CODING: Words stricken are deletions; words underlined are additions.House Bill 1259c1
Florida House of Representatives - 1998 CS/HB 1259
By the Committee on Crime & Punishment and Representatives
Dawson-White, Futch, Roberts-Burke, Murman, Meek, Brown and
Heyman
1 A bill to be entitled
2 An act relating to criminal offenses involving
3 minors; creating the Children's Protection Act
4 of 1998; amending s. 775.084, F.S., relating to
5 violent career criminal sentencing, to conform
6 to the act; amending ss. 787.01 and 787.02,
7 F.S., relating to kidnapping and false
8 imprisonment, to conform to the act; amending
9 s. 800.03, F.S.; redefining the offense of
10 unlawful exposure or exhibition of sexual
11 organs to prohibit appearing naked under
12 specified circumstances; providing penalties;
13 providing an exception for maternal
14 breastfeeding; amending s. 800.04, F.S.;
15 creating the offenses of "lewd or lascivious
16 battery," "lewd or lascivious molestation,"
17 "lewd or lascivious conduct," and "lewd or
18 lascivious exhibition"; providing definitions;
19 providing penalties; precluding consent from
20 being raised as a defense except in certain
21 circumstances; precluding ignorance or belief
22 of age from being raised as a defense;
23 providing an exception for maternal
24 breastfeeding; deleting provisions that define
25 and provide penalties for "lewd, lascivious, or
26 indecent assault or act upon or in the presence
27 of a child"; amending s. 826.04, F.S., relating
28 to incest; removing definition of "sexual
29 intercourse" and defining "sexual activity";
30 redefining the offense of third degree felony
31 incest to include knowingly marrying or
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1 engaging in sexual activity with any of the
2 specified relatives who is at least 18 years
3 old; providing penalties; defining the offense
4 of second degree felony incest against a person
5 under 16 years of age; providing penalties;
6 reenacting ss. 775.15(7), 787.025(2)(a),
7 914.16, and 944.606(1)(b), F.S., relating to
8 time limitations, luring or enticing a child,
9 limits on interviews, and sex offender
10 notification upon release, to incorporate the
11 amendments to ss. 800.04 and 826.04, F.S., in
12 cross references; amending s. 921.0022, F.S.;
13 ranking offenses created in the act in the
14 Criminal Punishment Code offense severity
15 ranking chart; amending s. 948.03, F.S., and
16 reenacting s. 948.03(6), F.S., relating to
17 terms and conditions of probation or community
18 control, to conform to the act; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. This act shall be known and may be cited as
24 the "Children's Protection Act of 1998."
25 Section 2. Paragraph (c) of subsection (1) of section
26 775.084, Florida Statutes, is amended to read:
27 775.084 Violent career criminals; habitual felony
28 offenders and habitual violent felony offenders; definitions;
29 procedure; enhanced penalties.--
30 (1) As used in this act:
31
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1 (c) "Violent career criminal" means a defendant for
2 whom the court must impose imprisonment pursuant to paragraph
3 (4)(c), if it finds that:
4 1. The defendant has previously been convicted as an
5 adult three or more times for an offense in this state or
6 other qualified offense that is:
7 a. Any forcible felony, as described in s. 776.08;
8 b. Aggravated stalking, as described in s. 784.048(3)
9 and (4);
10 c. Aggravated child abuse, as described in s.
11 827.03(2);
12 d. Aggravated abuse of an elderly person or disabled
13 adult, as described in s. 825.102(2);
14 e. Lewd or lascivious battery, lewd or lascivious
15 molestation, lewd or lascivious conduct, or lewd or lascivious
16 exhibition, lascivious, or indecent conduct, as described in
17 s. 800.04;
18 f. Escape, as described in s. 944.40; or
19 g. A felony violation of chapter 790 involving the use
20 or possession of a firearm.
21 2. The defendant has been incarcerated in a state
22 prison or a federal prison.
23 3. The primary felony offense for which the defendant
24 is to be sentenced is a felony enumerated in subparagraph 1.
25 and was committed on or after October 1, 1995, and:
26 a. While the defendant was serving a prison sentence
27 or other commitment imposed as a result of a prior conviction
28 for an enumerated felony; or
29 b. Within 5 years after the conviction of the last
30 prior enumerated felony, or within 5 years after the
31 defendant's release from a prison sentence or other commitment
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1 imposed as a result of a prior conviction for an enumerated
2 felony, whichever is later.
3 4. The defendant has not received a pardon for any
4 felony or other qualified offense that is necessary for the
5 operation of this paragraph.
6 5. A conviction of a felony or other qualified offense
7 necessary to the operation of this paragraph has not been set
8 aside in any postconviction proceeding.
9 (6) The purpose of this section is to provide uniform
10 punishment for those crimes made punishable under this
11 section, and to this end, a reference to this section
12 constitutes a general reference under the doctrine of
13 incorporation by reference.
14 Section 3. Paragraph (a) of subsection (3) of section
15 787.01, Florida Statutes, is amended to read:
16 787.01 Kidnapping; kidnapping of child under age 13,
17 aggravating circumstances.--
18 (3)(a) A person who commits the offense of kidnapping
19 upon a child under the age of 13 and who, in the course of
20 committing the offense, commits one or more of the following:
21 1. Aggravated child abuse, as defined in s. 827.03;
22 2. Sexual battery, as defined in chapter 794, against
23 the child;
24 3. Lewd or lascivious battery, lewd or lascivious
25 molestation, lewd or lascivious conduct, or lewd or lascivious
26 exhibition A lewd, lascivious, or indecent assault or act upon
27 or in the presence of the child, in violation of s. 800.04;
28 4. A violation of s. 796.03 or s. 796.04, relating to
29 prostitution, upon the child; or
30 5. Exploitation of the child or allowing the child to
31 be exploited, in violation of s. 450.151,
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1
2 commits a life felony, punishable as provided in s. 775.082,
3 s. 775.083, or s. 775.084.
4 Section 4. Paragraph (a) of subsection (3) of section
5 787.02, Florida Statutes, is amended to read:
6 787.02 False imprisonment; false imprisonment of child
7 under age 13, aggravating circumstances.--
8 (3)(a) A person who commits the offense of false
9 imprisonment upon a child under the age of 13 and who, in the
10 course of committing the offense, commits any offense
11 enumerated in subparagraphs 1.-5., commits a felony of the
12 first degree, punishable by imprisonment for a term of years
13 not exceeding life or as provided in s. 775.082, s. 775.083,
14 or s. 775.084.
15 1. Aggravated child abuse, as defined in s. 827.03;
16 2. Sexual battery, as defined in chapter 794, against
17 the child;
18 3. Lewd or lascivious battery, lewd or lascivious
19 molestation, lewd or lascivious conduct, or lewd or lascivious
20 exhibition A lewd, lascivious, or indecent assault or act upon
21 or in the presence of the child, in violation of s. 800.04;
22 4. A violation of s. 796.03 or s. 796.04, relating to
23 prostitution, upon the child; or
24 5. Exploitation of the child or allowing the child to
25 be exploited, in violation of s. 450.151.
26 Section 5. Section 800.03, Florida Statutes, is
27 amended to read:
28 800.03 Exposure of sexual organs.--
29 (1) It is unlawful for any person, in a lewd or
30 lascivious manner, to expose or exhibit his or her one's
31 sexual organs in public or on the private premises of another,
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1 or so near thereto as to be seen from such private premises,
2 in a vulgar or indecent manner, or appear to be naked in
3 public except in any place provided or set apart for that
4 purpose.
5 (2) A person who commits a violation of this section
6 commits is a misdemeanor of the first degree, punishable as
7 provided in s. 775.082 or s. 775.083.
8 (3) A mother's breastfeeding of her baby does not
9 under any circumstance violate this section.
10 Section 6. Section 800.04, Florida Statutes, is
11 amended to read:
12 800.04 Lewd or lascivious offenses committed upon or
13 in the presence of persons less than 16 years of age Lewd,
14 lascivious, or indecent assault or act upon or in presence of
15 child.--
16 (1) DEFINITIONS.--As used in this section:
17 (a) "Sexual activity" means the oral, anal, or vaginal
18 penetration by, or union with, the sexual organ of another or
19 the anal or vaginal penetration of another by any other
20 object; however, sexual activity does not include an act done
21 for a bona fide medical purpose.
22 (b) "Consent" means intelligent, knowing, and
23 voluntary consent, and does not include submission by
24 coercion.
25 (c) "Coercion" means the use of exploitation, bribes,
26 threats of force, or intimidation to gain cooperation or
27 compliance.
28 (d) "Victim" means a person upon whom an offense
29 described in this section was committed or attempted; or a
30 person who has reported a violation of this section to a law
31 enforcement officer.
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1 (2) CONSENT OF VICTIM.--
2 (a) If the victim is under 12 years of age, the
3 consent of the victim cannot be raised as a defense to a
4 prosecution for any offense under this section.
5 (b) If the victim is 12 years of age or older but less
6 than 16 years of age, the consent of the victim cannot be
7 raised as a defense to a prosecution for any offense under
8 this section if the difference between the age of the offender
9 and the age of the victim exceeds 2 years.
10 (3) IGNORANCE OR BELIEF OF VICTIM'S AGE.--The
11 perpetrator's ignorance of the victim's age, the victim's
12 misrepresentation of his or her age, or the perpetrator's bona
13 fide belief of the victim's age, cannot be raised as a defense
14 in a prosecution under this section.
15 (4) LEWD OR LASCIVIOUS BATTERY.--A person who:
16 (a) Engages in sexual activity with a person 12 years
17 of age or older but less than 16 years of age; or
18 (b) Encourages, forces, or entices any person less
19 than 16 years of age to engage in sadomasochistic abuse,
20 sexual bestiality, prostitution, or any other act involving
21 sexual activity
22
23 commits lewd or lascivious battery, a felony of the second
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 (5) LEWD OR LASCIVIOUS MOLESTATION.--
27 (a) A person who intentionally touches in a lewd or
28 lascivious manner the breasts, genitals, genital area, or
29 buttocks, or the clothing covering them, of a person less than
30 16 years of age, or forces or entices a person under 16 years
31
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1 of age to so touch the perpetrator, commits lewd or lascivious
2 molestation.
3 (b) An offender 18 years of age or older who commits
4 lewd or lascivious molestation against a victim less than 12
5 years of age commits a felony of the first degree, punishable
6 as provided in s. 775.082, s. 775.083, or s. 775.084.
7 (c)1. An offender less than 18 years of age who
8 commits lewd or lascivious molestation against a victim less
9 than 12 years of age; or
10 2. An offender 18 years of age or older who commits
11 lewd or lascivious molestation against a victim 12 years of
12 age or older but less than 16 years of age
13
14 commits a felony of the second degree, punishable as provided
15 in s. 775.082, s. 775.083, or s. 775.084.
16 (d) An offender less than 18 years of age who commits
17 lewd or lascivious molestation against a victim 12 years of
18 age or older but less than 16 years of age commits a felony of
19 the third degree, punishable as provided in s. 775.082, s.
20 775.083, or s. 775.084.
21 (6) LEWD OR LASCIVIOUS CONDUCT.--
22 (a) A person who:
23 1. Intentionally touches a person under 16 years of
24 age in a lewd or lascivious manner; or
25 2. Solicits a person under 16 years of age to commit a
26 lewd or lascivious act
27
28 commits lewd or lascivious conduct.
29 (b) An offender 18 years of age or older who commits
30 lewd or lascivious conduct commits a felony of the second
31
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1 degree, punishable as provided in s. 775.082, s. 775.083, or
2 s. 775.084.
3 (c) An offender less than 18 years of age who commits
4 lewd or lascivious conduct commits a felony of the third
5 degree, punishable as provided in s. 775.082, s. 775.083, or
6 s. 775.084.
7 (7) LEWD OR LASCIVIOUS EXHIBITION.--
8 (a) A person who:
9 1. Intentionally masturbates;
10 2. Intentionally exposes the genitals in a lewd or
11 lascivious manner; or
12 3. Intentionally commits any other sexual act that
13 does not involve actual physical or sexual contact with the
14 victim, including, but not limited to, sadomasochistic abuse,
15 sexual bestiality, or the simulation of any act involving
16 sexual activity
17
18 in the presence of a victim who is less than 16 years of age,
19 commits lewd or lascivious exhibition.
20 (b) An offender 18 years of age or older who commits a
21 lewd or lascivious exhibition commits a felony of the second
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 (c) An offender less than 18 years of age who commits
25 a lewd or lascivious exhibition commits a felony of the third
26 degree, punishable as provided in s. 775.082, s. 775.083, or
27 s. 775.084.
28 (8) EXCEPTION.--A mother's breastfeeding of her baby
29 does not under any circumstance constitute a violation of this
30 section. A person who:
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1 (1) Handles, fondles, or assaults any child under the
2 age of 16 years in a lewd, lascivious, or indecent manner;
3 (2) Commits actual or simulated sexual intercourse,
4 deviate sexual intercourse, sexual bestiality, masturbation,
5 sadomasochistic abuse, actual lewd exhibition of the genitals,
6 or any act or conduct which simulates that sexual battery is
7 being or will be committed upon any child under the age of 16
8 years or forces or entices the child to commit any such act;
9 (3) Commits an act defined as sexual battery under s.
10 794.011(1)(h) upon any child under the age of 16 years; or
11 (4) Knowingly commits any lewd or lascivious act in
12 the presence of any child under the age of 16 years,
13
14 without committing the crime of sexual battery, commits a
15 felony of the second degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084. Neither the victim's lack
17 of chastity nor the victim's consent is a defense to the crime
18 proscribed by this section. A mother's breastfeeding of her
19 baby does not under any circumstance violate this section.
20 Section 7. Section 826.04, Florida Statutes, is
21 amended to read:
22 826.04 Incest.--
23 (1) A person who Whoever knowingly marries or engages
24 in sexual activity has sexual intercourse with a person 18
25 years of age or older to whom he or she is related by lineal
26 consanguinity, or a brother, sister, uncle, aunt, nephew, or
27 niece, commits incest, which constitutes a felony of the third
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084. "Sexual intercourse" is the penetration of the
30 female sex organ by the male sex organ, however slight;
31 emission of semen is not required.
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1 (2) A person who knowingly marries or engages in
2 sexual activity with a person less than 18 years of age to
3 whom he or she is related by lineal consanguinity, or a
4 brother, sister, uncle, aunt, nephew, or niece, commits
5 incest, a felony of the second degree, punishable as provided
6 in s. 775.082, s. 775.083, or s. 775.084.
7 (3) For purposes of this section, "sexual activity"
8 means the oral, anal, or vaginal penetration by or union with,
9 the sexual organ of another; however, sexual activity does not
10 include an act done for a bona fide medical purpose.
11 Section 8. For the purpose of incorporating the
12 amendments to sections 800.04 and 826.04, Florida Statutes, in
13 references thereto, the sections or subdivisions of Florida
14 Statutes set forth below are reenacted to read:
15 775.15 Time limitations.--
16 (7) If the victim of a violation of s. 794.011, former
17 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
18 under the age of 16, the applicable period of limitation, if
19 any, does not begin to run until the victim has reached the
20 age of 16 or the violation is reported to a law enforcement
21 agency or other governmental agency, whichever occurs earlier.
22 Such law enforcement agency or other governmental agency shall
23 promptly report such allegation to the state attorney for the
24 judicial circuit in which the alleged violation occurred. If
25 the offense is a first or second degree felony violation of s.
26 794.011, and the crime is reported within 72 hours after its
27 commission, paragraph (1)(b) applies. This subsection applies
28 to any such offense except an offense the prosecution of which
29 would have been barred by subsection (2) on or before December
30 31, 1984.
31 787.025 Luring or enticing a child.--
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1 (2)(a) A person over the age of 18 who, having been
2 previously convicted of a violation of chapter 794 or s.
3 800.04, or a violation of a similar law of another
4 jurisdiction, intentionally lures or entices, or attempts to
5 lure or entice, a child under the age of 12 into a structure,
6 dwelling, or conveyance for other than a lawful purpose
7 commits a felony of the third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 914.16 Child abuse and sexual abuse of victims under
10 age 16 or persons with mental retardation; limits on
11 interviews.--The chief judge of each judicial circuit, after
12 consultation with the state attorney and the public defender
13 for the judicial circuit, the appropriate chief law
14 enforcement officer, and any other person deemed appropriate
15 by the chief judge, shall provide by order reasonable limits
16 on the number of interviews that a victim of a violation of s.
17 794.011, s. 800.04, or s. 827.03 who is under 16 years of age
18 or a victim of a violation of s. 794.011, s. 800.02, s.
19 800.03, or s. 825.102 who is a person with mental retardation
20 as defined in s. 393.063(41) must submit to for law
21 enforcement or discovery purposes. The order shall, to the
22 extent possible, protect the victim from the psychological
23 damage of repeated interrogations while preserving the rights
24 of the public, the victim, and the person charged with the
25 violation.
26 944.606 Sexual offenders; notification upon release.--
27 (1) As used in this section:
28 (b) "Sexual offender" means a person who has been
29 convicted of a felony violation of chapter 794, s. 800.04, s.
30 827.071, or s. 847.0145, or a violation of a similar law of
31 another jurisdiction, when the department has received
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1 verified information regarding such conviction; an offender's
2 computerized criminal history record is not, in and of itself,
3 verified information.
4 Section 9. Paragraphs (b), (d), (e), (f), (g), (h),
5 (i), and (j) of subsection (3) of section 921.0022, Florida
6 Statutes, are amended to read:
7 921.0022 Criminal Punishment Code; offense severity
8 ranking chart.--
9 (3) OFFENSE SEVERITY RANKING CHART
10
11 Florida Felony
12 Statute Degree Description
13
14 (b) LEVEL 2
15 403.413(5)(c) 3rd Dumps waste litter exceeding 500
16 lbs. in weight or 100 cubic feet
17 in volume or any quantity for
18 commercial purposes, or hazardous
19 waste.
20 517.07 3rd Registration of securities and
21 furnishing of prospectus
22 required.
23 590.28(1) 3rd Willful, malicious, or
24 intentional burning.
25 784.05(3) 3rd Storing or leaving a loaded
26 firearm within reach of minor who
27 uses it to inflict injury or
28 death.
29 787.04(1) 3rd In violation of court order,
30 take, entice, etc., minor beyond
31 state limits.
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1 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
2 or more to public communication
3 or any other public service.
4 810.09(2)(e) 3rd Trespassing on posted commerical
5 horticulture property.
6 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
7 more but less than $5,000.
8 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
9 more but less than $300, taken
10 from unenclosed curtilage of
11 dwelling.
12 817.234(1)(a)2. 3rd False statement in support of
13 insurance claim.
14 817.481(3)(a) 3rd Obtain credit or purchase with
15 false, expired, counterfeit,
16 etc., credit card, value over
17 $300.
18 817.52(3) 3rd Failure to redeliver hired
19 vehicle.
20 817.54 3rd With intent to defraud, obtain
21 mortgage note, etc., by false
22 representation.
23 817.60(5) 3rd Dealing in credit cards of
24 another.
25 817.60(6)(a) 3rd Forgery; purchase goods, services
26 with false card.
27 817.61 3rd Fraudulent use of credit cards
28 over $100 or more within 6
29 months.
30
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1 826.04(1) 3rd Knowingly marries or engages in
2 sexual activity has sexual
3 intercourse with person 18 years
4 of age or older to whom related.
5 831.01 3rd Forgery.
6 831.02 3rd Uttering forged instrument;
7 utters or publishes alteration
8 with intent to defraud.
9 831.07 3rd Forging bank bills or promissory
10 note.
11 831.08 3rd Possession of 10 or more forged
12 notes.
13 831.09 3rd Uttering forged bills; passes as
14 bank bill or promissory note.
15 832.05(3)(a) 3rd Cashing or depositing item with
16 intent to defraud.
17 843.08 3rd Falsely impersonating an officer.
18 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
19 (2)(c), (3), or (4) drugs other
20 than cannabis.
21 893.147(2) 3rd Manufacture or delivery of drug
22 paraphernalia.
23
24 (d) LEVEL 4
25 316.1935(2) 3rd Fleeing or attempting to elude
26 law enforcement officer resulting
27 in high-speed pursuit.
28 784.07(2)(b) 3rd Battery of law enforcement
29 officer, firefighter, intake
30 officer, etc.
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1 784.075 3rd Battery on detention or
2 commitment facility staff.
3 784.08(2)(c) 3rd Battery on a person 65 years of
4 age or older.
5 784.081(3) 3rd Battery on specified official or
6 employee.
7 784.082(3) 3rd Battery by detained person on
8 visitor or other detainee.
9 787.03(1) 3rd Interference with custody;
10 wrongly takes child from
11 appointed guardian.
12 787.04(2) 3rd Take, entice, or remove child
13 beyond state limits with criminal
14 intent pending custody
15 proceedings.
16 787.04(3) 3rd Carrying child beyond state lines
17 with criminal intent to avoid
18 producing child at custody
19 hearing or delivering to
20 designated person.
21 790.115(1) 3rd Exhibiting firearm or weapon
22 within 1,000 feet of a school.
23 790.115(2)(b) 3rd Possessing electric weapon or
24 device, destructive device, or
25 other weapon on school property.
26 790.115(2)(c) 3rd Possessing firearm on school
27 property.
28 800.04(7)(c) 3rd Lewd or lascivious exhibition;
29 offender less than 18 years.
30
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1 810.02(4)(a) 3rd Burglary, or attempted burglary,
2 of an unoccupied structure;
3 unarmed; no assault or battery.
4 810.02(4)(b) 3rd Burglary, or attempted burglary,
5 of an unoccupied conveyance;
6 unarmed; no assault or battery.
7 810.06 3rd Burglary; possession of tools.
8 810.08(2)(c) 3rd Trespass on property, armed with
9 firearm or dangerous weapon.
10 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
11 or more but less than $20,000.
12 812.014
13 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
14 firearm, motor vehicle,
15 livestock, etc.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5)
19 drugs.
20 828.125(1) 2nd Kill, maim, or cause great bodily
21 harm or permanent breeding
22 disability to any registered
23 horse or cattle.
24 837.02(1) 3rd Perjury in official proceedings.
25 837.021(1) 3rd Make contradictory statements in
26 official proceedings.
27 843.025 3rd Deprive law enforcement,
28 correctional, or correctional
29 probation officer of means of
30 protection or communication.
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1 843.15(1)(a) 3rd Failure to appear while on bail
2 for felony (bond estreature or
3 bond jumping).
4 874.05(1) 3rd Encouraging or recruiting another
5 to join a criminal street gang.
6 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
7 893.03(1)(a), (b), or (d), or
8 (2)(a) or (b) drugs).
9 914.14(2) 3rd Witnesses accepting bribes.
10 914.22(1) 3rd Force, threaten, etc., witness,
11 victim, or informant.
12 914.23(2) 3rd Retaliation against a witness,
13 victim, or informant, no bodily
14 injury.
15 918.12 3rd Tampering with jurors.
16
17 (e) LEVEL 5
18 316.027(1)(a) 3rd Accidents involving personal
19 injuries, failure to stop;
20 leaving scene.
21 316.1935(3) 3rd Aggravated fleeing or eluding.
22 322.34(3) 3rd Careless operation of motor
23 vehicle with suspended license,
24 resulting in death or serious
25 bodily injury.
26 327.30(5) 3rd Vessel accidents involving
27 personal injury; leaving scene.
28 381.0041(11)(b) 3rd Donate blood, plasma, or organs
29 knowing HIV positive.
30 790.01(2) 3rd Carrying a concealed firearm.
31
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1 790.162 2nd Threat to throw or discharge
2 destructive device.
3 790.163 2nd False report of deadly explosive.
4 790.165(2) 3rd Manufacture, sell, possess, or
5 deliver hoax bomb.
6 790.221(1) 2nd Possession of short-barreled
7 shotgun or machine gun.
8 790.23 2nd Felons in possession of firearms
9 or electronic weapons or devices.
10 800.04(6)(c) 3rd Lewd or lascivious conduct;
11 offender less than 18 years.
12 800.04(7)(b) 2nd Lewd or lascivious exhibition;
13 offender 18 years or older.
14 806.111(1) 3rd Possess, manufacture, or dispense
15 fire bomb with intent to damage
16 any structure or property.
17 812.019(1) 2nd Stolen property; dealing in or
18 trafficking in.
19 812.16(2) 3rd Owning, operating, or conducting
20 a chop shop.
21 817.034(4)(a)2. 2nd Communications fraud, value
22 $20,000 to $50,000.
23 825.1025(4) 3rd Lewd or lascivious exhibition in
24 the presence of an elderly person
25 or disabled adult.
26 827.071(4) 2nd Possess with intent to promote
27 any photographic material, motion
28 picture, etc., which includes
29 sexual conduct by a child.
30
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1 843.01 3rd Resist officer with violence to
2 person; resist arrest with
3 violence.
4 874.05(2) 2nd Encouraging or recruiting another
5 to join a criminal street gang;
6 second or subsequent offense.
7 893.13(1)(a)1. 2nd Sell, manufacture, or deliver
8 cocaine (or other s.
9 893.03(1)(a), (1)(b), (1)(d),
10 (2)(a), or (2)(b) drugs).
11 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
12 cannabis (or other s.
13 893.03(1)(c), (2)(c), (3), or (4)
14 drugs) within 1,000 feet of a
15 school.
16 893.13(1)(d)1. 1st Sell, manufacture, or deliver
17 cocaine (or other s.
18 893.03(1)(a), (1)(b), (1)(d),
19 (2)(a), or (2)(b) drugs) within
20 200 feet of university, public
21 housing facility, or public park.
22 893.13(4)(b) 2nd Deliver to minor cannabis (or
23 other s. 893.03(1)(c), (2)(c),
24 (3), or (4) drugs).
25
26 (f) LEVEL 6
27 316.027(1)(b) 2nd Accident involving death, failure
28 to stop; leaving scene.
29 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
30 conviction.
31
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1 775.0875(1) 3rd Taking firearm from law
2 enforcement officer.
3 784.021(1)(a) 3rd Aggravated assault; deadly weapon
4 without intent to kill.
5 784.021(1)(b) 3rd Aggravated assault; intent to
6 commit felony.
7 784.048(3) 3rd Aggravated stalking; credible
8 threat.
9 784.07(2)(c) 2nd Aggravated assault on law
10 enforcement officer.
11 784.08(2)(b) 2nd Aggravated assault on a person 65
12 years of age or older.
13 784.081(2) 2nd Aggravated assault on specified
14 official or employee.
15 784.082(2) 2nd Aggravated assault by detained
16 person on visitor or other
17 detainee.
18 787.02(2) 3rd False imprisonment; restraining
19 with purpose other than those in
20 s. 787.01.
21 790.115(2)(d) 2nd Discharging firearm or weapon on
22 school property.
23 790.161(2) 2nd Make, possess, or throw
24 destructive device with intent to
25 do bodily harm or damage
26 property.
27 790.164(1) 2nd False report of deadly explosive
28 or act of arson or violence to
29 state property.
30
31
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1 790.19 2nd Shooting or throwing deadly
2 missiles into dwellings, vessels,
3 or vehicles.
4 794.011(8)(a) 3rd Solicitation of minor to
5 participate in sexual activity by
6 custodial adult.
7 794.05(1) 2nd Unlawful sexual activity with
8 specified minor.
9 800.04(5)(d) 3rd Lewd or lascivious molestation;
10 victim 12 years of age or older
11 but less than 16 years; offender
12 less than 18 years.
13 800.04(6)(b) 2nd Lewd or lascivious conduct;
14 offender 18 years of age or
15 older.
16 806.031(2) 2nd Arson resulting in great bodily
17 harm to firefighter or any other
18 person.
19 810.02(3)(c) 2nd Burglary of occupied structure;
20 unarmed; no assault or battery.
21 812.014(2)(b) 2nd Property stolen $20,000 or more,
22 but less than $100,000, grand
23 theft in 2nd degree.
24 812.13(2)(c) 2nd Robbery, no firearm or other
25 weapon (strong-arm robbery).
26 817.034(4)(a)1. 1st Communications fraud, value
27 greater than $50,000.
28 817.4821(5) 2nd Possess cloning paraphernalia
29 with intent to create cloned
30 cellular telephones.
31
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1 825.102(1) 3rd Abuse of an elderly person or
2 disabled adult.
3 825.102(3)(c) 3rd Neglect of an elderly person or
4 disabled adult.
5 825.1025(3) 3rd Lewd or lascivious molestation of
6 an elderly person or disabled
7 adult.
8 825.103(2)(c) 3rd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $100 or more, but less
11 than $20,000.
12 827.03(1) 3rd Abuse of a child.
13 827.03(3)(c) 3rd Neglect of a child.
14 827.071(2)&(3) 2nd Use or induce a child in a sexual
15 performance, or promote or direct
16 such performance.
17 836.05 2nd Threats; extortion.
18 836.10 2nd Written threats to kill or do
19 bodily injury.
20 843.12 3rd Aids or assists person to escape.
21 914.23 2nd Retaliation against a witness,
22 victim, or informant, with bodily
23 injury.
24 944.35(3)(a)2. 3rd Committing malicious battery upon
25 or inflicting cruel or inhuman
26 treatment on an inmate or
27 offender on community
28 supervision, resulting in great
29 bodily harm.
30 944.40 2nd Escapes.
31
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1 944.46 3rd Harboring, concealing, aiding
2 escaped prisoners.
3 944.47(1)(a)5. 2nd Introduction of contraband
4 (firearm, weapon, or explosive)
5 into correctional facility.
6 951.22(1) 3rd Intoxicating drug, firearm, or
7 weapon introduced into county
8 facility.
9
10 (g) LEVEL 7
11 316.193(3)(c)2. 3rd DUI resulting in serious bodily
12 injury.
13 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
14 bodily injury.
15 409.920(2) 3rd Medicaid provider fraud.
16 494.0018(2) 1st Conviction of any violation of
17 ss. 494.001-494.0077 in which the
18 total money and property
19 unlawfully obtained exceeded
20 $50,000 and there were five or
21 more victims.
22 782.07(1) 2nd Killing of a human being by the
23 act, procurement, or culpable
24 negligence of another
25 (manslaughter).
26 782.071 3rd Killing of human being by the
27 operation of a motor vehicle in a
28 reckless manner (vehicular
29 homicide).
30
31
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1 782.072 3rd Killing of a human being by the
2 operation of a vessel in a
3 reckless manner (vessel
4 homicide).
5 784.045(1)(a)1. 2nd Aggravated battery; intentionally
6 causing great bodily harm or
7 disfigurement.
8 784.045(1)(a)2. 2nd Aggravated battery; using deadly
9 weapon.
10 784.045(1)(b) 2nd Aggravated battery; perpetrator
11 aware victim pregnant.
12 784.048(4) 3rd Aggravated stalking; violation of
13 injunction or court order.
14 784.07(2)(d) 1st Aggravated battery on law
15 enforcement officer.
16 784.08(2)(a) 1st Aggravated battery on a person 65
17 years of age or older.
18 784.081(1) 1st Aggravated battery on specified
19 official or employee.
20 784.082(1) 1st Aggravated battery by detained
21 person on visitor or other
22 detainee.
23 790.07(4) 1st Specified weapons violation
24 subsequent to previous conviction
25 of s. 790.07(1) or (2).
26 790.16(1) 1st Discharge of a machine gun under
27 specified circumstances.
28 796.03 2nd Procuring any person under 16
29 years for prostitution.
30
31
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1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 Handle, fondle, or assault child
5 under 16 years in lewd,
6 lascivious, or indecent manner.
7 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
8 victim 12 years of age or older
9 but less than 16 years; offender
10 18 years or older.
11 806.01(2) 2nd Maliciously damage structure by
12 fire or explosive.
13 810.02(3)(a) 2nd Burglary of occupied dwelling;
14 unarmed; no assault or battery.
15 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
16 unarmed; no assault or battery.
17 810.02(3)(d) 2nd Burglary of occupied conveyance;
18 unarmed; no assault or battery.
19 812.014(2)(a) 1st Property stolen, valued at
20 $100,000 or more; property stolen
21 while causing other property
22 damage; 1st degree grand theft.
23 812.019(2) 1st Stolen property; initiates,
24 organizes, plans, etc., the theft
25 of property and traffics in
26 stolen property.
27 812.133(2)(b) 1st Carjacking; no firearm, deadly
28 weapon, or other weapon.
29
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31
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1 825.102(3)(b) 2nd Neglecting an elderly person or
2 disabled adult causing great
3 bodily harm, disability, or
4 disfigurement.
5 825.1025(2) 2nd Lewd or lascivious battery upon
6 an elderly person or disabled
7 adult.
8 825.103(2)(b) 2nd Exploiting an elderly person or
9 disabled adult and property is
10 valued at $20,000 or more, but
11 less than $100,000.
12 827.03(3)(b) 2nd Neglect of a child causing great
13 bodily harm, disability, or
14 disfigurement.
15 827.04(4) 3rd Impregnation of a child under 16
16 years of age by person 21 years
17 of age or older.
18 872.06 2nd Abuse of a dead human body.
19 893.13(1)(c)1. 1st Sell, manufacture, or deliver
20 cocaine (or other s.
21 893.03(1)(a), (1)(b), (1)(d),
22 (2)(a), or (2)(b) drugs) within
23 1,000 feet of a school.
24 893.13(4)(a) 1st Deliver to minor cocaine (or
25 other s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), or (2)(b) drugs).
27 893.135(1)(a)1. 1st Trafficking in cannabis, more
28 than 50 lbs., less than 2,000
29 lbs.
30
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1 893.135
2 (1)(b)1.a. 1st Trafficking in cocaine, more than
3 28 grams, less than 200 grams.
4 893.135
5 (1)(c)1.a. 1st Trafficking in illegal drugs,
6 more than 4 grams, less than 14
7 grams.
8 893.135
9 (1)(d)1. 1st Trafficking in phencyclidine,
10 more than 28 grams, less than 200
11 grams.
12 893.135(1)(e)1. 1st Trafficking in methaqualone, more
13 than 200 grams, less than 5
14 kilograms.
15 893.135(1)(f)1. 1st Trafficking in amphetamine, more
16 than 14 grams, less than 28
17 grams.
18
19 (h) LEVEL 8
20 316.193
21 (3)(c)3.a. 2nd DUI manslaughter.
22 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
23 777.03(2)(a) 1st Accessory after the fact, capital
24 felony.
25 782.04(4) 2nd Killing of human without design
26 when engaged in act or attempt of
27 any felony other than arson,
28 sexual battery, robbery,
29 burglary, kidnapping, aircraft
30 piracy, or unlawfully discharging
31 bomb.
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1 782.071(2) 2nd Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 2nd Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.13(2)(b) 1st Robbery with a weapon.
26 812.135(2) 1st Home-invasion robbery.
27 825.102(2) 2nd Aggravated abuse of an elderly
28 person or disabled adult.
29 825.103(2)(a) 1st Exploiting an elderly person or
30 disabled adult and property is
31 valued at $100,000 or more.
29
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1 826.04(2) 2nd Knowingly marries or engages in
2 sexual activity with person less
3 than 18 years of age to whom
4 related.
5 827.03(2) 2nd Aggravated child abuse.
6 860.121(2)(c) 1st Shooting at or throwing any
7 object in path of railroad
8 vehicle resulting in great bodily
9 harm.
10 860.16 1st Aircraft piracy.
11 893.13(1)(b) 1st Sell or deliver in excess of 10
12 grams of any substance specified
13 in s. 893.03(1)(a) or (b).
14 893.13(2)(b) 1st Purchase in excess of 10 grams of
15 any substance specified in s.
16 893.03(1)(a) or (b).
17 893.13(6)(c) 1st Possess in excess of 10 grams of
18 any substance specified in s.
19 893.03(1)(a) or (b).
20 893.135(1)(a)2. 1st Trafficking in cannabis, more
21 than 2,000 lbs., less than 10,000
22 lbs.
23 893.135
24 (1)(b)1.b. 1st Trafficking in cocaine, more than
25 200 grams, less than 400 grams.
26 893.135
27 (1)(c)1.b. 1st Trafficking in illegal drugs,
28 more than 14 grams, less than 28
29 grams.
30
31
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1 893.135(1)(d)1.b. 1st Trafficking in phencyclidine,
2 more than 200 grams, less than
3 400 grams.
4 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more
5 than 5 kilograms, less than 25
6 kilograms.
7 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more
8 than 28 grams, less than 200
9 grams.
10 895.03(1) 1st Use or invest proceeds derived
11 from pattern of racketeering
12 activity.
13 895.03(2) 1st Acquire or maintain through
14 racketeering activity any
15 interest in or control of any
16 enterprise or real property.
17 895.03(3) 1st Conduct or participate in any
18 enterprise through pattern of
19 racketeering activity.
20
21 (i) LEVEL 9
22 316.193
23 (3)(c)3.b. 1st DUI manslaughter; failing to
24 render aid or give information.
25 782.04(1) 1st Attempt, conspire, or solicit to
26 commit premeditated murder.
27 782.04(3) 1st,PBL Accomplice to murder in
28 connection with arson, sexual
29 battery, robbery, burglary, and
30 other specified felonies.
31
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1 782.07(2) 1st Aggravated manslaughter of an
2 elderly person or disabled adult.
3 782.07(3) 1st Aggravated manslaughter of a
4 child.
5 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
6 reward or as a shield or hostage.
7 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
8 or facilitate commission of any
9 felony.
10 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
11 interfere with performance of any
12 governmental or political
13 function.
14 787.02(3)(a) 1st False imprisonment; child under
15 age 13; perpetrator also commits
16 child abuse, sexual battery, or
17 lewd, or lascivious battery,
18 molestation, conduct, or
19 exhibition act, etc.
20 790.161 1st Attempted capital destructive
21 device offense.
22 794.011(2) 1st Attempted sexual battery; victim
23 less than 12 years of age.
24 794.011(2) Life Sexual battery; offender younger
25 than 18 years and commits sexual
26 battery on a person less than 12
27 years.
28 794.011(4) 1st Sexual battery; victim 12 years
29 or older, certain circumstances.
30
31
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1 794.011(8)(b) 1st Sexual battery; engage in sexual
2 conduct with minor 12 to 18 years
3 by person in familial or
4 custodial authority.
5 800.04(5)(b) 1st Lewd or lascivious molestation;
6 victim less than 12 years;
7 offender 18 years or older.
8 812.13(2)(a) 1st,PBL Robbery with firearm or other
9 deadly weapon.
10 812.133(2)(a) 1st,PBL Carjacking; firearm or other
11 deadly weapon.
12 847.0145(1) 1st Selling, or otherwise
13 transferring custody or control,
14 of a minor.
15 847.0145(2) 1st Purchasing, or otherwise
16 obtaining custody or control, of
17 a minor.
18 859.01 1st Poisoning food, drink, medicine,
19 or water with intent to kill or
20 injure another person.
21 893.135 1st Attempted capital trafficking
22 offense.
23 893.135(1)(a)3. 1st Trafficking in cannabis, more
24 than 10,000 lbs.
25 893.135
26 (1)(b)1.c. 1st Trafficking in cocaine, more than
27 400 grams, less than 150
28 kilograms.
29
30
31
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1 893.135
2 (1)(c)1.c. 1st Trafficking in illegal drugs,
3 more than 28 grams, less than 30
4 kilograms.
5 893.135(1)(d)1.c. 1st Trafficking in phencyclidine,
6 more than 400 grams.
7 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more
8 than 25 kilograms.
9 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more
10 than 200 grams.
11
12 (j) LEVEL 10
13 782.04(2) 1st,PBL Unlawful killing of human; act is
14 homicide, unpremeditated.
15 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
16 upon or terrorize victim.
17 787.01(3)(a) Life Kidnapping; child under age 13,
18 perpetrator also commits child
19 abuse, sexual battery, or lewd,
20 or lascivious battery,
21 molestation, conduct, or
22 exhibition act, etc.
23 794.011(3) Life Sexual battery; victim 12 years
24 or older, offender uses or
25 threatens to use deadly weapon or
26 physical force to cause serious
27 injury.
28 876.32 1st Treason against the state.
29
30 Section 10. Paragraph (a) of subsection (4) and
31 paragraph (a) of subsection (5) of section 948.03, Florida
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1 Statutes, are amended, and subsection (6) of said section is
2 reenacted, to read:
3 948.03 Terms and conditions of probation or community
4 control.--
5 (4) The court shall require a diagnosis and evaluation
6 to determine the need of a probationer or offender in
7 community control for treatment. If the court determines that
8 a need therefor is established by such diagnosis and
9 evaluation process, the court shall require outpatient
10 counseling as a term or condition of probation or community
11 control for any person who was found guilty of any of the
12 following, or whose plea of guilty or nolo contendere to any
13 of the following was accepted by the court:
14 (a) Lewd or lascivious battery, lewd or lascivious
15 molestation, lewd or lascivious conduct, or lewd or lascivious
16 exhibition, as defined in s. 800.04 A lewd, lascivious, or
17 indecent assault or act upon, or in the presence of, a child.
18 (b) Sexual battery, as defined in chapter 794, against
19 a child.
20 (c) Exploitation of a child as provided in s. 450.151,
21 or for prostitution.
22
23 Such counseling shall be required to be obtained from a
24 community mental health center, a recognized social service
25 agency providing mental health services, or a private mental
26 health professional or through other professional counseling.
27 The plan for counseling for the individual shall be provided
28 to the court for review.
29 (5)(a) Effective for probationers or community
30 controllees whose crime was committed on or after October 1,
31 1995, and who are placed under supervision for violation of
35
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1 chapter 794, or s. 800.04, s. 827.071, or s. 847.0145, the
2 court must impose the following conditions in addition to all
3 other standard and special conditions imposed:
4 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
5 may designate another 8-hour period if the offender's
6 employment precludes the above specified time, and such
7 alternative is recommended by the Department of Corrections.
8 If the court determines that imposing a curfew would endanger
9 the victim, the court may consider alternative sanctions.
10 2. If the victim was under the age of 18, a
11 prohibition on living within 1,000 feet of a school, day care
12 center, park, playground, or other place where children
13 regularly congregate, as prescribed by the court.
14 3. Active participation in and successful completion
15 of a sex offender treatment program with therapists
16 specifically trained to treat sex offenders, at the
17 probationer's or community controllee's own expense. If a
18 specially trained therapist is not available within a 50-mile
19 radius of the probationer's or community controllee's
20 residence, the offender shall participate in other appropriate
21 therapy.
22 4. A prohibition on any contact with the victim,
23 directly or indirectly, including through a third person,
24 unless approved by the victim, the offender's therapist, and
25 the sentencing court.
26 5. If the victim was under the age of 18, a
27 prohibition, until successful completion of a sex offender
28 treatment program, on unsupervised contact with a child under
29 the age of 18, unless authorized by the sentencing court
30 without another adult present who is responsible for the
31
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1 child's welfare, has been advised of the crime, and is
2 approved by the sentencing court.
3 6. If the victim was under age 18, a prohibition on
4 working for pay or as a volunteer at any school, day care
5 center, park, playground, or other place where children
6 regularly congregate.
7 7. Unless otherwise indicated in the treatment plan
8 provided by the sexual offender treatment program, a
9 prohibition on viewing, owning, or possessing any obscene,
10 pornographic, or sexually stimulating visual or auditory
11 material, including telephone, electronic media, computer
12 programs, or computer services that are relevant to the
13 offender's deviant behavior pattern.
14 8. A requirement that the probationer or community
15 controllee must submit two specimens of blood to the Florida
16 Department of Law Enforcement to be registered with the DNA
17 data bank.
18 9. A requirement that the probationer or community
19 controllee make restitution to the victim, as ordered by the
20 court under s. 775.089, for all necessary medical and related
21 professional services relating to physical, psychiatric, and
22 psychological care.
23 10. Submission to a warrantless search by the
24 community control or probation officer of the probationer's or
25 community controllee's person, residence, or vehicle.
26 (b) Effective for a probationer or community
27 controllee whose crime was committed on or after October 1,
28 1997, and who is placed on sex offender probation for a
29 violation of chapter 794, s. 800.04, s. 827.071, or s.
30 847.0145, in addition to any other provision of this
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1 subsection, the court must impose the following conditions of
2 probation or community control:
3 1. As part of a treatment program, participation at
4 least annually in polygraph examinations to obtain information
5 necessary for risk management and treatment and to reduce the
6 sex offender's denial mechanisms. A polygraph examination must
7 be conducted by a polygrapher trained specifically in the use
8 of the polygraph for the monitoring of sex offenders, where
9 available, and shall be paid by the sex offender. The results
10 of the polygraph examination shall not be used as evidence in
11 court to prove that a violation of community supervision has
12 occurred.
13 2. Maintenance of a driving log and a prohibition
14 against driving a motor vehicle alone without the prior
15 approval of the supervising officer.
16 3. A prohibition against obtaining or using a post
17 office box without the prior approval of the supervising
18 officer.
19 4. If there was sexual contact, a submission to, at
20 the probationer's or community controllee's expense, an HIV
21 test with the results to be released to the victim and/or the
22 victim's parent or guardian.
23 5. Electronic monitoring when deemed necessary by the
24 community control or probation officer and his or her
25 supervisor, and ordered by the court at the recommendation of
26 the Department of Corrections.
27 (6) The enumeration of specific kinds of terms and
28 conditions shall not prevent the court from adding thereto
29 such other or others as it considers proper. However, the
30 sentencing court may only impose a condition of supervision
31 allowing an offender convicted of s. 794.011, s. 800.04, s.
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1 827.071, or s. 847.0145, to reside in another state, if the
2 order stipulates that it is contingent upon the approval of
3 the receiving state interstate compact authority. The court
4 may rescind or modify at any time the terms and conditions
5 theretofore imposed by it upon the probationer or offender in
6 community control. However, if the court withholds
7 adjudication of guilt or imposes a period of incarceration as
8 a condition of probation or community control, the period
9 shall not exceed 364 days, and incarceration shall be
10 restricted to either a county facility, a probation and
11 restitution center under the jurisdiction of the Department of
12 Corrections, a probation program drug punishment phase I
13 secure residential treatment institution, or a community
14 residential facility owned or operated by any entity providing
15 such services.
16 Section 11. This act shall take effect October 1 of
17 the year in which enacted.
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