Imitation controlled substances defined; possession and distribution prohibited. (1) For the purposes of this section, the term "imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance enumerated in chapter 893, which is subject to abuse, and which: (a) By overall dosage unit appearance, including color, shape, size, markings, and packaging, or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or (b) By express or implied representations, purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug State Statutes 742 Administration. (2) In those instances where the appearance of the dosage unit is not reasonably sufficient to establish that the substance is an imitation controlled substance, the court or authority concerned may consider, in addition to all other logically relevant factors, the following factors as related to "representations made" in determining whether the substance is an imitation controlled substance: (a) Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect. (b) Statements made to the recipient that the substance may be resold for inordinate profit. (c) Whether the substance is packaged in a manner normally used for illicit controlled substances. (d) Evasive tactics or actions utilized by the owner or person in control of the substance to avoid detection by law enforcement authorities. (e) Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud. (f) The proximity of the substances to controlled substances. (3) It is unlawful for any person to manufacture, distribute, sell, give, or possess with the intent to manufacture, distribute, sell, or give an imitation controlled substance. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) It is unlawful for any person 18 years of age or over to knowingly sell or distribute an imitation controlled substance to a person under the age of 18 years. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication or to post or distribute in any public place any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) Civil or criminal liability may not be imposed by virtue of this section against: (a) Any person operating in accordance with the Florida Comprehensive Drug Abuse Prevention and Control Act who manufactures, dispenses, sells, gives, or distributes an imitation controlled substance for use as a placebo by a licensed practitioner in the course of professional practice or research; or (b) A law enforcement officer acting in the officer's official capacity during the course of an active criminal investigation relating to controlled substances which is approved or authorized by the officer's agency or to an informer or third party acting under the direction or control of such an officer as part of an authorized, active criminal investigation relating to controlled substances. 817.565 Urine testing, fraudulent practices; penalties. (1) It is unlawful for any person: (a) Willfully to defraud or attempt to defraud any lawfully administered urine test designed to detect the presence of chemical substances or controlled substances. (b) Willfully to manufacture, advertise, sell, or distribute any substance or device which is intended to defraud or attempt to defraud any lawfully administered urine test designed to detect the presence of chemical substances or controlled substances. (2) Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 817.566 Misrepresentation of association with, or academic standing at, postsecondary educational institution. Any person who, with intent to defraud, misrepresents his or her association with, or academic standing or other progress at, any postsecondary educational institution by falsely making, altering, simulating, or forging a document, degree, certificate, diploma, award, record, letter, transcript, form, or other paper; or any person who causes or procures such a misrepresentation; or any person who utters and publishes or otherwise represents such a document, degree, certificate, diploma, award, record, letter, transcript, form, or other paper as true, knowing it to be false, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Individuals who present a religious academic degree from any college, university, seminary, or institution which is State Statutes 743 not licensed by the Commission for Independent Education or which is not exempt pursuant to the provisions of s. 1005.06 shall disclose the religious nature of the degree upon presentation. 817.567 Making false claims of academic degree or title. (1) No person in the state may claim, either orally or in writing, to possess an academic degree, as defined in s. 1005.02, or the title associated with said degree, unless the person has, in fact, been awarded said degree from an institution that is: (a) Accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation; (b) Provided, operated, and supported by a state government or any of its political subdivisions or by the Federal Government; (c) A school, institute, college, or university chartered outside the United States, the academic degree from which has been validated by an accrediting agency approved by the United States Department of Education as equivalent to the baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States; (d) Licensed by the Commission for Independent Education pursuant to ss. 1005.01-1005.38 or exempt from licensure pursuant to chapter 1005; or (e) A religious seminary, institute, college, or university which offers only educational programs that prepare students for a religious vocation, career, occupation, profession, or lifework, and the nomenclature of whose certificates, diplomas, or degrees clearly identifies the religious character of the educational program. (2) No person awarded a doctorate degree from an institution not listed in subsection (1) shall claim in the state, either orally or in writing, the title "Dr." before the person's name or any mark, appellation, or series of letters, numbers, or words, such as, but not limited to, "Ph.D.," "Ed.D.," "D.N.," or "D.Th.," which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of a doctorate degree, after the person's name. (3) (a) A person who violates the provisions of subsection (1) or subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) In addition to any penalty imposed under paragraph (a), a violator shall be subject to any other penalty provided by law, including, but not limited to, suspension or revocation of the violator's license or certification to practice an occupation or profession. 817.568 Criminal use of personal identification information. (1) As used in this section, the term: (a) “Access device” means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds, other than a transfer originated solely by paper instrument. (b) “Authorization” means empowerment, permission, or competence to act. (c) “Harass” means to engage in conduct directed at a specific person that is intended to cause substantial emotional distress to such person and serves no legitimate purpose. “Harass” does not mean to use personal identification information for accepted commercial purposes. The term does not include constitutionally protected conduct such as organized protests or the use of personal identification information for accepted commercial purposes. (d) “Individual” means a single human being and does not mean a firm, association of individuals, corporation, partnership, joint venture, sole proprietorship, or any other entity. (e) “Person” means a “person” as defined in s. 1.01(3). (f) “Personal identification information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any: 1. Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicaid or food assistance State Statutes 744 account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card; 2. Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; 3. Unique electronic identification number, address, or routing code; 4. Medical records; 5. Telecommunication identifying information or access device; or 6. Other number or information that can be used to access a person’s financial resources. (g) “Counterfeit or fictitious personal identification information” means any counterfeit, fictitious, or fabricated information in the similitude of the data outlined in paragraph (f) that, although not truthful or accurate, would in context lead a reasonably prudent person to credit its truthfulness and accuracy. (2) (a) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning another person without first obtaining that person’s consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who willfully and without authorization fraudulently uses personal identification information concerning a person without first obtaining that person’s consent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $5,000 or more or if the person fraudulently uses the personal identification information of 10 or more persons, but fewer than 20 persons, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years’ imprisonment. (c) Any person who willfully and without authorization fraudulently uses personal identification information concerning a person without first obtaining that person’s consent commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000 or more or if the person fraudulently uses the personal identification information of 20 or more persons, but fewer than 30 persons, without their consent. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 5 years’ imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the personal identification information of 30 or more persons without their consent, notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 10 years’ imprisonment. (3) Neither paragraph (2)(b) nor paragraph (2)(c) prevents a court from imposing a greater sentence of incarceration as authorized by law. If the minimum mandatory terms of imprisonment imposed under paragraph (2)(b) or paragraph (2)(c) exceed the maximum sentences authorized under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment under paragraph (2)(b) or paragraph (2)(c) are less than the sentence that could be imposed under s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, the sentence imposed by the court must include the mandatory minimum term of imprisonment as required by paragraph (2)(b) or paragraph (2)(c). (4) Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning a person without first obtaining that person’s consent, and who does so for the purpose of harassing that person, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. State Statutes 745 775.083. (5) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s. 119.011, the offense is reclassified to the next higher degree as follows: (a) A misdemeanor of the first degree is reclassified as a felony of the third degree. (b) A felony of the third degree is reclassified as a felony of the second degree. (c) A felony of the second degree is reclassified as a felony of the first degree. For purposes of sentencing under chapter 921 and incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart in s. 921.0022. (6) Any person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is younger than 18 years of age or 60 years of age or older without first obtaining the consent of that individual or of his or her legal guardian commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) Any person who is in the relationship of parent or legal guardian, or who otherwise exercises custodial authority over an individual who is younger than 18 years of age or 60 years of age or older, who willfully and fraudulently uses personal identification information of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8) (a) Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual or dissolved business entity commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual or dissolved business entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who willfully and fraudulently uses personal identification information concerning a deceased individual or dissolved business entity commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is $5,000 or more, or if the person fraudulently uses the personal identification information of 10 or more but fewer than 20 deceased individuals or dissolved business entities. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years’ imprisonment. (c) Any person who willfully and fraudulently uses personal identification information concerning a deceased individual or dissolved business entity commits the offense of aggravated fraudulent use of the personal identification information of multiple deceased individuals or dissolved business entities, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is $50,000 or more, or if the person fraudulently uses the personal identification information of 20 or more but fewer than 30 deceased individuals or dissolved business entities. Notwithstanding any other provision of law, the court shall sentence any person convicted of the offense described in this paragraph to a minimum mandatory sentence of 5 years’ imprisonment. If the pecuniary benefit, the value of the services received, the payment sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the personal identification information of 30 or more deceased individuals or dissolved business entities, notwithstanding any other provision of law, the court shall sentence any person convicted of an offense described in this paragraph to a mandatory minimum sentence of 10 years’ imprisonment. (9) Any person who willfully and fraudulently creates or uses, or possesses with intent to fraudulently use, counterfeit or fictitious personal identification information concerning a fictitious person, or concerning a real person without first obtaining that real person’s consent, with intent to use such counterfeit or fictitious personal identification information for the purpose of committing or facilitating the commission of a fraud on State Statutes 746 another person, commits the offense of fraudulent creation or use, or possession with intent to fraudulently use, counterfeit or fictitious personal identification information, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (10) Any person who commits an offense described in this section and for the purpose of obtaining or using personal identification information misrepresents himself or herself to be a law enforcement officer; an employee or representative of a bank, credit card company, credit counseling company, or credit reporting agency; or any person who wrongfully represents that he or she is seeking to assist the victim with a problem with the victim’s credit history shall have the offense reclassified as follows: (a) In the case of a misdemeanor, the offense is reclassified as a felony of the third degree. (b) In the case of a felony of the third degree, the offense is reclassified as a felony of the second degree. (c) In the case of a felony of the second degree, the offense is reclassified as a felony of the first degree. (d) In the case of a felony of the first degree or a felony of the first degree punishable by a term of imprisonment not exceeding life, the offense is reclassified as a life felony. For purposes of sentencing under chapter 921, a felony offense that is reclassified under this subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed, and a misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the offense severity ranking chart. (11) A person who willfully and without authorization fraudulently uses personal identification information concerning an individual who is 60 years of age or older; a disabled adult as defined in s. 825.101; a public servant as defined in s. 838.014; a veteran as defined in s. 1.01; a first responder as defined in s. 125.01045; an individual who is employed by the State of Florida; or an individual who is employed by the Federal Government without first obtaining the consent of that individual commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (12) In addition to any sanction imposed when a person pleads guilty or nolo contendere to, or is found guilty of, regardless of adjudication, a violation of this section, the court shall impose a surcharge of $1,001. (a) The sum of $500 of the surcharge shall be deposited into the Department of Law Enforcement Operating Trust Fund for the department to provide grants to local law enforcement agencies to investigate offenses related to the criminal use of personal identification information as provided in s. 943.0412. (b) The sum of $250 of the surcharge shall be deposited into the State Attorneys Revenue Trust Fund for the purpose of funding prosecutions of offenses relating to the criminal use of personal identification information. The sum of $250 of the surcharge shall be deposited into the Public Defenders Revenue Trust Fund for the purposes of indigent criminal defense related to the criminal use of personal identification information. (c) The clerk of the court shall retain $1 of each $1,001 surcharge that he or she collects as a service charge of the clerk’s office. (d) The surcharge may not be waived by the court. In the event that the person has been ordered to pay restitution in accordance with s. 775.089, the surcharge shall be included in a judgment. (13) The prosecutor may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in fraudulent possession or use of personal identification information. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance. (14) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of this state or any of its political subdivisions, of any other state or its political subdivisions, or of the Federal Government or its political subdivisions. (15) (a) In sentencing a defendant State Statutes 747 convicted of an offense under this section, the court may order that the defendant make restitution under s. 775.089 to any victim of the offense. In addition to the victim’s out-of-pocket costs, restitution may include payment of any other costs, including attorney’s fees incurred by the victim in clearing the victim’s credit history or credit rating, or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt, lien, or other obligation of the victim arising as the result of the actions of the defendant. (b) The sentencing court may issue such orders as are necessary to correct any public record that contains false information given in violation of this section. (16) Prosecutions for violations of this section may be brought on behalf of the state by any state attorney or by the statewide prosecutor. (17) The Legislature finds that, in the absence of evidence to the contrary, the location where a victim gives or fails to give consent to the use of personal identification information is the county where the victim generally resides. (18) Notwithstanding any other provision of law, venue for the prosecution and trial of violations of this section may be commenced and maintained in any county in which an element of the offense occurred, including the county where the victim generally resides. (19) A prosecution of an offense prohibited under subsection (2), subsection (6), or subsection (7) must be commenced within 3 years after the offense occurred. However, a prosecution may be commenced within 1 year after discovery of the offense by an aggrieved party, or by a person who has a legal duty to represent the aggrieved party and who is not a party to the offense, if such prosecution is commenced within 5 years after the violation occurred. 817.5685 Unlawful possession of the personal identification information of another person. (1) As used in this section, the term “personal identification information” means a person’s social security number, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicaid or food assistance account number, bank account number, credit or debit card number, and medical records. (2) It is unlawful for a person to intentionally or knowingly possess, without authorization, the personal identification information of another person in any form, including, but not limited to, mail, physical documents, identification cards, or information stored in digital form. (3) (a) A person who violates subsection (2) and in doing so possesses the personal identification information of four or fewer persons commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) 1. Proof that a person used or was in possession of the personal identification information of five or more individuals, unless satisfactorily explained, gives rise to an inference that the person who used or was in possession of the personal identification information did so knowingly and intentionally without authorization. 2. A person who violates subsection (2) and in doing so possesses the personal identification information of five or more persons commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Subsection (2) does not apply to: (a) A person who is the parent or legal guardian of a child and who possesses the personal identification information of that child. (b) A person who is the guardian of another person under chapter 744 and who is authorized to possess the personal identification information of that other person and make decisions regarding access to that personal identification information. (c) An employee of a governmental agency who possesses the personal identification information of another person in the ordinary course of business. (d) A person who is engaged in a lawful business and possesses the personal identification information of another person in the ordinary course of business. (e) A person who finds a card or document issued by a governmental agency that contains the personal identification information of another person and who takes reasonably prompt action to return that card or document to its owner, to the governmental agency that issued the card or document, or to a law enforcement agency. State Statutes 748 (5) It is an affirmative defense to an alleged violation of subsection (2) if the person who possesses the personal identification information of another person: (a) Did so under the reasonable belief that such possession was authorized by law or by the consent of the other person; or (b) Obtained that personal identification information from a forum or resource that is open or available to the general public or from a public record. (6) This section does not preclude prosecution for the unlawful possession of personal identification information pursuant to s. 817.568 or any other law. 817.58 Definitions. As used in ss. 817.57-817.685: (1)“Acquirer” means a business organization, governmental entity, financial institution, or an agent of a business organization, governmental entity, or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value. (2) “Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. (3) “Counterfeit credit card” means any credit card which is fictitious, altered, or forged; any facsimile or false representation, depiction, or component of a credit card; or any credit card which is stolen, obtained as part of a scheme to defraud, or otherwise unlawfully obtained, and which may or may not be embossed with account information or a company logo. (4) “Credit card” means any instrument or device, whether known as a credit card, credit plate, bank service card, banking card, check guarantee card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value on credit or for use in an automated banking device to obtain any of the services offered through the device. (5) “Expired credit card” means a credit card which is no longer valid because the term shown on it has elapsed. (6)“Issuer” means the business organization, state or federal government, or financial institution, or its duly authorized agent, which issues a credit card. (7) “Receives” or “receiving” means acquiring possession or control or accepting as security for a loan a credit card. (8) “Revoked credit card” means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer. (9) “Credit-card-making equipment” means any equipment, machine, plate, mechanism, impression, or any other device designed, used, or capable of being used to produce a credit card, a counterfeit credit card, or any aspect or component of a credit card. (10) “Traffic” means to sell, transfer, distribute, dispense, or otherwise dispose of a property or to buy, receive, obtain control of, or use property with the intent to sell, transfer, distribute, dispense, or otherwise dispose of such property. 817.59 False statement as to financial condition or identity. A person who makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on respecting his or her identity or that of any other person, firm, or corporation or his or her financial condition or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card, violates this section and is subject to the penalties set forth in s. 817.67(1). 817.60 Theft; obtaining credit card through fraudulent means. (1) THEFT BY TAKING OR RETAINING POSSESSION OF CARD TAKEN. A person who takes a credit card from the person, possession, custody, or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1). Taking a credit card without consent includes obtaining it by conduct defined or known as statutory larceny, common-law larceny by trespassory taking, common-law larceny by trick or embezzlement or obtaining property by false pretense, false promise or extortion. (2) THEFT OF CREDIT CARD LOST, MISLAID, OR DELIVERED BY MISTAKE. A person who receives a credit card that he or she knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and who retains possession with intent to use it, to State Statutes 749 sell it, or to transfer it to a person other than the issuer or the cardholder is guilty of credit card theft and is subject to the penalties set forth in s. 817.67(1). (3) PURCHASE OR SALE OF CREDIT CARD OF ANOTHER. A person other than the issuer who sells a credit card or a person who buys a credit card from a person other than the issuer violates this subsection and is subject to the penalties set forth in s. 817.67(1). (4) OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT. A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt violates this subsection and is subject to the penalties set forth in s. 817.67(1). (5) DEALING IN CREDIT CARDS OF ANOTHER. A person other than the issuer who, during any 12-month period, receives two or more credit cards issued in the name or names of different cardholders, which cards he or she has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of this part, violates this subsection and is subject to the penalties set forth in s. 817.67(2). (6) FORGERY OF CREDIT CARD. (a) A person who, with intent to defraud a purported issuer or a person or organization providing money, goods, services, or anything else of value or any other person, falsely makes, falsely embosses, or falsely alters in any manner a credit card or utters such a credit card or who, with intent to defraud, has a counterfeit credit card or any invoice, voucher, sales draft, or other representation or manifestation of a counterfeit credit card in his or her possession, custody, or control is guilty of credit card forgery and is subject to the penalties set forth in s. 817.67(2). (b) A person other than an authorized manufacturer or issuer who possesses two or more counterfeit credit cards is presumed to have violated this subsection. (c) A person falsely makes a credit card when he or she makes or draws in whole or in part a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing or when he or she alters a credit card which was validly issued. (d) A person falsely embosses a credit card when, without the authorization of the named issuer, he or she completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder. (7)SIGNING CREDIT CARD OF ANOTHER. A person other than the cardholder or a person authorized by him or her who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, signs a credit card violates this subsection and is subject to the penalties set forth in s. 817.67(1). (8) UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD. A person who knowingly possesses, receives, or retains custody of a credit or debit card that has been taken from the possession, custody, or control of another without the cardholder’s consent and with the intent to impede the recovery of the credit or debit card by the cardholder commits unlawful possession of a stolen credit or debit card and is subject to the penalties set forth in s. 817.67(2). It is not a violation of this subsection for a retailer or retail employee, in the ordinary course of business, to possess, receive, or return a credit card or debit card that the retailer or retail employee does not know was stolen or to possess, receive, or retain a credit card or debit card that the retailer or retail employee knows is stolen for the purpose of an investigation into the circumstances regarding the theft of the card or its possible unlawful use. 817.61 Fraudulent use of credit cards. A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued violates this section. A person who, in any 6-month period, uses a credit card in violation of this section two or fewer times, or obtains money, goods, services, or anything else in violation of this section the value of which is State Statutes 750 less than $100, is subject to the penalties set forth in s. 817.67(1). A person who, in any 6-month period, uses a credit card in violation of this section more than two times, or obtains money, goods, services, or anything else in violation of this section the value of which is $100 or more, is subject to the penalties set forth in s. 817.67(2). 817.611 Traffic in or possess counterfeit credit cards. (1) As used in this section, the term “related document” means an invoice, a voucher, a sales draft, or other representation or manifestation of a counterfeit credit card or a credit card number of a cardholder if not authorized by the cardholder. (2) A person who traffics in, attempts to traffic in, or possesses counterfeit credit cards or related documents in any 6-month period is guilty of: (a) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 5 to 14 counterfeit credit cards or related documents. (b) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 15 to 49 counterfeit credit cards or related documents. (c) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person traffics in, attempts to traffic in, or possesses 50 or more counterfeit credit cards or related documents. 817.612 Expired or revoked credit cards. A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card which he or she knows is expired or revoked violates this section and is subject to the penalties set forth in s. 817.67(1). Knowledge of revocation shall be presumed to have been received by a cardholder 7 days after such notice has been mailed to him or her by first-class mail at the last known address. 817.62 Fraud by person authorized to provide goods or services. (1) ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT CARD; FORGED, REVOKED, OR EXPIRED CREDIT CARD. A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, expired, or revoked violates this subsection and is subject to the penalties set forth in s. 817.67(1), if the value of all money, goods, services, and other things of value furnished in violation of this subsection does not exceed $300 in any 6-month period. The violator is subject to the penalties set forth in s. 817.67(2) if such value does exceed $300 in any 6-month period. (2) MISREPRESENTATION TO ISSUER OR ACQUIRER. A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to furnish money, goods, services, or anything else of value which he or she represents in writing to the issuer or the acquirer that he or she has furnished violates this subsection and is subject to the penalties set forth in s. 817.67(2). (3) ILLEGALLY FACTORING CREDIT CARD TRANSACTIONS. (a) A person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or any agent or employee of such person, who, with intent to defraud the issuer, the acquirer, or the cardholder, presents to the issuer or acquirer, for payment, a credit card transaction record of a sale, which sale was not made by such person or his or her agent or employee, violates this paragraph and is subject to the penalties set forth in s. 817.67(2). (b) A person who, without the acquirer's authorization, employs, solicits, or otherwise causes a person who is authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a credit card or a credit card account number by a cardholder, or employs, solicits, or otherwise causes an agent or State Statutes 751 employee of such authorized person, to remit to the acquirer a credit card transaction record of a sale that was not made by such authorized person or his or her agent or employee violates this paragraph and is subject to the penalties set forth in s. 817.67(2). (c) Any violation of this subsection constitutes an unfair or deceptive act or practice within the meaning of s. 501.204 and thus the basis for a civil or administrative action by an enforcing authority pursuant to part II of chapter 501. 817.625 Use of scanning device, skimming device, or reencoder to defraud; possession of skimming device; penalties. (1) As used in this section, the term: (a) “Merchant” means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing, or receiving goods, services, money, or anything else of value from the person. (b) “Payment card” means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant. (c) “Reencoder” means an electronic device that places encoded information from the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card onto the computer chip, magnetic strip or stripe, or other storage mechanism of a different payment card. The term does not include a skimming device. (d) “Scanning device” means a scanner, reader, or any other electronic device that may be used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card or from another device that directly reads the information from a payment card. The term does not include a skimming device. (e)“Skimming device” means a self-contained device that: 1. Is designed to read and store in the device’s internal memory information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card or from another device that directly reads the information from a payment card; and 2. Is incapable of processing the payment card information for the purpose of obtaining, purchasing, or receiving goods, services, money, or anything else of value from a merchant. (2) (a) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person to use: 1. A scanning device or skimming device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant. 2. A reencoder to place information encoded on the computer chip, magnetic strip or stripe, or other storage mechanism of a payment card onto the computer chip, magnetic strip or stripe, or other storage mechanism of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant. (b) A person who violates subparagraph (a)1. or subparagraph (a)2. a second or subsequent time commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for a person to knowingly possess, sell, or deliver a skimming device. This paragraph does not apply to the following individuals while acting within the scope of 1their official duties: 1. An employee, officer, or agent of: a. A law enforcement agency or criminal prosecuting authority for the state or the Federal Government; b. The state courts system as defined in s. 25.382 or the federal court system; or c. An executive branch agency in this state. 2. A financial or retail security investigator employed by a merchant. State Statutes 752 (d) A person who commits a violation of this subsection shall also be subject to ss. 932.701-932.7062. 817.631 Possession and transfer of credit-card-making equipment. A person who receives, possesses, transfers, buys, sells, controls, or has custody of any credit-card-making equipment with intent that such equipment be used in the production of counterfeit credit cards violates this section and is subject to the penalties set forth in s. 817.67(2). 817.64 Receipt of money, etc., obtained by fraudulent use of credit cards. A person who receives money, goods, services, or anything else of value obtained in violation of s. 817.61, knowing or believing that it was so obtained, violates this section and is subject to the penalties set forth in s. 817.67(1). A person who obtains at a discount price a ticket issued by an airline, railroad, steamship, or other transportation company which was acquired in violation of s. 817.61 without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances constituting a violation of s. 817.61. 817.645 Alteration of credit card invoice; penalties. Whoever, with intent to defraud any person, falsely alters any invoice for money, goods, services, or anything else of value obtained by use of a credit card after it has been signed by the cardholder or a person authorized by him or her violates this section and is subject to the penalties set forth in s. 817.67(1). 817.646 Credit card lists prohibited; penalty. (1) It is unlawful for any person, business, corporation, partnership, or other agency to make available, lend, donate, or sell any list or portion of a list of any credit card subscribers and their addresses and account numbers to any third party without the express written permission of the issuer and the subscribers; except that a credit card issuer may make a list of its cardholders, including names, addresses, and account numbers, available, without the permission of the subscribers, to a third party pursuant to a contract, if such contract contains language requiring the third party to bind through contract each of its subcontractors by including language prohibiting the divulging of any part of the list for any purpose by the subcontractors except to fulfill and service orders pursuant to the contract between the credit card issuer and the authorized third party. However, notwithstanding any contrary provision of this section, a "consumer reporting agency," as that term is defined by the Fair Credit Reporting Act, Pub. L. No. 91-508, may provide lists of credit account names, addresses, and account numbers to third parties pursuant to the provisions of that act. Nothing herein shall make unlawful or otherwise prohibit the transmittal of any such information to or from a "consumer reporting agency," as that term is defined in the Fair Credit Reporting Act, or a "debt collector," as that term is defined in the Fair Debt Collection Practices Act, Pub. L. No. 95-109. Notwithstanding the provisions of this section: (a) A corporation may make available, lend, donate, or sell any list or portion of a list of any credit card subscribers and their addresses and account numbers to a subsidiary or the parent corporation of such corporation or to another subsidiary of the common parent corporation; and (b) Any business entity may lawfully obtain the names, addresses, and account numbers of its own customers. Such information may only be maintained to serve the needs of its customers for its own promotional or marketing purposes. (2) A violator of this section is subject to the penalties set forth in s. 817.67(1). 817.65 Defenses not available. It shall not constitute a defense to a prosecution for any violation of this part that: (1) A credit card that is not a counterfeit credit card is offered for use or sale as a counterfeit credit card. (2) A person, other than the defendant, who violated this part has not been convicted, apprehended, or identified. 817.67 Penalties. (1) A person who is subject to the penalties of this subsection shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who is subject to the penalties of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 753 823.02 Building bonfires. Whoever is concerned in causing or making a bonfire within 10 rods of any house or building shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 823.041 Disposal of bodies of dead animals; penalty (1) Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground; provided, however, nothing in this section shall prohibit the disposal of such animal carcasses to rendering companies licensed to do business in this state. (2) It is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird. (3) Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) For the purposes of this act, the words "domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird. 823.07 Iceboxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers, or airtight units; abandonment, discard. (1) The purpose of ss. 823.07-823.09 is to prevent deaths due to suffocation of children locked in abandoned or discarded iceboxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers, or similar airtight units from which the doors have not been removed. (2) It is unlawful for any person knowingly to abandon or discard or to permit to be abandoned or discarded on premises under his or her control any icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of 1 ½ cubic feet or more from which the door has not been removed. (3) The provisions of this section shall not apply to an icebox, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked from the outside or is in the normal use on the premises of a home, or rental unit, or is held for sale or use in a place of business; provided, however, that “place of business" as used herein shall not be deemed to include a junkyard or other similar establishment dealing in secondhand merchandise for sale on open unprotected premises. (4) It shall be unlawful for any junkyard dealer or secondhand furniture dealer with unenclosed premises used for display of secondhand iceboxes, refrigerators, deep freeze lockers, clothes washers, clothes dryers, or similar airtight units to fail to remove the doors on such secondhand units having an interior storage capacity of 1 ½ cubic feet or more from which the door has not been removed. This section will not apply to any dealer who has fenced and locked his or her premises. 823.09 Violation of s. 823.07; penalty. Any person violating any provision of s. 823.07, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that in the event death of a minor child or permanent physical or mental injury to a minor child results from willful and wanton misconduct amounting to culpable negligence on the part of the person committing such violation, then such person shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 823.10 Place where controlled substances are illegally kept, sold, or used declared a public nuisance. (1) Any store, shop, warehouse, dwelling house, building, structure, vehicle, ship, boat, vessel, or aircraft, or any place whatever, which is visited by persons for the purpose of unlawfully using any substance controlled under chapter 893 or any drugs as described in chapter 499, or which is used for the illegal keeping, selling, or delivering of the same, shall be deemed a public nuisance. No person shall keep or maintain such public nuisance or aid and abet another in keeping or maintaining such public nuisance. Any person who willfully keeps or maintains a public nuisance or willfully aids or abets another in keeping or maintaining a public nuisance, and such public nuisance is a warehouse, structure, or building, commits a felony of the third degree, punishable as provided in s. State Statutes 754 775.082, s. 775.083, or s. 775.084. (2) Any proceeding brought under this section shall be governed by chapter 60. 823.12 Smoking in elevators unlawful; penalty. It is unlawful for any person to possess any ignited tobacco product or other ignited substance while present in an elevator. Any person who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 825.101 Definitions. As used in this chapter: (1) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services. (2) “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or disabled adult. “Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities as defined in subsection (6). (3) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living. (4) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired. (5) “Endeavor” means to attempt or try. (6) “Facility” means any location providing day or residential care or treatment for elderly persons or disabled adults. The term “facility” may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community. (7) “Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property. (8) “Obtains or uses” means any manner of: (a) Taking or exercising control over property; or (b) Making any use, disposition, or transfer of property. (9) “Position of trust and confidence” with respect to an elderly person or a disabled adult means the position of a person who: (a) Is a parent, spouse, adult child, or other relative by blood or marriage of the elderly person or disabled adult; (b) Is a joint tenant or tenant in common with the elderly person or disabled adult; (c) Has a legal or fiduciary relationship with the elderly person or disabled adult, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator; (d) Is a caregiver of the elderly person or disabled adult; or (e) Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elderly person’s or disabled adult’s funds, assets, or property. (10) “Property” means anything of value and includes: (a) Real property, including things growing on, affixed to, and found in land. (b) Tangible or intangible personal property, including rights, privileges, interests, and claims. (c) Services. (11) “Services” means anything of value resulting from a person’s physical or mental labor or skill, or from the use, possession, or presence of property, and includes: (a) Repairs or improvements to property. (b) Professional services. (c) Private, public, or governmental communication, transportation, power, water, or sanitation services. (d) Lodging accommodations. (e) Admissions to places of exhibition or entertainment. (12) “Value” means value determined according to any of the following: (a) 1. The market value of the property at the State Statutes 755 time and place of the offense or, if the market value cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the offense. 2. In the case of a written instrument such as a check, draft, or promissory note, which does not have a readily ascertainable market value, the value is the amount due or collectible. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation is the greatest amount of economic loss that the owner of the instrument might reasonably suffer by the loss of the instrument. 3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by reason of losing advantage over those who do not know of or use the trade secret. (b) If the value of the property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100. (c) Amounts of value of separate properties involved in exploitation committed pursuant to one scheme or course of conduct, whether the exploitation involves the same person or several persons, may be aggregated in determining the degree of the offense. 825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties. (1) "Abuse of an elderly person or disabled adult" means: (a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult; (b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or (c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult. A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) "Aggravated abuse of an elderly person or disabled adult" occurs when a person: (a) Commits aggravated battery on an elderly person or disabled adult; (b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or (c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult. A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) "Neglect of an elderly person or disabled adult" means: 1. A caregiver's failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person's or disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or 2. A caregiver's failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person. Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult. (b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or State Statutes 756 disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 825.1025 Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person. (1) As used in this section, "sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (2) (a) "Lewd or lascivious battery upon an elderly person or disabled person" occurs when a person encourages, forces, or entices an elderly person or disabled person to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent. (b) A person who commits lewd or lascivious battery upon an elderly person or disabled person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) "Lewd or lascivious molestation of an elderly person or disabled person" occurs when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of an elderly person or disabled person when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent. (b) A person who commits lewd or lascivious molestation of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) (a) "Lewd or lascivious exhibition in the presence of an elderly person or disabled person" occurs when a person, in the presence of an elderly person or disabled person: 1. Intentionally masturbates; 2. Intentionally exposes his or her genitals in a lewd or lascivious manner; or 3. Intentionally commits any other lewd or lascivious act that does not involve actual physical or sexual contact with the elderly person or disabled person, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity, when the person knows or reasonably should know that the elderly person or disabled person either lacks the capacity to consent or fails to give consent to having such act committed in his or her presence. (b) A person who commits a lewd or lascivious exhibition in the presence of an elderly person or disabled person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 825.103 Exploitation of an elderly person or disabled adult; penalties. (1) “Exploitation of an elderly person or disabled adult” means: (a) Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who: 1. Stands in a position of trust and confidence with the elderly person or disabled adult; or 2. Has a business relationship with the elderly person or disabled adult; (b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent; (c) Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. An unauthorized appropriation under this paragraph occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties: 1. For agents appointed under chapter 709: a. Committing fraud in obtaining their appointments; State Statutes 757 b. Abusing their powers; c. Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary; or d. Acting contrary to the principal’s sole benefit or best interest; or 2. For guardians and trustees who are individuals and who are appointed under chapter 736 or chapter 744: a. Committing fraud in obtaining their appointments; b. Abusing their powers; or c. Wasting, embezzling, or intentionally mismanaging the assets of the ward or beneficiary of the trust; (d) Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer. This paragraph only applies to the following types of accounts: 1. Personal accounts; 2. Joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or 3. Convenience accounts created in accordance with s. 655.80; or (e) Intentionally or negligently failing to effectively use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult. (2) Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person age 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonably equivalent financial value in goods or services creates a permissive presumption that the transfer was the result of exploitation. (a) This subsection applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan, except that it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption of this subsection applies. (b) This subsection does not apply to: 1. Persons who are in the business of making loans. 2. Bona fide charitable donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code. (c) In a criminal case to which this subsection applies, if the trial is by jury, jurors shall be instructed that they may, but are not required to, draw an inference of exploitation upon proof beyond a reasonable doubt of the facts listed in this subsection. The presumption of this subsection imposes no burden of proof on the defendant. (3) (a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) If a person is charged with financial exploitation of an elderly person or disabled adult that involves the taking of or loss of property valued at more than $5,000 and property belonging to a victim is seized from the defendant pursuant to a search warrant, the court shall hold an evidentiary hearing and determine, by a preponderance of the evidence, whether the defendant unlawfully obtained the victim’s property. If the court finds that the property was unlawfully obtained, the court may order it returned to the victim for restitution purposes before trial on the charge. This determination is inadmissible in evidence at trial on the charge and does not give rise to any inference that the defendant has committed an offense under this section. 825.105 Good faith assistance. This State Statutes 758 chapter is not intended to impose criminal liability on a person who makes a good faith effort to assist an elderly person or disabled adult in the management of the funds, assets, or property of the elderly person or disabled adult, which effort fails through no fault of the person. 826.04 Incest. Whoever knowingly marries or has sexual intercourse with a person to whom he or she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece, commits incest, which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse" is the penetration of the female sex organ by the male sex organ, however slight; emission of semen is not required. 827.01 Definitions. As used in this chapter: (1) "Caregiver" means a parent, adult household member, or other person responsible for a child's welfare. (2) "Child" means any person under the age of 18 years. (3) "Placement" means the giving or transferring of possession or custody of a child by any person to another person for adoption or with the intent or purpose of surrendering the control of the child. 827.03 Abuse, aggravated abuse, and neglect of a child; (1) DEFINITIONS. As used in this section, the term: (a) “Aggravated child abuse” occurs when a person: 1. Commits aggravated battery on a child; 2. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or 3. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child. (b) “Child abuse” means: 1. Intentional infliction of physical or mental injury upon a child; 2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 3. Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child. (c) “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. (d) “Mental injury” means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior as supported by expert testimony. (e) “Neglect of a child” means: 1. A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or 2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. Except as otherwise provided in this section, neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child. (2) OFFENSES. (a) A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 759 (3) EXPERT TESTIMONY. (a) Except as provided in paragraph (b), a physician may not provide expert testimony in a criminal child abuse case unless the physician is a physician licensed under chapter 458 or chapter 459 or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (b) A physician may not provide expert testimony in a criminal child abuse case regarding mental injury unless the physician is a physician licensed under chapter 458 or chapter 459 who has completed an accredited residency in psychiatry or has obtained certification as an expert witness pursuant to s. 458.3175 or s. 459.0066. (c) A psychologist may not give expert testimony in a criminal child abuse case regarding mental injury unless the psychologist is licensed under chapter 490. (d) The expert testimony requirements of this subsection apply only to criminal child abuse and neglect cases pursuant to this chapter, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 and not to family court cases. 827.035 Newborn infants. It shall not constitute neglect of a child pursuant to s. 827.03 or contributing to the dependency of a child pursuant to s. 827.04, if a parent leaves a newborn infant at a hospital, emergency medical services station, or fire station or brings a newborn infant to an emergency room and expresses an intent to leave the infant and not return, in compliance with s. 383.50. 827.04 Contributing to the delinquency or dependency of a child; penalty. (1) Any person who: (a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or dependent child or a child in need of services; or (b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act, follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a dependent or delinquent child or a child in need of services, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of a violation of this section. (3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in violation of this subsection commits an offense under this subsection regardless of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense committed during the course of the same criminal transaction or episode, including, but not limited to, an offense proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of age. Neither the victim's lack of chastity nor the victim's consent is a defense to the crime proscribed under this subsection. 827.06 Nonsupport of dependents (1) The Legislature finds that most parents want to support their children and remain connected to their families. The Legislature also finds that while many parents lack the financial resources and other skills necessary to provide that support, some parents willfully fail to provide support to their children even when they are aware of the obligation and have the ability to do so. The Legislature further finds that existing statutory provisions for civil enforcement of support have not proven sufficiently effective or efficient in gaining adequate support for all children. Recognizing that it is the public policy of this state that children shall be maintained primarily from the resources of their parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through public assistance programs, it is the intent of the Legislature that the criminal penalties provided for in this section are to be pursued in all appropriate cases where civil enforcement has not resulted in payment. (2) Any person who willfully fails to provide support which he or she has the ability to provide to a child or a spouse whom the person knows he or she is legally obligated to support commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. State Statutes 760 (3) Any person who is convicted of a fourth or subsequent violation of subsection (2) or who violates subsection (2) and who has owed to that child or spouse for more than 1 year support in an amount equal to or greater than $5,000 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Upon a conviction under this section, the court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing. (5) (a) Evidence that the defendant willfully failed to make sufficient good faith efforts to legally acquire the resources to pay legally ordered support may be sufficient to prove that he or she had the ability to provide support but willfully failed to do so, in violation of this section. (b) The element of knowledge may be proven by evidence that a court or tribunal as defined by s. 88.1011 has entered an order that obligates the defendant to provide the support. (6) It is the intent of the Legislature for the state attorneys, the Florida Prosecuting Attorneys Association, and the Department of Revenue to work collaboratively to identify strategies that allow the criminal penalties provided for in this section to be pursued in all appropriate cases, including, but not limited to, strategies that would assist the state attorneys in obtaining additional resources from available federal Title IV-D funds to initiate prosecution pursuant to this section. 827.071 Sexual performance by a child; penalties. (1) As used in this section, the following definitions shall apply: (a) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva. (b) “Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation over any period of time. (c) “Performance” means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience. (d) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same. (e) “Sadomasochistic abuse” means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction from inflicting harm on another or receiving such harm oneself. (f) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, “sexual battery” does not include an act done for a bona fide medical purpose. (g) “Sexual bestiality” means any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. (h) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.” (i) “Sexual performance” means any performance or part thereof which includes sexual conduct by a child of less than 18 years of age. (j) “Simulated” means the explicit depiction of conduct set forth in paragraph (h) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks. (2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child less than 18 years of age to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person is guilty of promoting a sexual State Statutes 761 performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child less than 18 years of age. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. Whoever violates this subsection is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) (a) It is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession, control, or intentional viewing of each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense. If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes sexual conduct by more than one child, then each such child in each such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that is knowingly possessed, controlled, or intentionally viewed is a separate offense. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) This subsection does not apply to material possessed, controlled, or intentionally viewed as part of a law enforcement investigation. (6) Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children. 827.08 Misuse of child support money. Any person who willfully misapplies funds paid by another or by any governmental agency for the purpose of support of a child shall, for the first offense, be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and for a second or subsequent conviction under this section, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person shall be deemed to have misapplied child support funds when such funds are spent for any purpose other than for necessary and proper home, food, clothing, and the necessities of life, which expenditure results in depriving the child of the above named necessities. All public welfare agencies shall give notice of the provisions of this section at least once to each payee of any public grant made for the benefit of any child and shall report violations of this section to the proper prosecuting officer. 827.10 Unlawful desertion of a child. (1) As used in this section, the term: (a) “Care” means support and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child. (b) “Caregiver” has the same meaning as provided in s. 39.01. (c) “Child” means a child for whose care the caregiver is legally responsible. (d) “Desertion” or “deserts” means to leave a child in a place or with a person other than a relative with the intent not to return to the child and with the intent not to provide for the care of the child. (e) “Relative” has the same meaning as provided in s. 39.01. (2) A caregiver who deserts a child under circumstances in which the caregiver knew or should have known that the desertion exposes the child to unreasonable risk of harm commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to a person who surrenders a newborn infant in compliance with s. 383.50. (4) This section does not preclude prosecution for a criminal act under any State Statutes 762 other law, including, but not limited to, prosecution of child abuse or neglect of a child under s. 827.03. 828.02 Definitions. In this chapter, and in every law of the state relating to or in any way affecting animals, the word "animal" shall be held to include every living dumb creature; the words "torture," "torment," and "cruelty" shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to continue when there is reasonable remedy or relief; and the words "owner" and "person" shall be held to include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. 828.05 Killing an injured or diseased domestic animal. (1) The purpose of this section is to provide a swift and merciful means whereby domestic animals which are suffering from an incurable or untreatable condition or are imminently near death from injury or disease may be destroyed without unconscionable delay and in a humane and proficient manner. (2) As used in this section, the term "officer" means: (a) Any law enforcement officer; (b) Any veterinarian; and (c) Any officer or agent of any municipal or county animal control unit or of any society or association for the prevention of cruelty to animals, or the designee of such an officer or agent. (3) Whenever any domestic animal is so injured or diseased as to appear useless and is suffering, and it reasonably appears to an officer that such animal is imminently near death or cannot be cured or rendered fit for service and the officer has made a reasonable and concerted, but unsuccessful, effort to locate the owner, the owner's agent, or a veterinarian, then such officer, acting in good faith and upon reasonable belief, may immediately destroy such animal by shooting the animal or injecting it with a barbiturate drug. If the officer locates the owner or the owner's agent, the officer shall notify him or her of the animal's location and condition. If the officer locates only a veterinarian, the officer shall destroy the animal only upon the advice of the veterinarian. However, this section does not prohibit an owner from destroying his or her own domestic animal in a humane and proficient manner when the conditions described in this section exist. (4) No officer or veterinarian acting in good faith and with due care pursuant to this section will be liable either criminally or civilly for such act, nor will any civil or criminal liability attach to the employer of the officer or veterinarian. (5) A court order is not necessary to carry out the provisions of this section. 828.073 Animals found in distress. (1) The purpose of this section is to provide a means by which a neglected or mistreated animal may be: (a) Removed from its present custody, or (b) Made the subject of an order to provide care, issued to its owner by the county court, any law enforcement officer, any animal control officer certified pursuant to s. 828.27, or any agent of any county or of any society or association for the prevention of cruelty to animals appointed under s. 828.03, and protected and disposed of appropriately and humanely. (2) Any law enforcement officer, any animal control officer certified pursuant to s. 828.27, or any agent of any county or of any society or association for the prevention of cruelty to animals appointed under s. 828.03 may: (a) Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location, or (b) Order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner’s expense without removal of the animal from its present location, and shall file a petition seeking relief under this section in the county court of the county in which the animal is found within 10 days after the animal is seized or an order to provide care is issued. The court shall schedule and commence a hearing on the petition within 30 days after the petition is filed to determine whether the owner, if known, is able to adequately provide for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered thereon within 60 days after the date the hearing is commenced. The timeframes set forth in this subsection are State Statutes 763 not jurisdictional. However, if a failure to meet such timeframes is attributable to the officer or agent, the owner is not required to pay the officer or agent for care of the animal during any period of delay caused by the officer or agent. A fee may not be charged for filing the petition. This subsection does not require court action for taking custody and properly disposing of stray or abandoned animals as lawfully performed by animal control agents. (3) The law enforcement officer, the animal control officer certified pursuant to s. 828.27, or the agent of any county or of any society or association for the prevention of cruelty to animals taking custody of an animal pursuant to this section shall have written notice served, at least 3 days before the hearing scheduled under subsection (2), upon the owner of the animal, if he or she is known and is residing in the county where the animal was taken, in accordance with chapter 48 relating to service of process. The sheriff of the county may not charge a fee for service of such notice. (4) (a) The law enforcement officer, the animal control officer certified pursuant to s. 828.27, or the agent of any county or of any society or association for the prevention of cruelty to animals taking custody of an animal pursuant to this section shall provide for the animal until either: 1. The owner is adjudged by the court to be able to adequately provide for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment by the owner for the care and provision for the animal while in the agent’s or officer’s custody; or 2. The animal is turned over to the officer or agent pursuant to paragraph (c) and humanely disposed of. (b) If the court determines that the owner is able to provide adequately for, and have custody of, the animal, the order shall provide that the animal in the possession of the officer or agent be claimed and removed by the owner within 7 days after the date of the order. (c) Upon the court’s judgment that the owner of the animal is unable or unfit to adequately provide for the animal: 1. The court may: a. Order that the current owner have no further custody of the animal and that the animal be sold by the sheriff at public auction or remanded to the custody of the Society for the Prevention of Cruelty to Animals, the Humane Society, the county, the municipality with animal control officers certified pursuant to s. 828.27, or any agency or person the judge deems appropriate to be disposed of as the agency or person sees fit; or b. Order that the animal be destroyed or remanded directly to the custody of the Society for the Prevention of Cruelty to Animals, the Humane Society, the county, the municipality with animal control officers certified pursuant to s. 828.27, or any agency or person the judge deems appropriate to be disposed of as the agency or person sees fit. 2. The court, upon proof of costs incurred by the officer or agent, may require that the owner pay for the care of the animal while in the custody of the officer or agent. A separate hearing may be held. 3. The court may order that other animals that are in the custody of the owner and that were not seized by the officer or agent be turned over to the officer or agent if the court determines that the owner is unable or unfit to adequately provide for the animals. The court may enjoin the owner’s further possession or custody of other animals. (5) In determining the person’s fitness to have custody of an animal, the court may consider, among other matters: (a) Testimony from the agent or officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal was kept. (b) Testimony and evidence as to the veterinary care provided to the animal. (c) Testimony and evidence as to the type and amount of care provided to the animal. (d) Expert testimony as to the community standards for proper and reasonable care of the same type of animal. (e) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody. (f) The owner’s past record of judgments pursuant to this chapter. (g) Convictions pursuant to applicable statutes prohibiting cruelty to animals. (h) Other evidence the court considers to be material or relevant. (6) If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he or she is able and fit to have custody of and adequately provide for the animal. (7) In any case in which an animal is offered State Statutes 764 for auction under this section, the proceeds shall be: (a) Applied, first, to the cost of the sale. (b) Applied, secondly, to the care of and provision for the animal by the law enforcement officer, the animal control officer certified pursuant to s. 828.27, or the agent of any county or of any society or association for the prevention of cruelty to animals taking custody. (c) Applied, thirdly, to the payment of the owner for the sale of the animal. (d) Paid over to the court if the owner is not known. 828.08 Penalty for exposing poison. Whoever leaves or deposits any poison or any substance containing poison, in any common street, alley, lane, or thoroughfare of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 828.12 Cruelty to animals. (1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both. (2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both. (a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program. (b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. (3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon. (4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals. (5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport shall be guilty of a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. The provisions of this subsection shall not apply when tripping is used: (a) To control a horse that is posing an immediate threat to other livestock or human beings; (b) For the purpose of identifying ownership of the horse when its ownership is unknown; or (c) For the purpose of administering veterinary care to the horse. 828.122 Fighting or baiting animals; offenses; penalties. (1) This act may be cited as "The Animal Fighting Act." (2) As used in this section, the term: (a) "Animal fighting" means fighting between roosters or other birds or between dogs, bears, or other animals. (b) "Baiting" means to attack with violence, State Statutes 765 to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, "baiting" means the use of live animals in the training of racing greyhounds. (c) "Person" means every natural person, firm, copartnership, association, or corporation. (3) Any person who knowingly commits any of the following acts commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084: (a)Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting; (b) Owning, possessing, or selling equipment for use in any activity described in paragraph (a); (c) Owning, leasing, managing, operating, or having control of any property kept or used for any activity described in paragraph (a) or paragraph (b); (d) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals; (e) Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting; (f) Removing or facilitating the removal of any animal impounded under this section from an agency where the animal is impounded or from a location designated by the court under subsection (4), subsection (5), or subsection (7), without the prior authorization of the court; (g) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or (h) Attending the fighting or baiting of animals. Notwithstanding any provision of this subsection to the contrary, possession of the animal alone does not constitute a violation of this section. (4) If a court finds probable cause to believe that a violation of this section or s. 828.12 has occurred, the court shall order the seizure of any animals and equipment used in committing the violation and shall provide for appropriate and humane care or disposition of the animals. This subsection is not a limitation on the power to seize animals as evidence at the time of arrest. (5) If an animal shelter or other location is unavailable, a court may order the animal to be impounded on the property of its owner or possessor and shall order such person to provide all necessary care for the animal and to allow regular inspections of the animal by a person designated by the court. (6) If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under s. 828.073(2), final disposition of the criminal charges, or court-ordered forfeiture, the veterinarian may euthanize the animal as specified in s. 828.058. A veterinarian licensed to practice in this state shall be held harmless from criminal or civil liability for any decisions made or services rendered under this subsection. (7) If an animal can be housed in a humane manner, the provisions of s. 828.073 shall apply. For the purpose of a hearing provided pursuant to s. 828.073(2), any animal baited, bred, trained, transported, sold, owned, possessed, or used for the purpose of animal fighting or baiting shall be considered mistreated. (8) In addition to other penalties prescribed by law, the court may issue an order prohibiting a person who is convicted of a violation of this section from owning, possessing, keeping, harboring, or having custody or control over any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting, for a period of time determined by the court. (9) This section shall not apply to: (a) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided s. 828.12 is not violated. (b) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Fish and Wildlife Conservation Commission. (c) Any person using animals to work livestock for agricultural purposes. (d) Any person violating s. 828.121. (e) Any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to customary hunting or agricultural practices. (10) This section shall not prohibit, impede, State Statutes 766 or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law. 828.125 Killing or aggravated abuse of horses or cattle; offenses; penalties. Any other provisions of this chapter to the contrary notwithstanding: (1) Any person who willfully and unlawfully, by any means whatsoever, kills, maims, mutilates, or causes great bodily harm or permanent breeding disability to any animal of the genus Equus (horse) or any animal of any registered breed or recognized registered hybrid of the genus Bos (cattle) commits a felony of the second degree, punishable as provided by s. 775.082, s. 775.083, or s. 775.084, except that any person who commits a violation of this subsection shall be sentenced to a minimum mandatory fine of $3,500 and a minimum mandatory period of incarceration of 1 year. (2) Any person who individually attempts or solicits, or jointly agrees, conspires, combines, or confederates with another person to commit, any act prohibited by subsection (1) and does an act in furtherance of said attempt, solicitation, or conspiracy shall be guilty of a felony of the second degree and is punishable as if the person or persons had actually committed such prohibited act as enumerated in subsection (1), notwithstanding any provisions found in s. 777.04. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1). (3) Any person who verbally or in writing threatens to commit any act prohibited by subsection (1) and has the apparent ability to carry out such threat and places the owner or custodian of said animal in fear that such an act as described in subsection (1) is about to take place shall be guilty of a felony of the third degree, punishable as provided by s. 775.082, s. 775.083 or s. 775.084. (4) In addition to any other fines or penalties authorized by law, a person found guilty of violating any provision of subsection (1), subsection (2), or subsection (3) may be ordered by the court to make restitution to the aggrieved party in an amount not to exceed twice the gross fair market value of the said Equus or Bos killed or abused in an aggravated manner, or up to twice the gross loss caused, whichever is greater, plus attorney’s fees and any and all related costs. Upon notice the court shall hold a hearing to determine the amount of fines, restitution, or costs to be imposed under this section, if not agreed upon by the parties. (5) This section shall not be construed to abridge, impede, prohibit, or otherwise interfere in any way with the application, implementation, or conduct of recognized livestock husbandry practices or techniques by or at the direction of the owner of the livestock so husbanded; nor shall any person be held culpable for any act prohibited by this chapter which results from weather conditions or other acts of God, providing that the person is in compliance with recognized livestock husbandry practices. 828.126Sexual activities involving animals. (1) As used in this section, the term: (a) “Sexual conduct” means any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person. (b) “Sexual contact” means any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, or any penetration, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal, for the purpose of sexual gratification or sexual arousal of the person. (2) A person may not: (a) Knowingly engage in any sexual conduct or sexual contact with an animal; (b) Knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual contact with an animal; (c) Knowingly permit any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control; or (d) Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an observer, or perform any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose. (3) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. State Statutes 767 775.083. (4) This section does not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medical practices. 828.13 Confinement of animals without sufficient food, water, or exercise; abandonment of animals. (1) As used in this section: (a) "Abandon" means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner. (b) "Owner" includes any owner, custodian, or other person in charge of an animal. (2) Whoever: (a) Impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water, (b) Keeps any animals in any enclosure without wholesome exercise and change of air, or (c) Abandons to die any animal that is maimed, sick, infirm, or diseased, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine. (3) Any person who is the owner or possessor, or has charge or custody, of any animal who abandons such animal to suffer injury or malnutrition or abandons any animal in a street, road, or public place without providing for the care, sustenance, protection, and shelter of such animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine. 828.16 Contagious diseases. Whoever, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, sells, barters, or disposes of such animal without first disclosing to the person to whom the same is sold, bartered, or disposed of, that such animal is so diseased, or has been exposed, as aforesaid, or knowingly permits such animal to run at large, or knowing such animal to be diseased as aforesaid, knowingly allows the same to come into contact with any such animal of another person without his or her knowledge or permission, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 828.17 Officer to arrest without warrant. Any sheriff or any other peace officer of the state, or any police officer of any city or town of the state, shall arrest without warrant any person found violating any of the provisions of ss. 828.08, 828.12, and 828.13 - 828.16, and the officer making the arrest shall hold the offender until a warrant can be procured, and he or she shall use proper diligence to procure such warrant. 831.01 Forgery. Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate, return or attestation of any clerk or register of a court, public register, notary public, town clerk or any public officer, in relation to a matter wherein such certificate, return or attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange or promissory note, or an order, acquittance, or discharge for money or other property, or an acceptance of a bill of exchange or promissory note for the payment of money, or any receipt for money, goods or other property, or any passage ticket, pass or other evidence of transportation issued by a common carrier, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 831.02 Uttering forged instruments. Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 831.03 Forging or counterfeiting private labels; definitions. As used in ss. 831.03-831.034, the term: (1) "Bodily injury" means: (a) A cut, abrasion, bruise, burn, or disfigurement; (b) Physical pain; (c) Illness; (d) Impairment of the function of a bodily State Statutes 768 member, organ, or mental faculty; or (e) Any other injury to the body, no matter how temporary. (2) "Culpable negligence" means reckless disregard of human life or safety and consciously doing an act or following a course of conduct that the actor knew, or reasonably should have known, was likely to cause bodily injury. (3) "Forged or counterfeit trademark or service mark" refers to a mark: (a) That is applied to or used in connection with any goods, services, labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any goods or services; (b) That is identical with or an imitation of a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office or the trademark register for the State of Florida or any other state, or protected by the Amateur Sports Act of 1978, 36 U.S.C. s. 380, whether or not the offender knew such mark was so registered or protected; (c) The use of which is unauthorized by the owner of the registered mark; and (d) The application or use of which is either likely to cause confusion, to cause mistake, or to deceive or is otherwise intended to be used on or in connection with the goods or services for which the mark is registered. An otherwise legitimate mark is deemed counterfeit for purposes of this definition if, by altering the nature of any item to which it is affixed, the altered item bearing the otherwise legitimate mark is likely, in the course of commerce, to cause confusion, to cause mistake, or to deceive. (4) "Retail value" means: (a) The counterfeiter's regular selling price for the goods or services, unless the goods or services bearing a counterfeit mark would appear to a reasonably prudent person to be authentic, then the retail value shall be the price of the authentic counterpart; or, if no authentic reasonably similar counterpart exists, then the retail value shall remain the counterfeiter's regular selling price. (b) In the case of labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any goods or services, the retail value shall be treated as if each component was a finished good and valued as described in paragraph (a). (5) "Serious bodily injury" means bodily injury that involves: (a) A substantial risk of death; (b) Extreme physical pain; (c) Protracted and obvious disfigurement; or (d) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Editors Note: Review FSS 812.031, 812.032, & 812.033 for additional details. 831.05 Vending goods or services with counterfeit trademarks or service marks. (1) Whoever knowingly sells or offers for sale, or knowingly purchases and keeps or has in his or her possession, with intent that the same shall be sold or disposed, or vends any goods having thereon a forged or counterfeit trademark, or who knowingly sells or offers for sale any service which service is sold in conjunction with a forged or counterfeit service mark, of any person, entity, or association, knowing the same to be forged or counterfeited, shall be guilty of the crime of selling or offering for sale counterfeit goods or services, punishable as follows: (a) If the goods or services which the offender sells, or offers for sale, have a retail sale value of $1,000 or more, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the goods or services which the offender sells, or offers for sale, have a retail sale value of less than $1,000, the offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) All defenses, affirmative defenses, and limitations on remedies that would be applicable in an action under the Lanham Act, 15 U.S.C. ss. 1051 et seq., or to an action under s. 495.131, shall be applicable in a prosecution under this section. (3) The terms "forged or counterfeit trademark" or "forged or counterfeit service mark" refer to a mark: (a) That is identical with or an imitation of a mark registered for those goods or services on the principal register in the United States Patent and Trademark Office State Statutes 769 or the trademark register for the State of Florida or any other state, or protected by the Amateur Sports Act of 1978, 36 U.S.C. s. 380, whether or not the offender knew such mark was so registered or protected; and (b) The use of which is unauthorized by the owner of the mark. (4) (a) Any goods to which the forged or counterfeit trademarks or service marks are attached or affixed may be seized by any law enforcement officer and shall be destroyed upon the written consent of the offender or by judicial determination that the seized goods have attached or affixed to them a forged or counterfeit trademark or service mark, unless the owner of the registered or protected trademark or service mark which has been forged or counterfeited approves a different disposition. The owner of the registered or protected trademark shall be responsible for the actual costs incurred in the disposition of said forged or counterfeited goods. (b) Any personal property, including, but not limited to, any item, object, tool, machine, or vehicle of any kind, employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, the crime of selling or offering for sale counterfeit goods or services, as proscribed by paragraphs (1)(a)-(b), and not otherwise included in paragraph (a), may be seized and is subject to forfeiture pursuant to ss. 932.701-932.704. (5) No owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of subsection (1) occurs shall be subject to criminal penalty under this section unless he or she is proven to have actual knowledge that the mark is counterfeit and is either a principal to the offense or an accessory after the fact. The above shall not be deemed to create, delete, or in any way affect any civil claim which may exist against such person. 831.08 Possessing certain forged notes, bills, checks, or drafts. Whoever has in his or her possession 10 or more similar false, altered, forged, or counterfeit notes, bills of credit, bank bills, checks, drafts, or notes, such as are mentioned in any of the preceding sections of this chapter, payable to the bearer thereof or to the order of any person, knowing the same to be false, altered, forged, or counterfeit, with intent to utter and pass the same as true, and thereby to injure or defraud any person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 831.09 Uttering forged bills, checks, drafts, or notes. Whoever utters or passes or tenders in payment as true, any such false, altered, forged, or counterfeit note, or any bank bill, check, draft, or promissory note, payable to the bearer thereof or to the order of any person, issued as aforesaid, knowing the same to be false, altered, forged, or counterfeit, with intent to injure or defraud any person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 831.29 Making or having instruments and material for counterfeiting driver's licenses or identification cards. Any person who has control, custody, or possession of any plate, block, press, stone, or other tool, instrument, or implement, or any part thereof; engraves, makes, or amends, or begins to engrave, make, or amend, any plate, block, press, stone, or other tool, instrument, or implement; brings into the state any such plate, block, press, stone, or other tool, instrument, or implement, or any part thereof, in the similitude of the driver's licenses or identification cards issued by the Department of Highway Safety and Motor Vehicles or its duly authorized agents or those of any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle or that issues identification cards recognized in this state for the purpose of indicating a person's true name and age; has control, custody, or possession of or makes or provides any paper or other material adapted and designed for the making of a false and counterfeit driver's license or identification card purporting to be issued by the Department of Highway Safety and Motor Vehicles or its duly authorized agents or those of any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle or that issues identification cards recognized in this state for the purpose of indicating a person's true name and age; has in his or her possession, control, or custody any such plate or block engraved in any part, or any press or other tool or instrument or any paper or other material adapted and designed as aforesaid with intent to sell, issue, publish, pass, or utter the same or to cause or permit the State Statutes 770 same to be used in forging or making any such false or counterfeit driver's license or identification card; or prints, photographs, or in any manner makes or executes any engraved photograph, print, or impression by any process whatsoever in the similitude of any such licenses or identification cards with the intent to sell, issue, publish, or utter the same or to cause or permit the same to be used in forging or making any such false and counterfeit driver's license or identification card of this state or any state or jurisdiction that issues licenses recognized in this state for the operation of a motor vehicle or that issues identification cards recognized in this state for the purpose of indicating a person's true name and age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 831.30 Medicinal drugs; fraud in obtaining. Whoever: (1) Falsely makes, alters, or forges any prescription, as defined in s. 465.003, for a medicinal drug other than a drug controlled by chapter 893; (2) Knowingly causes such prescription to be falsely made, altered, forged, or counterfeited; or (3) Passes, utters, or publishes such prescription or otherwise knowingly holds out such false or forged prescription as true with intent to obtain such drug commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver. (1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to: (a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A controlled substance named or described in s. 893.03(5) i s g u i l t y o f a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) For purposes of this section, “counterfeit controlled substance” means: (a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or (b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03. 831.311 Unlawful sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances. (1) It is unlawful for any person having the intent to injure or defraud any person or to facilitate any violation of s. 893.13 to sell, manufacture, alter, deliver, utter, or possess with intent to injure or defraud any person, or to facilitate any violation of s. 893.13, any counterfeit-resistant prescription blanks for controlled substances, the form and content of which are adopted by rule of the Department of Health pursuant to s. 893.065. (2) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 832.041 Stopping payment with intent to defraud. (1) Whoever, with intent to defraud any person shall, in person or by agent, make, draw, utter, deliver, or give any check, draft, or written order for the payment of money upon any bank, person, or corporation and secure from such person goods or services for or on account of such check, draft, or written order, whether such goods or services are valued at the amount of such check, draft, or written order or at a greater or lesser value, and who shall, pursuant to and in furtherance of such intent to defraud, stop payment on such check, draft, or written order, shall be deemed to be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the value of the goods or services secured for or on account of such check, draft, or written order is $150 or State Statutes 771 more; and if the value of the goods or services secured for or on account of such check, draft, or written order is less than $150, he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) This section shall be taken to be cumulative and shall not be construed to repeal any other statute now in effect. 832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form. (1) PURPOSE. The purpose of this section is to remedy the evil of giving checks, drafts, bills of exchange, debit card orders, and other orders on banks without first providing funds in or credit with the depositories on which the same are made or drawn to pay and satisfy the same, which tends to create the circulation of worthless checks, drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check kiting, and a mischief to trade and commerce. (2) WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY. (a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check. (b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY. (a) It is unlawful for any person, by act or common scheme, to cash or deposit any item, as defined in s. 674.104(1)(i), in any bank or depository with intent to defraud. (b) A violation of the provisions of this subsection constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY. (a) It is unlawful for any person, firm, or corporation to obtain any services, goods, wares, or other things of value by means of a check, draft, or other written order upon any bank, person, firm, or corporation, knowing at the time of the making, drawing, uttering, issuing, or delivering of such check or draft that the maker thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same upon presentation. However, no crime may be charged in respect to the giving of any such check or draft or other written order when the payee knows, has been expressly notified, or has reason to believe that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment thereof. A payee does not have reason to believe a payor does not have sufficient funds to ensure payment of a check solely because the payor has previously issued a worthless check to him or her. (b) It is unlawful for any person to use a debit card to obtain money, goods, services, or anything else of value knowing at the time of such use that he or she does not have sufficient funds on deposit with which to pay for the same or that the value thereof exceeds the amount of credit which is available to him or her through an overdraft financing agreement or prearranged line of credit which is accessible by the use of the card. (c) A violation of the provisions of this subsection, if the check, draft, other written order, or debit card order is for an amount less than $150 or its equivalent, constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A violation of the provisions of this subsection, if the check, draft, other written State Statutes 772 order, or debit card order is in the amount of $150, or its equivalent, or more, constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) PAYMENT NO DEFENSE. Payment of a dishonored check, draft, bill of exchange, or other order does not constitute a defense or ground for dismissal of charges brought under this section. (6) "CREDIT," "DEBIT CARD" DEFINED. (a) The word "credit" as used herein shall be construed to mean an arrangement or understanding with the drawee for the payment of such check, draft, or other written order. (b) As used in this section, the term "debit card" means a card, code, or other device, other than a check, draft, or similar paper instrument, by the use of which a person may order, instruct, or authorize a financial institution to debit a demand deposit, savings deposit, or other asset account. (7) REASON FOR DISHONOR, DUTY OF DRAWEE. It is the duty of the drawee of any check, draft, or other written order, before refusing to pay the same to the holder thereof upon presentation, to cause to be written, printed, or stamped in plain language thereon or attached thereto the reason for the drawee's dishonor or refusal to pay it. In any prosecution under this section, the introduction in evidence of any unpaid and dishonored check, draft, or other written order having the drawee's refusal to pay stamped or written thereon or attached thereto, with the reason therefor as aforesaid, is prima facie evidence of the making or uttering of such check, draft, or other written order, of the due presentation to the drawee for payment and the dishonor thereof, and that the same was properly dishonored for the reasons written, stamped, or attached by the drawee on such dishonored check, draft, or other written order. As against the maker or drawer thereof, the withdrawing from deposit with the drawee named in the check, draft, or other written order of the funds on deposit with such drawee necessary to ensure payment of such check, draft, or other written order upon presentation within a reasonable time after negotiation or the drawing, making, uttering, or delivering of a check, draft, or written order, payment of which is refused by the drawee, is prima facie evidence of knowledge of insufficient funds in or credit with such drawee. However, if it is determined at the trial in a prosecution hereunder that the payee of any such check, draft, or written order, at the time of accepting such check, draft, or written order, had knowledge of or reason to believe that the drawer of such check, draft, or other written order did not have sufficient funds on deposit in or credit with such drawee, then the payee instituting such criminal prosecution shall be assessed all costs of court incurred in connection with such prosecution. (8) COSTS. When a prosecution is initiated under this section before any committing trial court judge, the party applying for the warrant shall be held liable for costs accruing in the event the case is dismissed for want of prosecution. No costs shall be charged to the county in such dismissed cases. (9) STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT. The state attorneys of Florida shall collectively promulgate a single form to be used in all judicial circuits by persons reporting a violation of this chapter. (10) CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS. For the purposes of construction of this section, a payee or holder does not have knowledge, express notification, or reason to believe that the maker or drawer has insufficient funds to ensure payment of a check, draft, or debit card solely because the maker or drawer has previously drawn or issued a worthless check, draft, or debit card order to the payee or holder. 832.075 Requiring credit card information for check or draft acceptance prohibited. (1) No person shall require, as a condition of acceptance of a check or share draft or as a means of identification, that the person presenting the check or draft provide a credit card number or credit card expiration date. (2) Recording a credit card number or expiration date in connection with the sale of goods or services in which the purchaser pays by check or share draft, or in connection with the acceptance of a check or share draft, is a noncriminal violation as defined pursuant to s. 775.08 punishable by a fine of $250 for the first violation and $1,000 for the second or subsequent violation in accordance with the provisions of s. 775.083. (3) This section shall not prohibit a person from requesting a purchaser to display a State Statutes 773 credit card as indicia of credit worthiness and financial responsibility or as additional identification, but the only information concerning a credit card which may be recorded is the type of credit card so displayed and the issuer of the credit card. This section does not require acceptance of a check or share draft whether or not a credit card is presented. (4) This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date, or both, in lieu of a deposit to secure payment in the event of default, loss, damage, or other occurrence. (5) This section does not prohibit a credit card issuer or a subsidiary of the issuer of a credit card from requesting or receiving a credit card number or expiration date and recording the number or date, or both, for the purpose of establishing identity pursuant to s. 832.07(2). (6) This section does not prohibit a person from recording a credit card number or expiration date as a condition for cashing a check where that person has agreed with the card issuer to cash checks as a service to the card issuer's cardholders and the card issuer has agreed to guarantee cardholder checks cashed by that person. 836.01 Punishment for libel. Any person convicted of the publication of a libel shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 836.03 Owner or editor of the paper also guilty. Any owner, manager, publisher or editor of any newspaper or other publication who permits any anonymous communication or communications such as is signed otherwise than with the true name of the writer, and such name published therewith to appear in the columns of the publication in which said communication any person is attacked in his or her good name, or it is attempted to bring disgrace or ridicule upon any person, such owner, manager, publisher or editor shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 836.05 Threats; extortion. Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 836.07 Notice condition precedent to prosecution for libel. Before any criminal action is brought for publication, in a newspaper periodical, of a libel, the prosecutor shall at least 5 days before instituting such action serve notice in writing on defendant, specifying the article and the statements therein which he or she alleges to be false and defamatory. 836.09 Communicating libelous matter to newspapers; penalty. If any person shall state, deliver, or transmit by any means whatever, to the manager, editor, publisher or reporter of any newspaper or periodical for publication therein any false and libelous statement concerning any person, then and there known by such person to be false or libelous, and thereby secure the publication of the same he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 836.10 Written threats to kill or do bodily injury; punishment. Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 836.11 Publications which tend to expose persons to hatred, contempt, or ridicule prohibited (1) It shall be unlawful to print, publish, distribute or cause to be printed, published State Statutes 774 or distributed by any means, or in any manner whatsoever, any publication, handbill, dodger, circular, booklet, pamphlet, leaflet, card, sticker, periodical, literature, paper or other printed material which tends to expose any individual or any religious group to hatred, contempt, ridicule or obloquy unless the following is clearly printed or written thereon: (a) The true name and post-office address of the person, firm, partnership, corporation or organization causing the same to be printed, published or distributed; and, (b) If such name is that of a firm, corporation or organization, the name and post-office address of the individual acting in its behalf in causing such printing, publication or distribution. (2) Any person, firm or corporation violating any of the sections of this statute shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 836.12 Threats. (1) As used in this section, the term: (a) “Family member” means: 1. An individual related to another individual by blood or marriage; or 2. An individual who stands in loco parentis to another individual. (b) “Law enforcement officer” means: 1. A law enforcement officer as defined in s. 943.10; or 2. A federal law enforcement officer as defined in s. 901.1505. (2) Any person who threatens a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, or an elected official, or a family member of such persons, with death or serious bodily harm commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 837.011 Definitions. In this chapter, unless a different meaning plainly is required: (1) "Official proceeding" means a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding. (2) "Oath" includes affirmation or any other form of attestation required or authorized by law by which a person acknowledges that he or she is bound in conscience or law to testify truthfully in an official proceeding or other official matter. (3) "Material matter" means any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Whether a matter is material in a given factual situation is a question of law. 837.012 Perjury when not in an official proceeding. (1) Whoever makes a false statement, which he or she does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his or her statement was not material is not a defense. 837.02 Perjury in official proceedings. (1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant's mistaken belief that the statement was not material is not a defense. 837.021 Perjury by contradictory statements. (1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 775 (2) Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) In any prosecution for perjury under this section: (a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false. (b) The question of whether a statement was material is a question of law to be determined by the court. (c) It is not necessary to prove which, if any, of the contradictory statements is not true. (d) It is a defense that the accused believed each statement to be true at the time the statement was made. (4) A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury. 837.05 False reports to law enforcement authorities. (1) (a) Except as provided in paragraph (b) or subsection (2), a person who knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A person who commits a violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has previously been convicted of a violation of paragraph (a) and subparagraph 1. or subparagraph 2. applies: 1. The information the person gave to the law enforcement officer was communicated orally and the officer’s account of that information is corroborated by: a. An audio recording or audio recording in a video of that information; b. A written or recorded statement made by the person who gave that information; or c. Another person who was present when that person gave that information to the officer and heard that information. 2. The information the person gave to the law enforcement officer was communicated in writing. (2) A person who knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 837.055 False information to law enforcement during investigation. (1) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 837.06 False official statements. Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 838.014 Definitions. As used in this chapter, the term: (1) “Benefit” means gain or advantage, or anything regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law. State Statutes 776 (2) “Bid” includes a response to an “invitation to bid,” “invitation to negotiate,” “request for a quote,” or “request for proposals” as those terms are defined in s. 287.012. (3) “Commodity” means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale. (4) “Governmental entity” means an agency or entity of the state, a county, municipality, or special district or any other public entity created or authorized by law. (5) “Harm” means pecuniary or other loss, disadvantage, or injury to the person affected. (6) “Public contractor” means, for purposes of ss. 838.022 and 838.22 only: (a) Any person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity; or (b) Any officer or employee of a person, as defined in s. 1.01(3), who has entered into a contract with a governmental entity. (7) “Public servant” means: (a) Any officer or employee of a governmental entity, including any executive, legislative, or judicial branch officer or employee; (b) Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function; or (c) A candidate for election or appointment to any of the officer positions listed in this subsection, or an individual who has been elected to, but has yet to officially assume the responsibilities of, public office. (8) “Service” means any kind of activity performed in whole or in part for economic benefit. 838.015 Bribery. (1) “Bribery” means to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty. (2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the public servant had assumed office, that the matter was properly pending before him or her or might by law properly be brought before him or her, that the public servant possessed jurisdiction over the matter, or that his or her official action was necessary to achieve the person’s purpose. (3) Any person who commits bribery commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.016 Unlawful compensation or reward for official behavior. (1) It is unlawful for any person to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. This section does not preclude a public servant from accepting rewards for services performed in apprehending any criminal. (2) It is unlawful for any person to knowingly and intentionally give, offer, or promise to any public servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty. (3) Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or performance of a public duty, for which a pecuniary or other benefit was given, offered, promised, requested, or solicited was accomplished or was within the influence, official discretion, or public State Statutes 777 duty of the public servant whose action or omission was sought to be rewarded or compensated. (4) Whoever violates the provisions of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.021 Corruption by threat against public servant. (1) It is unlawful to harm or threaten to harm any public servant, his or her immediate family, or any other person with whose welfare the public servant is interested with the intent to: (a) Influence the performance of any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. (b) Cause or induce the public servant to use or exert, or procure the use or exertion of, any influence upon or with any other public servant regarding any act or omission that the person believes to be, or that the public servant represents as being, within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. (2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influenced was qualified to act in the desired way, that the public servant had assumed office, that the matter was properly pending before him or her or might by law properly be brought before him or her, that the public servant possessed jurisdiction over the matter, or that his or her official action was necessary to achieve the person’s purpose. (3) (a) Whoever unlawfully harms any public servant or any other person with whose welfare the public servant is interested shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Whoever threatens unlawful harm to any public servant or to any other person with whose welfare the public servant is interested shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.022 Official misconduct. (1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by: (a) Falsifying, or causing another person to falsify, any official record or official document; (b) Concealing, covering up, destroying, mutilating, or altering any official record or official document, except as authorized by law or contract, or causing another person to perform such an act; or (c) Obstructing, delaying, or preventing the communication of information relating to the commission of a felony that directly involves or affects the government entity served by the public servant or public contractor. (2) For the purposes of this section: (a) The term “public servant” does not include a candidate who does not otherwise qualify as a public servant. (b) An official record or official document includes only public records. (3) Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.12 Bribery in athletic contests. (1) Whoever gives, promises, offers or conspires to give, promise or offer, to anyone who participates or expects to participate in any professional or amateur game, contest, match, race or sport; or to any umpire, referee, judge or other official of such game, contest, match, race or sport; or to any owner, manager, coach or trainer of, or to any relative of, or to any person having any direct, indirect, remote or possible connection with, any team, individual, participant or prospective participant in any such professional or amateur game, contest, match, race or sport, or the officials aforesaid, any bribe, money, goods, present, reward or any valuable thing whatsoever, or any promise, contract or agreement whatsoever, with intent to influence him or her or them to lose or cause to be lost any game, contest, match, race or sport, or to limit his or her or their or any person's or any team's margin of victory in any game, contest, match, race, or sport, or to fix or throw any game, contest, match, race or sport, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any participant or prospective participant in any professional or amateur game, contest, match, race or sport; or any umpire, referee, judge or other official of such game, contest, match, race or sport; or any owner, State Statutes 778 manager, coach or trainer of, or any relative of, or any person having any direct, indirect, remote or possible connection with, any team, individual, participant or prospective participant in any such professional or amateur game, contest, match, race or sport, or the officials aforesaid; who in any way solicits, receives or accepts, or agrees to receive or accept, or who conspires to receive or accept, any bribe, money, goods, present, reward or any valuable thing whatsoever, or any promise, contract or agreement whatsoever, with intent to lose or cause to be lost any game, contest, match, race or sport, or to limit his, her, their or any person's or any team's margin of victory in any game, contest, match, race or sport, or to fix or throw any game, contest, match, race or sport, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.15 Commercial bribe receiving. (1) A person commits the crime of commercial bribe receiving if the person solicits, accepts, or agrees to accept a benefit with intent to violate a statutory or common-law duty to which that person is subject as: (a) An agent or employee of another; (b) A trustee, guardian, or other fiduciary; (c) A lawyer, physician, accountant, appraiser, or other professional adviser; (d) An officer, director, partner, manager, or other participant in the direction of the affairs of an organization; or (e) An arbitrator or other purportedly disinterested adjudicator or referee. (2) Commercial bribe receiving is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.16 Commercial bribery. (1) A person commits the crime of commercial bribery if, knowing that another is subject to a duty described in s. 838.15(1) and with intent to influence the other person to violate that duty, the person confers, offers to confer, or agrees to confer a benefit on the other. (2) Commercial bribery is a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.21 Disclosure or use of confidential criminal justice information. It is unlawful for a public servant, with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, to disclose active criminal investigative or intelligence information as defined in chapter 119 or to disclose or use information regarding either the efforts to secure or the issuance of a warrant, subpoena, or other court process or court order relating to a criminal investigation or criminal prosecution when such information is not available to the general public and is gained by reason of the public servant's official position. Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.22 Bid tampering (1) It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally influence or attempt to influence the competitive solicitation undertaken by any governmental entity for the procurement of commodities or services, by: (a) Disclosing, except as authorized by law, material information concerning a vendor’s response, any evaluation results, or other aspects of the competitive solicitation when such information is not publicly disclosed. (b) Altering or amending a submitted response, documents or other materials supporting a submitted response, or any evaluation results relating to the competitive solicitation for the purpose of intentionally providing a competitive advantage to any person who submits a response. (2) It is unlawful for a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another by circumventing a competitive solicitation process required by law or rule through the use of a sole-source contract for commodities or services. (3) It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant or a public contractor who has contracted with a governmental entity to assist in a competitive procurement to violate subsection (1) or subsection (2). (4) It is unlawful for any person to knowingly enter into a contract for commodities or services which was secured by a public servant or a public contractor who has State Statutes 779 contracted with a governmental entity to assist in a competitive procurement acting in violation of subsection (1) or subsection (2). (5) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 839.13 Falsifying records (1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) (a) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards an official record relating to an individual in the care and custody of a state agency, which act has the potential to detrimentally affect the health, safety, or welfare of that individual, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term “care and custody” includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415. (b) Any person who commits a violation of paragraph (a) which contributes to great bodily harm to or the death of an individual in the care and custody of a state agency commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term “care and custody” includes, but is not limited to, a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415. (c) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards records of the Department of Children and Families or its contract provider with the intent to conceal a fact material to a child abuse protective investigation, protective supervision, foster care and related services, or a protective investigation or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Nothing in this paragraph prohibits prosecution for a violation of paragraph (a) or paragraph (b) involving records described in this paragraph. (d) This section does not prohibit the disposing or archiving of records as otherwise provided by law. In addition, this section does not prohibit any person from correcting or updating records. (3) In any prosecution under this section, it shall not be necessary to prove the ownership or value of any paper or instrument involved. 839.19 Failure to execute process generally. Any sheriff or other officer authorized to execute process, who willfully or corruptly refuses or neglects to execute and return, according to law, any process delivered to him or her, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 839.21 Refusal to receive prisoner. Any jailer or other officer, who willfully refuses to receive into the jail or into her or his custody a prisoner lawfully directed to be committed thereto on a criminal charge or conviction, or any lawful process whatever, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 839.24 Penalty for failure to perform duty required of officer. A sheriff, county court judge, prosecuting officer, court reporter, State Statutes 780 stenographer, interpreter, or other officer required to perform any duty under the criminal procedure law who willfully fails to perform his or her duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 839.26 Misuse of confidential information. Any public servant who, in contemplation of official action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his official capacity and which has not been made public, commits any of the following acts: (1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benefit which may be affected by such information or official action; (2) Speculation or wagering on the basis of such information or action; or (3) Aiding another to do any of the foregoing, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.01 Resisting officer with violence to his or her person. Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 843.02 Resisting officer without violence to his or her person. Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.021 Unlawful possession of a concealed handcuff key. (1) As used in this section, the term: (a) "In custody" means any time while a person has been placed in handcuffs by a law enforcement officer, regardless of whether such person is under formal arrest. (b) "Handcuff key" means any key, tool, device, implement, or other thing used, designed, or intended to aid in unlocking or removing handcuffs. (c) "Concealed handcuff key" means any handcuff key carried by a person in a manner that indicates an intent to prevent discovery of the key by a law enforcement officer, including, but not limited to, a handcuff key carried: 1. In a pocket of a piece of clothing of a person, and unconnected to any key ring; 2. On a necklace of a person; 3. On the body part of a person or on any item of clothing of such person, when the handcuff key is secured on the body part or item of clothing by use of tape, glue, line, or other material; 4. In or within any compartment, seam, fold, or other encasement within any item of clothing, belt, shoe, or jewelry of a person; 5. In or within any sock, hose, shoe, belt, undergarment, glove, hat, or similar item of clothing or accessory of a person; 6. By a person and disguised as jewelry or other object; or 7. In or within any body cavity of a person. (2) Any person who possesses a concealed handcuff key commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) It is a defense to a charge of violating this section that, immediately upon being placed in custody, the person in custody actually and effectively disclosed to the law enforcement officer that he or she was in possession of a concealed handcuff key. (4) (a) It is a defense to a charge of violating this section that the person in custody and in possession of a concealed handcuff key is: State Statutes 781 1. A federal, state, or local law enforcement officer, including a reserve or auxiliary officer, a licensed security officer, or a private investigator as defined in s. 493.6101; or 2. A professional bail bond agent, temporary bail bond agent, runner, or limited surety agent as defined in s. 648.25. (b) However, the defense is not available to any officer, investigator, agent, or runner listed in this subsection if the officer, investigator, agent, or runner, immediately upon being placed in custody, fails to actually and effectively disclose possession of the concealed handcuff key. 843.025 Depriving officer of means of protection or communication. It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means to defend herself or himself or summon assistance. Any person who violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 843.03 Obstruction by disguised person. Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the intent to intimidate, hinder, or interrupt any officer, beverage enforcement agent, or other person in the legal performance of his or her duty or the exercise of his or her rights under the constitution or laws of this state, whether such intent is effected or not, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.04 Refusing to assist prison officers in arresting escaped convicts. (1) All prison officers and correctional officers shall immediately arrest any convict, held under the provisions of law, who may have escaped. Any such officer or guard may call upon the sheriff or other officer of the state, or of any county or municipal corporation, or any citizen, to make search and arrest such convict. (2) Any officer or citizen refusing to assist shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.06 Neglect or refusal to aid peace officers. Whoever, being required in the name of the state by any officer of the Florida Highway Patrol, police officer, beverage enforcement agent, or watchman, neglects or refuses to assist him or her in the execution of his or her office in a criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, or in case of the rescue or escape of a person arrested upon civil process, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 843.08 False personation. A person who falsely assumes or pretends to be a firefighter, sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, fire or arson investigator of the Department of Financial Services, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Florida Commission on Offender Review and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. However, a person who falsely personates any such officer during the course of the commission of a felony commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the commission of the felony results in the death or personal injury of another human being, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term “watchman” means a security officer licensed under chapter 493. 843.081 Prohibited use of certain lights; State Statutes 782 penalty. (1) The Legislature finds and declares that Florida's citizens are vulnerable to becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements. It is the intent of the Legislature to reduce this vulnerability to injury and loss of life and property by prohibiting the use of certain blue lights by any person other than an authorized law enforcement officer. (2) It is unlawful for a person to use in or on any non-governmentally owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the Governor pursuant to chapter 354. (3) The provisions of this section shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment. (4) For the purposes of this section, the term “flashing or rotating blue light" includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use. (5) Any person who violates any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.085 Unlawful use of police badges or other indicia of authority. (1) It is unlawful for any person, unless appointed by the Governor pursuant to chapter 354, authorized by the appropriate agency, or displayed in a closed or mounted case as a collection or exhibit, to wear or display any authorized indicia of authority, including any badge, insignia, emblem, identification card, or uniform, or any colorable imitation thereof, of any federal, state, county, or municipal law enforcement agency, or other criminal justice agency as defined in s. 943.045, with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to display or wear such item, or to wear or display any item that displays in any manner or combination the word or words “police,” “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Marine Patrol Officer,” “state attorney,” “public defender,” “marshal,” “constable,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to wear or display such item. (2) It is unlawful for a person to own or operate a motor vehicle marked or identified in any manner or combination by the word or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Marine Patrol Officer,” “marshal,” “constable,” “bailiff,” or “fire department,” or by any lettering, marking, or insignia, or colorable imitation thereof, including, but not limited to, stars, badges, or shields, officially used to identify the vehicle as a federal, state, county, or municipal law enforcement vehicle or a vehicle used by a criminal justice agency as defined in s. 943.045, or a vehicle used by a fire department with the intent to mislead or cause another person to believe that such vehicle is an official vehicle of that agency and is authorized to be used by that agency, unless such vehicle is owned or operated by the appropriate agency and its use is authorized by such agency, or the local law enforcement agency or fire department authorizes the use of such vehicle, or the person is appointed by the Governor pursuant to chapter 354. (3) It is unlawful for a person to sell, transfer, or give away the authorized badge, or colorable imitation thereof, including miniatures, of any criminal justice agency as defined in s. 943.045, or bearing in any manner or combination the word or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state attorney,” “public defender,” “bailiff,” or “fire department,” with the intent to mislead or cause another person to believe that he or she is a member of that agency or is authorized to wear or display such item, except for agency purchases or upon the presentation and recordation of both a driver license and other identification showing any transferee to actually be a member of such criminal justice agency or unless the person is appointed by the Governor pursuant to chapter 354. A transferor of an item covered by this subsection is required to maintain for 2 years a written record of such transaction, including records showing compliance with this subsection, and if such transferor is a business, it shall make such records available during normal business hours for State Statutes 783 inspection by any law enforcement agency having jurisdiction in the area where the business is located. (4) This section does not prohibit a fraternal, benevolent, or labor organization or association, or their chapters or subsidiaries, from using the following words, in any manner or in any combination, if those words appear in the official name of the organization or association: “police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,” “Marine Patrol Officer,” “marshal,” “constable,” “bailiff,” or “fire department.” (5) Violation of any provision of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section is cumulative to any law now in force in the state. 843.0855 Criminal actions under color of law or through use of simulated legal process. (1) As used in this section: (a) The term “legal process” means a document or order issued by a court or filed or recorded with an official court of this state or the United States or with any official governmental entity of this state or the United States for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act. “Legal process” includes, but is not limited to, a summons, lien, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order. (b) The term “person” means an individual, public or private group incorporated or otherwise, legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial agency or body, or any assemblage of individuals. (c) The term “public officer or employee” has the same meaning as provided in s. 817.535. (2) A person who deliberately impersonates or falsely acts as a public officer or employee in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is the intent of the Legislature that this section applies if a person acts as an officer or employee purporting to supersede or override any legislation or statute of this state, or to supersede or override any action of any court of this state. (3) A person who simulates legal process, including, but not limited to, actions affecting title to real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders, judgments, or any legal documents or proceedings, knowing or having reason to know the contents of any such documents or proceedings or the basis for any action to be fraudulent, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who falsely under color of law attempts in any way to influence, intimidate, harass, retaliate against, or hinder a public officer or employee involving the discharge of his or her official duties by means of, but not limited to, threats of or actual physical abuse or harassment, or through the use of simulated legal process, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) (a) This section does not make unlawful any act of any law enforcement officer or legal tribunal which is performed under lawful authority. (b) This section does not prohibit individuals from assembling freely to express opinions or designate group affiliation or association. (c) This section does not prohibit or in any way limit a person’s lawful and legitimate access to the courts or prevent a person from instituting or responding to legitimate and lawful legal process. 843.09 Escape through voluntary action of officer. If a jailer or other officer voluntarily suffers a prisoner in her or his custody, upon conviction of any criminal charge, to escape, she or he shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 843.10 Escape by negligence of officer. If a jailer or other officer, through negligence, suffers a prisoner in her or his custody upon conviction of any criminal charge to escape, she or he shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.11 Conveying tools into jail to aid escape; forcible rescue. Whoever conveys State Statutes 784 into a jail or other like place of confinement, any disguise, instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his or her escape, with intent to facilitate the escape of any prisoner there lawfully committed or detained, or, by any means whatever, aids or assists such prisoner in his or her endeavors to escape therefrom, whether such escape is effected or attempted or not; and whoever forcibly rescues any prisoner held in custody upon any conviction or charge of an offense, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; or if the person whose escape or rescue was effected or intended, was charged with an offense not capital nor punishable by imprisonment in the state prison, then a person who assists a prisoner as described in this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; or if the prisoner while his or her escape or rescue is being effected or attempted commits any crime with the weapon, tool, or instrument conveyed to him or her, the person conveying the weapon, tool, or instrument to the prisoner shall be subject to whatever fine, imprisonment, or other punishment the law imposes for the crime committed, as an accessory before the fact. 843.12 Aiding escape. Whoever knowingly aids or assists a person in escaping, attempting to escape, or who has escaped, from an officer or person who has or is entitled to the lawful custody of such person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 843.13 Aiding escape of inmates of state training schools. Whoever in any manner knowingly aids or assists any inmate of any correctional institution for boys or girls in the state to escape therefrom, or who knowingly, or having good reason to believe that any person is an inmate of such schools and is escaping or attempting to escape therefrom, aids or assists such inmate to make his or her escape or to avoid detention or recapture, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 843.15 Failure of defendant on bail to appear. (1) Whoever, having been released pursuant to chapter 903, willfully fails to appear before any court or judicial officer as required shall incur a forfeiture of any security which was given or pledged for her or his release and, in addition, shall: (a) If she or he was released in connection with a charge of felony or while awaiting sentence or pending review by certiorari after conviction of any offense, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or; (b) If she or he was released in connection with a charge of misdemeanor, be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Nothing in this section shall interfere with or prevent the exercise by any court of its power to punish for contempt. 843.16 Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties. (1) A person, firm, or corporation may not install or transport in any motor vehicle or business establishment, except an emergency vehicle or crime watch vehicle as herein defined or a place established by municipal, county, state, or federal authority for governmental purposes, any frequency modulation radio receiving equipment so adjusted or tuned as to receive messages or signals on frequencies assigned by the Federal Communications Commission to police or law enforcement officers or fire rescue personnel of any city or county of the state or to the state or any of its agencies. Provided, nothing herein shall be construed to affect any radio station licensed by the Federal Communications System or to affect any recognized newspaper or news publication engaged in covering the news on a full-time basis or any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system. (2) As used in this section, the term: (a) "Emergency vehicle" shall specifically mean: 1. Any motor vehicle used by any law enforcement officer or employee of any city, any county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United States while on official business; 2. Any fire department vehicle of any city or State Statutes 785 county of the state or any state fire department vehicle; 3. Any motor vehicle designated as an emergency vehicle by the Department of Highway Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies assigned to the state; 4. Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any county in the state when said vehicle is to be assigned the use of frequencies assigned to the said county; 5. Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief of any city in the state when said vehicle is to be assigned the use of frequencies assigned to the said city. (b) "Crime watch vehicle" means any motor vehicle used by any person participating in a citizen crime watch or neighborhood watch program when such program and use are approved in writing by the appropriate sheriff or chief of police where the vehicle will be used and the vehicle is assigned the use of frequencies assigned to the county or city. Such approval shall be renewed annually. (3) This section does not apply to the following: (a) Any holder of a valid amateur radio operator or station license issued by the Federal Communications Commission. (b) Any recognized newspaper or news publication engaged in covering the news on a full-time basis. (c) Any alarm system contractor certified pursuant to part II of chapter 489, operating a central monitoring system. (d) Any sworn law enforcement officer as defined in s. 943.10 or emergency service employee as defined in s. 496.404 while using personal transportation to and from work. (e) An employee of a government agency that holds a valid Federal Communications Commission station license or that has a valid agreement or contract allowing access to another agency's radio station. (4) Any person, firm, or corporation violating any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.165 Unauthorized transmissions to and interference with governmental and associated radio frequencies prohibited; penalties; exceptions. (1) A person may not transmit or cause to be transmitted over any radio frequency with knowledge that such frequency is assigned by the Federal Communications Commission to a state, county, or municipal governmental agency or water management district, including, but not limited to, a law enforcement, fire, government administration, or emergency management agency or any public or private emergency medical services provider, any sounds, jamming device, jamming transmissions, speech, or radio frequency carrier wave except: those persons who are authorized in writing to do so by the agency's chief administrator; employees of the agency who are authorized to transmit by virtue of their duties with the agency; and those persons holding a valid station license assigned by the Federal Communications Commission to transmit on such frequencies. (2) A person may not knowingly obstruct, jam, or interfere with radio transmissions made by volunteer communications personnel of any state, county, or municipal governmental agency, water management district, volunteers of any public or private emergency medical services provider, or volunteers in any established Skywarn program when the volunteers are providing communications support upon request of the governmental agency during tests, drills, field operations, or emergency events. (3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) It is lawful for any person to transmit or cause to be transmitted speech or sounds over any authorized transmitter operating on frequencies specified in subsection (1) when the person: (a) Has been commanded to do so by an authorized operator of the transmitter; (b) Is acting to summon assistance for the authorized operator who, for any reason, is unable to make the transmission; or (c) Is a radio technician or installer who is testing, repairing, or installing radio equipment at the request of a state, county, or municipal governmental agency, water management district, or licensed public or private emergency medical services provider. 843.167 Unlawful use of police communications; enhanced penalties (1) A person may not: (a) Intercept any police radio communication by use of a scanner or any State Statutes 786 other means for the purpose of using that communication to assist in committing a crime or to escape from or avoid detection, arrest, trial, conviction, or punishment in connection with the commission of such crime. (b) Divulge the existence, contents, substance, purport, effect, or meaning of a police radio communication to any person he or she knows to be a suspect in the commission of a crime with the intent that the suspect may escape from or avoid detention, arrest, trial, conviction, or punishment. (2) Any person who is charged with a crime and who, during the time such crime was committed, possessed or used a police scanner or similar device capable of receiving police radio transmissions is presumed to have violated paragraph (1)(a). (3) The penalty for a crime that is committed by a person who violates paragraph (1)(a) shall be enhanced as follows: (a) A misdemeanor of the second degree shall be punished as if it were a misdemeanor of the first degree. (b) A misdemeanor of the first degree shall be punished as if it were a felony of the third degree. (c) A felony of the third degree shall be punished as if it were a felony of the second degree. (d) A felony of the second degree shall be punished as if it were a felony of the first degree. (e) A felony of the first degree shall be punished as if it were a life felony. (4) Any person who violates paragraph (1)(b) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.17 Publishing name and address of law enforcement officer. Any person who shall maliciously, with intent to obstruct the due execution of the law or with the intent to intimidate, hinder, or interrupt any law enforcement officer in the legal performance of his or her duties, publish or disseminate the residence address or telephone number of any law enforcement officer while designating the officer as such, without authorization of the agency which employs the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 843.18 Boats; fleeing or attempting to elude a law enforcement officer. (1) It is unlawful for the operator of any boat plying the waters of the state, having knowledge that she or he has been directed to stop such vessel by a duly authorized law enforcement officer, willfully to refuse or fail to stop in compliance with such directive or, having stopped in knowing compliance with such a directive, willfully to flee in an attempt to elude such officer. Any person violating this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Any violation of this section with respect to any vessel shall constitute such vessel as contraband which may be seized by a law enforcement agency and which shall be subject to forfeiture pursuant to ss. 932.701-932.704. 843.19 Offenses against police dogs, fire dogs, SAR dogs, or police horses. ((1) As used in this section, the term: (a) "Police dog" means any dog, and "police horse" means any horse, that is owned, or the service of which is employed, by a law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders. (b) "Fire dog" means any dog that is owned, or the service of which is employed, by a fire department, a special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of flammable materials or the investigation of fires. (c) "SAR dog" means any search and rescue dog that is owned, or the service of which is utilized, by a fire department, a law enforcement agency, a special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of missing persons, including, but not limited to, persons who are lost, who are trapped under debris as the result of a natural, manmade, or technological disaster, or who are drowning victims. (2) Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police dog, fire dog, SAR dog, or police horse commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police dog, fire dog, SAR dog, or police horse commits a State Statutes 787 misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police dog, fire dog, SAR dog, or police horse while the animal is in the performance of its duties commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (5) A person convicted of an offense under this section shall make restitution for injuries caused to the police dog, fire dog, SAR dog, or police horse and shall pay the replacement cost of the animal if, as a result of the offense, the animal can no longer perform its duties. 843.20 Harassment of participant of neighborhood crime watch program prohibited; penalty; definitions. (1) It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person to willfully harass, threaten, or intimidate an identifiable member of a neighborhood crime watch program while such member is engaged in, or traveling to or from, an organized neighborhood crime watch program activity or a member who is participating in an ongoing criminal investigation, as designated by a law enforcement officer. (2) As used in this section, the term: (a) "Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress in that person and serves no legitimate purpose. (b) "Organized neighborhood crime watch program activity" means any prearranged event, meeting, or other scheduled activity, or neighborhood patrol, conducted by or at the direction of a neighborhood crime watch program or the program's authorized designee. 843.21 Depriving crime victim of medical care. A person who takes custody of or exercises control over a person he or she knows to be injured as a result of criminal activity and deprives that person of medical care with the intent to avoid, delay, hinder, or obstruct any investigation of the criminal activity contributing to the injury commits: (1) If the victim's medical condition worsens as a result of the deprivation of medical care, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) If deprivation of medical care contributes or results in the death of the victim, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 843.23 Tampering with an electronic monitoring device. (1) As used in this section, the term “electronic monitoring device” includes any device that is used to track the location of a person. (2) It is unlawful for a person to intentionally and without authority: (a) Remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device that must be worn or used by that person or another person pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review; or (b) Request, authorize, or solicit a person to remove, destroy, alter, tamper with, damage, or circumvent the operation of an electronic monitoring device required to be worn or used pursuant to a court order or pursuant to an order by the Florida Commission on Offender Review. (3) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 847.001 Definitions. As used in this chapter, the term: (1) "Adult" means a person 18 years of age or older. (2) "Adult entertainment establishment" means the following terms as defined: (a) "Adult bookstore" means any corporation, partnership, or business of any kind which restricts or purports to restrict admission only to adults, which has as part of its stock books, magazines, other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually oriented material. (b) "Adult theater" means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. State Statutes 788 (c) "Special Cabaret" means any business that features persons who engage in specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults. (d) "Unlicensed massage establishment" means any business or enterprise that offers, sells, or provides, or that holds itself out as offering, selling, or providing, massages that include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by either male or female employees or attendants, by hand or by any electrical or mechanical device, on or off the premises. The term "unlicensed massage establishment" does not include an establishment licensed under s. 480.043 which routinely provides medical services by state-licensed health care practitioners and massage therapists licensed under s. 480.041. (3) "Child pornography" means any image depicting a minor engaged in sexual conduct. (4) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. The term also includes: any online service, Internet service, or local bulletin board; any electronic storage device, including a floppy disk or other magnetic storage device; or any compact disc that has read-only memory and the capacity to store audio, video, or written materials. (5) "Deviate sexual intercourse" means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva. (6) "Harmful to minors" means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it: (a) Predominantly appeals to a prurient, shameful, or morbid interest; (b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and (c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. A mother's breastfeeding of her baby is not under any circumstance "harmful to minors." (7) "Masochism" means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death. (8) "Minor" means any person under the age of 18 years. (9) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding. (10) "Obscene" means the status of material which: (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. A mother's breastfeeding of her baby is not under any circumstance "obscene." (11) "Person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (12) "Sadism" means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death upon another person or an animal. (13) "Sadomasochistic abuse" means flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself. (14) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, "sexual battery" does not State Statutes 789 include an act done for a bona fide medical purpose. (15) "Sexual bestiality" means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other. (16) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother's breastfeeding of her baby does not under any circumstance constitute "sexual conduct." (17) "Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. (18) "Sexually oriented material" means any book, article, magazine, publication, or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered. (19) "Simulated" means the explicit depiction of conduct described in subsection (16) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks. (20) "Specific sexual activities" includes the following sexual activities and the exhibition of the following anatomical areas: (a) Human genitals in the state of sexual stimulation or arousal. (b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof. (c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts. (d) Less than completely and opaquely covered: 1. Human genitals or the pubic region. 2. Buttocks. 3. Female breasts below the top of the areola. 4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty. (1) (a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) The knowing possession by any State Statutes 790 person of three or more identical or similar materials, matters, articles, or things coming within the provisions of paragraph (a) is prima facie evidence of the violation of the paragraph. (c) A person who commits a violation of paragraph (a) or subsection (2) which is based on materials that depict a minor engaged in any act or conduct that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2). (2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of violating this subsection, thereafter violates any of its provisions commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such possession, it is not necessary to allege or prove the absence of such intent. (3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, paper, magazine, book, periodical, or publication, or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Any person who knowingly promotes, conducts, performs, or participates in an obscene show, exhibition, or performance by live persons or a live person before an audience is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, after having been convicted of violating this subsection, thereafter violates any of its provisions and is convicted thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Every act, thing, or transaction forbidden by this section shall constitute a separate offense and shall be punishable as such. (6) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from which it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of such facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character. (7) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section; and, upon the seizure of any such material, matter, article, or thing by any authorized law enforcement officer, the same shall be held by the arresting agency. When the same is no longer required as evidence, the prosecuting officer or any claimant may move the court in writing for the disposition of the same and, after notice and hearing, the court, if it finds the same to have been possessed or otherwise dealt with in violation of this section, shall order the sheriff to destroy the same in the presence of the clerk; otherwise, the court shall order State Statutes 791 the same returned to the claimant if the claimant shows that he or she is entitled to possession. If destruction is ordered, the sheriff and clerk shall file a certificate of compliance. (8) (a) The circuit court has jurisdiction to enjoin a threatened violation of this section upon complaint filed by the state attorney or attorney for a municipality in the name of the state upon the relation of such state attorney or attorney for a municipality. (b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request. No such order shall be made unless such judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for such restraining order is to be made; however, such notice shall be dispensed with when it is manifest to such judge, from the sworn allegations of the complaint or the affidavit of the plaintiff or other competent person, that the apprehended violation will be committed if an immediate remedy is not afforded. (c) The person sought to be enjoined shall be entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days of the conclusion of the trial. (d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney or the municipality or its attorney for costs or for damages sustained by reason of such restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined. (e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof. (9) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions. (10) This section shall not apply to the exhibition of motion picture films permitted by s. 847.013. 847.012 Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty. (1) As used in this section, “knowingly” means having the general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (a) The character and content of any material described in this section which is reasonably susceptible of examination by the defendant; and (b) The age of the minor. (2) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for a violation of this section. (3) A person may not knowingly sell, rent, or loan for monetary consideration to a minor: (a) Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors; or (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording that contains any matter defined in s. 847.001, explicit and detailed verbal descriptions or narrative accounts of sexual excitement, or sexual conduct and that is harmful to minors. (4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors. (5) An adult may not knowingly distribute to a minor on school property, or post on school property, any material described in subsection (3). As used in this subsection, the term “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic. This subsection does not apply to the distribution or posting of school-approved instructional materials that State Statutes 792 by design serve as a major tool for assisting in the instruction of a subject or course by school officers, instructional personnel, administrative personnel, school volunteers, educational support employees, or managers as those terms are defined in s. 1012.01. (6) Any person violating any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) Every act, thing, or transaction forbidden by this section constitutes a separate offense and is punishable as such. (8) (a) The circuit court has jurisdiction to enjoin a violation of this section upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney. (b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney requests a judge of such court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. The order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for the restraining order is to be made. (c) The person sought to be enjoined is entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial. (d) If a final decree of injunction is entered, it must contain a provision directing the defendant having the possession, custody, or control of the materials, matters, articles, or things affected by the injunction to surrender the same to the sheriff and requiring the sheriff to seize and destroy the same. The sheriff shall file a certificate of her or his compliance. (e) In any action brought as provided in this section, a bond or undertaking may not be required of the state or the state attorney before the issuance of a restraining order provided for by paragraph (b), and the state or the state attorney may not be held liable for costs or for damages sustained by reason of the restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined. (f) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon her or him of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents and character thereof. (9) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions. (10) This section does not apply to the exhibition of motion pictures, shows, presentations, or other representations regulated under s. 847.013. 847.0125 Retail display of materials harmful to minors prohibited. (1) “KNOWINGLY” DEFINED. As used in this section, “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor. (2) OFFENSES AND PENALTIES. (a) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the cover of which depicts material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such items shall, however, be displayed, either individually or collectively, behind an opaque covering which conceals the book, magazine, or other printed material. (b) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the content of which exploits, is devoted to, or is principally made up of descriptions or depictions of material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment. (c) A violation of any provision of this State Statutes 793 section constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations. (1) "KNOWINGLY" DEFINED. As used in this section "knowingly" means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both: (a) The character and content of any motion picture described herein which is reasonably susceptible of examination by the defendant, or the character of any exhibition, presentation, representation, or show described herein, other than a motion picture show, which is reasonably susceptible of being ascertained by the defendant; and (b) The age of the minor. (2) MINOR'S AGE.--A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for a violation of this section. (3) OFFENSES AND PENALTIES. (a) A person may not knowingly exhibit for a monetary consideration to a minor or knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors. (b) A person may not knowingly rent or sell, or loan to a minor for monetary consideration, a videocassette or a videotape of a motion picture, or similar presentation, which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors. (c) The provisions of paragraph (a) do not apply to a minor when the minor is accompanied by his or her parents or either of them. (d) A minor may not falsely represent to the owner of any premises mentioned in paragraph (a), or to the owner's agent, or to any person mentioned in paragraph (b), that the minor is 17 years of age or older, with the intent to procure the minor's admission to such premises, or the minor's purchase or rental of a videotape, for a monetary consideration. (e) A person may not knowingly make a false representation to the owner of any premises mentioned in paragraph (a), or to the owner's agent, or to any person mentioned in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of age or older, with intent to procure the minor's admission to the premises or to aid the minor in procuring admission thereto, or to aid or enable the minor's purchase or rental of a videotape, for a monetary consideration. (f) A violation of any provision of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) INJUNCTIVE PROCEEDINGS. (a) The circuit court has jurisdiction to enjoin a threatened violation of subsection (2) upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney. (b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person or persons complained of until final hearing or further order of the court. Whenever the relator requests a judge of the court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. An order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the person or persons restrained of the time when and place where the application for the restraining order is to be heard. However, the notice shall be dispensed with when it is manifest to the judge, from the allegations of a sworn complaint or independent affidavit, sworn to by the relator or by some person associated with him or her in the field of law enforcement and filed by the relator, that the apprehended violation will be committed if an immediate remedy is not afforded. (c) The person or persons sought to be enjoined are entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial. (d) In any action brought as provided in this section, a bond or undertaking is not required of the state or the relator state State Statutes 794 attorney before the issuance of a restraining order provided for by this section, and there is no liability on the part of the state or the relator state attorney for costs or damages sustained by reason of such restraining order in any case in which a final decree is rendered in favor of the person or persons sought to be enjoined. (e) Every person who has possession, custody, or control of, or otherwise deals with, any motion picture, exhibition, show, representation, or presentation described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents or character thereof. (5) LEGISLATIVE INTENT. In order to make the application and enforcement of this section uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons under 17 years of age to harmful motion pictures, exhibitions, shows, representations, presentations, and commercial or sexual exploitation. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1969, and relating to such subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to that subject on or after such effective date. 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty. (1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section "obscene material" means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing paper, card, picture, drawing, photograph, motion picture film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose. The term "obscene" has the same meaning as set forth in s. 847.001. (2) As used in this section "knowingly" has the same meaning set forth in s. 847.012(1). A "minor" is any person under the age of 18 years. (3) A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school. (1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before July 1, 2001, an adult entertainment establishment that sells, rents, loans, distributes, transmits, shows, or exhibits any obscene material, as described in s. 847.0133, or presents live entertainment or a motion picture, slide, or other exhibit that, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, sexual bestiality, or sadomasochistic abuse and that is harmful to minors, as described in s. 847.001, may not be located within 2,500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location under proceedings as provided in s. 125.66(4) for counties or s. 166.041(3)(c) for municipalities. (2) A violation of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. 847.0135 Computer pornography; traveling to meet minor; penalties. (1) SHORT TITLE. This section shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act." (2) COMPUTER PORNOGRAPHY. A person who: (a) Knowingly compiles, enters into, or transmits by use of computer; (b) Makes, prints, publishes, or reproduces by other computerized means; (c) Knowingly causes or allows to be entered into or transmitted by use of computer; or (d) Buys, sells, receives, exchanges, or disseminates, State Statutes 795 any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section. (3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED. Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to: (a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or (b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense. (4) TRAVELING TO MEET A MINOR. Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to: (a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or (b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) C E R T A I N C O M P U T E R TRANSMISSIONS PROHIBITED. (a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection. (b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 796 (c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A mother's breastfeeding of her baby does not under any circumstance constitute a violation of this subsection. (6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE. It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000. (7) STATE CRIMINAL JURISDICTION. A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child's guardian, or another person believed by the person to be a child or a child's guardian. (8)EFFECT OF PROSECUTION. Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children. 847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties (1) For purposes of this section: (a) "Minor" means any person less than 18 years of age. (b) "Transmit" means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device. (2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state. (5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3). The provisions of this section do not apply to subscription-based transmissions such as list servers. 847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties. (1) For purposes of this section: (a) "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor. (b) "Transmit" means to send to a specific individual known by the defendant to be a minor via electronic mail. (2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. State Statutes 797 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to subscription-based transmissions such as list servers. 847.0141 Sexting; prohibited acts; penalties. (1) A minor commits the offense of sexting if he or she knowingly: (a) Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). (b) Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). A minor does not violate this paragraph if all of the following apply: 1. The minor did not solicit the photograph or video. 2. The minor took reasonable steps to report the photograph or video to the minor’s legal guardian or to a school or law enforcement official. 3. The minor did not transmit or distribute the photograph or video to a third party. (2) (a) The transmission or distribution of multiple photographs or videos prohibited by paragraph (1)(a) is a single offense if the photographs or videos were transmitted or distributed within the same 24-hour period. (b)The possession of multiple photographs or videos that were transmitted or distributed by a minor prohibited by paragraph (1)(b) is a single offense if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period. (3) A minor who violates subsection (1): (a) Commits a noncriminal violation for a first violation. The minor must sign and accept a citation indicating a promise to appear before the juvenile court. In lieu of appearing in court, the minor may complete 8 hours of community service work, pay a $60 civil penalty, or participate in a cyber-safety program if such a program is locally available. The minor must satisfy any penalty within 30 days after receipt of the citation. 1. A citation issued to a minor under this subsection must be in a form prescribed by the issuing law enforcement agency, must be signed by the minor, and must contain all of the following: a. The date and time of issuance. b. The name and address of the minor to whom the citation is issued. c. A thumbprint of the minor to whom the citation is issued. d. Identification of the noncriminal violation and the time it was committed. e. The facts constituting reasonable cause. f. The specific section of law violated. g. The name and authority of the citing officer. h. The procedures that the minor must follow to contest the citation, perform the required community service, pay the civil penalty, or participate in a cyber-safety program. 2. If the citation is contested and the court determines that the minor committed a noncriminal violation under this section, the court may order the minor to perform 8 hours of community service, pay a $60 civil penalty, or participate in a cyber-safety program, or any combination thereof. 3. A minor who fails to comply with the citation waives his or her right to contest it, and the court may impose any of the penalties identified in subparagraph 2. or issue an order to show cause. Upon a finding of contempt, the court may impose additional age-appropriate penalties, which may include issuance of an order to the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend the driver license or driving privilege of, the minor for 30 consecutive days. However, the court may not impose incarceration. (b) Commits a misdemeanor of the first degree for a violation that occurs after the minor has been found to have committed a noncriminal violation for sexting or has satisfied the penalty imposed in lieu of a court appearance as provided in paragraph (a), punishable as provided in s. 775.082 or s. 775.083. (c) Commits a felony of the third degree for a violation that occurs after the minor has been found to have committed a misdemeanor of the first degree for sexting, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) This section does not prohibit the prosecution of a minor for a violation of any law of this state if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual State Statutes 798 excitement, and does not prohibit the prosecution of a minor for stalking under s. 784.048. (5) As used in this section, the term “found to have committed” means a determination of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of whether adjudication is withheld. (6) Eighty percent of all civil penalties received by a juvenile court pursuant to this section shall be remitted by the clerk of the court to the county commission to provide training on cyber-safety for minors. The remaining 20 percent shall remain with the clerk of the court to defray administrative costs. 847.0145 Selling or buying of minors; penalties (1) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either: (a) With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or (b) With intent to promote either: 1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or 2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either: (a) With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; (b) With intent to promote either: 1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or 2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct; shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 849.01 Keeping gambling houses, etc. Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 849.02 Agents or employees of keeper of gambling house. Whoever acts as servant, clerk, agent, or employee of any person in the violation of s. 849.01 shall be punished in the manner and to the extent therein mentioned. 849.03 Renting house for gambling purposes. Whoever, whether as owner or agent, knowingly rents to another a house, room, booth, tent, shelter or place for the purpose of gaming shall be punished in the manner and to the extent mentioned in s. 849.01. 849.05 Prima facie evidence. If any of the implements, devices or apparatus commonly used in games of chance in gambling houses or by gamblers, are found in any house, room, booth, shelter or other place it shall be prima facie evidence that the said house, room, booth, shelter or other place where the same are found is kept for the purpose of gambling. 849.07 Permitting gambling on billiard or pool table by holder of license. If any holder of a license to operate a billiard or pool table shall permit any person to play billiards or pool or any other game for money, or any other thing of value, upon State Statutes 799 such tables, she or he shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 849.08 Gambling. Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 849.085 Certain penny-ante games not crimes; restrictions. (1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section. (2) As used in this section: (a) "Penny-ante game" means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value. (b) "Dwelling" means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax exempt under s. 501(c)(7) of the Internal Revenue Code. The term "dwelling" also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county. (3) A penny-ante game is subject to the following restrictions: (a) The game must be conducted in a dwelling. (b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling. (c) A person may not directly or indirectly charge admission or any other fee for participation in the game. (d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game. (e) A penny-ante game may not be conducted in which any participant is under 18 years of age. (4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable. (5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners' association as defined in s. 720.301, mobile home owners' association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game. 849.09 Lottery prohibited; exceptions. (1) It is unlawful for any person in this state to: (a) Set up, promote, or conduct any lottery for money or for anything of value; (b) Dispose of any money or other property of any kind whatsoever by means of any lottery; (c) Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone, or otherwise; (d) Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any lottery or lottery drawing; (e) Attempt to operate, conduct, or advertise any lottery scheme or device; (f) Have in her or his possession any lottery wheel, implement, or device whatsoever for conducting any lottery or scheme for the disposal by lot or chance of anything of value; (g) Sell, offer for sale, or transmit, in person or by mail or in any other manner whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any lottery ticket, coupon, or share, whether such ticket, coupon, or share represents an interest in a live lottery not yet played or whether it represents, or has represented, State Statutes 800 an interest in a lottery that has already been played; (h) Have in her or his possession any lottery ticket, or any evidence of any share or right in any lottery ticket, or in any lottery scheme or device, whether such ticket or evidence of share or right represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played; (i) Aid or assist in the sale, disposal, or procurement of any lottery ticket, coupon, or share, or any right to any drawing in a lottery; (j) Have in her or his possession any lottery advertisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings; or (k) Have in her or his possession any so-called "run down sheets," tally sheets, or other papers, records, instruments, or paraphernalia designed for use, either directly or indirectly, in, or in connection with, the violation of the laws of this state prohibiting lotteries and gambling. Provided, that nothing in this section shall prohibit participation in any nationally advertised contest, drawing, game or puzzle of skill or chance for a prize or prizes unless it can be construed as a lottery under this section; and, provided further, that this exemption for national contests shall not apply to any such contest based upon the outcome or results of any horserace, harness race, dograce, or jai alai game. (2) Any person who is convicted of violating any of the provisions of paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who is convicted of violating any of the provisions of paragraph (e), paragraph (f), paragraph (g), paragraph (i), or paragraph (k) of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to bingo as provided for in s. 849.0931. (4) Any person who is convicted of violating any of the provisions of paragraph (h) or paragraph (j) of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 849.091Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties. (1) The organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is hereby declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or who shall solicit any person for membership or affiliation in any such group or organization commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A “pyramid sales scheme," which is any sales or marketing plan or operation whereby a person pays a consideration of any kind, or makes an investment of any kind, in excess of $100 and acquires the opportunity to receive a benefit or thing of value which is not primarily contingent on the volume or quantity of goods, services, or other property sold in bona fide sales to consumers, and which is related to the inducement of additional persons, by himself or herself or others, regardless of number, to participate in the same sales or marketing plan or operation, is hereby declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of or affiliating with, any such group or organization or who shall solicit any person for membership or affiliation in any such group or organization commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this subsection, the term “consideration" and the term “investment" State Statutes 801 do not include the purchase of goods or services furnished at cost for use in making sales, but not for resale, or time and effort spent in the pursuit of sales or recruiting activities. 849.10 Printing lottery tickets, etc., prohibited. (1) Except as otherwise provided by law, it is unlawful for any person, in any house, office, shop or building in this state to write, typewrite, print, or publish any lottery ticket or advertisement, circular, bill, poster, pamphlet, list or schedule, announcement or notice, of lottery prizes or drawings or any other matter or thing in any way connected with any lottery drawing, scheme or device, or to set up any type or plate for any such purpose, to be used or distributed in this state, or to be sent out of this state. (2) Except as otherwise provided by law, it is unlawful for the owner or lessee of any such house, shop or building knowingly to permit the printing, typewriting, writing or publishing therein of any lottery ticket or advertisement, circular, bill, poster, pamphlet, list, schedule, announcement or notice of lottery prizes or drawings, or any other matter or thing in any way connected with any lottery drawing, scheme or device, or knowingly to permit therein the setting up of any type or plate for any such purpose to be used or distributed in this state, or to be sent out of the state. (3) Nothing in this chapter shall make unlawful the printing or production of any advertisement or any lottery ticket for a lottery conducted in any other state or nation where such lottery is not prohibited by the laws of such state or nation, or the sale of such materials by the manufacturer thereof to any person or entity conducting or participating in the conduct of such a lottery in any other state or nation. This section does not authorize any advertisement within Florida relating to lotteries of any other state or nation, or the sale or resale within Florida of such lottery tickets, chances, or shares to individuals, or any other acts otherwise in violation of any laws of the state. (4) Any violation of this section shall be a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 849.11 Plays at games of chance by lot. Whoever sets up, promotes or plays at any game of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest therein, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 849.14 Unlawful to bet on result of trial or contest of skill, etc. Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of human or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet or wagered, or offered for the purpose of being staked, bet or wagered, by or for any other person upon any such result, or whoever knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or wagered upon any such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 849.141 Bowling tournaments exempted from chapter (1) Nothing contained in this chapter shall be applicable to participation in or the conduct of a bowling tournament conducted at a bowling center which requires the payment of entry fees, from which fees the winner receives a purse or prize. (2) As used in this section, the term: (a) "Bowling tournament" means a contest in which participants engage in the sport of bowling, wherein a heavy ball is bowled along a bowling lane in an attempt to knock over bowling pins, 10 in number, set upright at the far end of the lane, according to specified regulations and rules of the American Bowling Congress, the Womens International Bowling Congress, or the Bowling Proprietors Association of America. (b) "Bowling center" means a place of business having at least 12 bowling lanes on the premises which are operated for the entertainment of the general public for the purpose of engaging in the sport of bowling. 849.15 Manufacture, sale, possession, etc., of coin-operated devices prohibited. (1) It is unlawful: (a) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale State Statutes 802 or lease, or to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of, or for any person to permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by the person or under the person's management or control, any slot machine or device or any part thereof; or (b) To make or to permit to be made with any person any agreement with reference to any slot machine or device, pursuant to which the user thereof, as a result of any element of chance or other outcome unpredictable to him or her, may become entitled to receive any money, credit, allowance, or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value. (2) Pursuant to section 2 of that chapter of the Congress of the United States entitled "An act to prohibit transportation of gaming devices in interstate and foreign commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State of Florida, acting by and through the duly elected and qualified members of its Legislature, does hereby in this section, and in accordance with and in compliance with the provisions of section 2 of such chapter of Congress, declare and proclaim that any county of the State of Florida within which slot machine gaming is authorized pursuant to chapter 551 is exempt from the provisions of section 2 of that chapter of the Congress of the United States entitled "An act to prohibit transportation of gaming devices in interstate and foreign commerce," designated as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All shipments of gaming devices, including slot machines, into any county of this state within which slot machine gaming is authorized pursuant to chapter 551 and the registering, recording, and labeling of which have been duly performed by the manufacturer or distributor thereof in accordance with sections 3 and 4 of that chapter of the Congress of the United States entitled "An act to prohibit transportation of gaming devices in interstate and foreign commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal shipments thereof into this state provided the destination of such shipments is an eligible facility as defined in s. 551.102 or the facility of a slot machine manufacturer or slot machine distributor as provided in s. 551.109(2)(a). 849.16 Machines or devices which come within provisions of law defined. (1) As used in this chapter, the term “slot machine or device” means any machine or device or system or network of devices that is adapted for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, account number, code, or other object or information, such device or system is directly or indirectly caused to operate or may be operated and if the user, whether by application of skill or by reason of any element of chance or any other outcome unpredictable by the user, may: (a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or (b) Secure additional chances or rights to use such machine, apparatus, or device, even though the device or system may be available for free play or, in addition to any element of chance or unpredictable outcome of such operation, may also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. The term “slot machine or device” includes, but is not limited to, devices regulated as slot machines pursuant to chapter 551. (2) This chapter may not be construed, interpreted, or applied to the possession of a reverse vending machine. As used in this section, the term “reverse vending machine” means a machine into which empty beverage containers are deposited for recycling and which provides a payment of money, merchandise, vouchers, or other incentives. At a frequency less than upon the deposit of each beverage container, a reverse vending machine may pay out a random incentive bonus greater than that guaranteed payment in the form of money, merchandise, vouchers, or other incentives. The deposit of any empty beverage container into a reverse vending machine does not constitute consideration, and a reverse vending machine may not be deemed a slot machine as defined in this section. State Statutes 803 (3) There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is used to display images of games of chance and is part of a scheme involving any payment or donation of money or its equivalent and awarding anything of value. 849.161 Amusement games or machines; when chapter inapplicable. (1) As used in this section, the term: (a) “Amusement games or machines” means games which operate by means of the insertion of a coin, and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons, the cost value of which does not exceed 75 cents on any game played, which may be exchanged for merchandise. The term does not include casino-style games in which the outcome is determined by factors unpredictable by the player or games in which the player may not control the outcome of the game through skill. (b) “Arcade amusement center” means a place of business having at least 50 coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility. (c) “Game played” means the event occurring from the initial activation of the machine until the results of play are determined without payment of additional consideration. Free replays do not constitute additional consideration. (d) “Merchandise” means noncash prizes, including toys and novelties. The term does not include cash or any equivalent thereof, including gift cards or certificates, or alcoholic beverages. (e) “Truck stop” means any dealer registered pursuant to chapter 212, excluding marinas, which: 1. Declared its primary fuel business to be the sale of diesel fuel; 2. Operates a minimum of six functional diesel fuel pumps; and 3. Has coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists as bona fide amusement games or machines. (2) Nothing contained in this chapter shall be taken or construed to prohibit an arcade amusement center or truck stop from operating amusement games or machines in conformance with this section. (3) This section applies only to games and machines which are operated for the entertainment of the general public and tourists as bona fide amusement games or machines. (4) This section shall not be construed to authorize any game or device defined as a gambling device in 15 U.S.C. s. 1171, which requires identification of each device by permanently affixing seriatim numbering and name, trade name, and date of manufacture under s. 1173, and registration with the United States Attorney General, unless excluded from applicability of the chapter under s. 1178, or video poker games or any other game or machine that may be construed as a gambling device under Florida law. (5) This section does not apply to a coin-operated game or device designed and manufactured only for bona fide amusement purposes which game or device may by application of skill entitle the player to replay the game or device at no additional cost, if the game or device: can accumulate and react to no more than 15 free replays; can be discharged of accumulated free replays only by reactivating the game or device for one additional play for such accumulated free replay; can make no permanent record, directly or indirectly, of free replays; and is not classified by the United States as a gambling device in 15 U.S.C. s. 1171, which requires identification of each device by permanently affixing seriatim numbering and name, trade name, and date of manufacture under s. 1173, and registration with the United States Attorney General, unless excluded from applicability of the chapter under s. 1178. This subsection shall not be construed to authorize video poker games, or any other game or machine that may be construed as a gambling device under Florida law. 849.23 Penalty for violations of ss. 849.15 - 849.22. Whoever shall violate any of the provisions of s. 849.15 - 849.22 shall, upon conviction thereof, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person convicted of violating any provision of s. 849.15 - 849.22, a second time shall, upon conviction thereof, be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person violating any provision of s. 849.15 - 849.22 after State Statutes 804 having been twice convicted already shall be deemed a "common offender," and shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 849.231 Gambling devices; manufacture, sale, purchase or possession unlawful. (1) Except in instances when the following described implements or apparatus are being held or transported by authorized persons for the purpose of destruction, as hereinafter provided, and except in instances when the following described instruments or apparatus are being held, sold, transported, or manufactured by persons who have registered with the United States Government pursuant to the provisions of Title 15 of the United States Code, ss. 1171 et seq., as amended, so long as the described implements or apparatus are not displayed to the general public, sold for use in Florida, or held or manufactured in contravention of the requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful for any person to manufacture, sell, transport, offer for sale, purchase, own, or have in his or her possession any roulette wheel or table, faro layout, crap table or layout, chemin de fer table or layout, chuck-a-luck wheel, bird cage such as used for gambling, bolita balls, chips with house markings, or any other device, implement, apparatus, or paraphernalia ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments, excepting ordinary dice and playing cards. (2) In addition to any other penalties provided for the violation of this section, any occupational license held by a person found guilty of violating this section shall be suspended for a period not to exceed 5 years. (3) This section and s. 849.05 do not apply to a vessel of foreign registry or a vessel operated under the authority of a country except the United States, while docked in this state or transiting in the territorial waters of this state. 849.233 Penalty for violation of s. 849.231. Any person, including any enforcement officer, clerk or prosecuting official who shall violate the provisions of s. 849.231 shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 849.235 Possession of certain gambling devices; defense (1) It is a defense to any action or prosecution under ss. 849.15 - 849.233 for the possession of any gambling device specified therein that the device is an antique slot machine and that it is not being used for gambling. For the purpose of this section, an antique slot machine is one which was manufactured at least 20 years prior to such action or prosecution. (2) Notwithstanding any provision of this chapter to the contrary, upon a successful defense to a prosecution for the possession of a gambling device pursuant to the provisions of this section, the antique slot machine shall be returned to the person from whom it was seized. 849.25 “Bookmaking" defined; penalties; exceptions. (1) (a) The term “bookmaking" means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever. (b) The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking: 1. Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers. 2. Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss. 3. Taking or receiving more than five wagers in any single day. 4. Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week. 5. Engaging in a common scheme with two or more persons to take or receive wagers. 6. Taking or receiving wagers on both sides on a contest at the identical point spread. 7. Any other factor relevant to establishing that the operating procedures of such person are commercial in nature. (c) The existence of any two factors listed in paragraph (b) may constitute prima facie evidence of a commercial bookmaking operation. State Statutes 805 (2) Any person who engages in bookmaking shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld. (3) Any person who has been convicted of bookmaking and thereafter violates the provisions of this section shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld. (4) Notwithstanding the provisions of s. 777.04, any person who is guilty of conspiracy to commit bookmaking shall be subject to the penalties imposed by subsections (2) and (3). (5) This section shall not apply to pari-mutuel wagering in Florida as authorized under chapter 550. (6) This section shall not apply to any prosecutions filed and pending at the time of the passage hereof, but all such cases shall be disposed of under existing laws at the time of the institution of such prosecutions. 856.011 Disorderly intoxication. (1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance. (2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty. 856.015Open house parties (1) Definitions. As used in this section: (a) “Alcoholic beverage” means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of s. 561.01(4)(b). (b) “Control” means the authority or ability to regulate, direct, or dominate. (c) “Drug” means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03. (d) “Minor” means an individual not legally permitted by reason of age to possess alcoholic beverages pursuant to chapter 562. (e) “Open house party” means a social gathering at a residence. (f) “Person” means an individual 18 years of age or older. (g) “Residence” means a home, apartment, condominium, or other dwelling unit. (2) A person having control of any residence may not allow an open house party to take place at the residence if any alcoholic beverage or drug is possessed or consumed at the residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. (3) The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities. (4) Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates subsection (2) a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) If a violation of subsection (2) causes or contributes to causing serious bodily injury, as defined in s. 316.1933, or death to the minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor’s State Statutes 806 consumption of alcohol or drugs at the open house party, the violation is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 856.021 Loitering or prowling; penalty. (1) It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. (2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern. (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 856.022 Loitering or prowling by certain offenders in close proximity to children; penalty. (1) Except as provided in subsection (2), this section applies to a person convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction against a victim who was under 18 years of age at the time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this subsection, if the person has not received a pardon for any felony or similar law of another jurisdiction necessary for the operation of this subsection and a conviction of a felony or similar law of another jurisdiction necessary for the operation of this subsection has not been set aside in any postconviction proceeding. (2) This section does not apply to a person who has been removed from the requirement to register as a sexual offender or sexual predator pursuant to s. 943.04354. (3) A person described in subsection (1) commits loitering and prowling by a person convicted of a sexual offense against a minor if, in committing loitering and prowling, he or she was within 300 feet of a place where children were congregating. (4) (a) It is unlawful for a person described in subsection (1) to knowingly approach, contact, or communicate with a child under 18 years of age in any public park building or on real property comprising any public park or playground with the intent to engage in conduct of a sexual nature or to make a communication of any type with any content of a sexual nature. This paragraph applies only to a person described in subsection (1) whose offense was committed on or after May 26, 2010. (b) It is unlawful for a person described in subsection (1) to knowingly be present in any child care facility or school containing any students in prekindergarten through grade 12 or on real property comprising any child care facility or school containing any students in prekindergarten through grade 12 when the child care facility or school is in operation, if such person fails to: 1. Provide written notification of his or her intent to be present to the school board, superintendent, principal, or child care facility owner; 2. Notify the child care facility owner or the school principal’s office when he or she arrives and departs the child care facility or school; or 3. Remain under direct supervision of a school official or designated chaperone when present in the vicinity of children. As used in this paragraph, the term “school official” means a principal, a school resource officer, a teacher or any other employee of the school, the State Statutes 807 superintendent of schools, a member of the school board, a child care facility owner, or a child care provider. (c) A person is not in violation of paragraph (b) if: 1. The child care facility or school is a voting location and the person is present for the purpose of voting during the hours designated for voting; or 2. The person is only dropping off or picking up his or her own children or grandchildren at the child care facility or school. (5) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 856.031 Arrest without warrant. Any sheriff, police officer, or other law enforcement officer may arrest any suspected loiterer or prowler without a warrant in case delay in procuring one would probably enable such suspected loiterer or prowler to escape arrest. 859.01 Poisoning food or water. Whoever introduces, adds, or mingles any poison, bacterium, radioactive material, virus, or chemical compound with food, drink, medicine, or any product designed to be ingested, consumed, or applied to the body with intent to kill or injure another person, or willfully poisons or introduces, adds, or mingles any bacterium, radioactive material, virus, or chemical compound into any spring, well, or reservoir of water with such intent, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 859.02 Selling certain poisons by registered pharmacists and others. Any violation of the law, relative to sale of poisons, not specially provided for, shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.083. 859.04 Provisions concerning poisons. (1) It is unlawful for any person not a registered pharmacist to retail any poisons enumerated below: Arsenic and all its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts, and the essential oil of almonds, opium, and its preparations of opium containing less than two grains to the ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids; and she or he shall label the box, vessel, or paper in which said poison is contained with the name of the article, the word “poison," and the name and place of business of the seller. (2) No person shall deliver or sell any poisons enumerated above unless upon due inquiry it be found that the purchaser is aware of its poisonous character and represents that it is to be used for a legitimate purpose. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescriptions of practitioners of medicine. (3) Any violation of this section shall render the principal of said store guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. However, this section shall not apply to manufacturers making and selling at wholesale any of the above poisons. Each box, vessel, or paper in which said poison is contained shall be labeled with the name of the article, the word “poison," and the name and place of business of the seller. 860.03 Intoxicated servant of common carrier. If any person while in charge of a locomotive engine, acting as the conductor or superintendent of a car or train, on the car or train as a brakeman, employed to attend the switches, drawbridges or signal stations on any railway, or acting as captain or pilot on any steamboat shall be intoxicated, the person shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 860.04 Persons beating their way on railroad trains. Any person who, without permission of those having authority, with the intention of being transported free, rides or attempts to ride on any railroad train in this state shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 860.05 Unauthorized person interfering with railroad train, cars, or engines. Any State Statutes 808 person, other than an employee or authorized agent of the railroad company acting within the line of duty, who shall knowingly or willfully detach or uncouple any train; put on, apply, or tamper with any brake, bell cord, or emergency valve; or otherwise interfere with any train, engine, car, or part thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.065 Commercial transportation; penalty for use in commission of a felony. (1) It is unlawful for any person to attempt to obtain, solicit to obtain, or obtain any means of public or commercial transportation or conveyance, including vessels, aircraft, railroad trains, or commercial vehicles as defined in s. 316.003, with the intent to use such public or commercial transportation or conveyance to commit any felony or to facilitate the commission of any felony. (2) Any person who violates the provisions of subsection (1) commits a felony of the third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084. 860.08 Interference with railroad signals prohibited; penalty. Any person, other than an employee or authorized agent of a railroad company acting within the line of duty, who knowingly or willfully interferes with or removes any railroad signal system used to control railroad operations, any railroad crossing warning devices, or any lantern, light, lamp, torch, flag, fuse, torpedo, or other signal used in connection with railroad operations is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.09 Interference with railroad track and other equipment prohibited; penalties. Any person, other than an employee or authorized agent of a railroad company acting within the line of duty, who knowingly or willfully moves, interferes with, removes, or obstructs any railroad switch, bridge, track, crossties, or other equipment located on the right-of-way or property of a railroad and used in railroad operations is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.091 Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in death; penalty. Any person who violates the provisions of s. 860.05, s. 860.08, or s. 860.09 when such violation results in the death of another person is guilty of homicide as defined in chapter 782, punishable as provided in s. 775.082. 860.11 Injuring railroad structures; driving cattle on tracks. Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle guard, or other superstructure of any railroad company or salts the track of any railroad company for the purpose of attracting cattle thereto, or who shall drive cattle thereon, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.121 Crimes against railroad vehicles; penalties (1) It shall be unlawful for any person to shoot at, throw any object capable of causing death or great bodily harm at, or place any object capable of causing death or great bodily harm in the path of any railroad train, locomotive, car, caboose, or other railroad vehicle. (2) (a) Any person who violates subsection (1) with respect to an unoccupied railroad vehicle is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who violates subsection (1) with respect to an occupied railroad vehicle or a railroad vehicle connected thereto is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any person who violates subsection (1), if such violation results in great bodily harm, is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Any person who violates subsection (1), if such violation results in death, is guilty of homicide as defined in chapter 782, punishable as provided in s. 775.082. 860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty. (1) It shall be unlawful for any person: (a) To operate an aircraft in the air or on the ground or water while under the influence of: 1. Alcoholic beverages; 2. Any substance controlled under chapter 893; State Statutes 809 3. Any chemical substance set forth in s. 877.111; or (b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. (2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics. (3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate. 860.14 Motor vehicle parts and accessories; records of certain purchases. Every person engaged in the business of buying and selling parts and accessories for motor vehicles who purchases such parts and accessories from any person other than manufacturers, distributors, wholesalers, retailers, or other persons usually and regularly engaged in the business of selling such parts and accessories shall keep a daily record of all such parts and accessories so purchased, which record shall show the date and time of each purchase of such parts and accessories, the name and address of each person from whom such parts and accessories were purchased, the number of the driver's license of such person or, if such person does not have a driver's license, adequate information to properly identify such person, and a detailed description of the parts and accessories purchased from such person, which description shall include all serial and other identifying numbers, if any. Such records shall be retained for not less than 1 year and shall at all times be subject to the inspection of all police or peace officers. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 860.145 Airbag Antitheft Act (1) SHORT TITLE. This section may be cited as the "Airbag Antitheft Act." (2) DEFINITIONS. As used in this section, the term "airbag" means an inflatable restraint system that is designed to be installed and to operate in a motor vehicle to activate in the event of a crash; and the term "salvaged airbag" means an airbag that has been removed from a motor vehicle. (3) PURCHASE, SALE, OR INSTALLATION OF SALVAGED AIRBAGS; RECORDS. Any person engaged in the business of purchasing, selling, or installing salvaged airbags shall maintain a manual or electronic record of the purchase, sale, or installation, which must include the identification number of the salvaged airbag; the vehicle identification number of the vehicle from which the salvaged airbag was removed; the name, address, and driver's license number or other means of identification of the person from whom the salvaged airbag was purchased; and, in the event that the salvaged airbag is installed, the vehicle identification number of the vehicle into which the airbag is installed. Such record must be maintained for 36 months following the transaction and may be inspected during normal business hours by any law enforcement officer of this state or other authorized representative of the agency charged with administration of this section. Any person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the purchaser or consumer that the airbag is salvaged. Upon request, information within a portion of such record pertaining to a specific transaction must be provided to an insurer or consumer. (4) PROHIBITION; PENALTIES. (a) It is unlawful for any person to knowingly possess, sell, or install a stolen uninstalled airbag; a new or salvaged airbag from which the manufacturer's part identification number has been removed, altered, or defaced; or an airbag taken from a stolen motor vehicle. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who fails to maintain complete and accurate records, to prepare complete and accurate documents, to provide information within a portion of such record upon request, or to properly disclose that an airbag is salvaged, as required by this act, commits a misdemeanor of the first degree, punishable as provided in s. State Statutes 810 775.082 or s. 775.083. 860.146 Fake airbags; junk-filled airbag compartment. (1) As used in this section, the term: (a) “Airbag” means a motor vehicle inflatable occupant restraint system, including all component parts, such as the cover, sensors, controllers, inflators, and wiring, that is designed in accordance with federal safety regulations for a given make, model, and year of a vehicle. (b) “Counterfeit airbag” means an airbag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from said manufacturer. (c) “Fake airbag” means any item other than an airbag that was designed in accordance with federal safety regulations for a given make, model, and year of motor vehicle as part of a motor vehicle inflatable restraint system, including counterfeit or nonfunctioning airbags. (d) “Junk-filled airbag compartment” means an airbag compartment that is filled with any substance that does not function in the same manner or to the same extent as an airbag to protect vehicle occupants in a vehicle crash. The term does not include a compartment from which an airbag has deployed if there is no concealment of the deployment. (e) “Nonfunctional airbag” means a replacement airbag that: 1. Was previously deployed or damaged; 2. Has an electric fault that is detected by the vehicle airbag diagnostic system after the installation procedure is completed; or 3. Includes any part or object, including, but not limited to, a counterfeit or repaired airbag cover, installed in a motor vehicle to mislead the owner or operator of such motor vehicle into believing that a functional airbag has been installed. (2) It is unlawful for any person to knowingly import, manufacture, purchase, sell, offer for sale, install, or reinstall on a vehicle a fake airbag or junk-filled airbag compartment. Any person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.15 Overcharging for repairs and parts; penalty (1) It is unlawful for a person to knowingly charge for any services on motor vehicles which are not actually performed, to knowingly and falsely charge for any parts and accessories for motor vehicles not actually furnished, or to knowingly and fraudulently substitute parts when such substitution has no relation to the repairing or servicing of the motor vehicle. (2) Any person willfully violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) If the charges referred to in subsection (1) will be paid from the proceeds of a motor vehicle insurance policy, a person willfully violating the provisions of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.16 Aircraft piracy; penalty. Whoever without lawful authority seizes or exercises control, by force or violence and with wrongful intent, of any aircraft containing a nonconsenting person or persons within this state is guilty of the crime of aircraft piracy, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 860.17 Tampering with or interfering with motor vehicles or trailers. Whoever, without authority, willfully, maliciously, or intentionally tampers with, attempts to tamper with, or otherwise interferes with any motor vehicle or trailer of another which results in the cargo or contents of such motor vehicle or trailer becoming unloaded or damaged, or which results in the mechanical functions of such motor vehicle or trailer becoming inoperative or impaired, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent conviction of any person violating this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 860.20 Outboard motors; identification numbers (1) (a) The Department of Highway Safety and Motor Vehicles shall adopt rules specifying the locations and manner in which serial numbers for outboard motors shall be affixed. In adopting such rules, the department shall consider the adequacy of voluntary industry standards, the current state of technology, and the overall purpose State Statutes 811 of reducing vessel and motor thefts in the state. (b) Any outboard motor manufactured after October 1, 1985, which is for sale in the state shall comply with the serial number rules promulgated by the department. Any person, firm, or corporation which sells or offers for sale any outboard boat motor manufactured after October 1, 1985, which does not comply with this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) (a) It is unlawful for any person to possess any outboard boat motor with the knowledge that the serial number required by subsection (1) has been removed, erased, defaced, or otherwise altered to prevent identification. (b) It is unlawful for any person to knowingly possess, manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer's outboard motor serial number plate or decal used for the purpose of identification of any outboard motor; to authorize, direct, aid in exchange, or give away such counterfeit manufacturer's outboard motor serial number plate or decal; or to conspire to do any of the foregoing. (c) Any person who violates any provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) If any of the serial numbers required by this section to identify ownership of an outboard motor do not exist or have been removed, erased, defaced, or otherwise altered to prevent identification and its true identity cannot be determined, the outboard motor may be seized as contraband property by a law enforcement agency and shall be subject to forfeiture pursuant to ss. 932.701-932.704. Such outboard motor may not be sold or used to propel a vessel on the waters of the state unless the department is directed by written order of a court of competent jurisdiction to issue to the outboard motor a replacement identifying number which shall be affixed to the outboard motor and shall thereafter be used for identification purposes. 861.01 Obstructing highway. Whoever obstructs any public road or established highway by fencing across or into the same or by willfully causing any other obstruction in or to such road or highway, or any part thereof, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the judgment of the court shall also be that the obstruction be removed. 861.011 Obstructing transportation facility. Any person who obstructs any public transportation facility by fencing across or into it or by willfully causing any other obstruction in or to such transportation facility, or any part thereof, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and the judgment of the court shall also be that the obstruction be removed. 861.02 Obstructing watercourse. Whoever erects or fixes on any navigable watercourse any dam, bridge, hedge, seine, drag, or other obstruction, whereby the navigation of boats drawing 3 feet of water or the passage of fish may be obstructed, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083. 861.021 Obstructing channels; misdemeanor (1) It is unlawful for any person to place any spiny lobster, crab, or fish trap or set net or other similar device with a buoy or marker attached so that said buoy or marker obstructs the navigation of boats in channels of the waters of the state which are marked by, and which markers are continuously maintained by, the Coast Guard of the United States. (2) Any person willfully violating the provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 861.08 Obstructing county and settlement roads (1) Whoever shall fell, drag, or by any means place a tree, or other obstruction, in or across any county settlement or neighborhood road regularly used, or whoever causes such obstruction to be placed therein, shall remove the same from such road within 6 hours thereafter. (2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that this law shall not apply to pasture fences, gates, nor the improvement of private property. State Statutes 812 861.09 Certain vehicles prohibited from using hard-surfaced roads (1) It is unlawful for any person to drive, propel, or operate, or to have driven, propelled or operated, over the hard-surfaced public roads or parts of roads of this state any vehicle or implement having wheels that will carry more than 200 pounds per wheel for every vehicle having tires of 1 inch in width, or 500 pounds per wheel for every vehicle having tires of 2 inches in width, or 800 pounds per wheel for every vehicle having tires of 3 inches in width, or 1200 pounds per wheel for every vehicle having tires of 4 inches in width, or 1500 pounds per wheel for every vehicle having tires 5 inches in width, or that will carry any load greater than 6,000 pounds without first providing 1 inch of tire width per wheel for each additional 2,000 pounds, or fraction thereof, or to permit any vehicle or implement or any load or portion of load thereof to drag upon the surface of any hard-surfaced public road or parts of roads; provided, that nothing in this section shall be construed as prohibiting the use of roughened surfaces on rubber tires or on the wheels of farm implements weighing less than 1,000 pounds. (2) "Hard-surfaced public roads or parts of roads" as used in this section shall be construed to be brick, concrete, asphaltic, sand clay, sand, or bituminous surfaced roads which are maintained by county or state funds. (3) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 870.01 Affrays and riots (1) All persons guilty of an affray shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 870.02 Unlawful assemblies. If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 870.03 Riots and routs. If any persons unlawfully assembled demolish, pull down or destroy, or begin to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 870.04 Specified officers to disperse riotous assembly. If any number of persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in any county, city, or municipality, the sheriff or the sheriff’s deputies, or the mayor, or any commissioner, council member, alderman, or police officer of the city or municipality, or any officer or member of the Florida Highway Patrol, or any officer or agent of the Fish and Wildlife Conservation Commission, any beverage enforcement agent, any personnel or representatives of the Department of Law Enforcement or its successor, or any other peace officer, shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the state command all the persons so assembled immediately and peaceably to disperse. If such persons do not thereupon immediately and peaceably disperse, such officers shall command the assistance of all such persons in seizing, arresting, and securing such persons in custody. If any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, the person shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly. 870.041 Preservation of the public peace by local authority. In the event of overt acts of violence, or the imminent threat of such violence, within a county or municipality and the Governor has not declared a state of emergency to exist, local officers shall be empowered to declare such a state of emergency exists in accordance with the provisions of ss. 870.041 - 870.048. 870.042 Designation of local authority. (1) The sheriff of each of the several counties of this state, or such other county State Statutes 813 official having the duties of a sheriff in counties operating under home rule charter, by whatever name known, shall be empowered to declare that a state of emergency exists within the unincorporated areas of the county and to exercise the emergency powers conferred in ss. 870.041 - 870.047. (2) The governing body of any municipality within this state may designate by duly adopted ordinance a city official who shall be empowered to declare that a state of emergency exists within the boundaries of the municipality and to exercise the emergency powers conferred in ss. 870.041 - 870.047. The designated city official shall be either the mayor or chief of police or the person who performs the duties of a mayor or chief of police in such municipality. In the absence of a duly adopted ordinance so designating the official so to act, the chief of police of such municipality is designated as the city official to assume the duties and powers hereof. 870.043 Declaration of emergency. Whenever the sheriff or designated city official determines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a state of emergency exists within that jurisdiction or any part or parts thereof. 870.044 Automatic emergency measures. Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description. (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description. (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty. Nothing contained in this chapter shall be construed to authorize the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act. 870.045 Discretionary emergency measures. Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, he or she may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may deem appropriate: (1) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking, except for the provision of designated essential services such as fire, police, and hospital services, including the transportation of patients thereto, utility emergency repairs, and emergency calls by physicians. (2) The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor. (3) The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage. (4) The closing of places of public assemblage with designated exceptions. (5) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof. (6) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. Any such emergency measure so ordered and promulgated shall be in effect during the period of said emergency in the area or areas for which the emergency has been declared. 870.046 Filing and publication. Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of ss. 870.041 - 870.045 shall, as promptly as practicable, be filed in the office of the municipal clerk or clerk of State Statutes 814 the circuit court and delivered to appropriate news media for publication and radio and television broadcast thereof. If practicable, such state of emergency declaration or emergency measure shall be published by other means such as by posting and loudspeakers. 870.047 Duration and termination of emergency. A state of emergency established under ss. 870.041 - 870.046 shall commence upon the declaration thereof by the public official and shall terminate at the end of a period of 72 consecutive hours thereafter unless, prior to the end of such 72 hour period, the public official, the Governor, county commission, or city council shall have terminated such state of emergency. Any extension of the 72 hour time limit must be accomplished by request from the public official and the concurrence of the county commission or city council by duly enacted ordinance or resolution in regular or special session. 870.048 Violations. Any violation of a provision of ss. 870.041 - 870.047 or of any emergency measure established pursuant thereto shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 870.05 When killing excused. If, by reason of the efforts made by any of said officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or other person present is killed or wounded, the said officers and all persons acting by their order or under their direction, shall be held guiltless and fully justified in law; and if any of said officers or any person acting under or by their direction is killed or wounded, all persons so assembled and all other persons present who when commanded refused to aid and assist said officer shall be held answerable therefor. 870.06 Unauthorized military organizations. No body of persons, other than the regularly organized land and naval militia of this state, the troops of the United States, and the students of regularly chartered educational institutions where military science is a prescribed part of the course of instruction, shall associate themselves together as a military organization for drill or parade in public with firearms, in this state, without special license from the Governor for each occasion, and application for such license must be approved by the mayor and aldermen of the cities and towns where such organizations may propose to parade. Each person unlawfully engaging in the formation of such military organization, or participating in such drill or parade, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 871.01 Disturbing schools and religious and other assemblies. (1) Whoever willfully interrupts or disturbs any school or any assembly of people met for the worship of God or for any lawful purpose commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (2) Whoever willfully interrupts or disturbs any assembly of people met for the purpose of acknowledging the death of an individual with a military funeral honors detail pursuant to 10 U.S.C. s. 1491 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 871.015 Unlawful protests. (1) As used in this section, the term: (a) “Funeral or burial” means a service or ceremony offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated human remains. (b) “Funeral procession” has the same meaning as provided in s. 316.1974. (c) “Protest activities” means any action, including picketing, which is undertaken with the intent to interrupt or disturb a funeral or burial. (2) A person may not knowingly engage in protest activities or knowingly cause protest activities to occur within 500 feet of the property line of a residence, cemetery, funeral home, house of worship, or other location during or within 1 hour before or 1 hour after the conducting of a funeral or burial at that place. This subsection does not prohibit protest activities that occur adjacent to that portion of a funeral procession which extends beyond 500 feet of the property line of the location of the funeral or burial. (3) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. State Statutes 815 775.083. 872.02 Injuring or removing tomb or monument; disturbing contents of grave or tomb; penalties. (1) A person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she: (a) Willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead; or (b) Willfully destroys, mutilates, removes, cuts, breaks, or injures any tree, shrub, or plant placed or being within any such enclosure, except for a person performing routine maintenance and upkeep. (2) A person who willfully and knowingly excavates, exposes, moves, removes, or otherwise disturbs the contents of a grave or tomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to any person acting under the direction or authority of the Division of Historical Resources of the Department of State, to cemeteries operating under chapter 497, any cemeteries removing or relocating the contents of a grave or tomb as a response to a natural disaster, or to any person otherwise authorized by law to remove or disturb a tomb, monument, gravestone, burial mound, or similar structure, or its contents, as described in subsection (1). (4) For purposes of this section, the term “tomb” includes any mausoleum, columbarium, or belowground crypt. (5) Notwithstanding subsections (1) and (2), an owner, officer, employee, or agent of a cemetery exempt from regulation pursuant to s. 497.260 may relocate the contents of a grave or tomb: (a) After receiving a written authorization from a legally authorized person as defined in s. 497.005(43); or (b) After public notice is posted as required in this paragraph, if a legally authorized person cannot be located after conducting a reasonable search or after 75 years or more have elapsed since the date of entombment, interment, or inurnment. The public notice must be published once a week for 4 consecutive weeks in a newspaper of general circulation in the county where the cemetery is located. The public notice must contain the name of the cemetery; the name, address, and telephone number of the cemetery representative with whom objections may be filed; the reason for relocation of the contents of the graves or tombs; the names of the human remains to be relocated; the approximate date of the initial entombment, interment, or inurnment; the proposed site of relocation; and the proposed date of relocation. The proposed date of relocation may not be less than 30 days from last date of publication. If no objection from a legally authorized person is received within 30 days from the last date of publication of the public notice, the cemetery may proceed with relocation. (6) If a legally authorized person refuses to sign a written authorization, as provided in paragraph (5)(a), or if a legally authorized person objects, as provided in paragraph (5)(b), a public hearing shall be held before the county commission of the county where the cemetery is located, or the city council, if the cemetery is located in a municipality, and the county commission or the city council shall have the authority to grant a request for relocation of the contents of such graves or tombs. 872.06 Abuse of a dead human body; penalty. (1) As used in this section, the term "sexual abuse" means: (a) Anal or vaginal penetration of a dead human body by the sexual organ of a person or by any other object; (b) Contact or union of the penis, vagina, or anus of a person with the mouth, penis, vagina, or anus of a dead human body; or (c) Contact or union of a person's mouth with the penis, vagina, or anus of a dead human body. (2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for State Statutes 816 any other lawful purpose does not under any circumstance constitute a violation of this section. 874.03 Definitions. As used in this chapter: (1) “Criminal gang” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations and hate groups. (a) As used in this subsection, “ongoing” means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief. (b) As used in this subsection, “primary activities” means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages. (2) “Criminal gang associate” means a person who: (a) Admits to criminal gang association; or (b) Meets any single defining criterion for criminal gang membership described in subsection (3). (3) “Criminal gang member” is a person who meets two or more of the following criteria: (a) Admits to criminal gang membership. (b) Is identified as a criminal gang member by a parent or guardian. (c) Is identified as a criminal gang member by a documented reliable informant. (d) Adopts the style of dress of a criminal gang. (e) Adopts the use of a hand sign identified as used by a criminal gang. (f) Has a tattoo identified as used by a criminal gang. (g) Associates with one or more known criminal gang members. (h) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information. (i) Is identified as a criminal gang member by physical evidence. (j) Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings. (k) Has authored any communication indicating responsibility for the commission of any crime by the criminal gang. Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute. (4) “Criminal gang-related activity” means: (a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person’s own standing or position within a criminal gang; (b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang; (c) An activity that is identified as criminal gang activity by a documented reliable informant; or (d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information. (5) “Electronic communication” has the meaning provided in s. 934.02 and includes, but is not limited to, photographs, video, telephone communications, text messages, facsimile, electronic mail messages as defined in s. 668.602, and instant message real-time communications with other individuals through the Internet or other means. (6) “Hate group” means an organization whose primary purpose is to promote animosity, hostility, and malice against a person or persons or against the property of a person or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin. (7) “Terrorist organization” means any organized group engaged in or organized for the purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be construed to prevent prosecution under this chapter of individuals acting alone. 874.04 Gang-related offenses; enhanced penalties. Upon a finding by the factfinder that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or State Statutes 817 misdemeanor if committed by an adult, may be enhanced. Penalty enhancement affects the applicable statutory maximum penalty only. Each of the findings required as a basis for such sentence shall be found beyond a reasonable doubt. The enhancement will be as follows: (1) (a) A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree. (b) A misdemeanor of the first degree may be punished as if it were a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 1 of the offense severity ranking chart. The criminal gang multiplier in s. 921.0024 does not apply to misdemeanors enhanced under this paragraph. (2) (a) A felony of the third degree may be punished as if it were a felony of the second degree. (b) A felony of the second degree may be punished as if it were a felony of the first degree. (c) A felony of the first degree may be punished as if it were a life felony. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such felony offense is ranked as provided in s. 921.0022 or s. 921.0023, and without regard to the penalty enhancement in this subsection. 874.05 Causing, encouraging, soliciting, or recruiting criminal gang membership. (1) (a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) (a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A person who commits a second or subsequent violation of this subsection commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 874.06 Civil cause of action. (1) A person or organization establishing, by clear and convincing evidence, coercion, intimidation, threats, or other harm to that person or organization in violation of this chapter has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or equity. Upon prevailing, the plaintiff may recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation that are reasonably incurred. (2) (a) For purposes of this subsection, the term "state" includes any of the state's agencies, instrumentalities, subdivisions, or municipalities, and includes, but is not limited to, state attorneys and the Office of Statewide Prosecution of the Department of Legal Affairs. (b) In addition to any remedies provided for by ss. 60.05 and 823.05, the state has a civil cause of action against any person or organization if it proves by clear and convincing evidence that it has been injured by reason of a violation of this chapter by the person or organization. The state has a civil cause of action for treble damages, injunctive relief, or any other relief in law or equity which the court deems appropriate. If the state prevails, it may also recover attorney's fees in the trial and appellate courts and the costs of investigation and litigation that are reasonably incurred. The state may not recover punitive damages. The defendant is entitled to recover reasonable attorney's fees and court costs if the court finds that the state raised a claim that was without factual or legal support and was vexatious, frivolous, or brought in bad faith. (3) A prevailing plaintiff under subsection (1) has a right or claim that is superior to any right or claim that the state has in the same property or proceeds. (4) A person who knowingly violates a temporary or permanent order issued under this section or s. 60.05 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 874.08 Criminal gang activity and State Statutes 818 recruitment; forfeiture. All profits, proceeds, and instrumentalities of criminal gang activity and all property used or intended or attempted to be used to facilitate the criminal activity of any criminal gang or of any criminal gang member; and all profits, proceeds, and instrumentalities of criminal gang recruitment and all property used or intended or attempted to be used to facilitate criminal gang recruitment are subject to seizure and forfeiture under the Florida Contraband Forfeiture Act, s. 932.704. 874.10 Directing the activities of a criminal gang. Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. 874.11 Electronic communication. Any person who, for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, uses electronic communication to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, such activities as distributing, selling, transmitting, or posting on the Internet any audio, video, or still image of criminal activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 874.12 Identification documents; unlawful possession or creation. (1) For purposes of this section, the term "identification document" includes, but is not limited to, a social security card or number, a birth certificate, a driver's license, an identification card issued pursuant to s. 322.051, a naturalization certificate, an alien registration number, a passport, and any access credentials for a publicly operated facility or an infrastructure facility covered under 18 U.S.C. s. 2332f. (2) Any person possessing or manufacturing any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document for the purpose of benefiting, promoting, or furthering the interests of a criminal gang commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.11 Public place defined. For the purpose of ss. 876.11 - 876.21 the term "public place" includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority. 876.12 Wearing mask, hood, or other device on public way. No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state. 876.13 Wearing mask, hood, or other device on public property. No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state. 876.14 Wearing mask, hood, or other device on property of another. No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state. 876.15 Wearing mask, hood, or other device at demonstration or meeting. No person or persons over 16 years of age, shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do. 876.155 Applicability; ss. 876.12 - 876.15. The provisions of ss. 876.12 - 876.15 apply only if the person was wearing the mask, State Statutes 819 hood, or other device: (1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws; (2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of the person's exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law; (3) With the intent to intimidate, threaten, abuse, or harass any other person; or (4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding. 876.16 Sections 876.11- 876.15; exemptions. The following persons are exempted from the provisions of ss. 876.11 - 876.15: (1) Any person or persons wearing traditional holiday costumes; (2) Any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession; (3) Any person or persons using masks in theatrical productions, including use in Gasparilla celebrations and masquerade balls; (4) Persons wearing gas masks prescribed in emergency management drills and exercises. 876.17 Placing burning or flaming cross in public place. It shall be unlawful for any person or persons to place or cause to be placed in a public place in the state a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part. 876.18 Placing burning or flaming cross on property of another. It shall be unlawful for any person or persons to place or cause to be placed on the property of another in the state a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or part without first obtaining written permission of the owner or occupier of the premises to so do. Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 876.19 Exhibits that intimidate. It shall be unlawful for any person or persons to place, or cause to be placed, anywhere in the state any exhibit of any kind whatsoever with the intention of intimidating any person or persons, to prevent them from doing any act which is lawful, or to cause them to do any act which is unlawful. 876.20 Wearing mask and placing exhibit to intimidate. It shall be unlawful for any person or persons while wearing a mask or any device whereby the face is so covered as to conceal the identity of the wearer to place, or to cause to be placed, at, on, or in any place any exhibit of any kind whatsoever. 876.21 Sections 876.11-876.20; penalty. Any person or persons violating ss. 876.11-876.20, except as provided in s. 876.18, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 876.22 Subversive activities law; definitions. As used in ss. 876.23-876.31: (1) "Organizations" means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects. (2) "Subversive organization" means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, the constitution or government of the state, or of any political subdivision of either of them, by revolution, force, violence, or other unlawful means. (3) "Foreign subversive organization" means any organization directed, dominated, or State Statutes 820 controlled, directly or indirectly, by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual. (4) "Foreign government" means the government of any country, nation, or group of nations other than the Government of the United States or of one of the states thereof. (5) "Subversive person" means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises, or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or who is a member of a subversive organization or a foreign subversive organization. 876.23 Subversive activities unlawful; penalty. (1) It shall be a felony for any person knowingly and willfully to: (a) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, to assist the overthrow or destruction of the constitutional form of the Government of the United States, or of the state, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or (b) Advocate, abet, advise, or teach by any means any person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of this state, or of any political subdivision of either of them; or (c) Conspire with one or more persons to commit any such act; or (d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing said organization to be a subversive organization or a foreign subversive organization; or (e) Destroy any books, records, or files, or secrete any funds in this state of a subversive organization or a foreign subversive organization, knowing said organization to be such. (2) Any person who violates any of the provisions of this section shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.24 Membership in subversive organization; penalty. It shall be unlawful for any person after the effective date of this law to become or after July 1, 1953, to remain a member of a subversive organization or a foreign subversive organization knowing said organization to be a subversive organization or foreign subversive organization. Any person convicted of violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.26 Unlawful for subversive organizations to exist or function. It shall be unlawful for any subversive organization or foreign subversive organization to exist or function in the state and any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing under the laws of the state, a finding by a court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be forfeited, and all funds, books, records, and files of every kind and all other property of any organization found to have violated the provisions of this section shall be seized by and for the state, the funds to be deposited in the State Treasury, and the books, records, files, and other property to be turned over to the Attorney General of Florida. 876.27 Enforcement of ss. 876.22-876.31. The Department of Legal Affairs, all state attorneys, the Department of State, and all law enforcement officers of this state shall each be charged with the duty of enforcing State Statutes 821 the provisions of ss. 876.22-876.31. 876.28 Grand jury to investigate violations of ss. 876.22-876.31. The judge of any court exercising general criminal jurisdiction when in his or her discretion it appears appropriate, or when informed by the Department of Legal Affairs that there is information or evidence of the character described in s. 876.27 to be considered by the grand jury, shall charge the grand jury to inquire into violations of ss. 876.22-876.31 for the purpose of proper action, and further to inquire generally into the purposes, processes, activities, and any other matters affecting communism or any related or other subversive organizations, associations, groups, or persons. 876.31 Short title; ss. 876.22-876.30. Sections 876.22-876.30 may be cited as the "Subversive Activities Law." 876.32 Treason. Treason against the state shall consist only in levying war against the same, or in adhering to the enemies thereof, or giving them aid and comfort. Whoever commits treason against this state shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.33 Misprision of treason. Whoever having knowledge of the commission of treason conceals the same and does not, as soon as may be, disclose and make known such treason to the Governor or one of the justices of the Supreme Court or a judge of the circuit court, shall be judged guilty of the offense of misprision of treason, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.34 Combination to usurp government. If two or more persons shall combine by force to usurp the government of this state, or to overturn the same, or interfere forcibly in the administration of the government or any department thereof, the person so offending shall be guilty of a felony of the second degree and punished as provided in s. 775.082, s. 775.083, or s. 775.084. 876.35 Combination against part of the people of the state.--If two or more persons shall combine to levy war against any part of the people of this state, or to remove them forcibly out of this state, or to remove them from their habitations to any other part of the state by force, or shall assemble for that purpose, every person so offending shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.36 Inciting insurrection. If any person shall incite an insurrection or sedition amongst any portion or class of the population of this state, or shall attempt by writing, speaking, or by any other means to incite such insurrection or sedition, the person so offending shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 876.37 Sabotage prevention law; definitions. As used in ss. 876.37-876.50: (1) "Highway" includes any private or public street, way, or other place used for travel to or from property. (2) "Highway commissioners" means any individual, board, or other body having authority under then-existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. (3) "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated for public use. 876.38 Intentional injury to or interference with property. Whoever intentionally destroys, impairs, or injures, or interferes or tampers with, real or personal property and such act hinders, delays, or interferes with the preparation of the United States, any country with which the United States shall then maintain friendly relations, or any of the states for defense or for war, or with the prosecution of war by the United States, is guilty of a life felony, punishable as provided in s. 775.082. 876.39 Intentionally defective workmanship. Whoever intentionally makes or causes to be made or omits to note on inspection any defect in any article or thing with reasonable grounds to believe that such article or thing is intended to be used in connection with the preparation of the United States or of any country with which the United States shall then maintain friendly relations, or any of the states for defense or for war, or for the prosecution of State Statutes 822 war by the United States, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; provided, if such person so acts or so fails to act with the intent to hinder, delay or interfere with the preparation of the United States or of any country with which the United States shall then maintain friendly relations, or of any of the states for defense or for war, or with the prosecution of war by the United States, the minimum punishment shall be imprisonment in the state prison for not less than 1 year. 876.40 Attempts. Whoever attempts to commit any of the crimes defined by this law shall be liable to one-half the punishment by imprisonment, or by fine, or both, as prescribed in s. 876.39 hereof. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this law not followed by the commission of the crime, the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure, or other premises of another with the intent to commit any such crime therein or thereon shall constitute an attempt to commit such crime. 876.41 Conspirators. If two or more persons conspire to commit any crime defined by this law, each of such persons is guilty of conspiracy and subject to the same punishment as if he or she had committed the crime which he or she conspired to commit, whether or not any act be done in furtherance of the conspiracy. It shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section, that any of his or her fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction. 876.42 Witnesses' privileges. No person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, referee, or grand jury upon any investigation, proceeding, or trial, for or relating to or concerned with a violation of any section of this law or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required by the state may tend to convict the person of a crime or to subject him or her to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against the person, upon any criminal investigation, proceeding, or trial, except upon a prosecution for perjury or contempt of court, based upon the giving or producing of such testimony. 876.43 Unlawful entry on property. Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States, or of any country with which the United States shall then maintain friendly relations, or of any of the states for defense or for war or in the prosecution of war by the United States, or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around her or his or its property at each gate, entrance, dock or railway entrance and every 100 feet of waterfront a sign reading "No Entry Without Permission." Whoever without permission of such owner shall willfully enter upon premises so posted shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 876.44 Questioning and detaining suspected persons. Any peace officer or any other person employed as a person who watches or guards or in a supervisory capacity on premises posted as provided in s. 876.43 may stop any person found on any premises to which entry without State Statutes 823 permission is forbidden by s. 876.43 and may detain the person for the purpose of demanding, and may demand, of the person, his or her name, address and business in such place. If said peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, said peace officer shall forthwith release such person or he or she may arrest such person without a warrant on the charge of violating the provisions of s. 876.43; and said employee shall forthwith release such person or turn him or her over to a peace officer, who may arrest the person without a warrant on the charge of violating the provisions of s. 876.43. 876.45 Closing and restricting use of highway. (1) Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage of any product to be used in the preparation of the United States, or of any country with which the United States shall then maintain friendly relations or any of the states for defense or for war or in the prosecution of war by the United States, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, who has property so used which he or she or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the highway commissioners of any city, town or county to close one or more of said highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of said highways or parts thereof. (2) Upon receipt of such petition, the highway commissioners shall set a day for hearing and give notice thereof by publication in a newspaper having general circulation in the city, town or county in which such property is located, such notice to be at least 7 days prior to the date set for hearing. If after hearing the highway commissioners determine that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use of and travel upon one or more of said highways or parts thereof; provided, the highway commissioners may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions and in such form as said commissioners may prescribe. Appropriate notices in letters at least 3 inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. The highway commissioners may at any time revoke or modify any order so made. 876.46 Penalty for going upon closed or restricted highway. Whoever violates any order made under s. 876.45 shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 876.47 Rights of labor. Nothing in this law shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 876.48 Relation to other statutes. All laws and parts of laws inconsistent with ss. 876.37-876.51 are hereby suspended in their application to any proceedings under said sections. If conduct prohibited by said sections is also made unlawful by another or other laws, the offender may be convicted for the violation of said sections or of any other law or laws. 876.49 Construction. Sections 876.37-876.51 shall be construed to the end that the greatest force and effect may be given to its provisions for the promotion of national and state safety. 876.50 Effective period of law. All orders made under the provision of ss. 876.37-876.51 shall be in full force whenever the United States is at war; provided, any violation of said sections, committed while they are in force, may be prosecuted and punished thereafter, whether or not said sections are in force at the time of such prosecution and punishment. State Statutes 824 876.51 Short title. Sections 876.37-876.51 may be cited as the "Florida Sabotage Prevention Law." 1876.52 Public mutilation of flag. Whoever publicly mutilates, defaces, or tramples upon or burns with intent to insult any flag, standard, colors, or ensign of the United States or of Florida shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Note1: Some case law suggests a First Amendment conflict and Courts frequently make interpretations, the editors suggest filing cases with State Attorneys Office. 877.02 Solicitation of legal services or retainers therefor; penalty. (1) It shall be unlawful for any person or her or his agent, employee or any person acting on her or his behalf, to solicit or procure through solicitation either directly or indirectly legal business, or to solicit or procure through solicitation a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal service, or to make it a business to solicit or procure such business, retainers or agreements; provided, however, that nothing herein shall prohibit or be applicable to banks, trust companies, lawyer reference services, legal aid associations, lay collection agencies, railroad companies, insurance companies and agencies, and real estate companies and agencies, in the conduct of their lawful businesses, and in connection therewith and incidental thereto forwarding legal matters to attorneys at law when such forwarding is authorized by the customers or clients of said businesses and is done pursuant to the canons of legal ethics as pronounced by the Supreme Court of Florida. (2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, for a person authorized to furnish bail bonds, investigators, photographers, insurance or public adjusters, or for a general or other contractor as defined in s. 489.105 or other business providing sinkhole remediation services, to communicate directly or indirectly with any attorney or person acting on said attorney's behalf for the purpose of aiding, assisting, or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services. (3) Any person violating any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect. 877.03 Breach of the peace; disorderly conduct. Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 877.04 Tattooing prohibited; penalty. (1) It is unlawful for any person to tattoo the body of any human being; except that tattooing may be performed by a person licensed to practice medicine or dentistry under chapters 458 and 459 or chapter 466, or by a person under his or her general supervision as defined by the Board of Medicine. (2) Any person who violates the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) No body of a minor shall be tattooed without the written notarized consent of the parent or legal guardian. 877.08 Coin-operated vending machines and parking meters; defined; prohibited acts, penalties. (1) A “coin-operated vending machine” or “parking meter,” for the purposes of this act, is defined to be any machine, contrivance, or device that is adapted for use in such a way that, as the result of the insertion of any piece of money, coin, or other object, the machine, contrivance, parking meter, or device is caused to operate or may be operated and by reason of such operation the user may become entitled to receive any food, drink, telephone or telegraph service, insurance protection, parking privilege or any other personal property, service, protection, right or privilege of any kind or State Statutes 825 nature whatsoever. (2) Whoever maliciously or mischievously molests, opens, breaks, injures, damages, or inserts any part of her or his body or any instrument into any coin-operated vending machine or parking meter of another, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Whoever molests, opens, breaks, injures, damages, or inserts any part of her or his body or any instrument into any coin-operated vending machine or parking meter of another with intent to commit larceny is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whoever violates subsection (3) a second or subsequent time commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 877.111 Inhalation, ingestion, possession, sale, purchase, or transfer of harmful chemical substances; penalties. (1) It is unlawful for any person to inhale or ingest, or to possess with intent to breathe, inhale, or drink, any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate, cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar substance for the purpose of inducing a condition of intoxication or which distorts or disturbs the auditory, visual, or mental processes. This section does not apply to the possession and use of these substances as part of the care or treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, part I of chapter 464, or chapter 466 or to beverages controlled by the provisions of chapter 561, chapter 562, chapter 563, chapter 564, or chapter 565. (2) It is unlawful for any person to possess, buy, sell, or otherwise transfer any chemical substance specified in subsection (1) for the purpose of inducing or aiding any other person to violate the provisions of subsection (1). (3) Except as provided in subsection (4) with respect to nitrous oxide, any person who violates subsection (1) or subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Any person who knowingly distributes, sells, purchases, transfers, or possesses more than 16 grams of nitrous oxide commits a felony of the third degree which shall be known as unlawful distribution of nitrous oxide, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, in addition to proving by any other means that nitrous oxide was knowingly possessed, distributed, sold, purchased, or transferred, proof that any person discharged, or aided another in discharging, nitrous oxide to inflate a balloon or any other object suitable for subsequent inhalation creates an inference of the person’s knowledge that the nitrous oxide’s use was for an unlawful purpose. This subsection does not apply to the possession and use of nitrous oxide as part of the care and treatment of a disease or injury by a practitioner licensed under chapter 458, chapter 459, chapter 464, chapter 466, or chapter 474; as a food processing propellant; as a semiconductor oxidizer; as an analytical chemistry oxidizer in atomic absorption spectrometry; in the production of chemicals used to inflate airbags; as an oxidizer for chemical production, combustion, or jet propulsion; or as a motor vehicle induction additive when mixed with sulphur dioxide. (5) Any person who violates any of the provisions of this section may, in the discretion of the trial judge, be required to participate in a substance abuse services program approved or regulated by the Department of Children and Families pursuant to the provisions of chapter 397, provided the director of the program approves the placement of the defendant in the program. Such required participation may be imposed in addition to, or in lieu of, any penalty or probation otherwise prescribed by law. However, the total time of such penalty, probation, and program participation shall not exceed the maximum length of sentence possible for the offense. 877.112 Nicotine products and nicotine dispensing devices; prohibitions for minors; penalties; civil fines; signage requirements; preemption. (1) DEFINITIONS. As used in this section, the term: (a) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce State Statutes 826 vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product. (b) “Nicotine product” means any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a: 1. Tobacco product, as defined in s. 569.002; 2. Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act; or 3. Product that contains incidental nicotine. (c) “Self-service merchandising” means the open display of nicotine products or nicotine dispensing devices, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the retailer or the retailer’s owner, employee, or agent. An open display of such products and devices includes the use of an open display unit. (2) PROHIBITIONS ON SALE TO MINORS. It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any nicotine product or a nicotine dispensing device. (3)PROHIBITIONS ON GIFTING SAMPLES TO MINORS. The gift of a sample nicotine product or nicotine dispensing device to any person under the age of 18 by a retailer of nicotine products or nicotine dispensing devices, or by an employee of such retailer, is prohibited. (4) PENALTIES. Any person who violates subsection (2) or subsection (3) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violates subsection (2) or subsection (3) for a second or subsequent time within 1 year of the first violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) AFFIRMATIVE DEFENSES. A person charged with a violation of subsection (2) or subsection (3) has a complete defense if, at the time the nicotine product or nicotine dispensing device was sold, delivered, bartered, furnished, or given: (a) The buyer or recipient falsely evidenced that she or he was 18 years of age or older; (b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; and (c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Armed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older. (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES BY MINORS. It is unlawful for any person under 18 years of age to knowingly possess any nicotine product or a nicotine dispensing device. Any person under 18 years of age who violates this subsection commits a noncriminal violation as defined in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco and nicotine program, if locally available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person’s driver license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (7) PROHIBITION ON MISREPRESENTING AGE. It is unlawful for any person under 18 years of age to misrepresent his or her age or military service for the purpose of inducing a retailer of nicotine products or nicotine dispensing devices or an agent or employee of such retailer to sell, give, barter, furnish, or deliver any nicotine product or nicotine dispensing device, or to purchase, or attempt to purchase, any nicotine product or nicotine dispensing State Statutes 827 device from a person or a vending machine. Any person under 18 years of age who violates this subsection commits a noncriminal violation as defined in s. 775.08(3), punishable by: (a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco and nicotine program, if available; (b) For a second violation within 12 weeks of the first violation, a $25 fine; or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person’s driver license or driving privilege, as provided in s. 322.056. Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation. (8) PENALTIES FOR MINORS. (a) A person under 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco and nicotine program, if locally available. If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court appearance is mandatory, within 30 days after the date of the hearing. (b) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine. The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed. If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (6) or subsection (7). A person who participates in community service shall be considered an employee of the state for the purpose of chapter 440, for the duration of such service. (c) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (6)(a) or paragraph (7)(a), or attend a school-approved anti-tobacco and nicotine program, if locally available, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 30 consecutive days. (d) If a person under 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (6)(b) or paragraph (7)(b), the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 45 consecutive days. (9) DISTRIBUTION OF CIVIL FINES. Eighty percent of all civil penalties received by a county court pursuant to subsections (6) and (7) shall be remitted by the clerk of the court to the Department of Revenue for transfer to the Department of Education to provide for teacher training and for research and evaluation to reduce and prevent the use of tobacco products, nicotine products, or nicotine dispensing devices by children. The remaining 20 percent of civil penalties received by a county court pursuant to this section shall remain with the clerk of the county court to cover administrative costs. (10) SIGNAGE REQUIREMENTS FOR RETAILERS OF NICOTINE PRODUCTS AND NICOTINE DISPENSING DEVICES. (a) Any retailer that sells nicotine products or nicotine dispensing devices shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following: THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. (b) A retailer that sells nicotine products or nicotine dispensing devices shall provide at the checkout counter in a location clearly visible to the retailer or the retailer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase nicotine products or nicotine dispensing devices. This point of sale material must contain substantially the following language: IF YOU WERE NOT BORN BEFORE THIS DATE (insert date and applicable year) YOU CANNOT BUY NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES. In lieu of a calendar a retailer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to State Statutes 828 purchase nicotine products or nicotine dispensing devices. (11) SELF-SERVICE MERCHANDISING PROHIBITED. (a) A retailer that sells nicotine products or nicotine dispensing devices may not sell, permit to be sold, offer for sale, or display for sale such products or devices by means of self-service merchandising. (b) A retailer that sells nicotine products or nicotine dispensing devices may not place such products or devices in an open display unit unless the unit is located in an area that is inaccessible to customers. (c) Paragraphs (a) and (b) do not apply to an establishment that prohibits persons under 18 years of age on the premises. (12) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES. (a) In order to prevent persons under 18 years of age from purchasing or receiving nicotine products or nicotine dispensing devices, the sale or delivery of such products or devices is prohibited, except: 1. When under the direct control, or line of sight where effective control may be reasonably maintained, of the retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee; or 2. Sales from a vending machine are prohibited under subparagraph 1. and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product or nicotine dispensing device. The lockout device must include a mechanism to prevent the machine from functioning, if the power source for the lockout device fails or if the lockout device is disabled, and a mechanism to ensure that only one nicotine product or nicotine dispensing device is dispensed at a time. (b) Paragraph (a) does not apply to an establishment that prohibits persons under 18 years of age on the premises. (c) A retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee may require proof of age of a purchaser of such products or devices before selling the product or device to that person. 877.13 Educational institutions or school boards; penalty for disruption (1) It is unlawful for any person: (a) Knowingly to disrupt or interfere with the lawful administration or functions of any educational institution, school board, or activity on school board property in this state. (b) Knowingly to advise, counsel, or instruct any school pupil or school employee to disrupt any school or school board function, activity on school board property, or classroom. (c) Knowingly to interfere with the attendance of any other school pupil or school employee in a school or classroom. (d) To conspire to riot or to engage in any school campus or school function disruption or disturbance which interferes with the educational processes or with the orderly conduct of a school campus, school, or school board function or activity on school board property. (2) This section shall apply to all educational institutions, school boards, and functions or activities on school board property; however, nothing herein shall deny public employees the opportunity to exercise their rights pursuant to part II of chapter 447. (3) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 877.15 Failure to control or report dangerous fire. Any person who knows, or has reasonable grounds to believe, that a fire is endangering the life or property of another, and who fails to take reasonable measures to put out or control the fire when the person can do so without substantial risk to himself or herself, or who fails to give a prompt fire alarm, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, if: (1) The person knows that he or she is under an official, contractual, or other legal duty to control or combat the fire; or (2) The fire was started lawfully by the person or with his or her assent and was started on property in his or her custody or control. 877.155 Report of initial treatment of burn injuries; penalty for failure to report. State Statutes 829 (1) Any person who initially treats or is requested to treat a person with second-degree or third-degree burn injuries affecting 10 percent or more of the surface area of his or her body shall immediately report such treatment to the local sheriff's department if the treating person determines that the burns were caused by a flammable substance and if the treating person suspects the injury is a result of violence or unlawful activity. The report shall state the name and address of the injured person and the extent of his or her injuries. This section does not apply to burn injuries received by a member of the armed forces, or by a governmental employee, engaged in the performance of his or her duties. (2) Any person who willfully fails to make the report required by subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 877.18 Identification card or document purporting to contain applicant's age or date of birth; penalties for failure to comply with requirements for sale or issuance. (1) It is unlawful for any person, except a governmental agency or instrumentality, to sell or issue, or to offer to sell or issue, in this state any identification card or document purporting to contain the age or date of birth of the person in whose name it was issued, unless: (a) Prior to selling or issuing such card or document, the person has first obtained from the applicant and retains for a period of 3 years from the date of sale: 1. An authenticated or certified copy of proof of age as provided in s. 1003.21(4); and 2. A notarized affidavit from the applicant attesting to the applicant's age and that the proof-of-age document required by subparagraph 1. is for such applicant. (b) Prior to offering to sell such cards in this state, the person has included in any offer for sale of identification cards or documents that such cards cannot be sold or issued without the applicants' first submitting the documents required by paragraph (a). (c) The identification card or document contains the business name and street address of the person selling or issuing such card or document. (2) For the purposes of this section, the term "offer to sell" includes every inducement, solicitation, attempt, or printed or media advertisement to encourage a person to purchase an identification card. (3) All records required to be maintained by this section shall be available for inspection without warrant upon reasonable demand by any law enforcement officer, including, but not limited to, a state attorney investigator or an investigator for the Division of Alcoholic Beverages and Tobacco. (4) A person who violates the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to produce the documents required by subsection (1), upon lawful request therefor, is prima facie evidence of a violation of this section. (5) The state attorney for any county in which a violation of this section occurs or the Attorney General may enjoin any sale or offer for sale in violation of this section by temporary and permanent injunction by application to any court of competent jurisdiction. 877.20 Local juvenile curfew ordinances; legislative intent. It is the intent of the Legislature to protect minors in this state from harm and victimization, to promote the safety and well being of minors in this state, to reduce the crime and violence committed by minors in this state, and to provide counties and municipalities with the option of adopting a local juvenile curfew ordinance by incorporating by reference the provisions of ss. 877.20 - 877.25. 877.21 Sections 877.20 - 877.25; definitions. As used in ss. 877.20 - 877.25, the term: (1) "Emergency" means an unforeseen combination of circumstances which results in a situation that requires immediate attention to care for or prevent serious bodily injury, loss of life, or significant property loss. The term includes, but is not limited to, a fire, a natural disaster, or an automobile accident. (2) "Establishment" means a privately owned place of business to which the public is invited, including, but not limited to, a place of amusement or a place of entertainment. (3) "Minor" means any person under 16 years of age. (4) "Parent" means a person who has legal custody of a minor as a: State Statutes 830 (a) Natural or adoptive parent. (b) Legal guardian. (c) Person who stands in loco parentis to the minor. (d) Person who has legal custody of the minor by order of the court. (5) "Public place" means a place to which the public has access, including, but not limited to, streets, highways, public parks, and the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities, and shops. (6) "Remain" means to stay unnecessarily in a particular place. 877.22 Minors prohibited in public places and establishments during certain hours; penalty; procedure (1) (a) A minor may not be or remain in a public place or establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a legal holiday. (b) A minor may not be or remain in a public place or establishment between the hours of 12:01 a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays. (2) A minor who has been suspended or expelled from school may not be or remain in a public place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to 2:00 p.m. during any school day. (3) A minor who violates this section shall receive a written warning for her or his first violation. A minor who violates this section after having received a prior written warning is guilty of a civil infraction and shall pay a fine of $50 for each violation. (4) If a minor violates a curfew and is taken into custody, the minor shall be transported immediately to a police station or to a facility operated by a religious, charitable, or civic organization that conducts a curfew program in cooperation with a local law enforcement agency. After recording pertinent information about the minor, the law enforcement agency shall attempt to contact the parent of the minor and, if successful, shall request that the parent take custody of the minor and shall release the minor to the parent. If the law enforcement agency is not able to contact the minor’s parent within 2 hours after the minor is taken into custody, or if the parent refuses to take custody of the minor, the law enforcement agency may transport the minor to her or his residence or proceed as authorized under part IV of chapter 39. 877.24 Non-application of s. 877.22. Section 877.22 does not apply to a minor who is: (1) Accompanied by his or her parent or by another adult authorized by the minor's parent to have custody of the minor. (2) Involved in an emergency or engaged, with his or her parent's permission, in an emergency errand. (3) Attending or traveling directly to or from an activity that involves the exercise of rights protected under the First Amendment of the United States Constitution. (4) Going directly to or returning directly from lawful employment, or who is in a public place or establishment in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged. (5) Returning directly home from a school sponsored function, a religious function, or a function sponsored by a civic organization. (6) On the property of, or on the sidewalk of, the place where the minor resides, or who is on the property or sidewalk of an adult next-door neighbor with that neighbor's permission. (7) Engaged in interstate travel or bona fide intrastate travel with the consent of the minor's parent. (8) Attending an organized event held at and sponsored by a theme park or entertainment complex as defined in s. 509.013(9). 877.25 Local ordinance required; effect. Sections 877.20 - 877.24 do not apply in a county or municipality unless the governing body of the county or municipality adopts an ordinance that incorporates by reference the provisions of ss. 877.20 - 877.24. Sections 877.20 - 877.24 do not preclude county or municipal ordinances regulating the presence of minors in public places and establishments which provide restrictions more stringent or less stringent than the curfew imposed under s. 877.22. 877.26 Direct observation, videotaping, or visual surveillance of customers in merchant's dressing room, etc., prohibited; penalties. (1) It is unlawful for any merchant to directly observe or make use of video cameras or other visual surveillance devices to observe or record customers in the merchant's dressing room, fitting room, changing room, State Statutes 831 or restroom when such room provides a reasonable expectation of privacy. However, a merchant may directly observe a customer from outside such room if the observation is within the scope of the merchant's duties and the observation does not otherwise violate s. 810.14 or s. 810.145 or if the customer invites or consents to the presence of the merchant in the room. (2) As used in this subsection, the term "merchant" means an owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator, of any premises or apparatus used for retail purchase or sale of any merchandise. (3) Any merchant who violates subsection (1) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 877.27 Unauthorized transmissions to, or interference with, a public or commercial radio station licensed by the Federal Communications Commission prohibited; penalties. (1) A person may not: (a) Make, or cause to be made, a radio transmission in this state unless the person obtains a license or an exemption from licensure from the Federal Communications Commission under 47 U.S.C. s. 301, or other applicable federal law or regulation; or (b) Do any act, whether direct or indirect, to cause an unlicensed radio transmission to, or interference with, a public or commercial radio station licensed by the Federal Communications Commission or to enable the radio transmission or interference to occur. (2) A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 893.02 Definitions. The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: (1) “Administer” or “administration” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal. (2) “Cannabinoid receptor agonist” means a chemical compound or substance that, according to scientific or medical research, study, testing, or analysis demonstrates the presence of binding activity at one or more of the CB1 or CB2 cell membrane receptors located within the human body. (3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include “low-THC cannabis,” as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986. (4) “Controlled substance” means any substance named or described in Schedules I-V of s. 893.03. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of such substances are drug abuse laws. (5) “Cultivating” means the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance. (6) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (7) “Dispense” means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user. (8) “Distribute” means to deliver, other than by administering or dispensing, a controlled substance. (9) “Distributor” means a person who distributes. (10) “Department” means the Department of Health. (11) “Homologue” means a chemical compound in a series in which each compound differs by one or more repeating hydrocarbon functional group units at any single point within the compound. (12) “Hospital” means an institution for the care and treatment of the sick and injured, licensed pursuant to the provisions of chapter 395 or owned or operated by the state or Federal Government. (13) “Laboratory” means a laboratory approved by the Drug Enforcement Administration as proper to be entrusted with the custody of controlled substances for State Statutes 832 scientific, medical, or instructional purposes or to aid law enforcement officers and prosecuting attorneys in the enforcement of this chapter. (14) “Listed chemical” means any precursor chemical or essential chemical named or described in s. 893.033. (15) (a) “Manufacture” means the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance by: 1. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice. 2. A practitioner, or by his or her authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale. (b) “Manufacturer” means and includes every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to manufacturers of patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition. (16) “Mixture” means any physical combination of two or more substances, including, but not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage unit, whether or not such combination can be separated into its components by physical means, whether mechanical or thermal. (17) “Nitrogen-heterocyclic analog” means an analog of a controlled substance which has a single carbon atom in a cyclic structure of a compound replaced by a nitrogen atom. (18) “Patient” means an individual to whom a controlled substance is lawfully dispensed or administered pursuant to the provisions of this chapter. (19) “Pharmacist” means a person who is licensed pursuant to chapter 465 to practice the profession of pharmacy in this state. (20) “Positional isomer” means any substance that possesses the same molecular formula and core structure and that has the same functional group or substituent as those found in the respective controlled substance, attached at any positions on the core structure, but in such manner that no new chemical functionalities are created and no existing chemical functionalities are destroyed relative to the respective controlled substance. Rearrangements of alkyl moieties within or between functional groups or substituents, or divisions or combinations of alkyl moieties, which do not create new chemical functionalities or destroy existing chemical functionalities, are allowed and include resulting compounds that are positional isomers. As used in this definition, the term “core structure” means the parent molecule that is the common basis for the class that includes, but is not limited to, tryptamine, phenethylamine, or ergoline. Examples of rearrangements resulting in creation or destruction of chemical functionalities, and therefore resulting in compounds that are not positional isomers, include, but are not limited to, ethoxy to alpha-hydroxyethyl, hydroxy and methyl to methoxy, or the repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine. Examples of rearrangements resulting in compounds that would be positional isomers, include, but are not limited to, tert-butyl to sec-butyl, methoxy and ethyl to isopropoxy, N,N-diethyl to N-methyl-N-propyl, or alpha-methylamino to N-methylamino. (21) “Possession” includes temporary possession for the purpose of verification or testing, irrespective of dominion or control. (22) “Potential for abuse” means that a substance has properties of a central nervous system stimulant or depressant or an hallucinogen that create a substantial likelihood of its being: (a) Used in amounts that create a hazard to the user’s health or the safety of the community;. (b) Diverted from legal channels and distributed through illegal channels; or. (c) Taken on the user’s own initiative rather than on the basis of professional medical advice. Proof of potential for abuse can be based upon a showing that these activities are already taking place, or upon a showing that State Statutes 833 the nature and properties of the substance make it reasonable to assume that there is a substantial likelihood that such activities will take place, in other than isolated or occasional instances. (23) “Practitioner” means a physician licensed under chapter 458, a dentist licensed under chapter 466, a veterinarian licensed under chapter 474, an osteopathic physician licensed under chapter 459, an advanced registered nurse practitioner certified under chapter 464, a naturopath licensed under chapter 462, a certified optometrist licensed under chapter 463, a psychiatric nurse as defined in s. 394.455, a podiatric physician licensed under chapter 461, or a physician assistant licensed under chapter 458 or chapter 459, provided such practitioner holds a valid federal controlled substance registry number. (24) “Prescription” includes any order for drugs or medicinal supplies which is written or transmitted by any means of communication by a licensed practitioner authorized by the laws of this state to prescribe such drugs or medicinal supplies, is issued in good faith and in the course of professional practice, is intended to be dispensed by a person authorized by the laws of this state to do so, and meets the requirements of s. 893.04. (a) The term also includes an order for drugs or medicinal supplies transmitted or written by a physician, dentist, veterinarian, or other practitioner licensed to practice in a state other than Florida, but only if the pharmacist called upon to fill such an order determines, in the exercise of his or her professional judgment, that the order was issued pursuant to a valid patient-physician relationship, that it is authentic, and that the drugs or medicinal supplies ordered are considered necessary for the continuation of treatment of a chronic or recurrent illness. (b) If the physician writing the prescription is not known to the pharmacist, the pharmacist shall obtain proof to a reasonable certainty of the validity of the prescription. (c) A prescription for a controlled substance may not be issued on the same prescription blank with another prescription for a controlled substance that is named or described in a different schedule or with another prescription for a medicinal drug, as defined in s. 465.003(8), that is not a controlled substance. (25) “Wholesaler” means any person who acts as a jobber, wholesale merchant, or broker, or an agent thereof, who sells or distributes for resale any drug as defined by the Florida Drug and Cosmetic Act. However, this definition does not apply to persons who sell only patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists employed thereby, are specifically excluded from this definition. 893.03 Standards and schedules. The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included by whatever official, common, usual, chemical, trade name, or class designated. The provisions of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of 21 C.F.R. s. 1308.22, styled “Excluded Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt Anabolic Steroid Products.” (1) SCHEDULE I.—A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I: (a) Unless specifically excepted or unless listed in another schedule, any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: 1. Acetyl-alpha-methylfentanyl. 2. Acetylmethadol. 3. Allylprodine. 4. Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM). 5. Alphamethadol. 6. Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanili do) piperidine). 7. Alpha-methylthiofentanyl. 8. Alphameprodine. 9. Benzethidine. State Statutes 834 10.Benzylfentanyl. 11.Betacetylmethadol. 12.Beta-hydroxyfentanyl. 13.Beta-hydroxy-3-methylfentanyl. 14.Betameprodine. 15.Betamethadol. 16.Betaprodine. 17.Clonitazene. 18.Dextromoramide. 19.Diampromide. 20.Diethylthiambutene. 21.Difenoxin. 22.Dimenoxadol. 23.Dimepheptanol. 24.Dimethylthiambutene. 25.Dioxaphetyl butyrate. 26.Dipipanone. 27.Ethylmethylthiambutene. 28.Etonitazene. 29.Etoxeridine. 30.Flunitrazepam. 31.Furethidine. 32.Hydroxypethidine. 33.Ketobemidone. 34.Levomoramide. 35.Levophenacylmorphan. 36.Desmethylprodine (1-Methyl-4-Phenyl-4-Propionoxypiperidi ne). 37.3-Methylfentanyl (N-[3-methyl-1-(2- phenylethyl)-4-piperidy l]-N-phenylpropanamide). 38.3-Methylthiofentanyl. 39.Morpheridine. 40.Noracymethadol. 41.Norlevorphanol. 42.Normethadone. 43 Norpipanone. 44.Para-Fluorofentanyl. 45.Phenadoxone. 46.Phenampromide. 47.Phenomorphan. 48.Phenoperidine. 49.PEPAP (1-(2-Phenylethyl)-4-Phenyl-4-Acetyloxy piperidine). 50.Piritramide. 51.Proheptazine. 52.Properidine. 53.Propiram. 54.Racemoramide. 55.Thenylfentanyl. 56.Thiofentanyl. 57.Tilidine. 58.Trimeperidine. 59.Acetylfentanyl. 60.Butyrylfentanyl. 61.Beta-Hydroxythiofentanyl. 62.Fentanyl Derivatives. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: a. With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; b. With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; c. With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; d. With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; e. With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; f. With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; and g. With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; excluding, Alfentanil, Carfentanil, Fentanyl, and Sufentanil; including, but not limited to: (I) Acetyl-alpha-methylfentanyl. (II) Alpha-methylfentanyl (N-[1-(alpha-methyl-betaphenyl) ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanili do) piperidine). (III) Alpha-methylthiofentanyl. (IV) Benzylfentanyl. (V) Beta-hydroxyfentanyl. (VI) Beta-hydroxy-3-methylfentanyl. (VII) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidy l]-N-phenylpropanamide). (VIII) 3-Methylthiofentanyl. (IX) Para-Fluorofentanyl. State Statutes 835 (X) Thenylfentanyl or Thienyl fentanyl. (XI) Thiofentanyl. (XII) Acetylfentanyl. (XIII) Butyrylfentanyl. (XIV) Beta-Hydroxythiofentanyl. (XV) Lofentanil. (XVI) Ocfentanil. (XVII) Ohmfentanyl. (XVIII) Benzodioxolefentanyl. (XIX) Furanyl fentanyl. (XX) Pentanoyl fentanyl. (XXI) Cyclopentyl fentanyl. (XXII) Isobutyryl fentanyl. (XXIII) Remifentanil. (b) Unless specifically excepted or unless listed in another schedule, any of the following substances, their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: 1. Acetorphine. 2. Acetyldihydrocodeine. 3. Benzylmorphine. 4. Codeine methylbromide. 5. Codeine-N-Oxide. 6. Cyprenorphine. 7. Desomorphine. 8. Dihydromorphine. 9. Drotebanol. 10.Etorphine (except hydrochloride salt). 11.Heroin. 12.Hydromorphinol. 13.Methyldesorphine. 14.Methyldihydromorphine. 15.Monoacetylmorphine. 16.Morphine methylbromide. 17.Morphine methylsulfonate. 18.Morphine-N-Oxide. 19.Myrophine. 20.Nicocodine. 21.Nicomorphine. 22.Normorphine. 23.Pholcodine. 24.Thebacon. (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, including optical, positional, or geometric isomers, homologues, nitrogen-heterocyclic analogs, esters, ethers, and salts of isomers, homologues, nitrogen-heterocyclic analogs, esters, or ethers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation or class description: 1. Alpha-Ethyltryptamine. 2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2-oxazoline) . 3. Aminorex (2-Amino-5-phenyl-2-oxazoline). 4. DOB (4-Bromo-2,5-dimethoxyamphetamine). 5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine) . 6. Bufotenine. 7. Cannabis. 8. Cathinone. 9. DET (Diethyltryptamine). 10.2,5-Dimethoxyamphetamine. 11.DOET (4-Ethyl-2,5-Dimethoxyamphetamine). 12.DMT (Dimethyltryptamine). 13.PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethyl amine analog of phencyclidine). 14.JB-318 (N-Ethyl-3-piperidyl benzilate). 15.N-Ethylamphetamine. 16.Fenethylline. 17.3,4-Methylenedioxy-N-hydroxyampheta mine. 18.Ibogaine. 19.LSD (Lysergic acid diethylamide). 20.Mescaline. 21.Methcathinone. 22.5-Methoxy-3,4-methylenedioxyampheta mine. 23.PMA (4-Methoxyamphetamine). 24.PMMA (4-Methoxymethamphetamine) . 25.DOM (4-Methyl-2,5-dimethoxyamphetamine). 26.MDEA (3,4-Methylenedioxy-N-ethylamphetamin e). 27.MDA (3,4-Methylenedioxyamphetamine). 28.JB-336 (N-Methyl-3-piperidyl benzilate). 29.N,N-Dimethylamph etamine. 30.Parahexyl. 31.Peyote. 32.PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine) (Pyrrolidine analog of phencyclidine). 33.Psilocybin. 34.Psilocyn. 35.Salvia divinorum, except for any drug product approved by the United States Food and Drug Administration which contains Salvia divinorum or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. State Statutes 836 36.Salvinorin A, except for any drug product approved by the United States Food and Drug Administration which contains Salvinorin A or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, if the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. 37.Xylazine. 38.TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine) (Thiophene analog of phencyclidine). 39.3,4,5-Trimethoxyamphetamine. 40.Methylone (3,4-Methylenedioxymethcathinone). 41.MDPV (3,4-Methylenedioxypyrovalerone). 42.Methylmethcathinone. 43.Methoxymethcathinone. 44.Fluoromethcathinone. 45.Methylethcathinone. 46.CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloct an-2-yl)phenol) and its dimethyloctyl (C8) homologue. 47.HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dime thyl-3-(2-methyloct an-2-yl)-6a,7,10,10a-t etrahydrobenzo[c]chromen-1-ol]. 48.JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). 49.JWH-073 (1-Butyl-3-(1-naphthoyl)indole). 50.JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoy l)indole). 51.BZP (Benzylpiperazine). 52.Fluorophenylpiperazine. 53.Methylphenylpiperazine. 54.Chlorophenylpiperazine. 55.Methoxyphenylpiperazine. 56.DBZP (1,4-Dibenzylpiperazine). 57.TFMPP (Trifluoromethylphenylpiperazine). 58.MBDB (Methylbenzodioxolylbutanamine) or (3,4-Methylenedioxy-N-methylbutanamin e). 59.5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). 60.5-Hydroxy-N-methyltryptamine. 61.5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptam ine). 62.5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). 63.Methyltryptamine. 64.5-MeO-DMT (5-Methoxy-N,N-dimethyl tryptamine). 65.5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). 66.Tyramine (4-Hydroxyphenethylamine). 67.5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). 68.DiPT (N,N-Diisopropyltryptamine). 69.DPT (N,N-Dipropyltryptamine). 70.4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). 71.5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine). 72.DOI (4-Iodo-2,5-dimethoxyamphetamine). 73.DOC (4-Chloro-2,5-dimethoxyamphetamine). 74.2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). 75.2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethyl amine). 76.2C-C (4-Chloro-2,5-dimethoxyphenethylamine) . 77.2C-T (4-Methylthio-2,5-dimethoxyphenethylam ine). 78.2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamin e). 79.2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethyl amine). 80.2C-I (4-Iodo-2,5-dimethoxyp henethylamine). 81.Butylone (3,4-Methylenedioxy-alpha-methylamino butyrophenone). 82.Ethcathinone. 83.Ethylone (3,4-Methylenedioxy-N-ethylcathinone). 84.Naphyrone (Naphthylpyrovalerone). 85.Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathin one). 86.3,4-Methylenedioxy-N,N-diethylcathinon e. 87.3,4-Methylenedioxy-propiophenone. 88.3,4-Methylenedioxy-alpha-bromopropiop henone. 89.3,4-Methylenedioxy-propiophenone-2-oxi me. 90.3,4-Methylenedioxy-N-acetylcathinone. 91.3,4-Methylenedioxy-N-acetylmethcathino ne. 92.3,4-Methylenedioxy-N-acetylethcathinon e. 93.Bromomethcathinone. 94.Buphedrone State Statutes 837 (alpha-Methylamino-butyrophenone). 95.Eutylone (3,4-Methylenedioxy-alpha-ethylaminobu tyrophenone). 96.Dimethylcathinone. 97.Dimethylmethcathinone. 98.Pentylone (3,4-Methylenedioxy-alpha-methylamino valerophenone). 99.MDPPP (3,4-Methylenedioxy-alpha-pyrrolidinopro piophenone). 100. MDPBP (3,4-Methylenedioxy-alpha-pyrro lidinob utyrophenone). 101. MOPPP (Methoxy-alpha-pyrrolidinopropiopheno ne). 102. MPHP (Methyl-alpha-pyrrolidinohexanopheno ne). 103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP (Benocyclidine). 104. F-MABP (Fluoromethylaminobutyrophenone). 105. MeO-PBP (Methoxypyrrolidinobutyrophenone). 106. Et-PBP (Ethylpyrrolidinobutyrophenone). 107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxyme thcathinone). 108. Me-EABP (Methylethylaminobutyrophenone). 109. Etizolam. 110. PPP (Pyrrolidinopropiophenone). 111. PBP (Pyrrolidinobutyrophenone). 112. PVP (Pyrrolidinovalerophenone) or (Pyrrolidinopentiophenone). 113. MPPP (Methyl-alpha-pyrrolidinopropiophenon e). 114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indol e). 115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indo le). 116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). 117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). 118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole). 119. JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)in dole). 120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indol e). 121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-meth ylpentan-2-yl)-6a,7,10,10a-tetrahydrob enzo[c]chromene). 122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). 123. JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)in dole). 124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indol e). 125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoy l)indole ). 126. JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)in dole). 127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indol e). 128. JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)in dole). 129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indol e). 130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-di methyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c]chromen-1-ol). 131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2-m ethyloctan-2-yl)phenyl]-7,7-dimethyl-4bicyclo[3.1.1]hept-3-enyl] methanol). 132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1-m ethylethenyl)-2-cyclohe xen-1-yl]-5-pent yl-2,5-cyclohexadiene-1,4-dione). 133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthale ne). 134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5-pentyl phenoxy)-undecanamide). 135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5-hydroxyp henoxy)-undecanamide). 136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5 -(2-methyloctan-2-yl)phenol). 137. AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoy l)in dole). 138. AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indo le). 139. RCS-4 State Statutes 838 (1-Pentyl-3-(4-methoxybenzoyl)indole). 140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2-methoxyph enylacetyl)indole). 141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-mor pholinylmethyl)pyrrolo[1,2,3-de]-1,4-be nzoxazin-6-yl]-1-naphthalenylmethano ne). 142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-m ethyl-3-(4-morp holinylmethyl)pyrrolo[1,2,3-de]-1,4-ben zoxazin-6-yl]-1-naphthalenylmethanon e). 143. Pentedrone (alpha-Methylaminovalerophenone). 144. Fluoroamphetamine. 145. Fluoromethamphetamine. 146. Methoxetamine. 147. Methiopropamine. 148. Methylbuphedrone (Methyl-alpha-methylaminobutyrophen one). 149. APB ((2-Aminopropyl)benzofuran). 150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofura n). 151. UR-144 (1-Pentyl-3-(2,2,3,3-tetramethylcyclopr opanoyl)indole). 152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3-tetramet hylcyclopropanoyl)indole). 153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3 -tetramethyl cyclopropanoyl)indole). 154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide). 155. AM-2233(1-[(N-Methyl-2-piperidinyl)me thyl]-3-(2-iodobenzoyl)indole). 156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3-carboxamide ). 157. URB-597 ((3'-(Aminocarbonyl)[1,1'-biphenyl]-3-yl )-cyclohexylcarbamate). 158. URB-602 ([1,1'-Biphenyl]-3-yl-carbamic acid, cyclohexyl ester). 159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1benzoxazin-4-one). 160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamin e). 161. 2C-H (2,5-Dimethoxyphenethylamine). 162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine) . 163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethyla mine). 164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2-methoxyb enzyl)]phenethylamine). 165. MDMA (3,4-Methylenedioxymethamphetamine ). 166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). 167. Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3-carboxylate). 168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3-carboxyla te). 169. Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole-3-carboxamide ). 170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) -1-pentylindazole-3-carboxamide). 171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) -1-(4-fluorobenzyl)indazole-3-carboxa mide). 172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan2-yl)-1-penty lindazole-3-carboxamide). 173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan2-yl)-1-(fluoropentyl)indole-3-carboxam ide). 174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2-methox ybenzyl)]phenethylamin e). 175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2-methox ybenzyl)]phenethylamine). 176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl) -1-(cyclohexylmethyl)indazole-3-carbox amide). 177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3-carboxylate) . 178. Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole-3-carboxamide). 179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2y l)-1-(fluoropentyl)indazole-3-carboxa mide). 180. THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)inda zole). 181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl-1, 4,4a,8,9,10,11,12b-octahydronaphtho[ 3,2-c]isochromen-12-ol). 182. AM-905 State Statutes 839 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9-( hydroxymethyl)-6,6-dimethyl-6a,7,8,9,1 0,10a-hexahydrobenzo[c]chromen-1-ol ). 183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9-( hydroxymethyl)-6,6-dimethyl-6a,7,8,9,1 0,10a-hexahydrobenzo[c]chromen-1-ol ). 184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1yl)-6a,7,8,9,10,10a-hexahydro-6, 6-dim ethyl-6H-dibenzo[b,d]pyran-1,9 diol). 185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)6,6-dimethyl-3-(2-methyloctan-2-yl)-8,9 -ditritio-7,8,10,10a-tetrahydro-6aH-ben zo[c]chromen-1-ol). 186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl-6 a,7,10,10a-tetrahydro-1H-benzo[c]chro mene-1,4(6H)-dione). 187. MAPB ((2-Methylaminopropyl)benzofuran). 188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethyl amine) . 189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine) . 190. Synthetic Cannabinoids.—Unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found to be in any of the following chemical class descriptions, or homologues, nitrogen-heterocyclic analogs, isomers (including optical, positional, or geometric), esters, ethers, salts, and salts of homologues, nitrogen-heterocyclic analogs, isomers, esters, or ethers, whenever the existence of such homologues, nitrogen-heterocyclic analogs, isomers, esters, ethers, salts, and salts of isomers, esters, or ethers is possible within the specific chemical class or designation. Since nomenclature of these synthetically produced cannabinoids is not internationally standardized and may continually evolve, these structures or the compounds of these structures shall be included under this subparagraph, regardless of their specific numerical designation of atomic positions covered, if it can be determined through a recognized method of scientific testing or analysis that the substance contains properties that fit within one or more of the following categories: a. Tetrahydrocannabinols.—Any tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, the synthetic equivalents of the substances contained in the plant or in the resinous extracts of the genus Cannabis, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, including, but not limited to, Delta 9 tetrahydrocannabinols and their optical isomers, Delta 8 tetrahydrocannabinols and their optical isomers, Delta 6a,10a tetrahydrocannabinols and their optical isomers, or any compound containing a tetrahydrobenzo[c]chromene structure with substitution at either or both the 3-position or 9-position, with or without substitution at the 1-position with hydroxyl or alkoxy groups, including, but not limited to: (I) Tetrahydrocannabinol. (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethy l-3-(2-methyloctan-2-yl)-6a,7,10,10a- tetrahy drobenzo[c]chromen-1-ol). (III)HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl -3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahyd robenzo[c]chromen-1-ol). (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethy l)-6,6-dimethy l-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahy drobenzo[c]chromene). (V)JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpen tan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chr omene). (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloct an-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chro mene). (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2, 3-dimethylpentan-2-yl)-6a,7,10,10 a-tetrahyd robenzo[c]chromene). (VIII)AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol). (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimet hyl -6a,7,10,10a-tetrahydrobenzo[c]chromen-1 State Statutes 840 ol). (X)Parahexyl. b. Naphthoylindoles, Naphthoylindazoles, Naphthoylcarbazoles, Naphthylmethylindoles, Naphthylmethylindazoles, and Naphthylmethylcarbazoles.—Any compound containing a naphthoylindole, naphthoylindazole, naphthoylcarbazole, naphthylmethylindole, naphthylmethylindazole, or naphthylmethylcarbazole structure, with or without substitution on the indole, indazole, or carbazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to: (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole). (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1-naphthoyl)i ndole). (III)JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole). (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole). (V)JWH-018 (1-Pentyl-3-(1-naphthoyl)indole). (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole). (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole). (VIII)JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole). (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole). (X)JWH-072 (1-Propyl-3-(1-naphthoyl)indole). (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole). (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole). (XIII)JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole). (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1-naphtho yl)indole). (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole). (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole). (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1-naphthoyl)i ndole). (XVIII)JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole). (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole). (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole). (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphtho yl)indole). (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1-naphthylmethyl]ind ole). (XXIII)JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1-na phthoyl)indole). (XXIV)JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3- (4-methoxy-1-n aphthoyl)indole). (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)in dole). (XXVI)JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole). (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naph thoyl)indole). (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole). (XXIX)JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole). (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole). (XXXI)AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1-naph thoyl)indole). (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1-naphthoyl)in dole). (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)in dole). (XXXIV)Chloro JWH-018 (1-(Chloropentyl)-3-(1-naphthoyl)indole). (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1-naphthoyl)indole). (XXXVI)AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole). (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1-naphthoyl)indazole) . (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1-naphthoyl) indole). (XXXIX)EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1-naphthoyl)i n dole). (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole). (XLI)EG-2201 (9-(5-Fluoropentyl)-3-(1-naphthoyl)carbazol e). c. Naphthoylpyrroles.—Any compound containing a naphthoylpyrrole structure, with or without substitution on the pyrrole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to: State Statutes 841 (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole). (II) JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole). (III)JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole). (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphth oyl)pyrrole). (V)JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole). (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1-naphthoyl) pyrrole). (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1-naphthoyl) pyrrole). (VIII)JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1-naphthoyl) pyrrole). (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1-naphthoyl) pyrrole). (X)JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1-naphth oyl )pyrrole). d. Naphthylmethylenindenes.—Any compound containing a naphthylmethylenindene structure, with or without substitution at the 3-position of the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to, JWH-176 (3-Pentyl-1-(naphthylmethylene)indene). e. Phenylacetylindoles and Phenylacetylindazoles.—Any compound containing a phenylacetylindole or phenylacetylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring to any extent, including, but not limited to: (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole). (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole). (III)JWH-203 (1-Pentyl-3-(2-chlo rophenylacetyl)indole). (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole). (V)JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole). (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole). (VII) Cannabipiperidiethanone. (VIII)RCS-8 (1-(2-Cyclohexylethyl)-3-(2-methoxyphenyla cetyl)indole). f. Cyclohexylphenols.—Any compound containing a cyclohexylphenol structure, with or without substitution at the 5-position of the phenolic ring to any extent, whether or not substituted on the cyclohexyl ring to any extent, including, but not limited to: (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan2-yl)phenol). (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8) homologue). (III)CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2methyloctan-2 -yl)phenol). g. Benzoylindoles and Benzoylindazoles.—Any compound containing a benzoylindole or benzoylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring to any extent, including, but not limited to: (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole). (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodoben zoyl)indole). (III)AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2-iodo -5-nitrobenzoyl)indole). (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4-me thoxybenzoyl)indole). (V)AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2-iodo benzoyl)indole). (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole). (VII) RCS-4 C4 homologue (1-Butyl-3-(4-methoxybenzoyl)indole). (VIII)AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo-3 -(4-methoxybenzoyl)indole). h. Tetramethylcyclopropanoylindoles and Tetramethylcyclopropanoylindazoles.—An y compound containing a tetramethylcyclopropanoylindole or tetramethylcyclopropanoylindazole structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the tetramethylcyclopropyl group to any extent, including, but not limited to: (I) UR-144 (1-Pentyl-3-(2,2,3,3-tetramethylcyclopropan oyl)indole). (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3-tetram ethylcyc lopropanoyl)indole). (III)Chloro UR-144 State Statutes 842 (1-(Chloropentyl)-3-(2,2,3,3-tetramethylcyclo propanoyl)indole). (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3-tetram ethylcyclopropanoyl)indole). (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3-t etramethylcyclopropanoyl)indole). (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3-tetra methylcyclopropano yl)indole). (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3-tetramethylcy clopropanoyl)indole). (VIII)FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3-tetramethylcyc lopropanoyl)indazole). (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3-tetrameth ylcyclopropanoyl)indole). (X)AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3 -tetramethylcyclopropanoyl)indole). i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole carboxamides, and Adamantylindazole carboxamides.—Any compound containing an adamantoyl indole, adamantoyl indazole, adamantyl indole carboxamide, or adamantyl indazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent, including, but not limited to: (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide). (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole-3-carboxamide). (III)STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3-carboxamide). (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1-adamant oyl)indole). (V)AB-001 (1-Pentyl-3-(1-adamantoyl)indole). (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide). (VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1-adamantoyl)indole). j. Quinolinylindolecarboxylates, Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides, and Quinolinylindazolecarboxamides.—Any compound containing a quinolinylindole carboxylate, quinolinylindazole carboxylate, isoquinolinylindole carboxylate, isoquinolinylindazole carboxylate, quinolinylindole carboxamide, quinolinylindazole carboxamide, isoquinolinylindole carboxamide, or isoquinolinylindazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the quinoline or isoquinoline ring to any extent, including, but not limited to: (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate). (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3-carboxylate). (III)BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3-carboxylate). (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3-car boxylate). (V)NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate). (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole-3-carboxylate). (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole -3-carboxylate). (VIII)THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide). (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3-carboxamide). k. Naphthylindolecarboxylates and Naphthylindazolecarb oxylates.—Any compound containing a naphthylindole carboxylate or naphthylindazole carboxylate structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to: (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3-carboxylate). (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3-carboxylate). (III)Fluoro SDB-005 (1-Naphthalenyl 1-(fluoropentyl)indazole-3-carboxylate). (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3-carboxylate). (V)3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3-carboxylate). l. Naphthylindole carboxamides and Naphthylindazole carboxamides.—Any compound containing a naphthylindole carboxamide or naphthylindazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the naphthyl ring to any extent, including, but not limited to: (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide). (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole-3-carboxamide). (III)Chloro-NNEI (N-Naphthalen-1-yl State Statutes 843 1-(chloropentyl)indole-3-carboxamide). (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3-carboxamide). (V)Fluoro MN-18 (N-Naphthalen-1-yl 1-(fluoropentyl)indazol e-3-carboxamide). m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl indazole carboxamides, Alkylcarbonyl indole carboxylates, and Alkylcarbonyl indazole carboxylates.—Any compound containing an alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3-phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an indole carboxamide, indazole carboxamide, indole carboxylate, or indazole carboxylate, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the alkylcarbonyl group to any extent, including, but not limited to: (I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-pentylindole-3-carboxamide). (II) Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-(fluoropentyl)indole-3-carboxamide). (III)Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(fl uoropentyl)indole-3-carboxamide). (IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pe ntylindazole-3-carboxamide). (V)Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(fl uoropentyl)indazole-3-carboxamide). (VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-pentylindazole-3-carboxamide). (VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-(fluoropentyl)indazole-3-carboxamide). (VIII)AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4fluorobenzyl)indazole-3-carboxamide). (IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-(4-fluorobenzyl)indazole-3-carboxamide) . (X)AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(c yclohexylmethyl)indazole-3-carboxamide). (XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)indazole-3-carboxamide ). (XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)1-(cyclohexylmethyl)indazole-3-carboxamid e). (XIII)AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1pentylindazole-3-carboxamide). (XIV) Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1(fluoropentyl)indazole-3-carboxamide). (XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1(4-fluorobenzyl)indazole-3-carboxamide). (XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-2-yl )-1-(cyclohexylmethyl)indazole-3-carboxami de). (XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-2-yl )-1-(4-fluorobenzyl)ind azole-3-carboxamide) . (XVIII)MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-2-yl )-1-(cyclohexylmethyl)indole-3-carboxamide ). (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-( 5-fluoropentyl)indole-3-carboxamide). (XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-( 5-fluoropentyl)indazole-3-carboxamide). (XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-( cyclohexylmethyl)indazole-3-carboxamide). (XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-( 4-fluorobenzyl)indazole-3-carboxamide). (XXIII)MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan-2-yl )-1-(cyclohexylmethyl)indazole-3-carboxylat e). n. Cumylindolecarboxamides and Cumylindazolecarboxamides.—Any compound containing a N-(2-phenylpropan-2-yl) indole carboxamide or N-(2-phenylpropan-2- yl) indazole carboxamide structure, with or without substitution on the indole or indazole ring to any extent, whether or not substituted on the phenyl ring of the cumyl group to any extent, including, but not limited to: (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3-c arboxamide). (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-(fluoropentyl)ind ole-3-carboxamide). o. Other Synthetic Cannabinoids.—Any material, compound, mixture, or preparation that contains any quantity of a Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.: (I) With or without modification or State Statutes 844 replacement of a carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage between either two core rings, or linkage between a core ring and group structure, with or without the addition of a carbon or replacement of a carbon; (II) With or without replacement of a core ring or group structure, whether or not substituted on the ring or group structures to any extent; and (III)Is a cannabinoid receptor agonist, unless specifically excepted or unless listed in another schedule or contained within a pharmaceutical product approved by the United States Food and Drug Administration. 191. Substituted Cathinones.—Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations: a. Any compound containing a 2-amino-1-phenyl-1-propanone structure; b. Any compound containing a 2-amino-1-naphthyl-1-propanone structure; or c. Any compound containing a 2-amino-1-thiophenyl-1-propanone structure, whether or not the compound is further modified: (I) With or without substitution on the ring system to any extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy, haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide substituents; (II) With or without substitution at the 3-propanone position with an alkyl substituent or removal of the methyl group at the 3-propanone position; (III)With or without substitution at the 2-amino nitrogen atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or not further substituted in the ring system; or (IV) With or without inclusion of the 2-amino nitrogen atom in a cyclic structure, including, but not limited to: (A)Methcathinone. (B)Ethcathinone. (C)Methylone (3,4-Methylenedioxymethcathinone). (D)2,3-Methylenedioxymethcathinone. (E)MDPV (3,4-Methylenedioxypyrovalerone). (F) Methylmethcathinone. (G)Methoxymethcathinone. (H)Fluoromethcathinone. (I) Methylethcathinone. (J) Butylone (3,4-Methylenedioxy-alpha-methylaminobuty rophenone). (K)Ethylone (3,4-Methylenedioxy-N -ethylcathinone). (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone). (M)Naphyrone (Naphthylpyrovalerone). (N)Bromomethcathinone. (O)Buphedrone (alpha-Methylaminobutyrophenone). (P)Eutylone (3,4-Methylenedioxy-alpha-ethylaminobutyr ophenone). (Q)Dimethylcathinone. (R)Dimethylmethcathinone. (S)Pentylone (3,4-Methylenedioxy-alpha-methylaminovale rophenone). (T) Pentedrone (alpha-Methylaminovalerophenone). (U)MDPPP (3,4-Methylenedioxy-alpha-pyrrolidinopropio phenone). (V)MDPBP (3,4-Methylenedioxy-alpha-pyrrolidinobutyro phenone). (W) MPPP (Methyl-alpha-pyrrolidinoprop iophenone). (X)PPP (Pyrrolidinopropiophenone). (Y)PVP (Pyrrolidinovalerophenone) or (Pyrrolidinopentiophenone). (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone). (AA) MPHP (Methyl-alpha-pyrrolidino hexanophenone). (BB) F-MABP (Fluoromethylaminobutyrophenone). (CC)Me-EABP (Methylethylaminobutyrophenone). (DD)PBP (Pyrrolidinobutyrophenone). (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone). (FF) Et-PBP (Ethylpyrrolidinobutyrophenone). (GG)3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone). (HH)Dimethylone (3,4-Methylenedioxy-N,N-dimethylcathinone ). State Statutes 845 (II) 3,4-Methylenedioxy-N,N-diethylcathinone. (JJ) 3,4-Methylenedioxy-N-acetylcathinone. (KK) 3,4-Methylenedioxy-N-acetylmethcathinone. (LL) 3,4-Methylenedioxy-N-acetylethcathinone. (MM) Methylbuphedrone (Methyl-alpha-methylaminobutyrophenone). (NN) Methyl-alpha-methylaminohexanophenone. (OO)N-Ethyl-N-methylcathinone. (PP) PHP (Pyrrolidinohexanophenone). (QQ)PV8 (Pyrrolidinoheptanop henone). (RR)Chloromethcathinone. (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetop henone. 192. Substituted Phenethylamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations, any compound containing a phenethylamine structure, without a beta-keto group, and without a benzyl group attached to the amine group, whether or not the compound is further modified with or without substitution on the phenyl ring to any extent with alkyl, alkylthio, nitro, alkoxy, thio, halide, fused alkylenedioxy, fused furan, fused benzofuran, fused dihydrofuran, or fused tetrahydropyran substituents, whether or not further substituted on a ring to any extent, with or without substitution at the alpha or beta position by any alkyl substituent, with or without substitution at the nitrogen atom, and with or without inclusion of the 2-amino nitrogen atom in a cyclic structure, including, but not limited to: a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine). b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine). c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethyla mine). d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine). e. 2C-T (4-Methylthio-2,5-dimethoxyphenethyla min e). f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine ). g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethyla mine). h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine). i. 2C-D (4-Methyl-2,5-dimethoxyp henethylamine). j. 2C-H (2,5-Dimethoxyphenethylamine). k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine). l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamin e). m. MDMA (3,4-Methylenedioxymethamphetamine). n. MBDB (Methylbenzodioxolylbutanamine) or (3,4-Methylenedioxy-N-methylbutanamine) . o. MDA (3,4-Methylenedioxyamphetamine). p. 2,5-Dimethoxyamphetamine. q. Fluoroamphetamine. r. Fluoromethamphetami ne. s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine) . t. DOB (4-Bromo-2,5-dimethoxyamphetamine). u. DOC (4-Chloro-2,5-dimethoxyamphetamine). v. DOET (4-Ethyl-2,5-dimethoxyamphetamine). w. DOI (4-Iodo-2,5-dimethoxyamphetamine). x. DOM (4-Methyl-2,5-dimethoxyamphetamine). y. PMA (4-Methoxyamphetamine). z. N-Ethylamphetamine. aa. 3,4-Methylenedioxy-N-hydroxyamphetami ne. bb. 5-Methoxy-3,4-methylenedioxyamphetami ne. cc. PMMA (4-Methoxymethamphetamine). dd. N,N-Dimethylamphetamine. ee. 3,4,5-Trimethoxyamphetamine. ff. 4-APB (4-(2-Aminopropyl)benzofuran). gg. 5-APB State Statutes 846 (5-(2-Aminopropyl)benzofuran). hh. 6-APB (6-(2-Aminopropyl)benzofuran). ii. 7-APB (7-(2-Aminopropyl)benzofuran). jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran ). kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran ). ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran ). mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran ). nn. 4-MAPB (4-(2-Methylaminopr opyl)benzofuran). oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran). pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran). qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran). rr. 5-EAPB (5-(2-Ethylaminopropyl)ben zofuran). ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3-dihydrobenz ofuran), which does not include phenethylamine, mescaline as described in subparagraph 20., substituted cathinones as described in subparagraph 191., N-Benzyl phenethylamine compounds as described in subparagraph 193., or methamphetamine as described in subparagraph (2)(c)4. 193. N-Benzyl Phenethylamine Compounds.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations, any compound containing a phenethylamine structure without a beta-keto group, with substitution on the nitrogen atom of the amino group with a benzyl substituent, with or without substitution on the phenyl or benzyl ring to any extent with alkyl, alkoxy, thio, alkylthio, halide, fused alkylenedioxy, fused furan, fused benzofuran, or fused tetrahydropyran substituents, whether or not further substituted on a ring to any extent, with or without substitution at the alpha position by any alkyl substituent, including, but not limited to: a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2-methoxybe nzyl)]phenethylamine). b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2-hydroxyben zyl)]phenethylamine). c. 25B-NBF (4-Bromo-2,5-dimet hoxy-[N-(2-fluorobenzy l)]phenethylamine). d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3-methylen edioxybenzyl)]phenethylamine). e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2-methoxybenz yl)]phenethylamine). f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2-hydroxybenzy l)]phenethylamine). g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2-fluorobenzyl)] phenethylamine). h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3-methylenedi oxybenzyl)]phenethylamine). i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2-methox ybenzyl)]phenethylamine). j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2-meth oxybenzyl)]phenethylamine). k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2-meth oxybenzyl)]phenethylamine). l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2-methoxybe nzyl)]phenethylamine). m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[ N-(2-hydroxyben zyl)]phenethylamine). n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2-fluorobenzy l)]phenethylamine). o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3-methylen edioxybenzyl)]phenethylamine). p. 25H-NBOMe (2,5-Dimethoxy-[N-(2-methoxybenzyl)]phe nethylamine). q. 25H-NBOH (2,5-Dimethoxy-[N-(2-hydroxybenzyl)]phen ethylamine). r. 25H-NBF (2,5-Dimethoxy-[N-(2-fluorobenzyl)]phenet hylamine). State Statutes 847 s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2-methoxybe nzyl)]phenethylamine), which does not include substituted cathinones as described in subparagraph 191. 194. Substituted Tryptamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a 2-(1H-indol-3-yl)ethanamine, for example tryptamine, structure with or without mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups, or by inclusion of the amino nitrogen atom in a cyclic structure, whether or not substituted at the alpha position with an alkyl group, whether or not substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups, including, but not limited to: a. Alpha-Ethyltryptamine. b. Bufotenine. c. DET (Diethyltryptamine). d. DMT (Dimethyltryptamine). e. MET (N-Methyl-N-ethyltryptamine). f. DALT (N,N-Diallyltryptamine). g. EiPT (N-Ethyl-N-isopropyltryptamine). h. MiPT (N-Methyl-N-isopropyltryptamine). i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine). j. 5-Hydroxy-N-methyltryptamine. k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamin e). l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine). m. Methyltryptamine. n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine). o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine). p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine). q. DiPT (N,N-Diisopropyltryptamine). r. DPT (N,N-Dipropyltryptamine). s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine). t. 5-MeO-DALT (5-Methoxy-N,N-Dia llyltryptamine). u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine). v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine). w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine). x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine). y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N-isopropyltryptamin e). z. Methyl-alpha-ethyltryptamine. aa. Bromo-DALT (Bromo-N,N-diallyltryptamine), which does not include tryptamine, psilocyn as described in subparagraph 34., or psilocybin as described in subparagraph 33. 195. Substituted Phenylcyclohexylamines.—Unless specifically excepted or unless listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation containing a phenylcyclohexylamine structure, with or without any substitution on the phenyl ring, any substitution on the cyclohexyl ring, any replacement of the phenyl ring with a thiophenyl or benzothiophenyl ring, with or without substitution on the amine with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in a cyclic structure, or any combination of the above, including, but not limited to: a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP (Benocyclidine). b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethyla mine analog of phencyclidine). c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrol idine analog of phencyclidine). d. PCPr (Phenylcyclohexylpropylamine). e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperid ine)(Th iophene analog of phencyclidine). f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)). g. PCMPA (Phenylcyclohexyl(methoxypropylamine)). h. Methoxetamine. i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohex ylethylamine). j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine). k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine). l. Fluoro-PCP State Statutes 848 ((Fluorophenyl)cyclohexylpiperidine). m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine). n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine). o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine). p. Nitro-PCP ((Nitrophenyl)cyclohexylp iperidine). q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine). r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine). 196. W-15, 4-chloro-N-[1-(2-phenylethyl)-2-piperidinylid ene]-benzenesulfonamide. 197. W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piper idinylidene]-benzenesulfonamide. 198. AH-7921, 3,4-dichloro-N-[[1-(dimethylamino)cyclohexy l]methyl]-benzamide. 199. U47700, trans-3,4-dichloro-N-[2-(dimethylamino)cycl ohexyl]-N-methyl-benzamide. 200. MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)-piperazin e, dihydrochloride. (d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including any of its salts, isomers, optical isomers, salts of their isomers, and salts of these optical isomers whenever the existence of such isomers and salts is possible within the specific chemical designation: 1. 1,4-Butanediol. 2. Gamma-butyrolactone (GBL). 3. Gamma-hydroxybutyric acid (GHB). 4. Methaqualone. 5. Mecloqualone. (2) SCHEDULE II.—A substance in Schedule II has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence. The following substances are controlled in Schedule II: (a) Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis: 1. Opium and any salt, compound, derivative, or preparation of opium, except nalmefene or isoquinoline alkaloids of opium, including, but not limited to the following: a. Raw opium. b. Opium extracts. c. Opium fluid extracts. d. Powdered opium. e. Granulated opium. f. Tincture of opium. g. Codeine. h. Ethylmorphine. i. Etorphine hydrochloride. j. Hydrocodone. k. Hydromorphone. l. Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM). m. Metopon (methyldihydromorphinone). n. Morphine. o. Oxycodone. p. Oxymorphone. q. Thebaine. 2. Any salt, compound, derivative, or preparation of a substance which is chemically equivalent to or identical with any of the substances referred to in subparagraph 1., except that these substances shall not include the isoquinoline alkaloids of opium. 3. Any part of the plant of the species Papaver somniferum, L. 4. Cocaine or ecgonine, including any of their stereoisomers, and any salt, compound, derivative, or preparation of cocaine or ecgonine, except that these substances shall not include ioflupane I 123. (b) Unless specifically excepted or unless listed in another schedule, any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation: 1. Alfentanil. 2. Alphaprodine. 3. Anileridine. 4. Bezitramide. 5. Bulk propoxyphene (nondosage forms). 6. Carfentanil. 7. Dihydrocodeine. 8. Diphenoxylate. 9. Fentanyl. 10.Isomethadone. 11.Levomethorphan. 12.Levorphanol. State Statutes 849 13.Metazocine. 14.Methadone. 15.Methadone-Intermediate,4-cyano-2dimethylamino-4,4-diphenylbutane. 16.Moramide-Interme diate,2-methyl3-morpholoino-1,1-diphenylpropane-carboxy lic acid. 17.Nabilone. 18.Pethidine (meperidine). 19.Pethidine-Intermediate-A,4-cyano-1methyl-4-phenylpiperidine. 20.Pethidine-Intermediate-B,e thyl-4phenylpiperidine-4-carboxylate. 21.Pethidine-Intermediate-C,1-methyl-4phenylpiperidine-4-carboxylic acid. 22.Phenazocine. 23.Phencyclidine. 24.1-Phenylcyclohexylamine. 25.Piminodine. 26.1-Piperidinocyclohexanecarbonitrile. 27.Racemethorphan. 28.Racemorphan. 29.Sufentanil. (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including their salts, isomers, optical isomers, salts of their isomers, and salts of their optical isomers: 1. Amobarbital. 2. Amphetamine. 3. Glutethimide. 4. Methamphetamine. 5. Methylphenidate. 6. Pentobarbital. 7. Phenmetrazine. 8. Phenylacetone. 9. Secobarbital. (3) SCHEDULE III.—A substance in Schedule III has a potential for abuse less than the substances contained in Schedules I and II and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence or, in the case of anabolic steroids, may lead to physical damage. The following substances are controlled in Schedule III: (a) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant or stimulant effect on the nervous system: 1. Any substance which contains any quantity of a derivative of barbituric acid, including thiobarbituric acid, or any salt of a derivative of barbituric acid or thiobarbituric acid, including, but not limited to, butabarbital and butalbital. 2. Benzphetamine. 3. Chlorhexadol. 4. Chlorphentermine. 5. Clortermine. 6. Lysergic acid. 7. Lysergic acid amide. 8. Methyprylon. 9. Phendimetrazine. 10.Sulfondiethylmethane. 11.Sulfonethylmethane. 12.Sulfonmethane. 13.Tiletamine and zolazepam or any salt thereof. (b) Nalorphine. (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following controlled substances or any salts thereof: 1. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium. 2. Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances. 3. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. 4. Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients that are not controlled substances. 5. Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances. 6. Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts. 7. Not more than 50 milligrams of morphine State Statutes 850 per 100 milliliters or per 100 grams, with recognized therapeutic amounts of one or more active ingredients which are not controlled substances. For purposes of charging a person with a violation of s. 893.135 involving any controlled substance described in subparagraph 3. or subparagraph 4., the controlled substance is a Schedule III controlled substance pursuant to this paragraph but the weight of the controlled substance per milliliters or per dosage unit is not relevant to the charging of a violation of s. 893.135. The weight of the controlled substance shall be determined pursuant to s. 893.135(6). (d) Anabolic steroids. 1. The term “anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth and includes: a. Androsterone. b. Androsterone acetate. c. Boldenone. d. Boldenone acetate. e. Boldenone benzoate. f. Boldenone undecylenate. g. Chlorotestosterone (Clostebol). h. Dehydrochlormethyltestosterone. i. Dihydrotestosterone (Stanolone). j. Drostanolone. k. Ethylestrenol. l. Fluoxymesterone. m. Formebulone (Formebolone). n. Mesterolone. o. Methandrostenolone (Methandienone). p. Methandranone. q. Methandriol. r. Methenolone. s. Methyltestosterone. t. Mibolerone. u. Nortestosterone (Nandrolone). v. Norethandrolone. w. Nortestosterone decanoate. x. Nortestosterone phenylpropionate. y. Nortestosterone propionate. z. Oxandrolone. aa. Oxymesterone. bb. Oxymetholone. cc. Stanozolol. dd. Testolactone. ee. Testosterone. ff. Testosterone acetate. gg. Testosterone benzoate. hh. Testosterone cypionate. ii. Testosterone decanoate. jj. Testosterone enanthate. kk. Testosterone isocaproate. ll. Testosterone oleate. mm. Testosterone phenylpropionate. nn. Testosterone propionate. oo. Testosterone undecanoate. pp. Trenbolone. qq. Trenbolone acetate. rr. Any salt, ester, or isomer of a drug or substance described or listed in this subparagraph if that salt, ester, or isomer promotes muscle growth. 2. The term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States Secretary of Health and Human Services for such administration. However, any person who prescribes, dispenses, or distributes such a steroid for human use is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this paragraph. (e) Ketamine, including any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. (f) Dronabinol (synthetic THC)in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the United States Food and Drug Administration. (g) Any drug product containing gamma-hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under s. 505 of the Federal Food, Drug, and Cosmetic Act. (4) SCHEDULE IV.—A substance in Schedule IV has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States, and abuse of the substance may lead to limited physical or psychological dependence relative to the substances in Schedule III. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, are controlled in Schedule IV: State Statutes 851 (a) Alprazolam. (b) Barbital. (c) Bromazepam. (d) Camazepam. (e) Cathine. (f) Chloral betaine. (g) Chloral hydrate. (h) Chlordiazepoxide. (i) Clobazam. (j) Clonazepam. (k) Clorazepate. (l) Clotiazepam. (m)Cloxazolam. (n) Delorazepam. (o) Propoxyphene (dosage forms). (p) Diazepam. (q) Diethylpropion. (r) Estazolam. (s) Ethchlorvynol. (t) Ethinamate. (u) Ethyl loflazepate. (v) Fencamfamin. (w)Fenfluramine. (x) Fenproporex. (y) Fludiazepam. (z) Flurazepam. (aa) Halazepam. (bb) Haloxazolam. (cc) Ketazolam. (dd) Loprazolam. (ee) Lorazepam. (ff) Lormetazepam. (gg) Mazindol. (hh) Mebutamate. (ii) Medazepam. (jj) Mefenorex. (kk) Meprobamate. (ll) Methohexital. (mm) Methylphenobarbital. (nn) Midazolam. (oo) Nimetazepam. (pp) Nitrazepam. (qq) Nordiazepam. (rr)Oxazepam. (ss) Oxazolam. (tt) Paraldehyde. (uu) Pemoline. (vv) Pentazocine. (ww)Phenobarbital. (xx) Phentermine. (yy) Pinazepam. (zz) Pipradrol. (aaa) Prazepam. (bbb) Propylhexedrine, excluding any patent or proprietary preparation containing propylhexedrine, unless otherwise provided by federal law. (ccc)Quazepam. (ddd) Tetrazepam. (eee) SPA[(-)-1 dimethylamino-1, 2 diphenylethane]. (fff)Temazepam. (ggg) Triazolam. (hhh) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (iii)Butorphanol tartrate. (jjj)Carisoprodol. (5) SCHEDULE V.—A substance, compound, mixture, or preparation of a substance in Schedule V has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States, and abuse of such compound, mixture, or preparation may lead to limited physical or psychological dependence relative to the substances in Schedule IV. (a) Substances controlled in Schedule V include any compound, mixture, or preparation containing any of the following limited quantities of controlled substances, which shall include one or more active medicinal ingredients which are not controlled substances in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the controlled substance alone: 1. Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams. 2. Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams. 3. Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams. 4. Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit. 5. Not more than 100 milligrams of opium per 100 milliliters or per 100 grams. (b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts: Buprenorphine. (c) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: Pyrovalerone. State Statutes 852 893.0301 Death resulting from apparent drug overdose; reporting requirements. If a person dies of an apparent drug overdose: (1) A law enforcement agency shall prepare a report identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 which is found on or near the deceased or among the deceased’s possessions. The report must identify the person who prescribed the controlled substance, if known or ascertainable. Thereafter, the law enforcement agency shall submit a copy of the report to the medical examiner. (2) A medical examiner who is preparing a report pursuant to s. 406.11 shall include in the report information identifying each prescribed controlled substance listed in Schedule II, Schedule III, or Schedule IV of s. 893.03 that was found in, on, or near the deceased or among the deceased’s possessions. 893.033 Listed chemicals. The chemicals listed in this section are included by whatever official, common, usual, chemical, or trade name designated. (1) PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a chemical that may be used in manufacturing a controlled substance in violation of this chapter and is critical to the creation of the controlled substance, and such term includes any salt, optical isomer, or salt of an optical isomer, whenever the existence of such salt, optical isomer, or salt of optical isomer is possible within the specific chemical designation. The following are “listed precursor chemicals”: (a) Anthranilic acid. (b) Benzaldehyde. (c) Benzyl cyanide. (d) Chloroephedrine. (e) Chloropseudoephedrine. (f) Ephedrine. (g) Ergonovine. (h) Ergotamine. (i) Ergocristine. (j) Ethylamine. (k) Iodine tincture above 2.2 percent. (l) Isosafrole. (m)Methylamine. (n) 3 , 4-Methylenedioxyphenyl-2-propanone. (o) N-Acetylanthranilic acid. (p) N-Ethylephedrine. (q) N-Ethylpseudoephedrine. (r) N-Methylephedrine. (s) N-Methylpseudoephedrine. (t) A N P P (4-Anilino-N-phenethyl-4-piperidine). (u) NPP (N-Phenethyl-4-piperidone). (v) Nitroethane. (w)Norpseudoephedrine. (x) Phenylacetic acid. (y) Phenylpropanolamine. (z) Piperidine. (aa) Piperonal. (bb) Propionic anhydride. (cc) Pseudoephedrine. (dd) Safrole. (2) ESSENTIAL CHEMICALS.—The term “listed essential chemical” means a chemical that may be used as a solvent, reagent, or catalyst in manufacturing a controlled substance in violation of this chapter. The following are “listed essential chemicals”: (a) Acetic anhydride. (b) Acetone. (c) Ammonium salts, including, but not limited to, nitrate, sulfate, phosphate, or chloride. (d) Anhydrous ammonia. (e) Benzoquinone. (f) Benzyl chloride. (g) 2-Butanone. (h) Ethyl ether. (i) Formic acid. (j) Hydrochloric acid. (k) Hydriodic acid. (l) Iodine. (m)Lithium. (n) Organic solvents, including, but not limited to, Coleman Fuel, camping fuel, ether, toluene, or lighter fluid. (o) Organic cosolvents, including, but not limited to, glycerol, propylene glycol, or polyethylene glycol. (p) Potassium dichromate. (q) Potassium permanganate. (r) Sodium. (s) Sodium dichromate. (t) Sodium borohydride. (u) Sodium cyanoborohydride. (v) Sodium hydroxide. (w)Sulfuric acid. 893.10 Burden of proof; photograph or video recording of evidence. (1) It is not necessary for the state to negative any exemption or exception set forth in this chapter in any indictment, information, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of going forward with the evidence with respect to any exemption or exception is upon the person State Statutes 853 claiming its benefit. (2) In the prosecution of an offense involving the manufacture of a controlled substance, a photograph or video recording of the manufacturing equipment used in committing the offense, including, but not limited to, grow lights, growing trays, and chemical fertilizers, may be introduced as competent evidence of the existence and use of the equipment and is admissible in the prosecution of the offense to the same extent as if the property were introduced as evidence. (3) After a law enforcement agency documents the manufacturing equipment by photography or video recording, the manufacturing equipment may be destroyed on site and left in disrepair. The law enforcement agency destroying the equipment is immune from civil liability for the destruction of the equipment. The destruction of the equipment must be recorded by the supervising law enforcement officer in the manner described in s. 893.12(1)(a), and records must be maintained for 24 months. 893.105 Testing and destruction of seized substances (1) Any controlled substance or listed chemical seized as evidence may be sample tested and weighed by the seizing agency after the seizure. Any such sample and the analysis thereof shall be admissible into evidence in any civil or criminal action for the purpose of proving the nature, composition, and weight of the substance seized. In addition, the seizing agency may photograph or videotape, for use at trial, the controlled substance or listed chemical seized. (2) Controlled substances or listed chemicals that are not retained for sample testing as provided in subsection (1) may be destroyed pursuant to a court order issued in accordance with s. 893.12. 893.12 Contraband; seizure, forfeiture, sale. (1) All substances controlled by this chapter and all listed chemicals, which substances or chemicals are handled, delivered, possessed, or distributed contrary to any provisions of this chapter, and all such controlled substances or listed chemicals the lawful possession of which is not established or the title to which cannot be ascertained, are declared to be contraband, are subject to seizure and confiscation by any person whose duty it is to enforce the provisions of the chapter, and shall be disposed of as follows: (a) Except as in this section otherwise provided, the court having jurisdiction shall order such controlled substances or listed chemicals forfeited and destroyed. A record of the place where said controlled substances or listed chemicals were seized, of the kinds and quantities of controlled substances or listed chemicals destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath reporting said destruction shall be made to the court by the officer who destroys them. (b) Upon written application by the Department of Health, the court by whom the forfeiture of such controlled substances or listed chemicals has been decreed may order the delivery of any of them to said department for distribution or destruction as hereinafter provided. (c) Upon application by any hospital or laboratory within the state not operated for private gain, the department may, in its discretion, deliver any controlled substances or listed chemicals that have come into its custody by authority of this section to the applicant for medical use. The department may from time to time deliver excess stocks of such controlled substances or listed chemicals to the United States Drug Enforcement Administration or destroy same. (d) The department shall keep a full and complete record of all controlled substances or listed chemicals received and of all controlled substances or listed chemicals disposed of, showing: 1. The exact kinds, quantities, and forms of such controlled substances or listed chemicals; 2. The persons from whom received and to whom delivered; 3. By whose authority received, delivered, and destroyed; and 4. The dates of the receipt, disposal, or destruction, which record shall be open to inspection by all persons charged with the enforcement of federal and state drug abuse laws. (2) (a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which has been or is being used in violation of any provision of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the State Statutes 854 Florida Contraband Forfeiture Act. (b) All real property, including any right, title, leasehold interest, and other interest in the whole of any lot or tract of land and any appurtenances or improvements, which real property is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of, or which real property is acquired with proceeds obtained as a result of, a violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder. (c) All moneys, negotiable instruments, securities, and other things of value furnished or intended to be furnished by any person in exchange for a controlled substance described in s. 893.03(1) or (2) or a listed chemical in violation of any provision of this chapter, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of this chapter or which are acquired with proceeds obtained in violation of any provision of this chapter may be seized and forfeited as provided by the Florida Contraband Forfeiture Act, except that no property shall be forfeited under this paragraph to the extent of an interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed or omitted without the knowledge or consent of that owner or lienholder. (d) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, or which are acquired with proceeds obtained, in violation of any provision of this chapter related to a controlled substance described in s. 893.03(1) or (2) or a listed chemical may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. (e) If any of the property described in this subsection: 1. Cannot be located; 2. Has been transferred to, sold to, or deposited with, a third party; 3. Has been placed beyond the jurisdiction of the court; 4. Has been substantially diminished in value by any act or omission of the defendant; or 5. Has been commingled with any property which cannot be divided without difficulty, the court shall order the forfeiture of any other property of the defendant up to the value of any property subject to forfeiture under this subsection. (3) Any law enforcement agency is empowered to authorize or designate officers, agents, or other persons to carry out the seizure provisions of this section. It shall be the duty of any officer, agent, or other person so authorized or designated, or authorized by law, whenever she or he shall discover any vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research which has been or is being used or intended to be used, or which is acquired with proceeds obtained, in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vessel, vehicle, aircraft, real property or interest in real property, money, negotiable instrument, security, book, record, or research and place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to these provisions. (4) The rights of any bona fide holder of a duly recorded mortgage or duly recorded vendor’s privilege on the property seized under this chapter shall not be affected by the seizure. 893.13 Prohibited acts; penalties. (1) (a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. A person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. State Statutes 855 775.083, or s. 775.084. 3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Except as provided in this chapter, a person may not sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. A person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. As used in this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than 2 square feet in size with a word legend identifying the facility as a licensed child care facility and that is posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public. (d) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private college, university, or other postsecondary educational institution. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. (e) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., State Statutes 856 (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. (f) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public housing facility at any time. As used in this section, the term “real property comprising a public housing facility” means real property, as defined in s. 421.03(12), of a public corporation created as a housing authority pursuant to part I of chapter 421. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. (g) Except as authorized by this chapter, a person may not manufacture methamphetamine or phencyclidine, or possess any listed chemical as defined in s. 893.033 in violation of s. 893.149 and with intent to manufacture methamphetamine or phencyclidine. If a person violates this paragraph and: 1. The commission or attempted commission of the crime occurs in a structure or conveyance where any child younger than 16 years of age is present, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 5 calendar years. 2. The commission of the crime causes any child younger than 16 years of age to suffer great bodily harm, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 10 calendar years. (h) Except as authorized by this chapter, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising an assisted living facility, as that term is used in chapter 429. A person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law. (2) (a) Except as authorized by this chapter and chapter 499, a person may not purchase, or possess with intent to purchase, a controlled substance. A person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. A controlled substance named or described in s. 893.03(5) commits a State Statutes 857 misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Except as provided in this chapter, a person may not purchase more than 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. A person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who delivers, without consideration, 20 grams or less of cannabis, as defined in this chapter, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. As used in this subsection, the term “cannabis” does not include the resin extracted from the plants of the genus Cannabis or any compound manufacture, salt, derivative, mixture, or preparation of such resin. (4) Except as authorized by this chapter, a person 18 years of age or older may not deliver any controlled substance to a person younger than 18 years of age, use or hire a person younger than 18 years of age as an agent or employee in the sale or delivery of such a substance, or use such person to assist in avoiding detection or apprehension for a violation of this chapter. A person who violates this subsection with respect to: (a) A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Any other controlled substance, except as lawfully sold, manufactured, or delivered, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Imposition of sentence may not be suspended or deferred, and the person so convicted may not be placed on probation. (5) A person may not bring into this state any controlled substance unless the possession of such controlled substance is authorized by this chapter or unless such person is licensed to do so by the appropriate federal agency. A person who violates this provision with respect to: (a) A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A controlled substance named or described in s. 893.03(5) c o m m i t s a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (6) (a) A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. A person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. As used in this subsection, the term “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin. (c) Except as provided in this chapter, a person may not possess more than 10 grams of any substance named or described in s. 893.03(1)(a), (1)(b), or (2)(b), or any combination thereof, or any mixture containing any such substance. A person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) If the offense is possession of a controlled substance named or described in s. 893.03(5), the person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (e) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer State Statutes 858 has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis. (7) (a) A person may not: 1. Distribute or dispense a controlled substance in violation of this chapter. 2. Refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter. 3. Refuse entry into any premises for any inspection or refuse to allow any inspection authorized by this chapter. 4. Distribute a controlled substance named or described in s. 893.03(1) or (2) except pursuant to an order form as required by s. 893.06. 5. Keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter. 6. Use to his or her own personal advantage, or reveal, any information obtained in enforcement of this chapter except in a prosecution or administrative hearing for a violation of this chapter. 7. Possess a prescription form unless it has been signed by the practitioner whose name appears printed thereon and completed. This subparagraph does not apply if the person in possession of the form is the practitioner whose name appears printed thereon, an agent or employee of that practitioner, a pharmacist, or a supplier of prescription forms who is authorized by that practitioner to possess those forms. 8. Withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days. 9. Acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. 10.Affix any false or forged label to a package or receptacle containing a controlled substance. 11.Furnish false or fraudulent material information in, or omit any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter. 12.Store anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia or is not constructed in accordance with sound engineering, agricultural, or commercial practices. 13.With the intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtain or attempt to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this subparagraph, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner or as described in subparagraph 8. (b) A health care practitioner, with the intent to provide a controlled substance or combination of controlled substances that are not medically necessary to his or her patient or an amount of controlled substances that is not medically necessary for his or her patient, may not provide a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this paragraph, a material fact includes whether the patient has an existing prescription for a controlled substance issued for the same period of time by another practitioner or as described in subparagraph (a)8. (c) A person who violates subparagraphs (a)1.-6. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except that, upon a second or subsequent violation, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) A person who violates subparagraphs (a)7.-12. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. State Statutes 859 (e) A person or health care practitioner who violates the provisions of subparagraph (a)13. or paragraph (b) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if any controlled substance that is the subject of the offense is listed in Schedule II, Schedule III, or Schedule IV. (8) (a) Notwithstanding subsection (9), a prescribing practitioner may not: 1. Knowingly assist a patient, other person, or the owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practice of the prescribing practitioner’s professional practice;. 2. Employ a trick or scheme in the practice of the prescribing practitioner’s professional practice to assist a patient, other person, or the owner of an animal in obtaining a controlled substance;. 3. Knowingly write a prescription for a controlled substance for a fictitious person; or. 4. Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing such prescription is to provide a monetary benefit to, or obtain a monetary benefit for, the prescribing practitioner. (b) If the prescribing practitioner wrote a prescription or multiple prescriptions for a controlled substance for the patient, other person, or animal for which there was no medical necessity, or which was in excess of what was medically necessary to treat the patient, other person, or animal, that fact does not give rise to any presumption that the prescribing practitioner violated subparagraph (a)1., but may be considered with other competent evidence in determining whether the prescribing practitioner knowingly assisted a patient, other person, or the owner of an animal to obtain a controlled substance in violation of subparagraph (a)1. (c) A person who violates paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Notwithstanding paragraph (c), if a prescribing practitioner has violated paragraph (a) and received $1,000 or more in payment for writing one or more prescriptions or, in the case of a prescription written for a controlled substance described in s. 893.135, has written one or more prescriptions for a quantity of a controlled substance which, individually or in the aggregate, meets the threshold for the offense of trafficking in a controlled substance under s. 893.135, the violation is reclassified as a felony of the second degree and ranked in level 4 of the Criminal Punishment Code. (9) The provisions of subsections (1)-(8) are not applicable to the delivery to, or actual or constructive possession for medical or scientific use or purpose only of controlled substances by, persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties: (a) Pharmacists. (b) Practitioners. (c) Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale. (d) Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital. (e) Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction. (f) Common carriers. (g) Manufacturers, wholesalers, and distributors. (h) Law enforcement officers for bona fide law enforcement purposes in the course of an active criminal investigation. (10) If a person violates any provision of this chapter and the violation results in a serious injury to a state or local law enforcement officer as defined in s. 943.10, firefighter as defined in s. 633.102, emergency medical technician as defined in s. 401.23, paramedic as defined in s. 401.23, employee of a public utility or an electric utility as defined in s. 366.02, animal control officer as defined in s. 828.27, volunteer firefighter engaged by state or local government, law enforcement officer employed by the Federal Government, or any other local, state, or Federal Government employee injured during the course and scope of his or her employment, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the State Statutes 860 injury sustained results in death or great bodily harm, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking. (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13: (a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved: 1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000. 2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000. 3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000. For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “cannabis plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph. (b) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph: a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such State Statutes 861 killing was the result; or. b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,. such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. 3. Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (c) 1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000. b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $100,000. c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000. 2. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of hydrocodone, as described in s. 893.03(2)(a)1.j., codeine, as described in s. 893.03(2)(a)1.g., or any salt thereof, or 14 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in hydrocodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000. b. Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000. c. Is 50 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000. d. Is 200 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000. 3. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 893.03(2)(a)1.o., or any salt thereof, or 7 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000. b. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000. c. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be State Statutes 862 ordered to pay a fine of $500,000. d. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000. 4. a. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of: (I) Alfentanil, as described in s. 893.03(2)(b)1.;. (II) Carfentanil, as described in s. 893.03(2)(b)6.;. (III)Fentanyl, as described in s. 893.03(2)(b)9.;. (IV) Sufentanil, as described in s. 893.03(2)(b)29.;. (V)A fentanyl derivative, as described in s. 893.03(1)(a)62.;. (VI) A controlled substance analog, as described in s. 893.0356, of any substance described in sub-sub-subparagraphs (I)-(V); or. (VII) A mixture containing any substance described in sub-sub-subparagraphs (I)-(VI),. commits a felony of the first degree, which felony shall be known as “trafficking in fentanyl,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. b. If the quantity involved under sub-subparagraph a.: (I) Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and shall be ordered to pay a fine of $50,000. (II) Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and shall be ordered to pay a fine of $100,000. (III)Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and shall be ordered to pay a fine of $500,000. 5. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph: a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or. b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,. such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. 6. A person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (d) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. State Statutes 863 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of the first degree, which felony shall be known as “trafficking in phencyclidine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly brings into this state 800 grams or more of phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 893.03(2)(b)23., a substituted phenylcyclohexylamine, as described in s. 893.03(1)(c)195., or a substance described in s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (e) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), commits a felony of the first degree, which felony shall be known as “trafficking in methaqualone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)(d), and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (f) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: State Statutes 864 a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (g) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000. 2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph: a. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or. b. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,. such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (h) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as provided in s. State Statutes 865 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (i) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-butyrolactone (GBL),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000. 2. Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (j) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as “trafficking in 1,4-Butanediol,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000. 2. Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any State Statutes 866 person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (k) 1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of a: a. Substance described in s. 893.03(1)(c)4., 5., 10., 11., 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 187.-189., a substituted cathinone, as described in s. 893.03(1)(c)191., or substituted phenethylamine, as described in s. 893.03(1)(c)192.;. b. Mixture containing any substance described in sub-subparagraph a.; or. c. Salt, isomer, ester, or ether or salt of an isomer, ester, or ether of a substance described in sub-subparagraph a.,. commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the quantity involved under subparagraph 1.: a. Is 10 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000. b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000. c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $250,000. 3. A person who knowingly manufactures or brings into this state 30 kilograms or more of a substance described in sub-subparagraph 1.a., a mixture described in sub-subparagraph 1.b., or a salt, isomer, ester, or ether or a salt of an isomer, ester, or ether described in sub-subparagraph 1.c., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2. (l) 1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as “trafficking in lysergic acid diethylamide (LSD),” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000. 2. Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. (m) 1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly State Statutes 867 in actual or constructive possession of, 280 grams or more of a: a. Substance described in s. 893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in s. 893.03(1)(c)190.; or. b. Mixture containing any substance described in sub-subparagraph a.,. commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the quantity involved under subparagraph 1.: a. Is 280 grams or more, but less than 500 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 500 grams or more, but less than 1,000 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 1,000 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $200,000. d. Is 30 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and the defendant shall be ordered to pay a fine of $750,000. (n) 1. A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of: a. A substance described in s. 893.03(1)(c)164., 174., or 175., a n-benzyl phenethylamine compound, as described in s. 893.03(1)(c)193.; or. b. A mixture containing any substance described in sub-subparagraph a.,. commits a felony of the first degree, which felony shall be known as “trafficking in n-benzyl phenethylamines,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the quantity involved under subparagraph 1.: a. Is 14 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000. b. Is 100 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000. c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $500,000. 3. A person who knowingly manufactures or brings into this state 400 grams or more of a substance described in sub-subparagraph 1.a. or a mixture described in sub-subparagraph 1.b., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of a n-benzyl phenethylamine compound, a capital felony punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2. (2) A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed. (3) Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment. (4) The state attorney may move the State Statutes 868 sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance. (5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1). (6) A mixture, as defined in s. 893.02, containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a gelatin capsule, pill, or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture. (7) For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in Hayes v. State, 750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent. 893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance. (1) A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution. 893.145 “Drug paraphernalia” defined. The term “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled State Statutes 869 substance in violation of this chapter or s. 877.111. Drug paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The term includes, but is not limited to: (1) Kits used, intended for use, or designed for use in the planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances. (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance. (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances. (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances. (6) Diluents and adulterants, such as quinine hydrochloride, caffeine, dimethyl sulfone, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in diluting controlled substances; or substances such as damiana leaf, marshmallow leaf, and mullein leaf, used, intended for use, or designed for use as carrier mediums of controlled substances. (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, cannabis. (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances. (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances. (10) Containers and other objects used, intended for use, or designed for use in storing, concealing, or transporting controlled substances. (11) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body. (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances, as described in s. 893.03, or substances described in s. 877.111(1) into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls. (b) Water pipes. (c) Carburetion tubes and devices. (d) Smoking and carburetion masks. (e) Roach clips: meaning objects used to hold burning material, such as a cannabis cigarette, that has become too small or too short to be held in the hand. (f) Miniature cocaine spoons, and cocaine vials. (g) Chamber pipes. (h) Carburetor pipes. (i) Electric pipes. (j) Air-driven pipes. (k) Chillums. (l) Bongs. (m)Ice pipes or chillers. (n) A cartridge or canister, which means a small metal device used to contain nitrous oxide. (o) A charger, sometimes referred to as a “cracker,” which means a small metal or plastic device that contains an interior pin that may be used to expel nitrous oxide from a cartridge or container. (p) A charging bottle, which means a device that may be used to expel nitrous oxide from a cartridge or canister. (q) A whip-it, which means a device that may be used to expel nitrous oxide. (r) A tank. (s) A balloon. (t) A hose or tube. (u) A 2-liter-type soda bottle. (v) Duct tape. 893.146 Determination of paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use. (2) The proximity of the object, in time and space, to a direct violation of this act. (3) The proximity of the object to controlled substances. (4) The existence of any residue of controlled substances on the object. (5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a State Statutes 870 violation of this act. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this act shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia. (6) Instructions, oral or written, provided with the object concerning its use. (7) Descriptive materials accompanying the object which explain or depict its use. (8) Any advertising concerning its use. (9) The manner in which the object is displayed for sale. (10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products. (11) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise. (12) The existence and scope of legitimate uses for the object in the community. (13) Expert testimony concerning its use. 893.147 Use, possession, manufacture, delivery, transportation, advertisement, or retail sale of drug paraphernalia. (1) USE OR POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia: (a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or (b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used: (a) To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this act; or (b) To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this act. Any person who violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) D E L I V E R Y O F D R U G PARAPHERNALIA TO A MINOR. (a) Any person 18 years of age or over who violates subsection (2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) It is unlawful for any person to sell or otherwise deliver hypodermic syringes, needles, or other objects which may be used, are intended for use, or are designed for use in parenterally injecting substances into the human body to any person under 18 years of age, except that hypodermic syringes, needles, or other such objects may be lawfully dispensed to a person under 18 years of age by a licensed practitioner, parent, or legal guardian or by a pharmacist pursuant to a valid prescription for same. Any person who violates the provisions of this paragraph is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4)TRANSPORTATION OF DRUG PARAPHERNALIA. It is unlawful to use, possess with the intent to use, or manufacture with the intent to use drug paraphernalia, knowing or under circumstances in which one reasonably should know that it will be used to transport: (a) A controlled substance in violation of this chapter; or (b) Contraband as defined in s. 932.701(2)(a)1. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5)ADVERTISEMENT OF DRUG PARAPHERNALIA. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. State Statutes 871 (6)RETAIL SALE OF DRUG PARAPHERNALIA. (a) It is unlawful for a person to knowingly and willfully sell or offer for sale at retail any drug paraphernalia described in s. 893.145(12)(a)-(c) or (g)-(m), other than a pipe that is primarily made of briar, meerschaum, clay, or corn cob. (b) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and, upon a second or subsequent violation, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 893.149 Unlawful possession of listed chemical. (1) It is unlawful for any person to knowingly or intentionally: (a) Possess a listed chemical with the intent to unlawfully manufacture a controlled substance; (b) Possess or distribute a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance. (2) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) This section does not apply to a public employee or private contractor authorized to clean up or dispose of hazardous waste or toxic substances resulting from the prohibited activities listed in s. 893.13(1)(g). (4) Any damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or persons unlawfully possessing, storing, or tampering with the listed chemical. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with a listed chemical extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor, or seller of the listed chemical, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor, or seller which constitute negligent misconduct or failure to abide by the laws regarding the possession or storage of a listed chemical. 893.1495 Retail sale of ephedrine and related compounds. (1) For purposes of this section, the term “ephedrine or related compounds” means ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers. (2) A person may not knowingly obtain or deliver to an individual in any retail over-the-counter sale any nonprescription compound, mixture, or preparation containing ephedrine or related compounds in excess of the following amounts: (a) In any single day, any number of packages that contain a total of 3.6 grams of ephedrine or related compounds; (b) In any single retail, over-the-counter sale, three packages, regardless of weight, containing ephedrine or related compounds; or (c) In any 30-day period, in any number of retail, over-the-counter sales, a total of 9 grams or more of ephedrine or related compounds. (3) A person may not knowingly display and offer for retail sale any nonprescription compound, mixture, or preparation containing ephedrine or related compounds other than behind a checkout counter where the public is not permitted or other such location that is not otherwise accessible to the general public. (4) A person who is the owner or primary operator of a retail outlet where any nonprescription compound, mixture, or preparation containing ephedrine or related compounds is available for sale may not knowingly allow an employee to engage in the retail sale of such compound, mixture, or preparation unless the employee has completed an employee training program that shall include, at a minimum, basic instruction on state and federal regulations relating to the sale and distribution of such compounds, mixtures, or preparations. (5) (a) Any person purchasing, receiving, or otherwise acquiring any nonprescription compound, mixture, or preparation containing any detectable quantity of ephedrine or related compounds must: 1. Be at least 18 years of age. 2. Produce a government-issued photo identification showing his or her name, date of birth, address, and photo identification number or an alternative form of identification acceptable under 8 C.F.R. s. 274a.2(b)(1)(v)(A) and (B). 3. Sign his or her name on a record of the purchase, either on paper or on an electronic signature capture device. (b) The Department of Law Enforcement shall approve an electronic recordkeeping State Statutes 872 system for the purpose of recording and monitoring the real-time purchase of products containing ephedrine or related compounds and for the purpose of monitoring this information in order to prevent or investigate illegal purchases of these products. The approved electronic recordkeeping system shall be provided to a pharmacy or retailer without any additional cost or expense. A pharmacy or retailer may request an exemption from electronic reporting from the Department of Law Enforcement if the pharmacy or retailer lacks the technology to access the electronic recordkeeping system and such pharmacy or retailer maintains a sales volume of less than 72 grams of ephedrine or related compounds in a 30-day period. The electronic recordkeeping system shall record the following: 1. The date and time of the transaction. 2. The name, date of birth, address, and photo identification number of the purchaser, as well as the type of identification and the government of issuance. 3. The number of packages purchased, the total grams per package, and the name of the compound, mixture, or preparation containing ephedrine or related compounds. 4. The signature of the purchaser, or a unique number relating the transaction to a paper signature maintained at the retail premises. (c) The electronic recordkeeping system shall provide for: 1. Real-time tracking of nonprescription over-the-counter sales under this section. 2. The blocking of nonprescription over-the-counter sales in excess of those allowed by the laws of this state or federal law. (6) A nonprescription compound, mixture, or preparation containing any quantity of ephedrine or related compounds may not be sold over the counter unless reported to an electronic recordkeeping system approved by the Department of Law Enforcement. This subsection does not apply if the pharmacy or retailer has received an exemption from the Department of Law Enforcement under paragraph (5)(b). (7) Prior to completing a transaction, a pharmacy or retailer distributing products containing ephedrine or related compounds to consumers in this state shall submit all required data into an electronic recordkeeping system approved by the Department of Law Enforcement at the point of sale or through an interface with the electronic recordkeeping system, unless granted an exemption by the Department of Law Enforcement pursuant to paragraph (5)(b). (8) The data submitted to the electronic recordkeeping system must be retained within the system for no less than 2 years following the date of entry. (9) The requirements of this section relating to the marketing, sale, or distribution of products containing ephedrine or related compounds supersede any local ordinance or regulation passed by a county, municipality, or other local governmental authority. (10) This section does not apply to: (a) Licensed manufacturers manufacturing and lawfully distributing products in the channels of commerce. (b) Wholesalers lawfully distributing products in the channels of commerce. (c) Health care facilities licensed under chapter 395. (d) Licensed long-term care facilities. (e)Government-operated health departments. (f) Physicians’ offices. (g) Publicly operated prisons, jails, or juvenile correctional facilities or private adult or juvenile correctional facilities under contract with the state. (h) Public or private educational institutions maintaining health care programs. (i) G o v e r n m e n t - o p e r a t e d o r industry-operated medical facilities serving employees of the government or industry operating them. (11) Any individual who violates subsection (2), subsection (3), or subsection (4) commits: (a) For a first offense, a misdemeanor of the second degree, punishable as provided in s. 775.083. (b) For a second offense, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) For a third or subsequent offense, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (12) Information contained within the electronic recordkeeping system shall be disclosed in a manner authorized by state or federal law. Any retailer or entity that collects information on behalf of a retailer as State Statutes 873 required by the Combat Methamphetamine Epidemic Act of 2005 and this section may not access or use that information, except for law enforcement purposes pursuant to state or federal law or to facilitate a product recall for public health and safety. (13) A person who sells any product containing ephedrine or related compounds who in good faith releases information under this section to federal, state, or local law enforcement officers, or any person acting on behalf of such an officer, is immune from civil liability for the release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. (14) The Department of Law Enforcement shall contract or enter into a memorandum of understanding, as applicable, with a private third-party administrator to implement the electronic recordkeeping system required by this section. (15) The Department of Law Enforcement shall adopt rules necessary to implement this section. 893.21 Drug-related overdoses; medical assistance; immunity from prosecution. (1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person’s seeking medical assistance. (2) A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. (3) Protection in this section from prosecution for possession offenses under this chapter may not be grounds for suppression of evidence in other criminal prosecutions. 901.02 When warrant of arrest to be issued. (1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge’s name of office. (2) The court may issue a warrant for the defendant’s arrest when all of the following circumstances apply: (a) A complaint has been filed charging the commission of a misdemeanor only. (b) The summons issued to the defendant has been returned unserved. (c) The conditions of subsection (1) are met. (3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint: (a) Bears the affiant’s signature, or electronic signature if the complaint was submitted electronically. (b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths. (c) If submitted electronically, is submitted by reliable electronic means. (4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40. 901.04 Direction and execution of warrant. Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the existence of the warrant. An arrest may be made on any day and at any time of the day or night. 901.09 When summons shall be issued. (1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the trial court judge shall issue a warrant. (2) When the complaint is for a misdemeanor that the trial court judge is not empowered to try summarily, the trial court judge shall issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons. (3) The summons shall set forth State Statutes 874 substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the trial court judge at a stated time and place. 901.11 Effect of not answering summons. Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant. 901.15 When arrest by officer without warrant is lawful.A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit. (2) A felony has been committed and he or she reasonably believes that the person committed it. (3) He or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it. (4) A warrant for the arrest has been issued and is held by another peace officer for execution. (5) A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. Any law enforcement officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated chapter 316, may arrest the driver for violation of those laws when reasonable and proper identification of the vehicle and the violation has been communicated to the arresting officer. (6) There is probable cause to believe that the person has committed a criminal act according to s. 790.233 or according to s. 741.31 or s. 784.047 which violates an injunction for protection entered pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, over the objection of the petitioner, if necessary. (7) There is probable cause to believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that otherwise might result by reason of his or her action. (8) There is probable cause to believe that the person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. The decision to arrest does not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to protect abused children by strongly encouraging the arrest and prosecution of persons who commit child abuse. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of his or her action. (9) There is probable cause to believe that the person has committed: (a) Any battery upon another person, as defined in s. 784.03. (b) An act of criminal mischief or a graffiti-related offense as described in s. 806.13. (c) A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in s. 327.461. (10) The officer has determined that he or she has probable cause to believe that a misdemeanor has been committed, based upon a signed affidavit provided to the officer by a law enforcement officer of the United States Government, recognized as such by United States statute, or a United States military law enforcement officer, recognized as such by the Uniform Code of Military Justice or the United States State Statutes 875 Department of Defense Regulations, when the misdemeanor was committed in the presence of the United States law enforcement officer or the United States military law enforcement officer on federal military property over which the state has maintained exclusive jurisdiction for such a misdemeanor. (11) (a) A law enforcement officer of the Florida National Guard, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, has probable cause to believe a felony was committed on state military property or when a felony or misdemeanor was committed in his or her presence on such property. (b) All law enforcement officers of the Florida National Guard shall promptly surrender all persons arrested and charged with a felony to the sheriff of the county within which the state military property is located, and all persons arrested and charged with misdemeanors shall be surrendered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the state military property is located. The Florida National Guard shall promptly notify the applicable law enforcement agency of an arrest and the location of the prisoner. (c) The Adjutant General, in consultation with the Criminal Justice Standards and Training Commission, shall prescribe minimum training standards for such law enforcement officers of the Florida National Guard. (12) He or she is employed by the State of Florida as a law enforcement officer as defined in s. 943.10(1) or part-time law enforcement officer as defined in s. 943.10(6), and: (a) He or she reasonably believes that a felony involving violence has been or is being committed and that the person to be arrested has committed or is committing the felony; (b) While engaged in the exercise of his or her state law enforcement duties, the officer reasonably believes that a felony has been or is being committed; or (c) A felony warrant for the arrest has been issued and is being held for execution by another peace officer. Notwithstanding any other provision of law, the authority of an officer pursuant to this subsection is statewide. This subsection does not limit the arrest authority conferred on such officer by any other provision of law. (13) There is probable cause to believe that the person has committed an act that violates a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046. (14) There is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in conspicuous areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas. An arrest under this subsection may be made on or off airport premises. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of the law enforcement officer’s action. (15) There is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties. (16) There is probable cause to believe that the person has committed a criminal act of sexual cyberharassment as described in s. 784.049. 901.1503 When notice to appear by officer without warrant is lawful. A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that he or she has probable cause to believe that a violation of s. 509.144 has been committed and the owner or manager of the public lodging establishment in which the violation occurred and one additional affiant sign an affidavit containing information that supports the officer’s determination of probable cause. 901.1505 Federal law enforcement officers; powers. (1) As used in this section, the term "federal law enforcement officer" means a person who is employed by the Federal Government as a full-time law enforcement State Statutes 876 officer as defined by the applicable provisions of the United States Code, who is empowered to effect an arrest for violations of the United States Code, who is authorized to carry firearms in the performance of her or his duties, and who has received law enforcement training equivalent to that prescribed in s. 943.13. (2) Every federal law enforcement officer has the following authority: (a) To make a warrantless arrest of any person who has committed a felony or misdemeanor as defined by state statute, which felony or misdemeanor involves violence, in the presence of the officer while the officer is engaged in the exercise of her or his federal law enforcement duties. If the officer reasonably believes that such a felony or misdemeanor as defined by state statute has been committed in her or his presence, the officer may make a warrantless arrest of any person whom she or he reasonably believes to have committed such felony or misdemeanor. (b) To use any force which the officer reasonably believes to be necessary to defend herself or himself or another from bodily harm while making the arrest or any force necessarily committed in arresting any felon fleeing from justice when the officer reasonably believes either that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. (c) To conduct a warrantless search incident to the arrest, as provided in s. 901.21, and to conduct any other constitutionally permissible search pursuant to the officer's lawful duties. (d) To possess firearms; and to seize weapons in order to protect herself or himself from attack, prevent the escape of an arrested person, or assure the subsequent lawful custody of the fruits of a crime or the articles used in the commission of a crime, as provided in s. 901.21. 901.151 Stop and Frisk Law. (1) This section may be known and cited as the "Florida Stop and Frisk Law." (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person's presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense. (3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof. (4) If at any time after the onset of the temporary detention authorized by subsection (2), probable cause for arrest of person shall appear, the person shall be arrested. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be released. (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. (6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5). 901.16 Method of arrest by officer by a warrant. A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform the person, or when giving the information will imperil the arrest. The officer need not have the warrant in his or her possession at the time of arrest but on request of the person State Statutes 877 arrested shall show it to the person as soon as practicable. 901.17 Method of arrest by officer without warrant. A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil the arrest. 901.18 Officer may summon assistance. A peace officer making a lawful arrest may command the aid of persons she or he deems necessary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer and shall not be civilly liable for any reasonable conduct in rendering assistance to that officer. 901.19 Right of officer to break into building. (1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. (2) When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be publicly destroyed in the presence of witnesses under order of the court to that effect. 901.20 Use of force to effect release of person making arrest detained in building. A peace officer may use any reasonable force to liberate himself or herself or another person from detention in a building entered for the purpose of making a lawful arrest. 901.21 Search of person arrested. (1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of: (a) Protecting the officer from attack; (b) Preventing the person from escaping; or (c) Discovering the fruits of a crime. (2) A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of: (a) Protecting the officer from attack; (b) Preventing the escape of the arrested person; or (c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime. 901.211 Strip searches of persons arrested; body cavity search. (1) As used in this section, the term "strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person. (2) No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case which is violent in nature, which involves a weapon, or which involves a controlled substance, shall be strip searched unless: (a) There is probable cause to believe that the individual is concealing a weapon, a controlled substance, or stolen property; or (b) A judge at first appearance has found that the person arrested cannot be released either on recognizance or bond and therefore shall be incarcerated in the county jail. (3) Each strip search shall be performed by a person of the same gender as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search pursuant to this section. Any observer shall be of the same gender as the arrested person. (4) Any body cavity search must be performed under sanitary conditions. (5) No law enforcement officer shall order a strip search within the agency or facility without obtaining the written authorization of the supervising officer on duty. (6) Nothing in this section shall be construed as limiting any statutory or common-law right of any person for purposes of any civil State Statutes 878 action or injunctive relief. 901.215 Search of person arrested for identifying device indicating a medical disability. Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall, when arresting any person who appears to be inebriated, intoxicated, or not in control of his or her physical functions, examine such person to ascertain whether or not the person is wearing a medic-alert bracelet or necklace or has upon his or her person some other visible identifying device which would specifically delineate a medical disability which would account for the actions of such person. Any arresting officer who does, in fact, discover such identifying device upon such person shall take immediate steps to aid the afflicted person in receiving medication or other treatment for his or her disability. 901.22 Arrest after escape or rescue. If a person lawfully arrested escapes or is rescued, the person from whose custody she or he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a warrant at any time and in any place. 901.24 Right of person arrested to consult attorney. A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable. 901.25 Fresh pursuit; arrest outside jurisdiction. (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. It shall also include the pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor. (2) Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside the officer's jurisdiction when in fresh pursuit. Such officer shall have the same authority to arrest and hold such person in custody outside his or her jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. (3) If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the officer in charge of the jurisdiction in which the arrest is made. Such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a trial court judge of the county in which the arrest was made without unnecessary delay. (4) The employing agency of the state, county, or municipal officer making an arrest on fresh pursuit shall be liable for all actions of said officer in the same fashion that it is liable for the officer's acts made while making an arrest within his or her jurisdiction. (5) The officer making an arrest on fresh pursuit shall be fully protected with respect to pension, retirement, workers' compensation, and other such benefits just as if the officer had made an arrest in his or her own jurisdiction. 901.252 Authority to patrol municipally owned or leased property and facilities outside municipal limits; taking into custody outside territorial jurisdiction. (1) A duly constituted law enforcement officer employed by a municipality may patrol property and facilities which are owned or leased by the municipality but are outside the jurisdictional limits of the municipality, and, when there is probable cause to believe a person has committed or is committing a violation of state law or of a county or municipal ordinance on such property or facilities, may take the person into custody and detain the person in a reasonable manner and for a reasonable time. The law enforcement officer employed by the municipality shall immediately call a law enforcement officer with jurisdiction over the property or facility on which the violation occurred after detaining a person under this subsection. (2) A law enforcement officer employed by a municipality who detains a person under subsection (1) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any reasonable actions taken in compliance with State Statutes 879 subsection (1). 901.26 Arrest and detention of foreign nationals. Failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions shall not be a defense in any criminal proceeding against any foreign national and shall not be cause for the foreign national's discharge from custody. 901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. The issuance of a notice to appear shall not be construed to affect a law enforcement officer's authority to conduct an otherwise lawful search, as provided by law. 901.29 Authorization to take person to medical facility. Even though a notice to appear is issued, a law enforcement officer shall be authorized to take a person to a medical facility for such care as appropriate. 901.31 Failure to obey written promise to appear. Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt. 901.35 Financial responsibility for medical expenses. (1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving such care, treatment, hospitalization, and transportation. The provider of such services shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, and transportation from the following sources in the following order: (a) From an insurance company, health care corporation, or other source, if the prisoner is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses. (b) From the person receiving the medical care, treatment, hospitalization, or transportation. (c) From a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the injured party. (2) Upon a showing that reimbursement from the sources listed in subsection (1) is not available, the costs of medical care, treatment, hospitalization, and transportation shall be paid: (a) From the general fund of the county in which the person was arrested, if the arrest was for violation of a state law or county ordinance; or (b) From the municipal general fund, if the arrest was for violation of a municipal ordinance. The responsibility for payment of such medical costs shall exist until such time as an arrested person is released from the custody of the arresting agency. (3) An arrested person who has health insurance, subscribes to a health care corporation, or receives health care benefits from any other source shall assign such benefits to the health care provider. 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders. (1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) (a) In sentencing a person for violation of this section, a court may order restitution. (b) The sentencing court may issue such orders as are necessary to correct any public record because it contains a false State Statutes 880 name or other false identification information given in violation of this section. (c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record, as described in paragraph (b). 903.22 Arrest of principal by surety before forfeiture. A surety may arrest the defendant before a forfeiture of the bond for the purpose of surrendering the defendant or the surety may authorize a peace officer to make the arrest by endorsing the authorization on a certified copy of the bond. 910.01 Offenses committed partly in this state. (1) If the commission of an offense commenced outside the state is consummated within this state, the offender shall be tried in the county where the offense is consummated. (2) If the commission of an offense commenced within this state is consummated outside the state, the offender shall be tried in the county where the offense is commenced. 910.02 Offense committed while in transit. If an offense is committed on a railroad car, vehicle, watercraft, or aircraft traveling within this state and it is not known in which county the offense was committed, the accused may be tried in any county through which the railroad car, vehicle, watercraft, or aircraft has traveled. The accused is entitled to elect the county in which she or he will be tried, as provided in s. 910.03. 914.15 Law enforcement officers; nondisclosure of personal information. Any law enforcement officer of the state or of any political subdivision thereof who provides information relative to a criminal investigation or in proceedings preliminary to a criminal case may refuse, unless ordered by the court, to disclose his or her residence address, home telephone number, or any personal information concerning the officer's family. Any law enforcement officer who testifies as a witness in a criminal case may refuse to disclose personal information concerning his or her family unless it is determined by the court that such evidence is relevant to the case. 914.16 Child abuse and sexual abuse of victims under age 16 or persons with mental retardation; limits on interviews. The chief judge of each judicial circuit, after consultation with the state attorney and the public defender for the judicial circuit, the appropriate chief law enforcement officer, and any other person deemed appropriate by the chief judge, shall order reasonable limits on the number of interviews which a victim of a violation of s. 794.011, s. 800.04, s. 827.03, or s. 847.0135(5) who is under 16 years of age or a victim of a violation of s. 794.011, s. 800.02, s. 800.03, or s. 825.102 who has an intellectual disability as defined in s. 393.063 must submit to for law enforcement or discovery purposes. To the extent possible, the order must protect the victim from the psychological damage of repeated interrogations while preserving the rights of the public, the victim, and the person charged with the violation. 914.22 Tampering with or harassing a witness, victim, or informant; penalties. (1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to: (a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding; (b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding; (c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding; (d) Be absent from an official proceeding to which such person has been summoned by legal process; (e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or (f) Testify untruthfully in an official investigation or an official proceeding, commits the crime of tampering with a witness, victim, or informant. (2) Tampering with a witness, victim, or State Statutes 881 informant is a: (a) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor. (b) Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony. (c) Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony. (d) Felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony or a first degree felony punishable by a term of years not exceeding life. (e) Life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a life or capital felony. (f) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding. (3) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from: (a) Attending or testifying in an official proceeding or cooperating in an official investigation; (b) Reporting to a law enforcement officer or judge the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; (c) Arresting or seeking the arrest of another person in connection with an offense; or (d) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding; or attempts to do so, commits the crime of harassing a witness, victim, or informant. (4) Harassing a witness, victim, or informant is a: (a) Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, where the official investigation or official proceeding affected involves the investigation or prosecution of a misdemeanor. (b) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a third degree felony. (c) Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a second degree felony. (d) Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a first degree felony. (e) Felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or official proceeding affected involves the investigation or prosecution of a felony of the first degree punishable by a term of years not exceeding life or a prosecution of a life or capital felony. (f) Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where the offense level of the affected official investigation or official proceeding is indeterminable or where the affected official investigation or official proceeding involves a noncriminal investigation or proceeding. (5) For the purposes of this section: (a) An official proceeding need not be pending or about to be instituted at the time of the offense; and (b) The testimony or the record, document, or other object need not be admissible in evidence or free of a claim of privilege. (6) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance: (a) That the official proceeding before a judge, court, grand jury, or government agency is before a judge or court of the State Statutes 882 state, a state or local grand jury, or a state agency; or (b) That the judge is a judge of the state or that the law enforcement officer is an officer or employee of the state or a person authorized to act for or on behalf of the state or serving the state as an adviser or consultant. 914.23 Retaliating against a witness, victim, or informant. A person who knowingly engages in any conduct that causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for: (1) The attendance of a witness or party at an official proceeding, or for any testimony given or any record, document, or other object produced by a witness in an official proceeding; or (2) Any information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding given by a person to a law enforcement officer; or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily injury, such person is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Otherwise, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 918.12 Tampering with jurors. Any person who influences the judgment or decision of any grand or petit juror on any matter, question, cause, or proceeding which may be pending, or which may by law be brought, before him or her as such juror, with intent to obstruct the administration of justice, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 918.13 Tampering with or fabricating physical evidence (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation; or (b) Make, present, or use any record, document, or thing, knowing it to be false. (2) Any person who violates any provision of this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 933.01 Persons competent to issue search warrant. A search warrant authorized by law may be issued by any judge, including the committing judge of the trial court having jurisdiction where the place, vehicle, or thing to be searched may be. 933.02 Grounds for issuance of search warrant. Upon proper affidavits being made, a search warrant may be issued under the provisions of this chapter upon any of the following grounds: (1) When the property shall have been stolen or embezzled in violation of law; (2) When any property shall have been used: (a) As a means to commit any crime; (b) In connection with gambling, gambling implements and appliances; or (c) In violation of s. 847.011 or other laws in reference to obscene prints and literature; (3) When any property constitutes evidence relevant to proving that a felony has been committed; (4) When any property is being held or possessed: (a) In violation of any of the laws prohibiting the manufacture, sale, and transportation of intoxicating liquors; (b) In violation of the fish and game laws; (c) In violation of the laws relative to food and drug; or (d) In violation of the laws relative to citrus disease pursuant to s. 581.184; or (5) When the laws in relation to cruelty to animals, as provided in chapter 828, have been or are violated in any particular building or place. This section also applies to any papers or documents used as a means of or in aid of the commission of any offense against the laws of the state. 933.04 Affidavits. The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated and no search warrant shall be issued except upon probable cause, supported by oath or affirmation particularly describing the place to be searched and the person and thing to State Statutes 883 be seized. 933.05 Issuance in blank prohibited. A search warrant cannot be issued except upon probable cause supported by affidavit or affidavits, naming or describing the person, place, or thing to be searched and particularly describing the property or thing to be seized; no search warrant shall be issued in blank, and any such warrant shall be returned within 10 days after issuance thereof. 933.06 Sworn application required before issuance. The judge must, before issuing the warrant, have the application of some person for said warrant duly sworn to and subscribed, and may receive further testimony from witnesses or supporting affidavits, or depositions in writing, to support the application. The affidavit and further proof, if same be had or required, must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist. 933.07 Issuance of search warrants. (1) The judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of the search warrant, shall thereupon issue a search warrant signed by him or her with his or her name of office, to any sheriff and the sheriff’s deputies or any police officer or other person authorized by law to execute process, commanding the officer or person forthwith to search the property described in the warrant or the person named, for the property specified, and to bring the property and any person arrested in connection therewith before the judge or some other court having jurisdiction of the offense. (2) Notwithstanding any other provisions of this chapter, the Department of Agriculture and Consumer Services, based on grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this chapter for an area in size up to and including the full extent of the county in which the search warrant is issued. The judge issuing such search warrant shall conduct a court proceeding prior to the issuance of such search warrant upon reasonable notice and shall receive, hear, and determine any objections by property owners to the issuance of such search warrant. Such search warrant may be served by employees or authorized contractors of the Department of Agriculture and Consumer Services. Such search warrant may be made returnable at any time up to 6 months from the date of issuance. (3) A judge may electronically sign a search warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the application and proofs submitted, determines that the application: (a) Bears the affiant’s signature, or electronic signature if the application was submitted electronically. (b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths. (c) If submitted electronically, is submitted by reliable electronic means. (4) A search warrant shall be deemed to be issued by a judge at the time the judge affixes the judge’s signature or electronic signature to the warrant. As used in this section, the term “electronic signature” has the same meaning as provided in s. 933.40. 933.08 Search warrants to be served by officers mentioned therein. The search warrant shall in all cases be served by any of the officers mentioned in its direction, but by no other person except in aid of the officer requiring it, said officer being present and acting in its execution. 933.09 Officer may break open door, etc., to execute warrant. The officer may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute the warrant, if after due notice of the officer's authority and purpose he or she is refused admittance to said house or access to anything therein. 933.10 Execution of search warrant during day or night. A search warrant issued under this chapter may, if expressly authorized in such warrant by the judge, be executed by being served either in the daytime or in the nighttime, as the exigencies of the occasion may demand or require. 933.101 Service on Sunday. A search warrant may be executed by being served on Sunday, if expressly authorized in such warrant by the judge. 933.11 Duplicate to be delivered when warrant served. All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original State Statutes 884 warrant, and when the officer serves the warrant, he or she shall deliver a copy to the person named in the warrant, or in his or her absence to some person in charge of, or living on the premises. When property is taken under the warrant the officer shall deliver to such person a written inventory of the property taken and receipt for the same, specifying the same in detail, and if no person is found in possession of the premises where such property is found, shall leave the said receipt on the premises. . 933.12 Return and inventory. Upon the return of the warrant the officer shall attach thereto or thereon a true inventory of the property taken under the warrant, and at the foot of the inventory shall verify the same by affidavit taken before some officer authorized to administer oaths, or before the issuing officer, said verification to be to the following effect: I, A. B., the officer by whom the warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on said warrant. 933.13 Copy of inventory shall be delivered upon request. The judge to whom the warrant is returned, upon the request of any claimant or any person from whom said property is taken, or the officer who executed the search warrant, shall deliver to said applicant a true copy of the inventory of the property mentioned in the return on said warrant. 933.15 Obstruction of service or execution of search warrant; penalty. Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any search warrant, or shall assault, beat or wound any person or officer, or his or her deputies or assistants, knowing him or her to be such an officer or person so authorized, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 933.16 Maliciously procuring search warrant to be issued; penalty. Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 933.17 Exceeding authority in executing search warrant; penalty. Any officer who in executing a search warrant willfully exceeds his or her authority or exercises it with unnecessary severity, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 933.18 When warrant may be issued for search of private dwelling. No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless: (1) It is being used for the unlawful sale, possession, or manufacture of intoxicating liquor; (2) Stolen or embezzled property is contained therein; (3) It is being used to carry on gambling; (4) It is being used to perpetrate frauds and swindles; (5) The law relating to narcotics or drug abuse is being violated therein; (6) A weapon, instrumentality, or means by which a felony has been committed, or evidence relevant to proving said felony has been committed, is contained therein; (7) One or more of the following child abuse offenses is being committed there: (a) Interference with custody, in violation of s. 787.03. (b) Commission of an unnatural and lascivious act with a child, in violation of s. 800.02. (c) Exposure of sexual organs to a child, in violation of s. 800.03. (8) It is in part used for some business purpose such as a store, shop, saloon, restaurant, hotel, boardinghouse, or lodginghouse; (9) It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater products, or freshwater fish being unlawfully kept therein; (10) The laws in relation to cruelty to animals, as provided in chapter 828, have been or are being violated therein; or (11) An instrumentality or means by which sexual cyberharassment has been committed in violation of s. 784.049, or evidence relevant to proving that sexual cyberharassment has been committed in violation of s. 784.049, is contained therein. If, during a search pursuant to a warrant issued under this section, a child is discovered and appears to be in imminent danger, the law enforcement officer State Statutes 885 conducting such search may remove the child from the private dwelling and take the child into protective custody pursuant to chapter 39. The term “private dwelling” shall be construed to include the room or rooms used and occupied, not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable witness that he or she has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based. 933.19 Searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise. (1) The provisions of the opinion rendered by the Supreme Court of the United States on March 2, 1925, in that certain cause wherein George Carroll and John Kiro were plaintiffs in error and the United States was defendant in error, reported in 267 United States Reports, beginning at page 132, relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise, and construing the Fourth Amendment to the Constitution of the United States, are adopted as the statute law of the state applicable to searches and seizures under s. 12, Art. I of the State Constitution, when searches and seizures shall be made by any duly authorized and constituted bonded officer of this state exercising police authority in the enforcement of any law of the state relative to the unlawful transportation or hauling of intoxicating liquors or other contraband or illegal drugs or merchandise prohibited or made unlawful or contraband by the laws of the state. (2) The same rules as to admissibility of evidence and liability of officers for illegal or unreasonable searches and seizures as were laid down in said case by the Supreme Court of the United States shall apply to and govern the rights, duties and liabilities of officers and citizens in the state under the like provisions of the Florida Constitution relating to searches and seizures. (3) All points of law decided in the aforesaid case relating to the construction or interpretation of the provisions of the Constitution of the United States relative to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or merchandise shall be taken to be the law of the state enacted by the Legislature to govern and control such subject. 934.03 Interception and disclosure of wire, oral, or electronic communications prohibited. (1) Except as otherwise specifically provided in this chapter, any person who: (a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication; (b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: 1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or 2. Such device transmits communications by radio or interferes with the transmission of such communication; (c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; (d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or (e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation; shall be punished as provided in subsection (4). (2) (a) 1. It is lawful under this section and ss. 934.04-934.09 for an operator of a State Statutes 886 switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. 2. Notwithstanding any other law, a provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person, may provide information, facilities, or technical assistance to a person authorized by law to intercept wire, oral, or electronic communications if such provider, or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been provided with: a. A court order directing such assistance signed by the authorizing judge; or b. A certification in writing by a person specified in s. 934.09(7) that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. 3. A provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person may not disclose the existence of any interception or the device used to accomplish the interception with respect to which the person has been furnished an order under this section and ss. 934.04-934.09, except as may otherwise be required by legal process and then only after prior notice to the Governor, the Attorney General, the statewide prosecutor, or a state attorney, as may be appropriate. Any such disclosure renders such person liable for the civil damages provided under s. 934.10, and such person may be prosecuted under s. 934.43. An action may not be brought against any provider of wire, oral, or electronic communication service, or an officer, employee, or agent thereof, or landlord, custodian, or other person for providing information, facilities, or assistance in accordance with the terms of a court order under this section and ss. 934.04-934.09. (b) It is lawful under this section and ss. 934.04-934.09 for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his or her employment and in discharge of the monitoring responsibilities exercised by the commission in the enforcement of 47 U.S.C. chapter 5, to intercept a wire, oral, or electronic communication transmitted by radio or to disclose or use the information thereby obtained. (c) It is lawful under this section and ss. 934.04-934.09 for an investigative or law enforcement officer or a person acting under the direction of an investigative or law enforcement officer to intercept a wire, oral, or electronic communication when such person is a party to the communication or one of the parties to the communication has given prior consent to such interception and the purpose of such interception is to obtain evidence of a criminal act. (d) It is lawful under this section and ss. 934.04-934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception. (e) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing any criminal act. (f) It is lawful under this section and ss. 934.04-934.09 for an employee of a telephone company to intercept a wire communication for the sole purpose of tracing the origin of such communication when the interception is requested by the recipient of the communication and the recipient alleges that the communication is obscene, harassing, or threatening in nature. The individual conducting the interception shall notify local police authorities within 48 hours after the time of the interception. (g) It is lawful under this section and ss. 934.04-934.09 for an employee of: 1. An ambulance service licensed pursuant to s. 401.25, a fire station employing firefighters as defined by s. 633.102, a State Statutes 887 public utility, a law enforcement agency as defined by s. 934.02(10), or any other entity with published emergency telephone numbers; 2. An agency operating an emergency telephone number “911” system established pursuant to s. 365.171; or 3. The central abuse hotline operated pursuant to s. 39.201 to intercept and record incoming wire communications; however, such employee may intercept and record incoming wire communications on designated “911” telephone numbers and published nonemergency telephone numbers staffed by trained dispatchers at public safety answering points only. It is also lawful for such employee to intercept and record outgoing wire communications to the numbers from which such incoming wire communications were placed when necessary to obtain information required to provide the emergency services being requested. For the purpose of this paragraph, the term “public utility” has the same meaning as provided in s. 366.02 and includes a person, partnership, association, or corporation now or hereafter owning or operating equipment or facilities in the state for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation. (h) It shall not be unlawful under this section and ss. 934.04-934.09 for any person: 1. To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public. 2. To intercept any radio communication which is transmitted: a. By any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; b. By any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public; c. By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or d. By any marine or aeronautical communications system. 3. To engage in any conduct which: a. Is prohibited by s. 633 of the Communications Act of 1934; or b. Is excepted from the application of s. 705(a) of the Communications Act of 1934 by s. 705(b) of that act. 4. To intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station of consumer electronic equipment to the extent necessary to identify the source of such interference. 5. To intercept, if such person is another user of the same frequency, any radio communication that is not scrambled or encrypted made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system. 6. To intercept a satellite transmission that is not scrambled or encrypted and that is transmitted: a. To a broadcasting station for purposes of retransmission to the general public; or b. As an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, when such interception is not for the purposes of direct or indirect commercial advantage or private financial gain. 7. To intercept and privately view a private satellite video communication that is not scrambled or encrypted or to intercept a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted, if such interception is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain. (i) It shall not be unlawful under this section and ss. 934.04-934.09: 1. To use a pen register or a trap and trace device as authorized under ss. 934.31-934.34 or under federal law; or 2. For a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful, or abusive use of such service. (j) It is not unlawful under this section and State Statutes 888 ss. 934.04-934.09 for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser which are transmitted to, through, or from a protected computer if: 1. The owner or operator of the protected computer authorizes the interception of the communications of the computer trespasser; 2. The person acting under color of law is lawfully engaged in an investigation; 3. The person acting under color of law has reasonable grounds to believe that the contents of the communications of the computer trespasser will be relevant to the investigation; and 4. The interception does not acquire communications other than those transmitted to, through, or from the computer trespasser. (k) It is lawful under this section and ss. 934.04-934.09 for a child under 18 years of age to intercept and record an oral communication if the child is a party to the communication and has reasonable grounds to believe that recording the communication will capture a statement by another party to the communication that the other party intends to commit, is committing, or has committed an unlawful sexual act or an unlawful act of physical force or violence against the child. (3) (a) Except as provided in paragraph (b), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient. (b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication: 1. As otherwise authorized in paragraph (2)(a) or s. 934.08; 2. With the lawful consent of the originator or any addressee or intended recipient of such communication; 3. To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or 4. Which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency. (4) (a) Except as provided in paragraph (b), whoever violates subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41. (b) If the offense is a first offense under paragraph (a) and is not for any tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, and the wire or electronic communication with respect to which the offense under paragraph (a) was committed is a radio communication that is not scrambled, encrypted, or transmitted using modulation techniques the essential parameters of which have been withheld from the public with the intention of preserving the privacy of such communication, then: 1. If the communication is not the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, and the conduct is not that described in subparagraph (2)(h)7., the person committing the offense is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 2. If the communication is the radio portion of a cellular telephone communication, a cordless telephone communication that is transmitted between the cordless telephone handset and the base unit, a public land mobile radio service communication, or a paging service communication, the person committing the offense is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 934.15 Situations in which law enforcement officer may order telephone line cut, rerouted, or diverted. (1) The supervising law enforcement officer at the scene of an incident where there is reasonable cause to believe: (a) That a person is holding one or more hostages, (b) That a person has barricaded herself or himself and taken a position of confinement to avoid apprehension, (c) That there is the probability that a subject about to be arrested will resist with the use of weapons, or (d) That a person has barricaded herself State Statutes 889 or himself and is armed and is threatening suicide, may order law enforcement or telephone company personnel to cut, reroute, or divert telephone lines for the purpose of preventing telephone communications between the suspect and any person other than a law enforcement officer or the law enforcement officer's designee, if such cutting, rerouting, or diverting of telephone lines is technically feasible and can be performed without endangering the lives of telephone company or other utility personnel. (2) The good faith reliance by a telephone company on an oral or written order to cut, reroute, or divert telephone lines given by a supervising law enforcement officer under subsection (1) constitutes a complete defense to any civil, criminal, or administrative action arising out of such an order. 934.215 Unlawful use of a two-way communications device. Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 934.425 Installation of tracking devices or tracking applications; exceptions; penalties. (1) As used in this section, the term: (a) “Business entity” means any form of corporation, partnership, association, cooperative, joint venture, business trust, or sole proprietorship that conducts business in this state. (b) “Tracking application” means any software program whose primary purpose is to track or identify the location or movement of an individual. (c) “Tracking device” means any device whose primary purpose is to reveal its location or movement by the transmission of electronic signals. (d) “Person” means an individual but does not include a business entity. (2) Except as provided in subsection (4), a person may not knowingly install a tracking device or tracking application on another person’s property without the other person’s consent. (3) For purposes of this section, a person’s consent is presumed to be revoked if: (a) The consenting person and the person to whom consent was given are lawfully married and one person files a petition for dissolution of marriage from the other; or (b) The consenting person or the person to whom consent was given files an injunction for protection against the other person pursuant to s. 741.30, s. 741.315, s. 784.046, or s. 784.0485. (4) This section does not apply to: (a) A law enforcement officer as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that lawfully installs a tracking device or tracking application on another person’s property as part of a criminal investigation. (b) A parent or legal guardian of a minor child who installs a tracking device or tracking application on the minor child’s property if: 1. The parents or legal guardians are lawfully married to each other and are not separated or otherwise living apart, and either parent or legal guardian consents to the installation of the tracking device or tracking application; 2. The parent or legal guardian is the sole surviving parent or legal guardian of the minor child; 3. The parent or legal guardian has sole custody of the minor child; or 4. The parents or legal guardians are divorced, separated, or otherwise living apart and both consent to the installation of the tracking device or tracking application. (c) A caregiver of an elderly person or disabled adult, as those terms are defined in s. 825.101, if the elderly person’s or disabled adult’s treating physician certifies that the installation of a tracking device or tracking application onto the elderly person’s or disabled adult’s property is necessary to ensure the safety of the elderly person or disabled adult. (d) A person acting in good faith on behalf of a business entity for a legitimate business purpose. This paragraph does not apply to a person engaged in private investigation, as defined in s. 493.6101, on behalf of another person unless such activities would otherwise be exempt under this subsection if performed by the person engaging the private investigator. (e) An owner or lessee of a motor vehicle that installs, or directs the installation of, a tracking device or tracking application on such vehicle during the period of ownership or lease, provided that: 1. The tracking device or tracking State Statutes 890 application is removed before the vehicle’s title is transferred or the vehicle’s lease expires; 2. The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the case of an expired lease, consents in writing to the nonremoval of the tracking device or tracking application; or 3. The owner of the vehicle at the time of the installation of the tracking device or tracking application was the original manufacturer of the vehicle. (5) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 934.43 Criminal disclosure of subpoena, order, or authorization (1) Any person having knowledge of a warrant, subpoena, application, order, or other authorization which has been issued or obtained pursuant to the action of an investigative or law enforcement officer as authorized by this chapter, who: (a) With intent to obstruct, impede, or prevent an investigation, criminal prosecution, or civil, regulatory, or forfeiture action on behalf of the State of Florida or a political subdivision thereof; or (b) With intent to obstruct, impede, or prevent the obtaining by an investigative or law enforcement officer of the information or materials sought pursuant to such warrant, subpoena, application, order, or authorization gives notice or attempts to give notice of the investigation, criminal prosecution, or civil, regulatory, or forfeiture action, warrant, subpoena, application, order, or other authorization to any person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41. (2) This section does not prevent disclosure of the existence of the warrant, subpoena, application, order, or other authorization as otherwise provided under this chapter. 937.021 Missing child and missing adult reports. (1) Law enforcement agencies in this state shall adopt written policies that specify the procedures to be used to investigate reports of missing children and missing adults. The policies must ensure that cases involving missing children and adults are investigated promptly using appropriate resources. The policies must include: (a) Requirements for accepting missing child and missing adult reports; (b) Procedures for initiating, maintaining, closing, or referring a missing child or missing adult investigation; and (c) Standards for maintaining and clearing computer data of information concerning a missing child or missing adult which is stored in the Florida Crime Information Center and the National Crime Information Center. The standards must require, at a minimum, a monthly review of each case and a determination of whether the case should be maintained in the database. (2) An entry concerning a missing child or missing adult may not be removed from the Florida Crime Information Center or the National Crime Information Center databases based solely on the age of the missing child or missing adult. (3) A report that a child or adult is missing must be accepted by and filed with the law enforcement agency having jurisdiction in the county or municipality in which the child or adult was last seen. The filing and acceptance of the report imposes the duties specified in this section upon the law enforcement agency receiving the report. This subsection does not preclude a law enforcement agency from accepting a missing child or missing adult report when agency jurisdiction cannot be determined. (4) (a) Upon the filing of a police report that a child is missing by the parent or guardian, the Department of Children and Families, a community-based care provider, or a sheriff’s office providing investigative services for the department, the law enforcement agency receiving the report shall immediately inform all on-duty law enforcement officers of the missing child report, communicate the report to every other law enforcement agency having jurisdiction in the county, and within 2 hours after receipt of the report, transmit the report for inclusion within the Florida Crime Information Center and the National Crime Information Center databases. A law enforcement agency may not require a reporter to present an order that a child be taken into custody or any other such order before accepting a report that a child is missing. (b) Upon the filing of a credible police report that an adult is missing, the law enforcement agency receiving the report shall, within 2 hours after receipt of the report, transmit the report for inclusion within the Florida Crime Information Center State Statutes 891 and the National Crime Information Center databases. (5) (a) Upon receiving a request to record, report, transmit, display, or release Amber Alert or Missing Child Alert information from the law enforcement agency having jurisdiction over the missing child, the Department of Law Enforcement as the state Amber Alert coordinator, any state or local law enforcement agency, and the personnel of these agencies; any radio or television network, broadcaster, or other media representative; any dealer of communications services as defined in s. 202.11; or any agency, employee, individual, or entity is immune from civil liability for damages for complying in good faith with the request and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing Amber Alert or Missing Child Alert information pertaining to the child. (b) Upon receiving a request to record, report, transmit, display, or release information and photographs pertaining to a missing adult or missing child from the law enforcement agency having jurisdiction over the missing adult or missing child, the department, a state or local law enforcement agency, and the personnel of these agencies; any radio or television network, broadcaster, or other media representative; any dealer of communications services as defined in s. 202.11; or any agency, employee, individual, or person is immune from civil liability for damages for complying in good faith with the request to provide information and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing information or photographs pertaining to the missing adult or missing child. (c) Upon receiving a request to record, report, transmit, display, or release Silver Alert information from the law enforcement agency having jurisdiction over the missing adult, the Department of Law Enforcement as the state Silver Alert coordinator, any state or local law enforcement agency, and the personnel of these agencies; any radio or television network, broadcaster, or other media representative; any dealer of communications services as defined in s. 202.11; or any agency, employee, individual, or entity is immune from civil liability for damages for complying in good faith with the request and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing Silver Alert information pertaining to the missing adult. (d) The presumption of good faith is not overcome if a technical or clerical error is made by any agency, employee, individual, or entity acting at the request of the local law enforcement agency having jurisdiction, or if the Amber Alert, Missing Child Alert, missing child information, missing adult information, or Silver Alert information is incomplete or incorrect because the information received from the local law enforcement agency was incomplete or incorrect. (e) Neither this subsection nor any other provision of law creates a duty of the agency, employee, individual, or entity to record, report, transmit, display, or release the Amber Alert, Missing Child Alert, missing child information, missing adult information, or Silver Alert information received from the local law enforcement agency having jurisdiction. The decision to record, report, transmit, display, or release information is discretionary with the agency, employee, individual, or entity receiving the information. (6) If a missing child or missing adult is not located within 90 days after the missing child or missing adult report is filed, the law enforcement agency that accepted the report shall attempt to obtain a biological specimen for DNA analysis from the missing child or missing adult or from appropriate family members in addition to obtaining necessary documentation. This subsection does not prevent a law enforcement agency from attempting to obtain information or approved biological specimens for DNA analysis before the expiration of the 90-day period. (7) The department shall adopt rules specific to cases involving missing children and missing adults which will: (a) Identify biological specimens that are approved by the department for DNA analysis. (b) Identify the documentation necessary for the department to use the biological specimens for DNA analysis. (c) Establish procedures for the collection of biological specimens by law enforcement agencies. (d) Establish procedures for forwarding biological specimens by law enforcement agencies to the department. (8) Subsections (6) and (7) are contingent upon the availability of federal funding for State Statutes 892 the submission and processing of approved biological specimens for DNA analysis. 944.02 Definitions. The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the following meanings: (1) “Commission” means the Florida Commission on Offender Review. (2) “Correctional system” means all prisons and other state correctional institutions now existing or hereafter created under the jurisdiction of the Department of Corrections. (3) “Department” means the Department of Corrections. (4) “Elderly offender” means a prisoner age 50 or older in a state correctional institution or facility operated by the Department of Corrections or the Department of Management Services. (5) “Lease-purchase agreement” means an installment sales contract which requires regular payments with an interest charge included and which provides that the lessee receive title to the property upon final payment. (6) “Prisoner” means any person who is under civil or criminal arrest and in the lawful custody of any law enforcement official, or any person committed to or detained in any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the department pursuant to lawful authority. (7) “Secretary” means the Secretary of Corrections. (8) “State correctional institution” means any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the department. 944.40 Escapes; penalty. Any prisoner confined in any prison, jail, private correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with the state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner. 944.47 Introduction, removal, or possession of certain articles unlawful; penalty. (1) (a) Except through regular channels as authorized by the officer in charge of the correctional institution, it is unlawful to introduce into or upon the grounds of any state correctional institution, or to take or attempt to take or send or attempt to send therefrom, any of the following articles which are hereby declared to be contraband for the purposes of this section, to wit: 1. Any written or recorded communication or any currency or coin given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution. 2. Any article of food or clothing given or transmitted, or intended to be given or transmitted, to any inmate of any state correctional institution. 3. Any intoxicating beverage or beverage which causes or may cause an intoxicating effect. 4. Any controlled substance as defined in s. 893.02(4) or any prescription or nonprescription drug having a hypnotic, stimulating, or depressing effect. 5. Any firearm or weapon of any kind or any explosive substance. 6. Any cellular telephone or other portable communication device intentionally and unlawfully introduced inside the secure perimeter of any state correctional institution without prior authorization or consent from the officer in charge of such correctional institution. As used in this subparagraph, the term “portable communication device” means any device carried, worn, or stored which is designed or intended to receive or transmit verbal or written messages, access or store data, or connect electronically to the Internet or any other electronic device and which allows communications in any form. Such devices include, but are not limited to, portable two-way pagers, hand-held radios, cellular telephones, Blackberry-type devices, personal digital assistants or PDA’s, laptop computers, or any components of these devices which are intended to be used to assemble such devices. The term also includes any new technology that is developed for similar purposes. State Statutes 893 Excluded from this definition is any device having communication capabilities which has been approved or issued by the department for investigative or institutional security purposes or for conducting other state business. (b) It is unlawful to transmit or attempt to transmit to, or cause or attempt to cause to be transmitted to or received by, any inmate of any state correctional institution any article or thing declared by this subsection to be contraband, at any place which is outside the grounds of such institution, except through regular channels as authorized by the officer in charge of such correctional institution. (c) It is unlawful for any inmate of any state correctional institution or any person while upon the grounds of any state correctional institution to be in actual or constructive possession of any article or thing declared by this section to be contraband, except as authorized by the officer in charge of such correctional institution. (2) A person who violates any provision of this section as it pertains to an article of contraband described in subparagraph (1)(a)1., subparagraph (1)(a)2., or subparagraph (1)(a)6. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In all other cases, a violation of a provision of this section constitutes a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 951.22 County detention facilities; contraband articles (1) It is unlawful, except through regular channels as duly authorized by the sheriff or officer in charge, to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the purposes of this act, to wit: Any written or recorded communication; any currency or coin; any article of food or clothing; any tobacco products as defined in s. 210.25(12); any cigarette as defined in s. 210.01(1); any cigar; any intoxicating beverage or beverage which causes or may cause an intoxicating effect; any narcotic, hypnotic, or excitative drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates, and controlled substances as defined in s. 893.02(4); any firearm or any instrumentality customarily used or which is intended to be used as a dangerous weapon; and any instrumentality of any nature that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility. (2) Whoever violates subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 951.27 Blood tests of inmates. (1) Each county and each municipal detention facility shall have a written procedure developed, in consultation with the facility medical provider, establishing conditions under which an inmate will be tested for infectious disease, including human immunodeficiency virus pursuant to s. 775.0877, which procedure is consistent with guidelines of the Centers for Disease Control and Prevention and recommendations of the Correctional Medical Authority. It is not unlawful for the person receiving the test results to divulge the test results to the sheriff or chief correctional officer. (2) Except as otherwise provided in this subsection, serologic blood test results obtained pursuant to subsection (1) are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, such results may be provided to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information, and as provided in ss. 775.0877 and 960.003. In addition, upon request of the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate who has been arrested for any sexual offense involving oral, anal, or vaginal penetration by, or union with, the sexual organ of another, shall be disclosed to the victim or the victim's legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies as provided in s. 775.0877 and to the victim or the victim's legal guardian, or the parent or legal State Statutes 894 guardian of the victim if the victim is a minor, as provided in s. 960.003(3). (3) The results of any serologic blood test on an inmate are a part of that inmate's permanent medical file. Upon transfer of the inmate to any other correctional facility, such file is also transferred, and all relevant authorized persons must be notified of positive HIV test results, as required in s. 775.0877. 960.003 Hepatitis and HIV testing for persons charged with or alleged by petition for delinquency to have committed certain offenses; disclosure of results to victims. (1) LEGISLATIVE INTENT. The Legislature finds that a victim of a criminal offense which involves the transmission of body fluids, or which involves certain sexual offenses in which the victim is a minor, disabled adult, or elderly person, is entitled to know at the earliest possible opportunity whether the person charged with or alleged by petition for delinquency to have committed the offense has tested positive for hepatitis or human immunodeficiency virus (HIV) infection. The Legislature finds that to deny victims access to hepatitis and HIV test results causes unnecessary mental anguish in persons who have already suffered trauma. The Legislature further finds that since medical science now recognizes that early diagnosis is a critical factor in the treatment of hepatitis and HIV infection, both the victim and the person charged with or alleged by petition for delinquency to have committed the offense benefit from prompt disclosure of hepatitis and HIV test results. (2) TESTING OF PERSON CHARGED WITH OR ALLEGED BY PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES. (a) In any case in which a person has been charged by information or indictment with or alleged by petition for delinquency to have committed any offense enumerated in s. 775.0877(1)(a)-(n), which involves the transmission of body fluids from one person to another, upon request of the victim or the victim’s legal guardian, or of the parent or legal guardian of the victim if the victim is a minor, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the information, indictment, or petition for delinquency is filed. In the event the victim or, if the victim is a minor, the victim’s parent or legal guardian requests hepatitis and HIV testing after 48 hours have elapsed from the filing of the indictment, information, or petition for delinquency, the testing shall be done within 48 hours after the request. (b) However, when a victim of any sexual offense enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at the time the offense was committed or when a victim of any sexual offense enumerated in s. 775.0877(1)(a)-(n) or s. 825.1025 is a disabled adult or elderly person as defined in s. 825.1025 regardless of whether the offense involves the transmission of bodily fluids from one person to another, then upon the request of the victim or the victim’s legal guardian, or of the parent or legal guardian, the court shall order such person to undergo hepatitis and HIV testing within 48 hours after the information, indictment, or petition for delinquency is filed. In the event the victim or, if the victim is a minor, the victim’s parent or legal guardian requests hepatitis and HIV testing after 48 hours have elapsed from the filing of the indictment, information, or petition for delinquency, the testing shall be done within 48 hours after the request. The testing shall be performed under the direction of the Department of Health in accordance with s. 381.004. The results of a hepatitis and HIV test performed on a defendant or juvenile offender pursuant to this subsection shall not be admissible in any criminal or juvenile proceeding arising out of the alleged offense. (c) If medically appropriate, followup HIV testing shall be provided when testing has been ordered under paragraph (a) or paragraph (b). The medical propriety of followup HIV testing shall be based upon a determination by a physician and does not require an additional court order. Notification to the victim, or to the victim’s parent or legal guardian, and to the defendant of the results of each followup test shall be made as soon as practicable in accordance with this section. (3) DISCLOSURE OF RESULTS. (a) The results of the test shall be disclosed no later than 2 weeks after the court receives such results, under the direction of the Department of Health, to the person charged with or alleged by petition for delinquency to have committed or to the person convicted of or adjudicated delinquent for any offense enumerated in s. 775.0877(1)(a)-(n), which involves the transmission of body fluids from one person to another, and, upon request, to the victim State Statutes 895 or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, and to public health agencies pursuant to s. 775.0877. If the alleged offender is a juvenile, the test results shall also be disclosed to the parent or guardian. When the victim is a victim as described in paragraph (2)(b), the test results must also be disclosed no later than 2 weeks after the court receives such results, to the person charged with or alleged by petition for delinquency to have committed or to the person convicted of or adjudicated delinquent for any offense enumerated in s. 775.0877(1)(a)-(n), or s. 825.1025 regardless of whether the offense involves the transmission of bodily fluids from one person to another, and, upon request, to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim, and to public health agencies pursuant to s. 775.0877. Otherwise, hepatitis and HIV test results obtained pursuant to this section are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall not be disclosed to any other person except as expressly authorized by law or court order. (b) At the time that the results are disclosed to the victim or the victim’s legal guardian, or to the parent or legal guardian of a victim if the victim is a minor, the same immediate opportunity for face-to-face counseling which must be made available under s. 381.004 to those who undergo hepatitis and HIV testing shall also be afforded to the victim or the victim’s legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. (4) POSTCONVICTION TESTING. If, for any reason, the testing requested under subsection (2) has not been undertaken, then upon request of the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the court shall order the offender to undergo hepatitis and HIV testing following conviction or delinquency adjudication. The testing shall be performed under the direction of the Department of Health, and the results shall be disclosed in accordance with the provisions of subsection (3). (5) EXCEPTIONS. Subsections (2) and (4) do not apply if: (a) The person charged with or convicted of or alleged by petition for delinquency to have committed or been adjudicated delinquent for an offense described in subsection (2) has undergone hepatitis and HIV testing voluntarily or pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other applicable law or rule providing for hepatitis and HIV testing of criminal defendants, inmates, or juvenile offenders, subsequent to his or her arrest, conviction, or delinquency adjudication for the offense for which he or she was charged or alleged by petition for delinquency to have committed; and (b) The results of such hepatitis and HIV testing have been furnished to the victim or the victim’s legal guardian, or the parent or legal guardian of the victim if the victim is a minor. (6) TESTING DURING INCARCERATION, DETENTION, OR PLACEMENT; DISCLOSURE. In any case in which a person convicted of or adjudicated delinquent for an offense described in subsection (2) has not been tested under subsection (2), but undergoes hepatitis and HIV testing during his or her incarceration, detention, or placement, the results of the initial hepatitis and HIV testing shall be disclosed in accordance with subsection (3). Except as otherwise requested by the victim or the victim’s legal guardian, or the parent or guardian of the victim if the victim is a minor, if the initial test is conducted within the first year of the imprisonment, detention, or placement, the request for disclosure shall be considered a standing request for any subsequent hepatitis and HIV test results obtained within 1 year after the initial hepatitis and HIV tests are performed, and need not be repeated for each test administration. Where the inmate or juvenile offender has previously been tested pursuant to subsection (2) the request for disclosure under this subsection shall be considered a standing request for subsequent hepatitis and HIV results conducted within 1 year of the test performed pursuant to subsection (2). If the hepatitis and HIV testing is performed by an agency other than the Department of Health, that agency shall be responsible for forwarding the test results to the Department of Health for disclosure in accordance with the provisions of subsection (3). This subsection shall not be limited to results of hepatitis and HIV tests administered subsequent to June 27, 1990, but shall also apply to the results of all hepatitis and HIV tests performed on inmates convicted of or juvenile offenders adjudicated delinquent for sex offenses as described in subsection (2) during their State Statutes 896 incarceration, detention, or placement prior to June 27, 1990. 984.13 Taking into custody a child alleged to be from a family in need of services or to be a child in need of services. (1) A child may be taken into custody: (a) By a law enforcement officer when the officer has reasonable grounds to believe that the child has run away from his or her parents, guardian, or other legal custodian. (b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, "school system site" includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer shall deliver the child to the parent or legal guardian, to a location determined by the parent or guardian, or to a designated truancy interdiction site until the parent or guardian can be located. (c) Pursuant to an order of the circuit court based upon sworn testimony before or after a petition is filed under s. 984.15. (d) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter. (2) The person taking the child into custody shall: (a) Release the child to a parent, guardian, legal custodian, or responsible adult relative or to a department - approved family - in need - of - services and child - in - need - of - services provider if the person taking the child into custody has reasonable grounds to believe the child has run away from a parent, guardian, or legal custodian; is truant; or is beyond the control of the parent, guardian, or legal custodian; following such release, the person taking the child into custody shall make a full written report to the intake office of the department within 3 days; or (b) Deliver the child to the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is from a family in need of services. (3) If the child is taken into custody by, or is delivered to, the department, the appropriate representative of the department shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in custody or be released. Unless shelter is required as provided in s. 984.14(1), the department shall: (a) Release the child to his or her parent, guardian, or legal custodian, to a responsible adult relative, to a responsible adult approved by the department, or to a department - approved family - in - need - of - services and child - in - need - of - services provider; or (b) Authorize temporary services and treatment that would allow the child alleged to be from a family in need of services to remain at home. 985.033 Right to counsel. (1) A child is entitled to representation by legal counsel at all stages of any delinquency court proceedings under this chapter. If the child and the parents or other legal guardian are indigent and unable to employ counsel for the child, the court shall appoint counsel under s. 27.52. Determination of indigence and costs of representation shall be as provided by ss. 27.52 and 938.29. Legal counsel representing a child who exercises the right to counsel shall be allowed to provide advice and counsel to the child at any time subsequent to the child’s arrest, including prior to a detention hearing while in secure detention care. A child shall be represented by legal counsel at all stages of all court proceedings unless the right to counsel is freely, knowingly, and intelligently waived by the child. If the child appears without counsel, the court shall advise the child of his or her rights with respect to representation of court-appointed counsel. (2) This section does not apply to transfer proceedings under s. 985.441(4), unless the court sets a hearing to review the transfer. (3) If the parents or legal guardian of an indigent child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.52 to represent the child at the detention hearing and until counsel is provided. Costs of representation are hereby imposed as provided by ss. State Statutes 897 27.52 and 938.29. Thereafter, the court shall not appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel. A parent or legal guardian of an indigent child who has been ordered to obtain private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil contempt proceedings. (4) An indigent child with nonindigent parents or legal guardian may have counsel appointed pursuant to s. 27.52 if the parents or legal guardian have willfully refused to obey the court order to obtain counsel for the child and have been punished by civil contempt and then still have willfully refused to obey the court order. Costs of representation are hereby imposed as provided by ss. 27.52 and 938.29. (5) Notwithstanding any provision of this section or any other law to the contrary, if a child is transferred for criminal prosecution pursuant to this chapter, a nonindigent or indigent-but-able-to-contribute parent or legal guardian of the child pursuant to s. 27.52 is liable for necessary legal fees and costs incident to the criminal prosecution of the child as an adult. 985.11 Fingerprinting and photographing (1) (a) A child who is charged with or found to have committed an offense that would be a felony if committed by an adult shall be fingerprinted and the fingerprints must be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a). (b) Unless the child is issued a civil citation or is participating in a similar diversion program pursuant to s. 985.12, a child who is charged with or found to have committed one of the following offenses shall be fingerprinted, and the fingerprints shall be submitted to the Department of Law Enforcement as provided in s. 943.051(3)(b): 1. Assault, as defined in s. 784.011. 2. Battery, as defined in s. 784.03. 3. Carrying a concealed weapon, as defined in s. 790.01(1). 4. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1). 5. Neglect of a child, as defined in s. 827.03(1)(e). 6. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a). 7. Open carrying of a weapon, as defined in s. 790.053. 8. Exposure of sexual organs, as defined in s. 800.03. 9. Unlawful possession of a firearm, as defined in s. 790.22(5). 10.Petit theft, as defined in s. 812.014. 11.Cruelty to animals, as defined in s. 828.12(1). 12.Arson, resulting in bodily harm to a firefighter, as defined in s. 806.031(1). 13.Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property as defined in s. 790.115. A law enforcement agency may fingerprint and photograph a child taken into custody upon probable cause that such child has committed any other violation of law, as the agency deems appropriate. Such fingerprint records and photographs shall be retained by the law enforcement agency in a separate file, and these records and all copies thereof must be marked “Juvenile Confidential.” These records are not available for public disclosure and inspection under s. 119.07(1) except as provided in ss. 943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal justice agencies, state attorneys, the courts, the child, the parents or legal custodians of the child, their attorneys, and any other person authorized by the court to have access to such records. In addition, such records may be submitted to the Department of Law Enforcement for inclusion in the state criminal history records and used by criminal justice agencies for criminal justice purposes. These records may, in the discretion of the court, be open to inspection by anyone upon a showing of cause. The fingerprint and photograph records shall be produced in the court whenever directed by the court. Any photograph taken pursuant to this section may be shown by a law enforcement officer to any victim or witness of a crime for the purpose of identifying the person who committed such crime. (c) The court shall be responsible for the fingerprinting of any child at the disposition hearing if the child has been adjudicated or had adjudication withheld for any felony in the case currently before the court. (2) If the child is not referred to the court, or if the child is found not to have committed a violation of law, the court may, after notice to the law enforcement agency involved, order the originals and copies of the fingerprints and photographs destroyed. State Statutes 898 Unless otherwise ordered by the court, if the child is found to have committed an offense which would be a felony if it had been committed by an adult, then the law enforcement agency having custody of the fingerprint and photograph records shall retain the originals and immediately thereafter forward adequate duplicate copies to the court along with the written offense report relating to the matter for which the child was taken into custody. Except as otherwise provided by this subsection, the clerk of the court, after the disposition hearing on the case, shall forward duplicate copies of the fingerprints and photographs, together with the child’s name, address, date of birth, age, and sex, to: (a) The sheriff of the county in which the child was taken into custody, in order to maintain a central child identification file in that county. (b) The law enforcement agency of each municipality having a population in excess of 50,000 persons and located in the county of arrest, if so requested specifically or by a general request by that agency. (3) This section does not prohibit the fingerprinting or photographing of child traffic violators. All records of such traffic violations shall be kept in the full name of the violator and shall be open to inspection and publication in the same manner as adult traffic violations. This section does not apply to the photographing of children by the Department of Juvenile Justice or the Department of Children and Families. 985.115 Release or delivery from custody. (1) A child taken into custody shall be released from custody as soon as is reasonably possible. (2) Unless otherwise ordered by the court under s. 985.255 or s. 985.26, and unless there is a need to hold the child, a person taking a child into custody shall attempt to release the child as follows: (a) To the child’s parent, guardian, or legal custodian or, if the child’s parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, to any responsible adult. Prior to releasing the child to a responsible adult, other than the parent, guardian, or legal custodian, the person taking the child into custody may conduct a criminal history background check of the person to whom the child is to be released. If the person has a prior felony conviction, or a conviction for child abuse, drug trafficking, or prostitution, that person is not a responsible adult for the purposes of this section. The person to whom the child is released shall agree to inform the department or the person releasing the child of the child’s subsequent change of address and to produce the child in court at such time as the court may direct, and the child shall join in the agreement. (b) Contingent upon specific appropriation, to a shelter approved by the department or to an authorized agent. (c) If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, to a law enforcement officer who shall deliver the child to a hospital for necessary evaluation and treatment. (d) If the child is believed to be mentally ill as defined in s. 394.463(1), to a law enforcement officer who shall take the child to a designated public receiving facility as defined in s. 394.455 for examination under s. 394.463. (e) If the child appears to be intoxicated and has threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by substance abuse, to a law enforcement officer who shall deliver the child to a hospital, addictions receiving facility, or treatment resource. (f) If available, to a juvenile assessment center equipped and staffed to assume custody of the child for the purpose of assessing the needs of the child in custody. The center may then release or deliver the child under this section with a copy of the assessment. (3) Upon taking a child into custody, a law enforcement officer may deliver the child, for temporary custody not to exceed 6 hours, to a secure booking area of a jail or other facility intended or used for the detention of adults, for the purpose of fingerprinting or photographing the child or awaiting appropriate transport to the department or as provided in s. 985.13(2), provided no regular sight and sound contact between the child and adult inmates or trustees is permitted and the receiving facility has adequate staff to supervise and monitor the child’s activities at all times. (4) Nothing in this section or s. 985.13 shall prohibit the proper use of law enforcement diversion programs. Law enforcement agencies may initiate and conduct diversion programs designed to divert a child from the State Statutes 899 need for department custody or judicial handling. Such programs may be cooperative projects with local community service agencies. 985.12 Civil citation. (1) There is established a juvenile civil citation process for the purpose of providing an efficient and innovative alternative to custody by the Department of Juvenile Justice for children who commit nonserious delinquent acts and to ensure swift and appropriate consequences. The department shall encourage and assist in the implementation and improvement of civil citation programs or other similar diversion programs around the state. The civil citation or similar diversion program shall be established at the local level with the concurrence of the chief judge of the circuit, state attorney, public defender, and the head of each local law enforcement agency involved. The program may be operated by an entity such as a law enforcement agency, the department, a juvenile assessment center, the county or municipality, or another entity selected by the county or municipality. An entity operating the civil citation or similar diversion program must do so in consultation and agreement with the state attorney and local law enforcement agencies. Under such a juvenile civil citation or similar diversion program, a law enforcement officer, upon making contact with a juvenile who admits having committed a misdemeanor, may choose to issue a simple warning or inform the child’s guardian or parent of the child’s infraction, or may issue a civil citation or require participation in a similar diversion program, and assess up to 50 community service hours, and require participation in intervention services as indicated by an assessment of the needs of the juvenile, including family counseling, urinalysis monitoring, and substance abuse and mental health treatment services. A copy of each citation issued under this section shall be provided to the department, and the department shall enter appropriate information into the juvenile offender information system. Use of the civil citation or similar diversion program is not limited to first-time misdemeanors and may be used in up to two subsequent misdemeanors. If an arrest is made, a law enforcement officer must provide written documentation as to why an arrest was warranted. At the conclusion of a juvenile’s civil citation program or similar diversion program, the agency operating the program shall report the outcome to the department. The issuance of a civil citation is not considered a referral to the department. (2) The department shall develop guidelines for the civil citation program which include intervention services that are based upon proven civil citation or similar diversion programs within the state. (3) Upon issuing such citation, the law enforcement officer shall send a copy to the county sheriff, state attorney, the appropriate intake office of the department, or the community service performance monitor designated by the department, the parent or guardian of the child, and the victim. (4) The child shall report to the community service performance monitor within 7 working days after the date of issuance of the citation. The work assignment shall be accomplished at a rate of not less than 5 hours per week. The monitor shall advise the intake office immediately upon reporting by the child to the monitor, that the child has in fact reported and the expected date upon which completion of the work assignment will be accomplished. (5) If the child fails to report timely for a work assignment, complete a work assignment, or comply with assigned intervention services within the prescribed time, or if the juvenile commits a subsequent misdemeanor, the law enforcement officer shall issue a report alleging the child has committed a delinquent act, at which point a juvenile probation officer shall process the original delinquent act as a referral to the department and refer the report to the state attorney for review. (6) At the time of issuance of the citation by the law enforcement officer, such officer shall advise the child that the child has the option to refuse the citation and to be referred to the intake office of the department. That option may be exercised at any time before completion of the work assignment. 985.275 Detention of escapee or absconder on authority of the department. (1) If an authorized agent of the department has reasonable grounds to believe that any delinquent child committed to the department has escaped from a residential commitment facility or from being lawfully General index State Statutes 900 transported thereto or therefrom, or has absconded from a nonresidential commitment facility, the agent shall notify law enforcement and, if the offense would require notification under chapter 960, notify the victim. The agent shall make every reasonable effort as permitted within existing resources provided to the department to locate the delinquent child, and the child may be returned to the facility or, if it is closer, to a detention center for return to the facility. However, a child may not be held in detention longer than 24 hours, excluding Saturdays, Sundays, and legal holidays, unless a special order so directing is made by the judge after a detention hearing resulting in a finding that detention is required based on the criteria in s. 985.255. The order shall state the reasons for such finding. The reasons shall be reviewable by appeal or in habeas corpus proceedings in the district court of appeal. (2) Any sheriff or other law enforcement officer, upon the request of the secretary of the department or duly authorized agent, shall take a child who has escaped from a residential commitment facility or from being lawfully transported thereto or therefrom, or has absconded from a nonresidential commitment facility, into custody and deliver the child to the appropriate juvenile probation officer. General index State Statutes 901 The following pages contain a GENERAL INDEX OF STATUTES & COUNTY ORDINANCES. General index State Statutes 902 ABANDONED PROPERTY Iceboxes, refrigerators, deep-freeze lockers, 823.07, 823.09 Vehicles, liens, towing, & storing, 715.07, also see P.B.C. Ord. Sec. 19 Weapons and firearms, 790.08 ABDUCTION, see FALSE IMPRISONMENT / KIDNAPPING ACADEMIC EDUCATIONAL INSTITUTIONS Making false claims of academic degree or title, 817.567 Misrepresentation of association with educational institution, 817.566 ACCESSORY / PRINCIPAL, see ATTEMPTS, ENHANCEMENTS Accessory after the fact, 777.03 Attempts, solicitation, conspiracy, 777.04 Entrapment, 777.201 Principal in the first degree, 777.011 ACCIDENTS (Non-vehicle or boat), see CRASHES TRAFFIC & BOATING Excusable homicide, 782.03 ADMISSION TICKETS, also see FRAUD Fraudulent creation or possession of ticket, 817.355 Resale of multiday or multievent ticket, 817.361 Resale of tickets; common carriers, places of amusement, etc., 817.36 ADULT ENTERTAINMENT, see P.B.C. Ord. Sec. 17 ADULTERY, Lewd and lascivious behavior, open adultery, 798.02 ADVERTISING, (false, deceptive or misleading), see Chapter 817 AFFRAYS, see ASSEMBLIES, DISORDERLY CONDUCT Affrays, riots, routs, unlawful assemblies, 870.01- 870.048 Unauthorized military organizations, 870.06 When killing excused, 870.05, also see HOMICIDE AIRCRAFT, see AIRCRAFT REGULATIONS P.B.C. Ord. Appendix B Aircraft piracy, 860.16 Aircraft noise, see P.B.C. Ord. Sec. 21 & Appendix B Aircraft; registration and identification numbers, 329.10, 329.11 Contraband; seizure, forfeiture, sale, 893.12 Offenses committed partly in this state or while in transit, 910.01, 910.02 Operation of aircraft intoxicated or in careless or reckless manner, 860.13 ALARMS, see FALSE REPORTS, also see P.B.C. Ord. Sec. 16 ALCOHOLIC BEVERAGES, also see P.B.C. Ord. Sec. 3 Adulterating liquor, penalties, 562.455 Beverages sold with improper license or without license, 562.12 Bottle club without license, 562.121 Concealing or moving beverages with intent to defraud State tax, 562.32 Conspiracy to violate beverage law, penalties, 562.23 Curb service and drinking of intoxicating liquor, 562.452, 562.453 Designated drivers can not be refused service in a bar, 562.51 Habitual drunkards, furnishing intoxicants to after notice, 562.50 Illegal transportation of beverages, 562.07 Minors, employment exceptions, loitering in dance hall, 562.13, 562.48 Misrepresentation of beverages being sold, 562.061 Moonshine, possession, ownership, or control of, 562.451 General index State Statutes 903 Open house parties, 856.015 Penalties for violating beverage law; local ordinances, 562.45 Possession of beverages to be sold not covered under license, 562.02 Possession by / or serving persons under 21 years of age, 562.11, 562.111 Regulating the time of sale, 562.14 Riot, vendors can be required to close, 562.454 Sale of beverages only on licensed premises, 562.06 Searches and reports of seizures, 562.38, 562.41 Sold with improper license, or without license, 562.12 Solicitations of sales, 562.131 Storage of beverages on licensed premisses, 562.03 Untaxed beverages, possession of, 562.01 ALCOHOLISM / ALCOHOLICS Disorderly intoxication, 856.011, see DISORDERLY CONDUCT Open house parties, 856.015 Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 Treatment & services for intoxicated persons, 397.675, 677, 6771, 6772 ALTERATIONS, also see FRAUD, FORGERY, COUNTERFEITING Identification marks, shopping carts, containers, 506.513, 817.235 Numbers, vessel hulls, firearms, outboard motors, 328.07, 790.27, 860.20 ANIMALS, see HUNTING, LIVESTOCK AT LARGE / LEGAL FENCES Animals found in distress; when agent may take charge, 828.073 Animals with contagious diseases, exposure to others, 828.16 Arrest without warrant, (certain sections of Chapter 828), 828.17 Branding, tattoos, markings, see Chapters; 585, 767, 817 Confinement of animals without sufficient food, water, or exercise, 828.13 Cruelty or abuse, animals, cattle, horses, 828.12, 828.125 Definitions; 828.02 Disposal of bodies of dead animals, 823.041 Dog, bite, or dangerous animal, see P.B.C. Ord. Sec. 4 Endangered species / threatened, killing or wounding, 379.411 Exposing poison, 828.08 Fighting or baiting animals, 828.122 Killing an injured or diseased domestic animal, 828.05 Police animal, injury, kill, 843.18, 843.19, see LAW ENFORCEMENT OFFICER Sexual activities involving animals, 828.126 ARREST, also see LAW ENFORCEMENT OFFICERS, SHERIFF, PUBLIC OFFICE Assistance, (officer may summon), 901.18 Bail, bondsmen, failure to appear, 843.15, 903.22 Breaking into building, (right of officer), 901.19 Depriving L.E.O. of means of protection or communication, 843.025 Diplomatic and consular personnel, 901.25, also see S. S. & CASE LAW Escape, arrest after escape or rescue, 901.22 Failure to appear, 901.31, 903.22, also see warrants, summons False name or false identification by person arrested or lawfully detained, 901.36 Federal law enforcement officers; powers, 901.1505 Fresh pursuit; arrest outside jurisdiction, 901.25 Handcuff key concealed during arrest / detention, 843.021 Medical facility, authorization for care, financial responsibility, 901.29, 901.35 Municipally owned property and facilities outside municipal limits, 901.252 N. T. A. for misdemeanors; effect on authority to conduct search, 901.28 Obstruction / resisting arrest with or without violence, 843.01, 843.02 Offenses committed partly in this state or while in transit, 910.01, 910.02 Person making arrest detained in building, (use of force), 901.20 Refusal or neglect of person to assist officers, 843.04, 843.06 General index State Statutes 904 Resisting arrest / obstruction, with or without violence, 843.01, 843.02 Right of person arrested to consult attorney, 901.24 Search warrants, etc., see SEARCH WARRANTS Search of person arrested, 901.21, 901.211, 901.215, also see S. S. & C. L. Stop and frisk, 901.151, also see SEARCH, SEIZURE & CASE LAW Summons, 901.09, 901.11, Warrants, with or without, methods, 901.02, 901.04, 901.15, 901.1503, 901.16, 901.17 ARSON, 806.01, see FIRE, also see P.B.C. Ord. Sec. 12 Arson resulting in injury to another, 806.031 Burning to defraud the insurer, 817.233 Criminal mischief, 806.13 False alarms of fires, 806.101 Fire bombs, 806.111 Preventing or obstructing extinguishment of fire, 806.10 ASSAULT / BATTERY, 784.011, 784.03 Aggravated, assault / battery, 775.0861,62,63 784.021, 784.041, 784.045, 784.074 & 75 Battery on L.E.O. using spray or stun gun, 790.054 Battery on L.E.O. serious injury, death, or missing L.E.O., Blue Alert, 784.071 Child by throwing, tossing, projecting, or expelling certain fluids, 784.085 Code enforcement officers, 784.083 Criminal transmission HIV / testing, 384.24 - 287, 775.0877, 796.08, 960.003 Culpable negligence, 784.05 Expelling, throwing, tossing, fluids / materials correctional 784.074, 784.075, 784.078, 800.09 Felony battery 784.041 Gang members using electronic communication to intimidate or harass, 874.11 Harassment of crime watch participant prohibited; penalty; definitions. 843.20 Home invasion robbery, 812.135 Home protection, presumption of fear of death or great bodily harm, 776.13 Injunction for repeat violence victims, 784.046, 784.047 784.0487 Jail or detention incidents, battery upon inmates / visitors, 784.082, 800.09 Justifiable use of force, 776.032 Laser lighting devices; misuse of, 784.062 Law enforcement officer, firefighter, intake officers, 784.07, 784.081, 784.082 Lewd, lascivious, or indecent assault or act in presence of child, 800.04, 800.09 Notice of rights in cases of domestic violence, 39.906 Persons 65 years of age or older, 784.08, also see ELDERLY OFFENSES School and special officials or employees, 784.081 Stalking; definitions, 784.048, 784.049 Threats against LEO, judge, and others, 836.12 Violation of an injunction for protection against stalking or cyberstalking 784.0487 ASSEMBLIES, schools, religious, unlawful, 870.01-.048, 871.01, 871.015, see AFFRAY ATTEMPTS, 876.38, also see ACCESSORY / PRINCIPAL, ENHANCEMENTS Attempts, solicitation, conspiracy, conspirators, 777.04, 876.41 BADGES / INSIGNIA also see IMPERSONATION, FRAUD Falsely impersonating officer, etc. 843.08, 843.0855, 817.312 Lights, certain types, display, 843.081 Police badges or other indica of authority, 843.085, 843.0855, 817.312 Sheriffs; motor vehicles, badges, simulation prohibited, 30.46 Unlawful use of badges, insignia, 817.30, 817.31, 817.311, 817.312 BAKER ACT, 394.493, also see MENTAL HEALTH BANKING / STOCKS, see Chapter 817, also see FRAUD General index State Statutes 905 BAIL BONDSMEN, 903.22, see SEARCH, SEIZURE & CASE LAW BOATING, see WATERWAYS, also see P.B.C. Ord. Sec. 6 Blood test for impairment, (death or serious injury), 327.353, 327.3521 Certificate, number, decal, duplicate certificate, and title, 328.03, 328.05 Citation, (uniform boating citations), 327.74 Classification; registration; fees and charges; disposition of fees; 327.25 Collision, accident, and casualties, 327.30 D.U.I., boating, 327.351, 327.352, 327.35, 327.353, 327.354, 327.38 Hull identification number required, 328.07, also see ALTERATIONS Mandatory education and adjudication for violators, 327.36, 327.731 Mooring to or damaging of markers or buoys prohibited, 327.42 Muffling devices, 327.65 Navigation, 327.40, 327.41, 327.44 Numbering, 328.07 Operator, (incapacity of operator), 327.34 Penalties and definitions, 327.02, 327.72, 327.73, 328.19 Personal watercraft regulated, 327.39 Power to conduct investigations, 328.18 Reckless or careless operation of vessel, 327.33 Regattas, races, marine parades, tournaments, or exhibitions, 327.48 Restricted areas, 327.46, 327.461 Skiing prohibited while under influence of liquor or drugs, 327.38 Vessel homicide, 782.072 Vessel safety, equipment and lighting requirements, 327.50, 327.56 Vessel declared dangerous instrumentally; civil liability, 327.32 Water skis and aquaplanes regulated, 327.37 BOMBS, see WEAPONS, ENHANCEMENTS BRIBERY, see PUBLIC OFFICE, SHERIFF, LAW ENFORCEMENT OFFICERS Athletic contests, 838.12 Commercial bribe, making / receiving, 838.15, 838.16 Definitions, terms, 838.014, 838.015 Unlawful compensation or reward for official behavior, 838.016 BURGLARY, 810.02, also see TRESPASSING Definitions, prima facie evidence of intent, 810.011, 810.07 Home invasion, 812.135 Impairing or impeding telephone or power to a dwelling; 810.061 Possession of burglary tools, 810.06 CHILD ABUSE / NEGLECT, also see CHILDREN, JUVENILE Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Battery on child by throwing, projecting, or expelling certain fluids, 784.085 Child abuse, aggravated, 827.03, 827.035, 827.04 Child abuse critical incident rapid response team, 39.2015 Child support money, persistent nonsupport, 827.06, 827.08, see CHILDREN Confidentiality of reports and records, 39.202, 794.024 Definitions, pertaining to, 827.01 Desertion of a child, 827.10 Detention of child / juvenile, 985.213 Forced labor by threat or coercion, 787.05, 787.06 Guardianship (Custody), 744.301 Loitering and prowling by sexual offender,, 856.022 Luring or enticing a child, 787.025, 856.022 Immunity from liability in cases of abuse or neglect, 39.203 Newborn infants left at hospitals, fire stations, etc, 827.035 Notice of rights in cases of domestic violence, 39.906 General index State Statutes 906 Number of times a child can be interviewed / videotaped, 92.55, 914.16 Photographs, medical examinations, X-rays, 39.304 Protective custody, 39.401 Release of confidential information, 39.2021 Residing within 1,000 feet of a school (specified persons), 794.065 Reports of child abuse mandatory, penalties, 39.201, 39.2015, 39.205 Sexting; prohibited acts; penalties, 847.0141 Sexual activities involving animals, 828.126 Sexual performance by a child, 827.071, see SEXUAL BATTERY Sexual predators; erectile dysfunction drugs, 794.075 Sexual predator & Offender, 775.21, 775.215, 775.261 Transmission of pornography by electronic device, 847.0137, 847.138 CHILDREN, also see FALSE IMPRISONMENT / KIDNAPING Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Desertion of a child, 827.10 Desertion; withholding support, persistent nonsupport, 827.06 Forced labor by threat or coercion (human trafficking), 787.05, 787.06 Guardianship (Custody), 744.301 Interference with custody, 787.03 Loitering and prowling by sexual offender, 856.022 Minors that have accessed firearms, see WEAPONS Missing child reports, 937.021 Obscene literature, pictures, video, involving minors, see PORNOGRAPHY, Release of confidential information, 39.2021 Residing within 1,000 feet of a school (specified persons), 794.065 Sex & Human trafficking, 796.035, 796.036, 796.045 Sexual activities involving animals, 828.126 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 Taking into custody a child in need of services, 984.13 CIGARETTES, see SMOKING Diligent management and supervision of retail tobacco dealers, 569.008 Evasion of cigarette taxes, FSS 210 Jurisdiction; tobacco product enforcement officers or agents, 569.12 Nicotine products and nicotine dispensing devices; prohibitions for minors, 877.112 Operating retail tobacco products dealer without permit, 569.005, 569.006 Possession, misrepresenting age to purchase, 569.11 Sales of cigarettes, un-packaged, under 18 years, FSS 210, 569.101, 569.14 Sale or delivery of tobacco products; minors / restrictions, 569.007, 569.0073, 569.101 Sample / gift of tobacco products prohibited, 569.0073, 569.0075 Smoking in airport, see P.B.C. Ord. Appendix B Sec. 4-7 Synthetic Cannabinoid Herbal Incense, Bath Salts, & Related Substances: Ord 17-414 Tobacco definitions, 569.002 Tobacco establishments consent to inspection without warrant, 569.004 COMPUTERS, (Offenses committed against computers or with computers); Computer pornography, 847.0133, 847.0135, see PORNOGRAPHY Dealing in stolen property by use of the Internet, 812.0195 Definitions of computer related crimes, 815.03, 815.07 Intellectual property, 815.04 Offenses against computer users, 815.06 Offenses against public utilities, 815.061 Sexual cyberharassment, 784.049 Trade secrets; theft, embezzlement; unlawful copying; definitions, 812.081 Transmission of pornography by electronic device, 847.0137, 847.138 Violation of an injunction for protection against stalking or cyberstalking 784.0487 CONSPIRATORS, 876.41, see ACCESSORY / PRINCIPAL, ENHANCEMENTS General index State Statutes 907 Conspiracy, habitual offenders, 775.084, also see JAILS Directing the activities of a criminal street gang, 874.10 CONTAINERS Dairy cases and baskets, illegal use or removal, 506.508, 506.514 Definitions, penalties, exemptions, 506.502, 506.518, 506.519 Egg baskets or poultry containers, unlawful removal, 506.515 Shopping carts, illegal possession or use, 506.509, 506.513 COUNTERFEIT, also see ALTERATIONS Aircraft numbers, 329.11, also see AIRCRAFT Brands / marks pertaining to animals, see Chapter; 585, 767, 817, & ANIMALS Cigarettes, possession and unpaid taxes, FSS 210 Controlled substances, 831.31, 831.311, see DRUGS Credit cards, see CREDIT CARDS, FRAUD Drivers license, blank, fictitious, 322.18, 322.212, 322.32, 328.05, 831.29, 877.18 Drugs, controlled substances, school personnel, 232.277, 831.30, 831.31, 831.311 Forged instruments, generally, 831.01, 831.02, also see Chapter 831 Forged bills, notes, etc., 831.08, 831.09 Insurance cards, 320.02 Labels, trademarks, etc., 831.03, 831.05 Lottery tickets, signs, sale to minors, 24.1055, 24.188, also see LOTTERY Prescription / drugs, fraud in obtaining, 831.30, also see DRUGS Possessing or manufacturing fake I.D. furthering interests of a criminal gang, 874.12 Synthetic Cannabinoid Herbal Incense, Bath Salts, & Related Substances: Ord 17-414 Stamps, 201.18 Vehicle; titles, licenses, stickers, 320.26, 327.29, 328.05 Vessel, hull and out board motor numbers, 328.07, 860.20, also see BOATS CRASHES, also see TRAFFIC INDEX in traffic section. Arrest authority of officer at scene of a traffic crash, 316.645 Crash / accident; reports, 316.064, 316.065, 316.066 Crashes involving death or personal injuries, 316.027 Duty to give information and render aid, 316.061, 316.062, 316.063 Exchange of information at scene of accident, 316.070 False reports, 316,067 CREDIT CARDS, see FRAUD Criminal use of personal identification information, 817.568 Defenses not available, presumptions, and penalties, 817.65, 817.66, 817.67 Definitions, 817.58 Equipment used to make credit cards, 817.631 Expired, revoked, or by fraud, 817.481, 817.612 False statement as to financial condition or identity, 817.59 Fraud by person authorized to provide goods or services, 817.62, 817.625 Invoice alterations and credit cards lists, 817.645, 817.646 Scanning device or reencoder to defraud; penalties, 817.625 Theft, fraudulent means or use of, 817.60, 817.61, 817.64 Traffic in counterfeit credit cards, 817.611 CRIMINAL ANARCHY, see ENHANCEMENTS Attempts & conspirators, 876.40, 876.41 Burning cross, placing on public / private property, 876.17 - .18, also see FIRE Defective workmanship or interfering with property, 876.38, 876.39 Definitions, public place defined, exemptions, 876.11, 876.16 Effective period of law, 876.50, 876.51 Flag mutilation, 876.52 Intimidation, 876.19 Relationship to other statutes, construction, 876.48, 876.49 General index State Statutes 908 Sabotage, 876.37, 876.38, 876.39 Subversive activities, definition, penalties, membership, 876.22, 876.23, 876.24 Subversive organizations, 876.26, 876.27, 876.28 Treason, 876.32, 876.33 Unlawful assemblies and inciting insurrection, 876.35, 876.36 Unlawful entry upon property, 876.43 Usurping government and rights of labor, 876.34, 876.47 Wearing hood / mask, street, public / private property, 876.12, 876.13, 876.14 Wearing hood / mask, exemptions, applicability (876.12 to 876.15), 876.155 Wearing hood / mask, demonstration or meeting, exemptions, 876.15 CRIMINAL MISCHIEF / VANDALISM, 806.13-.14, also see ARSON, SCHOOLS Coin operated vending machines / parking meters, 877.08, also see THEFT Flag mutilation, 876.52 Graves / monuments, damaging, removing, 872.02 Highway guideposts, boundary markers, 339.28, also see MOTOR VEHICLES Tampering with an electronic monitoring device, 843.23 DETENTION FACILITIES, also see ASSAULT / BATTERY, L. E. O.'s Assault or battery in a jail, inmates, visitors, 784.074, 784.075, 784.082 Contraband into county detention facilities, 951.22 Conveying tools / certain articles into jail, 843.11, 944.47 Definitions pertaining to (Chapter 944), 944.02 Escape, aiding, 843.12, 843.13, 944.40 DISORDERLY CONDUCT, 877.03, also see AFFRAYS, ASSEMBLIES, SCHOOLS Disorderly intoxication, 856.011, see ALCOHOLISM / ALCOHOLICS Disruption of commercial video or audio productions, see P.B.C. Ord. Sec. 18-6 Distribution of handbill in a public lodging establishment; penalties, 509.144 Disturbing funeral,817.015 Flag mutilation, 876.52 Laser lighting devices; misuse of, 784.062 Open house parties, 856.015 Public lodging, food service, 509.142, 509.143, see PUBLIC ESTABLISHMENTS Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 Subversive activities, definition, penalties, membership, 876.22, 876.23, 876.24 Subversive organizations, 876.26, 876.27, 876.28 Tattooing prohibited, penalties and exemptions, 877.04 DOG RACING / HORSE RACING / JAI ALAI, see GAMBLING Bookmaking on grounds of gambling establishment, 550.361 Minors attending without parents, or wagering, 550.042, 550.051, 551.115 DOMESTIC VIOLENCE OFFENSES, see ASSAULT / BATTERY Guardianship (Custody), 744.301 Injunction for protection, violation of injunction, 741.30, 741.31, 741.313, 741.315 Investigations of domestic violence, 741.28, 741.29 Installation of tracking devices or tracking applications; exceptions; penalties, 934.425 Notice of rights in cases of domestic violence, 39.906 Possessing ammunition / firearms; Domestic Violence Injunction, 790.233 DRUGS Burden of proof pertaining to prescriptions, 893.10 Chemicals used for manufacture of controlled substances, 893.033, 893.149 Contraband; seizure, forfeiture, sale, 893.12 Counterfeit controlled substance; 817.563, 817.564, 831.31, 831.311 Death resulting from apparent drug overdose; reporting requirements, 893.0301 Definitions, 893.02 Ephedrine sale and related compounds, 893.1495 General index State Statutes 909 Ether, see ETHER OFFENSES Imitation controlled substances, 817.563, 817.564 Inhalation, injection, possession, sale, 877.111, 877.112 Nicotine products and nicotine dispensing devices, prohibitions for minors, 877.1112 Paraphernalia, defined, sale or possession, 893.145, 893.146, 893.147 Poisons or poisoning, see POISONS Prescription / drugs, fraud in obtaining, 831.30, also see FRAUD, COUNTERFEIT Prohibited acts, penalties, 893.13, 893.21 Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 Schedules and standards, 893.03 Sexual predators; erectile dysfunction drugs, 794.075 Synthetic Cannabinoid Herbal Incense, Bath Salts, & Related Substances: Ord 17-414 Testing / destruction of seized substances, 893.105 Trafficking, leasing or renting for purpose of trafficking, 893.135, 893.1351 ELDERLY NEGLECT / ABUSE & OFFENSES, see ENHANCEMENTS Abuse, neglect of an elderly person or disabled adult; 825.101, 825.102 - 1025 Care giver protective services, refusal rights, 415.105 Confidentiality of reports and cases, 415.107 Definitions pertaining to (415.101 to 415.113), 415.101 Exploitation, abuse /of an elderly person or disabled adult, 415.111, 825.103 Good faith assistance to elderly, 825.105 Photographs, medical examinations, X-rays, records, 415.1085 Privileged communications involving abuse / neglect, 415.109 Protective services while investigating cases, 415.104 Reports of abuse, neglect or exploitation of elderly, 415.103 ENHANCEMENTS, (Felonies and Misdemeanors) Classifications of Felonies / misdemeanors, 775.081 Commercial transportation used in commission of felony, 860.065 Definitions and classes of offenses, 775.08 Directing the activities of a criminal street gang, 874.10 Drug offense enhancements, additional penalties, 775.16 Habitual felony offenders and violent felonies, 775.084 Hate crime enhancements, race, color, religion, sexual orientation, 775.085 Penalties, fines, 775.082, 775.083 Possession or promotion of certain images of child pornography; reclassification, 775.0847 Registration of convicted felons, 775.13 Religious services, schools, personnel, or institutions, 775.0861, 775.0862 Taking possession of a Law Enforcement Officer's firearm, 775.0875 Time limitations for prosecution, 775.15 Violent offenses against Law Enforcement Officers, etc., 775.0823 Weapons used during offense, enhancements, 775.087 Wearing a mask or a bullet proof vest during offense, 775.0845, 775.0846 ENVIRONMENTAL OFFENSES, see LITTERING Environmental regulation and control, see P.B.C. Ord. Sec. 11 Pollution of waters / trash, see P.B.C. Ord. Sec. 21 ESCAPE, see LAW ENFORCEMENT OFFICERS Handcuff key concealed during arrest / detention, 843.021 Tampering with an electronic monitoring device, 843.23 ETHER OFFENSES, see DRUGS, POISONS Definitions, penalties, exemptions, 499.61, 499.75, 499.77 License or permit required for dealer, 499.62 Possession without license or permit, 499.65 Record of sale by dealers, 499.67 Reports of theft, illegal use, illegal possession, 499.68 General index State Statutes 910 Possession in or near residential housing, 499.69 EXPLOSIVES, see FIRE, ARSON, ETHER Definitions, penalties, exemptions, 552.081, 552.22, 552.24, 552.241 Licenses or permits required for manufacture,, 552.091 Possession without license, 552.101 Records, maintenance of records by dealers / users, 552.111, 552.112 Reports of theft or illegal possession, 552.113 Sale labeling and disposition of explosives, 552.114 Transportation without license, 552.12 FALSE REPORTS, see FRAUD False alarms, see P.B.C. Ord. Sec. 16 False name or false identification by person arrested or lawfully detained, 901.36 False reports to law enforcement, 365.172, 817.49, 837.05, 837.055 Falsifying records, 839.13, also see PUBLIC OFFICE, TESTIMONY, L.E.O.'s Fire alarms, 806.101, also see ARSON Official statements, 837.05, 837.06, also see PERJURY Tampering with a witness / juror, 914.22, 914.23, 918.12 FALSE IMPRISONMENT / KIDNAPPING, see CHILDREN Conceal minor contrary to court order or removal of minor from state, 787.04 Depriving crime victim of medical care, 843.21 False imprisonment of child under 13, aggravating circumstances, 787,02 Forced labor by threat or coercion, 787.05, 787.06 Human trafficking / smuggling, 787.06, 787.07 Interference with custody, 787.03 Kidnapping of child under 13, aggravating circumstances, 787.01 Missing L.E.O., Blue Alert, 784.071 FIRE, see ARSON, also see P.B.C. Ord. Sec. 12 Burn injuries / mandatory reporting, 877.155, also see ARSON Campfires, bonfires, 590.11, 832.02 Cigars, disposing of lighted cigars, etc., 590.10, also see LITTER Cross, placing burning or flaming cross, 876.17, 876.18 Destroying signs, 590.27 Failure to control or report dangerous fire, 877.15 False alarms of fires, 806.101, also see FALSE REPORTS Flag mutilation, 876.52 Fire bombs, incendiary device, 590.29, 806.111 Incendiary device, (illegal possession), 590.29, also see ARSON Malicious, willful, burning of wild land, 590.28 Penalties, liability, reward, 590.14, 590.28, 590.30 Preventing or obstructing extinguishment of fire, 590.25, 590.27, 806.10 Right of way, setting on, 590.091 Unlawful burning of lands, 590.081, 590.125 FIREARMS, see WEAPONS, ENHANCEMENTS Discharge / possession of weapons, see P.B.C. Ord. Sec. 21 & Sec. 28 FIREWORKS, definitions, sale, seizure, 791.01, 791.013, 791.02 - 791.06 Definitions, P.B.C. Ord. Sec. 12-49 Exclusions, P.B.C. Ord. Sec. 12-50 Penalties, P.B.C. Ord. Sec. 12-38 Permits and regulations, P.B.C. Ord. Sec. 12-37 Possession and use in parks, P.B.C. Ord. Sec. 21-33 Prohibition against fireworks, P.B.C. Ord. Sec. 12-36 FORGED INSTRUMENTS, see COUNTERFEIT General index State Statutes 911 FRAUD, see IMPERSONATION, BADGES / INSIGNIA, ALTERATIONS Academic degree or false title, 817.566, 817.567, see ACADEMIC, SCHOOLS Advertising, false, deceptive or misleading, see Chapter 817 Banking, false entries, statements, reports, see Chapter 817 Bid Tampering, 838.22 Brands, tattoos, etc., on animals see ALTERATIONS Checks and drafts, intent to defraud, 832.041 - 832.075 Coin operated devices, slugs, fraudulent operation, 817.32, 817.33 Controlled substance, fake , imitation, 817.563 - 564, 831.31, 831,311, also see DRUGS Credit cards, expired, revoked, or fraud, 817.481, also see CREDIT CARDS Criminal use of personal identification information, 817.568 Disclosure or use of confidential criminal justice information, 838.21 False name or false identification by person arrested or lawfully detained, 901.36 False statements, reports, 817.03, also see FALSE REPORTS, CREDIT CARDS Florida Communications Fraud Act, 817.034 Fraudulently obtained or false receipt, 812.017 Hospital, fraudulently obtaining goods, services, etc., 817.50, also see THEFT Impersonation offenses, see IMPERSONATION Identification marks, removing or altering, 817.235, also see ALTERATIONS Insurance fraud, see INSURANCE Motor vehicle, failure to return hired vehicle, 817.52 Obtaining property by gaming, 817.28, also see GAMBLING Produce, procuring assignments upon false representation, 817.14 Refunds, fraudulent refunds, 817.037 Telecommunications, fraud, 817.482, 817.4821, 817.483, also see TELEPHONES Tickets, resale, unlawful possession, 817.355, 817.36, 817.361, see LOTTERY Trade secrets; theft, embezzlement; unlawful copying; definitions, 812.081 Unlawful possession of the personal I.D. information of another person, 817.5685 Urine testing, fraudulent practices, 817.565 Worthless checks, 68.065, 832.041 - 832.075 GAMBLING, see DOG RACING / HORSE RACING / FRAUD Betting on trail, contest of skill, bowling tournaments, 849.14, 849.141 Billiards, owner or other person permitting gambling, 849.07 Bookmaking, on grounds of gambling establishment, 550.361, 849.25 Coin operated devices, sale, possession, 849.15, 849.16, 849.161, 849.23 Fraudulent obtaining of property by gaming, cheating, 817.28 Gambling devices, purchase, sale, or possession, 849.231, 849.233, 849.235 Gambling houses, keeping, renting space, employees, 849.01, 849.02, 849.03 Gambling, penny-ante games not crimes, 849.08, 849.085 Games of chance by lot, 849.11 Lottery prohibited, printing tickets, 849.09, 849.10, also see LOTTERY Prima facie evidence of gambling, 849.05 Pyramids, chain letters, declared a lottery, 849.091 GANGS / STREET TERRORISM / ENFORCEMENT & PREVENTION Causing, encouraging, soliciting, or recruiting gang membership, 874.05 Civil actions, 874.06 Definitions, 874.03 Depriving crime victim of medical care, 843.21 Directing the activities of a criminal street gang, 874.10 Forfeiture, profits, proceeds, and instrumentalities, 874.08 Gang members using electronic communication to intimidate or harass, 874.11 Intimidation, 876.19, 876.20 Pattern of criminal street gang activity and reclassified penalties, 874.04 Possessing or manufacturing fake I.D. furthering interests of a criminal gang, 874.12 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 Terrorism; defined., 775.30, 775.31 General index State Statutes 912 HOMICIDE Death resulting from apparent drug overdose; reporting requirements 893.0301 Excusable homicide, 782.03 Home protection, presumption of fear of death or great bodily harm, 776.13 Justifiable use of deadly force, 776.032, 782.02 Killing of unborn child by injury to mother, 782.09 Law enforcement officer, murder, 782.065 Manslaughter, unnecessary killing, 782.07, 782.11 Murder, assisting in self murder, 782.04, 782.051, 782.08, 782.081 Vehicular, vessel, homicide, 782.071, 782.072 When killing excused, 870.05 HOUSING Damages, 83.55, Enforcement - Rights and Duties, 83.54 Flag display in rental units and condominiums, 83.67 Landlord’s obligations, 83.51 83.53, Prohibited practices - Member of Armed Forces of U.S., 83.67, 83.682 Residing within 1,000 feet of a school (specified persons), 794.065 Tenant’s obligations, 83.52, Waterbeds - restrictions on use, 83.535 HUNTING, see ANIMALS Endangered species / threatened, (Killing or wounding), 379.411 Exemptions pertaining to, 379.404, 379.339 Illegal taking of deer and wild turkey, 379.404 Seizure of illegal devices and equipment, 379.339 IMPERSONATION, see FRAUD, BADGES / INSIGNIA Blue lights and vehicles, unauthorized, 30.46, 321.03, 843.081, 843.085 Criminal use of personal identification information, 817.568 False impersonation of officer, etc., 843.08, 843.0855 Home or private business invasion by false personation, 817.025 Obtaining property by false personation, 817.02 Possessing or manufacturing fake I.D. furthering interests of a criminal gang, 874.12 Unlawful possession of the personal I.D. information of another person, 817.5685 INSURANCE, see FRAUD Burning to defraud the insurer, 817.233 False and fraudulent insurance claims, 817.234 Fraudulent motor vehicle insurance application, 817.236 Fraudulent motor vehicle insurance card, 817.2361 JAILS, see DETENTION FACILITIES JUVENILE, see CHILD ABUSE / NEGLECT, CHILDREN Civil citations, 985.12 Curfew for juveniles, required ordinances, 877.20 - 877.25 Detention of a delinquent / escapee on authority of C.F.S., 985.275 Detention, use of and prohibited uses of, 985.213, 985.214 Fingerprinting and photographing, 985.11 Guardianship (Custody), 744.301 Human trafficking / smuggling, 787.06, 787.07 Loitering and prowling by sexual offender, 856.022 Number of times a child can be interviewed, 39.55, 914.16 Open house parties, 856.015 Release from custody, notification of parents / guardian, 985.115 Release of confidential information, 39.2021 Right to counsel, 985.033 General index State Statutes 913 Runaways, absent from school / truant, 984.13 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 Taking a child into custody, dependent child, 39.401 KIDNAPING, see FALSE IMPRISONMENT LAW ENFORCEMENT OFFICERS, also see PUBLIC OFFICE, SHERIFF Arrest authority and procedures, Federal, Municipalities, see ARREST Badges, see BADGES / INSIGNIA, SHERIFF, IMPERSONATION Bid tampering, 838.22 Blue Alert, Missing L.E.O., 784.071 Bribery, unlawful compensation, 838.014, 838.015, 838.016, 838.15, 838.16 Code enforcement officers and battery upon, 784.083 Complaints against officers, investigation, failure to comply, 112.533, 112.534 Confidential information, misuse of, 794.024, 838.21, 838.22, 839.26 Corruption by threat against public servant, 838.021, also see PUBLIC OFFICE Death benefits, 112.19 Definitions of law enforcement officers, 112.531 Depriving L.E.O. of means of protection or communication, 843.025, Domestic Violence Injunction possessing ammunition / firearms, 790.233 Enhancement, certain crimes committed against L.E.O.'s, see ENHANCEMENTS Escape, aiding, tools into jail, neglect, 843.09, 843.10, 843.12, 843.13 Failure to perform required duty, official misconduct, 838.022, 839.24 False name or false identification by person arrested or lawfully detained, 901.36 Falsifying records, 839.13, also see FALSE REPORTS Firefighter rule abolished, 112.182, also see 112.18 Fleeing or attempting to elude by boat, motor vehicle, 316.1935, 843.18 Florida residency requirements abolished, 112.021 Handcuff key concealed during arrest / detention, 843.021 Harassment of crime watch participant prohibited; penalty; definitions. 843.20 Heart disease, hypertension work related for LEOs & Correctional Officers, 112.18 Impersonation, see IMPERSONATION Minor that have accessed firearms, see WEAPONS Murder / homicide, 782.065 Name and address of officer, unlawful to publish, 843.17 Obstruction by disguised person, 843.03 Obstruction / resisting arrest with or without violence, 843.01, 843.02, 837.05, 901.36 Official Misconduct, 838.022, 838.21, 838.22 Perjury, 837.011, 837.012,837.02, 837.021, also see PERJURY, TESTIMONY Police dog / horse, injuring or killing, 843.18, 843.19, also see ANIMALS Refusal or neglect of person to assist officers, 843.04, 843.06 Resisting arrest / obstruction, with or without violence, 843.01, 843.02, 901.36 Rights of L.E.O. and Correctional Officers under investigation, 112.532 Scanners, unauthorized transmissions / police radio frequency, 843.15, 843.16, 843.167 Screening for sexually communicable diseases, 112.181, 112.1815 Solicitation of legal services or retainers therefor; penalty, 877.02 Travel expenses for law enforcement officers, 92.141 Threats against LEO, judges, and others, 836.12 Unauthorized transmissions or interference on LEO radio frequencies, 843.165 Use of force, see USE of FORCE, SEARCH, SEIZURE & CASE LAW LEWD & LASCIVIOUS BEHAVIOR, see PROSTITUTION, SEXUAL BATTERY Abuse of a dead human body; penalty, 872.06 Adult entertainment, see P.B.C. Ord. Sec. 17 Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Direct observation, or videotaping of customers in dressing room, 877.26 Child pornography, reproduction, 92.561 Expelling, throwing, tossing, projecting, certain fluids on child, 784.085 Exposure of sexual organs, 800.03 General index State Statutes 914 Forced labor by threat or coercion , 787.05, 787.06, 787.07 Loitering and prowling by sexual offender, 856.022 Luring or enticing a child, 787.025 Open adultery, 798.02 Possession or promotion of certain images of child pornography; reclassification, 775.0847 Renting space to be used for lewdness or prostitution, 796.06 Residing within 1,000 feet of a school (specified persons), 794.065 Sex & Human trafficking, 796.035, 796.036, 796.045 Sexting; prohibited acts; penalties, 847.0141 Sexual activities involving animals, 828.126 Sexual cyberharassment, 784.049 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 Unnatural and lascivious act, child, 800.02, 800.04, 800.09 Video voyeurism, 810.145 Violation of an injunction for protection against stalking or cyberstalking 784.0487 Voyeurism, 810.14 LITTER LAW, 403.413, also see ENVIRONMENTAL OFFENSES Environmental regulation and control, see P.B.C. Ord. Sec. 11 LIVESTOCK AT LARGE / LEGAL FENCES, also see Chapter 588 Definitions, duty of owner, liability, 588.13, Livestock at large, 588.24 LOITERING / PROWLING, 856.021, 856.031, also see TRESPASSING Voyeurism, 810.14, 810.145 LOTTERY TICKETS Printing lottery tickets, prohibited, 849.10 Purchase, sale to minors, signs, 24.1055, 24.116, 24.117, 24.118 MANSLAUGHTER, unnecessary killing, 782.07, 782.11, also see HOMICIDE MARCHMAN AND OTHER DRUG SERVICES ACT, 397.675, 677, 6771, 6772 MASKS / HOODS, see CRIMINAL ANARCHY, ENHANCEMENTS MENTAL HEALTH, see BAKER ACT, (MYERS ACT - Repealed 10/01/93) Baker Act, 394.493 Enhanced penalty for offense against person with mental or physical disability; 775.0863 Marchman Act, 397.675, 397.677, 397.6771, 397.6772 MOTOR VEHICLES / HIGHWAYS, see TRAFFIC STATUTES SECTION Abandonment of vehicles, see P.B.C. Ord. Sec. 19 Airbag thefts, fake airbags, 860.145, 860.146 Certain vehicles prohibited from using hard surfaced roads, 861.09 Conveyance of fuel; unlawfully 316.80 Obstructing a highway, transportation facility, 861.01, 861.011, 861.08 Offenses committed partly in this state or while in transit, 910.01, 910.02 Parking, stopping, standing, etc., see P.B.C. Ord. Sec. 19 Parts, repairs, over charging, records of purchases, 812.16, 860.14, 860.15 Restricting or closing highway during time or war, 876.45, 876.46 Tampering with, cargo, trailer, motor vehicle, 860.17 Tow trucks and licensing, see P.B.C. Ord. Sec. 19 Vehicles for hire, see P.B.C. Ord. Sec. 19 Vehicles parked on private property; towing, 715.07, see P.B.C. Ord. Sec. 19 MURDER, 782.04, 782.051, also see HOMICIDE General index State Statutes 915 MYERS ACT - (Repealed 10/01/93), see MARCHMAN ACT & MENTAL HEALTH NOTARIES / OATHS, see FRAUD Administration of oaths, 117.03 Affirmation equivalent to oath, 92.52 False or fraudulent acknowledgments, 117.105 Law enforcement officer and correctional officer; notaries, 117.10 Oath of office, special deputies, 30.09 Unlawful use of notary and prohibited acts, 117.107 NOISE, see AIRCRAFT Railroad train horns and whistles, see P.B.C. Ord. 18 Parks, see P.B.C. Ord. Sec. 21-40 Palm Beach County noise ordinance, see P.B.C. ORD. Appendix F Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 NOTICE TO APPEAR, see ARREST, SEARCH, SEIZURE & CASE LAW OBSCENITY, see PORNOGRAPHY Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 OCCUPATIONAL and BUSINESS LICENSES, see P.B.C. Ord. Sec. 17 Convenience store security, 812.173, 812.175 Tow trucks and licensing, see P.B.C. Ord. Sec. 19 PARKS AND RECREATION, see P.B.C. Ord. Sec. 19 PAWN SHOPS, see SECOND HAND DEALERS & METAL RECYCLERS Junk dealers and metal recyclers occupational licenses, see P.B.C. Ord. 17 PERJURY, see TESTIMONY, FALSE REPORTS Contradictory statements, 837.021 Definitions, 837.011 False name or false identification by person arrested or lawfully detained, 901.36 False official statements, 837.05, 837.055, 837.06 Official proceedings, not in official proceedings, 837.12, 837.02 POISONS, see ETHER OFFENSES Poisoning food or water, 859.01 Provisions concerning certain poisons, 859.04 Selling certain poisons by registered pharmacist or others, 859.02 Synthetic Cannabinoid Herbal Incense, Bath Salts, & Related Substances: Ord 17-414 PORNOGRAPHY, see CHILDREN Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Computer pornography, 847.0133, 847.0135 Child pornography, reproduction, 92.561 Definitions, 847.001 Display for retail sale harmful to minors, 847.0125 Distribution of harmful materials to persons under 18 yrs. of age, 847.012 Exposing minors to pornography, 847.013, 847.0133 Parent / guardian allowing minor to participate in pornography, 847.0145 Possession or promotion of certain images of child pornography; reclassification, 775.0847 Prohibited acts connected with obscene materials, 847.011 Sex & Human trafficking, 796.035, 796.036, 796.045 Sexting; prohibited acts; penalties, 847.0141 Sexual activities involving animals, 828.126 Sexual cyberharassment, 784.049 General index State Statutes 916 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 Transfer of obscene material into State, 847.06 Transmission of pornography by electronic device, 847.0137, 847.0138 Violation of an injunction for protection against stalking or cyberstalking 784.0487 PROSTITUTION, see LEWD & LASCIVIOUS BEHAVIOR, SEXUAL BATTERY Deriving support from prostitution, 796.05 Forcing, compelling or coercing, 787.05, 787.06, 787.07, 796.04 Human trafficking / smuggling, 787.06, 787.07 Procuring a person under 16 years of age for prostitution, 794.03 Prostitution, evidence, penalties, 796.07 Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 Renting space to be used for lewdness or prostitution, 796.06 Sex & Human trafficking, 796.035, 796.036, 796.045 Sexual diseases, testing, 112.181, 112.1815, 384.24 - 287, 775.0877, 796.08, 960.003 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 PUBLIC RECORDS Definitions, state policy, 119.01, 119.011 Examination of public records, exemptions, 119.07 Penalties, violations of this chapter, 119.10 Protection of victims from commercial solicitation, 119.105 PUBLIC OFFICE, see LAW ENFORCEMENT OFFICERS, IMPERSONATION Bid Tampering, 838.22 Bribery, unlawful compensation, 838.014, 838.015, 838.016, 838.15, 838.16 Confidential information, misuse of, 838.21, 839.26 Corruption by threat against public servant, 838.021 Definitions pertaining to public office, 838.014 Failure to execute process, criminal process, 839.19 Failure to perform required duty, official misconduct, 838.022 839.24 Falsifying records, 839.13 Florida residency requirements abolished, 112.021 Official Misconduct, 838.022 Solicitation of legal services or retainers therefor; penalty, 877.02 Threats against LEO, judges, and others, 836.12 PUBLIC ESTABLISHMENTS (LODGING & FOOD SERVICE), see THEFT, FRAUD Conduct on the premises / refusal of services, 509.142 Disorderly conduct at establishment, 509.143 Distribution of handbill in a public lodging establishment; penalties, 509.144 Ejection / refusal to admit undesirable, 509.141 Obtaining food or lodging with intent to defraud, 509.151 Rights of public lodging and food service establishments, 509.092 Theft of property by an employee, 509.162 RAILROADS Damaging structure, driving cattle on tracks, 860.11 Failure pay fare, 860.04 Offenses committed partly in this state or while in transit, 910.01, 910.02 Interfering with, signs, track, or equipment, 860.05, 860.08, 860.09, 860.091 Intoxicated operator / servant of a common carrier, 860.03 Shooting or throwing projectile at railroad vehicles, 860.121 Sounding of railroad train horns / whistles, see P.B.C. Ord. Sec. 18 ROADSIDE STANDS AND VENDORS, see P.B.C. Ord. Sec. 23 ROBBERY, 812.13, also see THEFT Robbery by sudden snatching, 812.131 General index State Statutes 917 SCANNERS, 843.15, 843.16, 843.167, see LAW ENFORCEMENT OFFICERS Unlawful use of a two-way communications device (think cell phone), 934.215 Unauthorized transmissions / interference on FCC assigned frequencies, 877.27 Unauthorized transmissions or interference on LEO radio frequencies, 843.165 SCHOOLS / EDUCATIONAL INSTITUTIONS Academic degree or false title, 817.566, 817.567, also see ACADEMIC, FRAUD Adult entertainment harmful displays within 2,500 feet of a school, 847.0134 Disturbing school function or funeral, 871.01, 871.015, 877.13 School safety zones; trespass near schools, 810.0975 Weapons, possessing or discharging on school property, 790.115 SEARCH WARRANTS, see ARREST, SEARCH, SEIZURE & CASE LAW Affidavits founded upon probable cause, sworn application, 933.04, 933.06 Blank search warrants prohibited from being issued, 933.05 Duplicate to be delivered upon service, 933.11 Exceeding authority in execution of search warrant, 933.17 Forced entry, officer may break open door, 933.09 Grounds for search warrant, 933.02, 933.18 Inventory / return of property, 933.12, 933.13 Issuance of search warrant, 933.07 Law enforcement may order telephone line cut, 934.15 Maliciously procuring issuance of search warrant, 933.16 Obstruction of service or execution of search warrant, 933.15 Persons authorized or directed to serve search warrant, 933.08 Persons competent to issue search warrant, 933.01 Time of warrant service, day / night, Sundays, 933.10, 933.101 Vehicles containing contraband, 933.19, also see S. S. & CASE LAW SECOND HAND DEALERS & METAL RECYCLERS, see P.B.C. Ord. Sec. 17 Definitions for metal recyclers, exemptions, violations, 538.18, 538.22, 538.23, 538.235 Definitions, penalties for violation of (Chapter 538), 538.03, 538.07 Metal recyclers, certain acts / practices prohibited, 538.26 Metal recyclers, holding notice based upon suspicion of stolen property, 538.21 Metal recyclers, petition for the return of stolen goods, 538.24 Metal recyclers, records requirements and inspection, 538.19, 538.20 Pawn brokers, disposal of property, 538.16 Second hand dealers, certain acts / practices prohibited, 538.15 Second hand dealers, petition for the return of stolen goods, 538.08 Second hand dealers, holding period, 538.06 Second hand dealers, records requirements and inspection, 538.04 SEXUAL BATTERY, see LEWD & LASCIVIOUS BEHAVIOR Abuse of a dead human body; penalty, 872.06 Carnal intercourse with unmarried person under 18 years of age, 794.05 Child pornography, reproduction, 92.561 Common law presumption relating to age abolished, 794.02 Confidential information, disclosure of identifying information, 794.024 Definitions, legislative findings, 794.005, 794.011 Duty to report, 794.027 Expelling, throwing, tossing, projecting, certain fluids on child, 784.085 Identification of victim by broadcast or publication prohibited, 794.03 Ignorance or belief as to victim's age is no defense, 794.021 Incest, 826.04, also see CHILD ABUSE Luring or enticing a child, 787.025 Multiple perpetrators, 794.023 Number of times a child can be interviewed, 92.55, 914.16 Releasing name and / or information, 92.56, 92.565, 794.024 Residing within 1,000 feet of a school (specified persons), 794.065 General index State Statutes 918 Rules of evidence, 794.022 Sexting; prohibited acts; penalties, 847.0141 Sexual activities involving animals, 828.126 Sexual diseases, testing, 112.181, 112.1815, 384.24 - 287, 775.0877, 796.08, 960.003 Sexual performance by a child, 827.071, also see CHILD ABUSE Sexual Predator & Offender, 775.21, 775.215, 775.261 SHERIFF, see LAW ENFORCEMENT OFFICERS, PUBLIC OFFICE Badges and vehicles; imitations and colors, 30.46, also see 843.081, 843.085 Bid Tampering, 838.22 Bonds and release of traffic violators, 30.56, also see 318.14 Bribery, unlawful compensation, 838.014, 838.015, 838.016, 838.15, 838.16 Closing of public facilities, 30.291 Confidential information, misuse of, 838.21, 838.22, 839.26 Contract services, off duty employment, 30.2905 Corruption by threat against public servant, 836.12, 838.021 Escape, neglect of officer, voluntary by officer, 843.09, 843.10 Failure to execute process, criminal process, 839.19 Failure to perform required duty, official misconduct, 838.022, 839.24 Harassment of crime watch participant prohibited; penalty; definitions. 843.20 Independence of Office and Constitutional Officials, 30.53 Official Misconduct, 838.022 Place of office, 30.10 Power to appoint deputies, special deputies, qualifications, 30.07, 30.09 Powers, duties, and obligations, 30.15 Refusal to receive prisoner, 839.21 Solicitation of legal services or retainers therefor; penalty, 877.02 Vital war industries, special deputy guard appointments, 30.29 SMOKING, see CIGARETTES Elevators, (unlawful to smoke inside), 823.12 Nicotine products and nicotine dispensing devices; prohibitions for minors, 877.112 Sales of cigarettes to person under 18 years, FSS 210, 569.101, 569.14 Smoking in airport, see P.B.C. Ord. Appendix B Sec. 4-7 Synthetic Cannabinoid Herbal Incense, Bath Salts, & Related Substances: Ord 17-414 STALKING, 784.0487 784.048, 784.049 SUMMONS, see ARREST, SEARCH, SEIZURE & CASE LAW TOBACCO, see CIGARETTES, SMOKING TELEPHONE / TELECOMMUNICATIONS 911 calls, 365.172, also see FALSE REPORTS Cellular telephone counterfeiting offenses, 817.4821 Interception or disclosure; wire, oral, electronic communication, 934.03, 943.43 Installation of tracking devices or tracking applications; exceptions; penalties, 934.425 Law enforcement may order line cut, 934.15 Obscene calls, service, 365.16, 365.161, see PORNOGRAPHY Possessing or transferring device for theft of service, 817.482, 817.4821 Publication of schemes, devices, means, or methods for theft, 817.483 Sexting; prohibited acts; penalties, 847.0141 Unlawful use of a two-way communications device (think cell phone), 934.215 Unauthorized transmissions / interference on FCC assigned frequencies, 877.27 TELEVISION / RADIO Disruption of commercial video or audio productions, see P.B.C. Ord. Sec. 18-6 False charges for repairs and parts, 817.53, also see FRAUD Theft of television and cable services, 812.15, see THEFT, P.B.C. Ord. Sec. 8-26 General index State Statutes 919 TERRORISM (Also see Gangs) Agroterrorism; penalties. 775.35 Facilitating or furthering terrorism; reclassification., 775.31 Membership in a designated foreign terrorist organization., 775.34 Providing material support or resources to terrorist organizations., 775.33 Terrorism; defined., 775.30 Use of military-type training provided by a designated foreign terrorist organization. 775.32 TESTIMONY, also see NOTARIES / OATHS, PERJURY, FRAUD Affirmation of oath, 92.52 Confidential information, disclosure of identifying information, 794.024 Criminal use of personal identification information, 817.568 Eyewitness identification, 92.70 Fabricating physical evidence, 918.13 False name or false identification by person arrested or lawfully detained, 901.36 Falsifying records, 839.13 Number of times a child can be interviewed, 92.55 Officer does not have to disclose personal information, 914.15 Photographs of stolen property; use in prosecution, 90.91 Solicitation of legal services or retainers therefor; penalty, 877.02 Tampering with a witness / juror, 914.22, 914.23, 918.12 Termination of employment for testifying, prohibited, 92.57, 985.325 Travel expenses for law enforcement officers, 92.141 Witnesses privileges with respect to Criminal Anarchy, 876.42 THEFT / STOLEN PROPERTY, 812.014, also see FRAUD Altered property, 812.016, 812.017 also see ALTERATIONS, FRAUD Airbag theft, fake airbags, 860.145, 860.146 Cable television services 812.145, 812.15 Carjacking, 812.133 Charging theft and dealing in stolen property, 812.019, 812.025 Chop shops, definitions, penalties, forfeiture, 812.16, 860.14, 860.15 Coin operated vending machines / parking meters, 877.08 Convenience business (store) security, 812.171 - 812.175 Copper or utility cables, 812.145 Dealing in stolen property, 812.019, 812.0195, 812.025 Definitions, defenses precluded, legislative intent, 812.012, 812.028, 812.037 Direct observation, or videotaping of customers in dressing room, 877.26 Evidence of theft or dealing in stolen property, 812.022 Fraudulently obtained or false receipt, 812.017 Hiring, leasing, or obtaining property with intent to defraud, 812.155, 817.52 Home invasion, 812.135, also see BURGLARY Hospital, fraudulently obtaining goods, services, etc., 817.50, see FRAUD Intellectual or computer related crimes, see COMPUTERS Junkyards and scrap metal processing plants, etc., inspection, 812.055 Motor vehicle, parts, repairs, records of purchases, 812.16, 860.14, 860.15 Obtaining food / lodging with intent to defraud, see PUBLIC ESTABLISHMENTS Persons 65 years of age or older; reclassification of offenses, 812.0145 Retail and farm theft, 812.015 Robbery, 812.13, 812.135 Robbery by sudden snatching, 812.131 Shopping carts, dairy cases, egg baskets, see CONTAINERS Stolen vehicle, notification to owner and agency initiating report, 812.062 Tampering with an electronic monitoring device, 843.23 Trade secrets; theft, embezzlement; unlawful copying; definitions; 812.081 Trespass and larceny in relation to utility fixtures, 812.14, 812.145 THREATS / EXTORTION, 836.05, also see ASSAULT / BATTERY Directing the activities of a criminal street gang, 874.10 General index State Statutes 920 Gang members using electronic communication to intimidate or harass, 874.11 Harassment of crime watch participant prohibited; penalty; definitions. 843.20 Libel, punishment for, 836.01, 836.03, 836.07, 836.09 Publications tenting to expose persons to hatred, contempt, ridicule, 836.11 Tampering with a witness / juror, 914.22, 914.23, 918.12 Threats against LEO, judges, and others, 836.12 Written threats to kill or to do bodily injury, 836.10 TRESPASSING, see BURGLARY Distribution of handbill in a public lodging establishment; penalties, 509.144 Fences, breaking, damaging, injuring, 810.115 Lodging in the open, see P.B.C. Ord. Sec. 18 Loitering / prowling, 856.021, 856.022, 856.031, 810.0975 On property other than a structure, etc., 810.09 Posting, notices, signs, unauthorized entry, 810.10, 810.11, 810.12 Public nuisance, place where drugs are illegally kept, sold, or used, 823.10 Public transit vehicles, see P.B.C. Ord. Sec. 18 School property, with weapon, 810.095, 810.097, also see SCHOOLS School safety zones; trespass near schools, 810.0975 Sheltering unmarried minors; aiding unmarried minor runaways; 985.731 South Lake Worth Inlet, see P.B.C. Ord. Sec. 18 Structure or conveyance, 810.08 Transient Occupancy Affidavit and remedies, 82.045 Unlawful entry upon property time of war, 876.43 Video voyeurism, 810.145 Voyeurism, 810.14 USE of FORCE, see SEARCH, SEIZURE & CASE LAW Aggressor, 776.041 Deadly force, justifiable, 776.06, 782.02 Defense of a person, defense of others, 776.012, 776.031 Forcible felony, 776.08 Home protection, presumption of fear of death or great bodily harm, 776.13 Justifiable use of force, 776.032 Law Enforcement Officer, arrest, prevent escape, 776.05, 776.07 Law Enforcement Officer, murder, 782.065 Resisting arrest, 776.051, 843.02, 843.03, 901.36 WARRANTS, see ARREST, SEARCH, SEIZURE & CASE LAW WATER / SEWERS AND SEWAGE DISPOSAL, see P.B.C. Ord. Sec. 27 (Prior to taking enforcement action on Ord. Sec.27 consult with Counsel or County Attorneys Office, because some elements of this section are repealed / reassigned.) WATERWAYS, see ENVIRONMENTAL OFFENSES, LITTERING Divers down flag, see BOATING Obstructing water course, channels, 861.02, 861.021 Offenses committed partly in this state or while in transit, 910.01, 910.02 WEAPONS, see ENHANCEMENTS Armor piercing / exploding ammo / shells, 790.31 Arrest possible without warrant based upon probable cause, 790.02 Battery on a L.E.O. using spray or stun gun, 790.054 BB guns, electric weapons / devices to minors, 790.22 Bomb / destructive device, threat, false report, 790.162, 790.163, 790.164 Bomb / destructive device, throwing, placing, possessing, 790.161, 790.1615 Bomb, planting a "hoax bomb" or weapon of mass destruction, 790.165, 790.166 Carrying concealed firearms / weapons, off duty L.E.O.'s, 790.01, 790.052 Concealed weapons licenses from other states, 790.015 General index State Statutes 921 Criminal offenses involving weapons, 790.07, also see ENHANCEMENTS Definitions, exemptions law enforcement, judges, 790.001, 790.051, 790.061 Discharge of firearms, see P.B.C. Ord. Sec. 28 Domestic Violence Injunction, possessing ammunition / firearm, 790.233 Felons, possession of firearms / electric weapons, 790.23, 790.235 Handguns, mandatory waiting period, purchase, delivery, 790.0655 Improper exhibition of weapons, 790.10 Laser lighting devices; misuse of, 784.062 Lawful ownership, possession, use of firearms, legislative intent., 790.25, 790.251 Licenses to carry concealed weapon, 790.06, 790.233 Machine guns, discharging, 790.16 Minors, furnish / sell to, securing firearms, 790.17, 790.174, 790.175, 790.18 Open carrying of weapons, 790.053 Paramilitary training, teaching or participation, 790.29 Public discharge of firearm, 790.15, also see P.B.C. Ord. Sec. 28 Report of medical treatment of gunshot wound, 790.24 Sale and delivery of firearms, 790.065 School property, possession or discharging weapons, 790.115 Self propelled knifes, manufacture, possession, sale, 790.225 Serial number, alteration or removal of number, 790.27 Shooting / throwing deadly missiles, dwellings, etc., 790.19 Short barreled rifle / shotgun, possession of, 790.221 Slungshot, manufacture or selling, 790.09 State assumes final authority on regulation of firearms and ammunition, 790.33 Taking possession of weapons, reports, etc., 790.08 Using firearm while under the influence, 790.151 to 790.157 Weapons of mass destruction, hoax, threatened use, 790.166 WORTHLESS CHECKS, 68.065, 832.041 - 832.075, also see FRAUD .pdf PBSOLE~1.pdf PBSO LEO Handbook 2018.pdf application/pdf B196D8CED3062B42BD7D6A4E1D75D2DA@namprd09.prod.outlook.com EnUsAllen, download this to your desktop. 2018 PBSO Green Book _____ Lieutenant John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream Fl 33483 561-278-8611 P.D. 561-276-2528 Fax 561-243-7800 Dispatch Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. _____ From: John Haseley Sent: Thursday, February 22, 2018 12:59 PM To: Bernard O’Donnell; Brad Fidler; Charles Smith; Chris Hamori; Christopher Fahey; Edward K Allen; John Haseley; John Passeggiata; Marshall Felter; Ramon Batista; Randall Wilson; Todd Sutton Subject: New 2018 PBSO Handbook Replace and down load to you laptop screen. Lieutenant John Haseley Gulf Stream Police 246 Sea Road, Gulf Stream Fl 33483 P.D. 561-278-8611 Dispatch 561-243-7800 Fax 561-276-2528 Confidentiality Notice : This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law e-mail addresses are public record. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing.