Senate Bill 0416
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
By Senator Campbell
33-247-98 See CS for HB 1259
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, 787.02, F.S.,
7 relating to kidnapping and false imprisonment,
8 to conform to the act; amending s. 800.03,
9 F.S.; redefining the offense of unlawful
10 exposure or exhibition of sexual organs to
11 prohibit appearing naked under specified
12 circumstances; providing penalties; providing
13 an exception for maternal breastfeeding;
14 amending s. 800.04, F.S.; creating the offenses
15 of "lewd or lascivious battery," "lewd or
16 lascivious molestation," "lewd or lascivious
17 conduct," and "lewd or lascivious exhibition";
18 providing definitions; providing penalties;
19 precluding consent from being raised as a
20 defense except in certain circumstances;
21 precluding ignorance or belief concerning age
22 from being raised as a defense; providing an
23 exception for maternal breastfeeding; deleting
24 provisions that define and provide penalties
25 for "lewd, lascivious, or indecent assault or
26 act upon or in the presence of a child";
27 amending s. 826.04, F.S., relating to incest;
28 removing definition of "sexual intercourse" and
29 defining "sexual activity"; redefining the
30 offense of third-degree felony incest to
31 include knowingly marrying or engaging in
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 sexual activity with specified adult relatives;
2 providing penalties; defining the offense of
3 second-degree felony incest against a person
4 under 16 years of age; providing penalties;
5 reenacting ss. 775.15(7), 787.025(2)(a),
6 914.16, 944.606(1)(b), F.S., relating to time
7 limitations, luring or enticing a child, limits
8 on interviews, and sex offender notification
9 upon release, to incorporate the amendments to
10 ss. 800.04, 826.04, F.S., in cross-references;
11 amending s. 921.0022, F.S.; ranking offenses
12 created in the act in the Criminal Punishment
13 Code offense severity ranking chart; amending
14 s. 948.03, F.S., and reenacting s. 948.03(6),
15 F.S., relating to terms and conditions of
16 probation or community control, to conform to
17 the act; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. This act shall be known and may be cited as
22 the "Children's Protection Act of 1998."
23 Section 2. Paragraph (c) of subsection (1) of section
24 775.084, Florida Statutes, is amended to read:
25 775.084 Violent career criminals; habitual felony
26 offenders and habitual violent felony offenders; definitions;
27 procedure; enhanced penalties.--
28 (1) As used in this act:
29 (c) "Violent career criminal" means a defendant for
30 whom the court must impose imprisonment pursuant to paragraph
31 (4)(c), if it finds that:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 1. The defendant has previously been convicted as an
2 adult three or more times for an offense in this state or
3 other qualified offense that is:
4 a. Any forcible felony, as described in s. 776.08;
5 b. Aggravated stalking, as described in s. 784.048(3)
6 and (4);
7 c. Aggravated child abuse, as described in s.
8 827.03(2);
9 d. Aggravated abuse of an elderly person or disabled
10 adult, as described in s. 825.102(2);
11 e. Lewd or lascivious battery, lewd or lascivious
12 molestation, lewd or lascivious conduct, or lewd or lascivious
13 exhibition, lascivious, or indecent conduct, as described in
14 s. 800.04;
15 f. Escape, as described in s. 944.40; or
16 g. A felony violation of chapter 790 involving the use
17 or possession of a firearm.
18 2. The defendant has been incarcerated in a state
19 prison or a federal prison.
20 3. The primary felony offense for which the defendant
21 is to be sentenced is a felony enumerated in subparagraph 1.
22 and was committed on or after October 1, 1995, and:
23 a. While the defendant was serving a prison sentence
24 or other commitment imposed as a result of a prior conviction
25 for an enumerated felony; or
26 b. Within 5 years after the conviction of the last
27 prior enumerated felony, or within 5 years after the
28 defendant's release from a prison sentence or other commitment
29 imposed as a result of a prior conviction for an enumerated
30 felony, whichever is later.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 4. The defendant has not received a pardon for any
2 felony or other qualified offense that is necessary for the
3 operation of this paragraph.
4 5. A conviction of a felony or other qualified offense
5 necessary to the operation of this paragraph has not been set
6 aside in any postconviction proceeding.
7 (6) The purpose of this section is to provide uniform
8 punishment for those crimes made punishable under this
9 section, and to this end, a reference to this section
10 constitutes a general reference under the doctrine of
11 incorporation by reference.
12 Section 3. Paragraph (a) of subsection (3) of section
13 787.01, Florida Statutes, is amended to read:
14 787.01 Kidnapping; kidnapping of child under age 13,
15 aggravating circumstances.--
16 (3)(a) A person who commits the offense of kidnapping
17 upon a child under the age of 13 and who, in the course of
18 committing the offense, commits one or more of the following:
19 1. Aggravated child abuse, as defined in s. 827.03;
20 2. Sexual battery, as defined in chapter 794, against
21 the child;
22 3. Lewd or lascivious battery, lewd or lascivious
23 molestation, lewd or lascivious conduct, or lewd or lascivious
24 exhibition A lewd, lascivious, or indecent assault or act upon
25 or in the presence of the child, in violation of s. 800.04;
26 4. A violation of s. 796.03 or s. 796.04, relating to
27 prostitution, upon the child; or
28 5. Exploitation of the child or allowing the child to
29 be exploited, in violation of s. 450.151,
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 commits a life felony, punishable as provided in s. 775.082,
2 s. 775.083, or s. 775.084.
3 Section 4. Paragraph (a) of subsection (3) of section
4 787.02, Florida Statutes, is amended to read:
5 787.02 False imprisonment; false imprisonment of child
6 under age 13, aggravating circumstances.--
7 (3)(a) A person who commits the offense of false
8 imprisonment upon a child under the age of 13 and who, in the
9 course of committing the offense, commits any offense
10 enumerated in subparagraphs 1.-5., commits a felony of the
11 first degree, punishable by imprisonment for a term of years
12 not exceeding life or as provided in s. 775.082, s. 775.083,
13 or s. 775.084.
14 1. Aggravated child abuse, as defined in s. 827.03;
15 2. Sexual battery, as defined in chapter 794, against
16 the child;
17 3. Lewd or lascivious battery, lewd or lascivious
18 molestation, lewd or lascivious conduct, or lewd or lascivious
19 exhibition A lewd, lascivious, or indecent assault or act upon
20 or in the presence of the child, in violation of s. 800.04;
21 4. A violation of s. 796.03 or s. 796.04, relating to
22 prostitution, upon the child; or
23 5. Exploitation of the child or allowing the child to
24 be exploited, in violation of s. 450.151.
25 Section 5. Section 800.03, Florida Statutes, is
26 amended to read:
27 800.03 Exposure of sexual organs.--
28 (1) It is unlawful for any person, in a lewd or
29 lascivious manner, to expose or exhibit his or her one's
30 sexual organs in public or on the private premises of another,
31 or so near thereto as to be seen from such private premises,
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 in a vulgar or indecent manner, or appear to be naked in
2 public except in any place provided or set apart for that
3 purpose.
4 (2) A person who commits a violation of this section
5 commits is a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083.
7 (3) A mother's breastfeeding of her baby does not
8 under any circumstance violate this section.
9 Section 6. Section 800.04, Florida Statutes, is
10 amended to read:
11 800.04 Lewd or lascivious offenses committed upon or
12 in the presence of persons less than 16 years of age Lewd,
13 lascivious, or indecent assault or act upon or in presence of
14 child.--
15 (1) DEFINITIONS.--As used in this section:
16 (a) "Sexual activity" means the oral, anal, or vaginal
17 penetration by, or union with, the sexual organ of another or
18 the anal or vaginal penetration of another by any other
19 object; however, sexual activity does not include an act done
20 for a bona fide medical purpose.
21 (b) "Consent" means intelligent, knowing, and
22 voluntary consent, and does not include submission by
23 coercion.
24 (c) "Coercion" means the use of exploitation, bribes,
25 threats of force, or intimidation to gain cooperation or
26 compliance.
27 (d) "Victim" means a person upon whom an offense
28 described in this section was committed or attempted; or a
29 person who has reported a violation of this section to a law
30 enforcement officer.
31 (2) CONSENT OF VICTIM.--
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (a) If the victim is under 12 years of age, the
2 consent of the victim cannot be raised as a defense to a
3 prosecution for any offense under this section.
4 (b) If the victim is 12 years of age or older but less
5 than 16 years of age, the consent of the victim cannot be
6 raised as a defense to a prosecution for any offense under
7 this section if the difference between the age of the offender
8 and the age of the victim exceeds 2 years.
9 (3) IGNORANCE OR BELIEF CONCERNING VICTIM'S AGE.--The
10 perpetrator's ignorance of the victim's age, the victim's
11 misrepresentation of his or her age, or the perpetrator's bona
12 fide belief concerning the victim's age may not be raised as a
13 defense in a prosecution under this section.
14 (4) LEWD OR LASCIVIOUS BATTERY.--A person who:
15 (a) Engages in sexual activity with a person 12 years
16 of age or older but less than 16 years of age; or
17 (b) Encourages, forces, or entices any person less
18 than 16 years of age to engage in sadomasochistic abuse,
19 sexual bestiality, prostitution, or any other act involving
20 sexual activity
21
22 commits lewd or lascivious battery, a felony of the second
23 degree, punishable as provided in s. 775.082, s. 775.083, or
24 s. 775.084.
25 (5) LEWD OR LASCIVIOUS MOLESTATION.--
26 (a) A person who intentionally touches in a lewd or
27 lascivious manner the breasts, genitals, genital area, or
28 buttocks, or the clothing covering them, of a person less than
29 16 years of age, or forces or entices a person under 16 years
30 of age to so touch the perpetrator, commits lewd or lascivious
31 molestation.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (b) An offender 18 years of age or older who commits
2 lewd or lascivious molestation against a victim less than 12
3 years of age commits a felony of the first degree, punishable
4 as provided in s. 775.082, s. 775.083, or s. 775.084.
5 (c)1. An offender less than 18 years of age who
6 commits lewd or lascivious molestation against a victim less
7 than 12 years of age; or
8 2. An offender 18 years of age or older who commits
9 lewd or lascivious molestation against a victim 12 years of
10 age or older but less than 16 years of age
11
12 commits a felony of the second degree, punishable as provided
13 in s. 775.082, s. 775.083, or s. 775.084.
14 (d) An offender less than 18 years of age who commits
15 lewd or lascivious molestation against a victim 12 years of
16 age or older but less than 16 years of age commits a felony of
17 the third degree, punishable as provided in s. 775.082, s.
18 775.083, or s. 775.084.
19 (6) LEWD OR LASCIVIOUS CONDUCT.--
20 (a) A person who:
21 1. Intentionally touches a person under 16 years of
22 age in a lewd or lascivious manner; or
23 2. Solicits a person under 16 years of age to commit a
24 lewd or lascivious act
25
26 commits lewd or lascivious conduct.
27 (b) An offender 18 years of age or older who commits
28 lewd or lascivious conduct commits a felony of the second
29 degree, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (c) An offender less than 18 years of age who commits
2 lewd or lascivious conduct commits a felony of the third
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084.
5 (7) LEWD OR LASCIVIOUS EXHIBITION.--
6 (a) A person who:
7 1. Intentionally masturbates;
8 2. Intentionally exposes the genitals in a lewd or
9 lascivious manner; or
10 3. Intentionally commits any other sexual act that
11 does not involve actual physical or sexual contact with the
12 victim, including, but not limited to, sadomasochistic abuse,
13 sexual bestiality, or the simulation of any act involving
14 sexual activity
15
16 in the presence of a victim who is less than 16 years of age,
17 commits lewd or lascivious exhibition.
18 (b) An offender 18 years of age or older who commits a
19 lewd or lascivious exhibition commits a felony of the second
20 degree, punishable as provided in s. 775.082, s. 775.083, or
21 s. 775.084.
22 (c) An offender less than 18 years of age who commits
23 a lewd or lascivious exhibition commits a felony of the third
24 degree, punishable as provided in s. 775.082, s. 775.083, or
25 s. 775.084.
26 (8) EXCEPTION.--A mother's breastfeeding of her baby
27 does not under any circumstance constitute a violation of this
28 section. A person who:
29 (1) Handles, fondles, or assaults any child under the
30 age of 16 years in a lewd, lascivious, or indecent manner;
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (2) Commits actual or simulated sexual intercourse,
2 deviate sexual intercourse, sexual bestiality, masturbation,
3 sadomasochistic abuse, actual lewd exhibition of the genitals,
4 or any act or conduct which simulates that sexual battery is
5 being or will be committed upon any child under the age of 16
6 years or forces or entices the child to commit any such act;
7 (3) Commits an act defined as sexual battery under s.
8 794.011(1)(h) upon any child under the age of 16 years; or
9 (4) Knowingly commits any lewd or lascivious act in
10 the presence of any child under the age of 16 years,
11
12 without committing the crime of sexual battery, commits a
13 felony of the second degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084. Neither the victim's lack
15 of chastity nor the victim's consent is a defense to the crime
16 proscribed by this section. A mother's breastfeeding of her
17 baby does not under any circumstance violate this section.
18 Section 7. Section 826.04, Florida Statutes, is
19 amended to read:
20 826.04 Incest.--
21 (1) A person who Whoever knowingly marries or engages
22 in sexual activity has sexual intercourse with a person 18
23 years of age or older to whom he or she is related by lineal
24 consanguinity, or a brother, sister, uncle, aunt, nephew, or
25 niece, commits incest, which constitutes a felony of the third
26 degree, punishable as provided in s. 775.082, s. 775.083, or
27 s. 775.084. "Sexual intercourse" is the penetration of the
28 female sex organ by the male sex organ, however slight;
29 emission of semen is not required.
30 (2) A person who knowingly marries or engages in
31 sexual activity with a person less than 18 years of age to
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 whom he or she is related by lineal consanguinity, or a
2 brother, sister, uncle, aunt, nephew, or niece, commits
3 incest, a felony of the second degree, punishable as provided
4 in s. 775.082, s. 775.083, or s. 775.084.
5 (3) For purposes of this section, "sexual activity"
6 means the oral, anal, or vaginal penetration by or union with
7 the sexual organ of another; however, sexual activity does not
8 include an act done for a bona fide medical purpose.
9 Section 8. For the purpose of incorporating the
10 amendments to sections 800.04 and 826.04, Florida Statutes, in
11 references thereto, subsection (7) of section 775.15, Florida
12 Statutes, is reenacted to read:
13 775.15 Time limitations.--
14 (7) If the victim of a violation of s. 794.011, former
15 s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is
16 under the age of 16, the applicable period of limitation, if
17 any, does not begin to run until the victim has reached the
18 age of 16 or the violation is reported to a law enforcement
19 agency or other governmental agency, whichever occurs earlier.
20 Such law enforcement agency or other governmental agency shall
21 promptly report such allegation to the state attorney for the
22 judicial circuit in which the alleged violation occurred. If
23 the offense is a first or second degree felony violation of s.
24 794.011, and the crime is reported within 72 hours after its
25 commission, paragraph (1)(b) applies. This subsection applies
26 to any such offense except an offense the prosecution of which
27 would have been barred by subsection (2) on or before December
28 31, 1984.
29 Section 9. For the purpose of incorporating the
30 amendments to section 800.04, Florida Statutes, in references
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 thereto, paragraph (a) of subsection (2) of section 787.025,
2 Florida Statutes, is reenacted to read:
3 787.025 Luring or enticing a child.--
4 (2)(a) A person over the age of 18 who, having been
5 previously convicted of a violation of chapter 794 or s.
6 800.04, or a violation of a similar law of another
7 jurisdiction, intentionally lures or entices, or attempts to
8 lure or entice, a child under the age of 12 into a structure,
9 dwelling, or conveyance for other than a lawful purpose
10 commits a felony of the third degree, punishable as provided
11 in s. 775.082, s. 775.083, or s. 775.084.
12 Section 10. For the purpose of incorporating the
13 amendments to section 800.04, Florida Statutes, in references
14 thereto, section 914.16, Florida Statutes, is reenacted to
15 read:
16 914.16 Child abuse and sexual abuse of victims under
17 age 16 or persons with mental retardation; limits on
18 interviews.--The chief judge of each judicial circuit, after
19 consultation with the state attorney and the public defender
20 for the judicial circuit, the appropriate chief law
21 enforcement officer, and any other person deemed appropriate
22 by the chief judge, shall provide by order reasonable limits
23 on the number of interviews that a victim of a violation of s.
24 794.011, s. 800.04, or s. 827.03 who is under 16 years of age
25 or a victim of a violation of s. 794.011, s. 800.02, s.
26 800.03, or s. 825.102 who is a person with mental retardation
27 as defined in s. 393.063(41) must submit to for law
28 enforcement or discovery purposes. The order shall, to the
29 extent possible, protect the victim from the psychological
30 damage of repeated interrogations while preserving the rights
31
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 of the public, the victim, and the person charged with the
2 violation.
3 Section 11. For the purpose of incorporating the
4 amendments to section 800.04, Florida Statutes, in references
5 thereto, paragraph (b) of subsection (1) of section 944.606,
6 Florida Statutes, is reenacted to read:
7 944.606 Sexual offenders; notification upon release.--
8 (1) As used in this section:
9 (b) "Sexual offender" means a person who has been
10 convicted of a felony violation of chapter 794, s. 800.04, s.
11 827.071, or s. 847.0145, or a violation of a similar law of
12 another jurisdiction, when the department has received
13 verified information regarding such conviction; an offender's
14 computerized criminal history record is not, in and of itself,
15 verified information.
16 Section 12. Paragraphs (b), (d), (e), (f), (g), (h),
17 (i), and (j) of subsection (3) of section 921.0022, Florida
18 Statutes, are amended to read:
19 921.0022 Criminal Punishment Code; offense severity
20 ranking chart.--
21 (3) OFFENSE SEVERITY RANKING CHART
22
23 Florida Felony
24 Statute Degree Description
25
26 (b) LEVEL 2
27 403.413(5)(c) 3rd Dumps waste litter exceeding 500
28 lbs. in weight or 100 cubic feet
29 in volume or any quantity for
30 commercial purposes, or hazardous
31 waste.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 517.07 3rd Registration of securities and
2 furnishing of prospectus
3 required.
4 590.28(1) 3rd Willful, malicious, or
5 intentional burning.
6 784.05(3) 3rd Storing or leaving a loaded
7 firearm within reach of minor who
8 uses it to inflict injury or
9 death.
10 787.04(1) 3rd In violation of court order,
11 take, entice, etc., minor beyond
12 state limits.
13 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000
14 or more to public communication
15 or any other public service.
16 810.09(2)(e) 3rd Trespassing on posted commerical
17 horticulture property.
18 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or
19 more but less than $5,000.
20 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or
21 more but less than $300, taken
22 from unenclosed curtilage of
23 dwelling.
24 817.234(1)(a)2. 3rd False statement in support of
25 insurance claim.
26 817.481(3)(a) 3rd Obtain credit or purchase with
27 false, expired, counterfeit,
28 etc., credit card, value over
29 $300.
30 817.52(3) 3rd Failure to redeliver hired
31 vehicle.
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 817.54 3rd With intent to defraud, obtain
2 mortgage note, etc., by false
3 representation.
4 817.60(5) 3rd Dealing in credit cards of
5 another.
6 817.60(6)(a) 3rd Forgery; purchase goods, services
7 with false card.
8 817.61 3rd Fraudulent use of credit cards
9 over $100 or more within 6
10 months.
11 826.04(1) 3rd Knowingly marries or engages in
12 sexual activity has sexual
13 intercourse with person 18 years
14 of age or older to whom related.
15 831.01 3rd Forgery.
16 831.02 3rd Uttering forged instrument;
17 utters or publishes alteration
18 with intent to defraud.
19 831.07 3rd Forging bank bills or promissory
20 note.
21 831.08 3rd Possession of 10 or more forged
22 notes.
23 831.09 3rd Uttering forged bills; passes as
24 bank bill or promissory note.
25 832.05(3)(a) 3rd Cashing or depositing item with
26 intent to defraud.
27 843.08 3rd Falsely impersonating an officer.
28 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c),
29 (2)(c), (3), or (4) drugs other
30 than cannabis.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 893.147(2) 3rd Manufacture or delivery of drug
2 paraphernalia.
3
4 (d) LEVEL 4
5 316.1935(2) 3rd Fleeing or attempting to elude
6 law enforcement officer resulting
7 in high-speed pursuit.
8 784.07(2)(b) 3rd Battery of law enforcement
9 officer, firefighter, intake
10 officer, etc.
11 784.075 3rd Battery on detention or
12 commitment facility staff.
13 784.08(2)(c) 3rd Battery on a person 65 years of
14 age or older.
15 784.081(3) 3rd Battery on specified official or
16 employee.
17 784.082(3) 3rd Battery by detained person on
18 visitor or other detainee.
19 787.03(1) 3rd Interference with custody;
20 wrongly takes child from
21 appointed guardian.
22 787.04(2) 3rd Take, entice, or remove child
23 beyond state limits with criminal
24 intent pending custody
25 proceedings.
26 787.04(3) 3rd Carrying child beyond state lines
27 with criminal intent to avoid
28 producing child at custody
29 hearing or delivering to
30 designated person.
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 790.115(1) 3rd Exhibiting firearm or weapon
2 within 1,000 feet of a school.
3 790.115(2)(b) 3rd Possessing electric weapon or
4 device, destructive device, or
5 other weapon on school property.
6 790.115(2)(c) 3rd Possessing firearm on school
7 property.
8 800.04(7)(c) 3rd Lewd or lascivious exhibition;
9 offender less than 18 years.
10 810.02(4)(a) 3rd Burglary, or attempted burglary,
11 of an unoccupied structure;
12 unarmed; no assault or battery.
13 810.02(4)(b) 3rd Burglary, or attempted burglary,
14 of an unoccupied conveyance;
15 unarmed; no assault or battery.
16 810.06 3rd Burglary; possession of tools.
17 810.08(2)(c) 3rd Trespass on property, armed with
18 firearm or dangerous weapon.
19 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
20 or more but less than $20,000.
21 812.014
22 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
23 firearm, motor vehicle,
24 livestock, etc.
25 817.563(1) 3rd Sell or deliver substance other
26 than controlled substance agreed
27 upon, excluding s. 893.03(5)
28 drugs.
29
30
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 828.125(1) 2nd Kill, maim, or cause great bodily
2 harm or permanent breeding
3 disability to any registered
4 horse or cattle.
5 837.02(1) 3rd Perjury in official proceedings.
6 837.021(1) 3rd Make contradictory statements in
7 official proceedings.
8 843.025 3rd Deprive law enforcement,
9 correctional, or correctional
10 probation officer of means of
11 protection or communication.
12 843.15(1)(a) 3rd Failure to appear while on bail
13 for felony (bond estreature or
14 bond jumping).
15 874.05(1) 3rd Encouraging or recruiting another
16 to join a criminal street gang.
17 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
18 893.03(1)(a), (b), or (d), or
19 (2)(a) or (b) drugs).
20 914.14(2) 3rd Witnesses accepting bribes.
21 914.22(1) 3rd Force, threaten, etc., witness,
22 victim, or informant.
23 914.23(2) 3rd Retaliation against a witness,
24 victim, or informant, no bodily
25 injury.
26 918.12 3rd Tampering with jurors.
27
28 (e) LEVEL 5
29 316.027(1)(a) 3rd Accidents involving personal
30 injuries, failure to stop;
31 leaving scene.
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 316.1935(3) 3rd Aggravated fleeing or eluding.
2 322.34(3) 3rd Careless operation of motor
3 vehicle with suspended license,
4 resulting in death or serious
5 bodily injury.
6 327.30(5) 3rd Vessel accidents involving
7 personal injury; leaving scene.
8 381.0041(11)(b) 3rd Donate blood, plasma, or organs
9 knowing HIV positive.
10 790.01(2) 3rd Carrying a concealed firearm.
11 790.162 2nd Threat to throw or discharge
12 destructive device.
13 790.163 2nd False report of deadly explosive.
14 790.165(2) 3rd Manufacture, sell, possess, or
15 deliver hoax bomb.
16 790.221(1) 2nd Possession of short-barreled
17 shotgun or machine gun.
18 790.23 2nd Felons in possession of firearms
19 or electronic weapons or devices.
20 800.04(6)(c) 3rd Lewd or lascivious conduct;
21 offender less than 18 years.
22 800.04(7)(b) 2nd Lewd or lascivious exhibition;
23 offender 18 years or older.
24 806.111(1) 3rd Possess, manufacture, or dispense
25 fire bomb with intent to damage
26 any structure or property.
27 812.019(1) 2nd Stolen property; dealing in or
28 trafficking in.
29 812.16(2) 3rd Owning, operating, or conducting
30 a chop shop.
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 817.034(4)(a)2. 2nd Communications fraud, value
2 $20,000 to $50,000.
3 825.1025(4) 3rd Lewd or lascivious exhibition in
4 the presence of an elderly person
5 or disabled adult.
6 827.071(4) 2nd Possess with intent to promote
7 any photographic material, motion
8 picture, etc., which includes
9 sexual conduct by a child.
10 843.01 3rd Resist officer with violence to
11 person; resist arrest with
12 violence.
13 874.05(2) 2nd Encouraging or recruiting another
14 to join a criminal street gang;
15 second or subsequent offense.
16 893.13(1)(a)1. 2nd 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).
20 893.13(1)(c)2. 2nd Sell, manufacture, or deliver
21 cannabis (or other s.
22 893.03(1)(c), (2)(c), (3), or (4)
23 drugs) within 1,000 feet of a
24 school.
25 893.13(1)(d)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), or (2)(b) drugs) within
29 200 feet of university, public
30 housing facility, or public park.
31
20
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 893.13(4)(b) 2nd Deliver to minor cannabis (or
2 other s. 893.03(1)(c), (2)(c),
3 (3), or (4) drugs).
4
5 (f) LEVEL 6
6 316.027(1)(b) 2nd Accident involving death, failure
7 to stop; leaving scene.
8 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
9 conviction.
10 775.0875(1) 3rd Taking firearm from law
11 enforcement officer.
12 784.021(1)(a) 3rd Aggravated assault; deadly weapon
13 without intent to kill.
14 784.021(1)(b) 3rd Aggravated assault; intent to
15 commit felony.
16 784.048(3) 3rd Aggravated stalking; credible
17 threat.
18 784.07(2)(c) 2nd Aggravated assault on law
19 enforcement officer.
20 784.08(2)(b) 2nd Aggravated assault on a person 65
21 years of age or older.
22 784.081(2) 2nd Aggravated assault on specified
23 official or employee.
24 784.082(2) 2nd Aggravated assault by detained
25 person on visitor or other
26 detainee.
27 787.02(2) 3rd False imprisonment; restraining
28 with purpose other than those in
29 s. 787.01.
30 790.115(2)(d) 2nd Discharging firearm or weapon on
31 school property.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 790.161(2) 2nd Make, possess, or throw
2 destructive device with intent to
3 do bodily harm or damage
4 property.
5 790.164(1) 2nd False report of deadly explosive
6 or act of arson or violence to
7 state property.
8 790.19 2nd Shooting or throwing deadly
9 missiles into dwellings, vessels,
10 or vehicles.
11 794.011(8)(a) 3rd Solicitation of minor to
12 participate in sexual activity by
13 custodial adult.
14 794.05(1) 2nd Unlawful sexual activity with
15 specified minor.
16 800.04(5)(d) 3rd Lewd or lascivious molestation;
17 victim 12 years of age or older
18 but less than 16 years; offender
19 less than 18 years.
20 800.04(6)(b) 2nd Lewd or lascivious conduct;
21 offender 18 years of age or
22 older.
23 806.031(2) 2nd Arson resulting in great bodily
24 harm to firefighter or any other
25 person.
26 810.02(3)(c) 2nd Burglary of occupied structure;
27 unarmed; no assault or battery.
28 812.014(2)(b) 2nd Property stolen $20,000 or more,
29 but less than $100,000, grand
30 theft in 2nd degree.
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 812.13(2)(c) 2nd Robbery, no firearm or other
2 weapon (strong-arm robbery).
3 817.034(4)(a)1. 1st Communications fraud, value
4 greater than $50,000.
5 817.4821(5) 2nd Possess cloning paraphernalia
6 with intent to create cloned
7 cellular telephones.
8 825.102(1) 3rd Abuse of an elderly person or
9 disabled adult.
10 825.102(3)(c) 3rd Neglect of an elderly person or
11 disabled adult.
12 825.1025(3) 3rd Lewd or lascivious molestation of
13 an elderly person or disabled
14 adult.
15 825.103(2)(c) 3rd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $100 or more, but less
18 than $20,000.
19 827.03(1) 3rd Abuse of a child.
20 827.03(3)(c) 3rd Neglect of a child.
21 827.071(2)&(3) 2nd Use or induce a child in a sexual
22 performance, or promote or direct
23 such performance.
24 836.05 2nd Threats; extortion.
25 836.10 2nd Written threats to kill or do
26 bodily injury.
27 843.12 3rd Aids or assists person to escape.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16
17 (g) LEVEL 7
18 316.193(3)(c)2. 3rd DUI resulting in serious bodily
19 injury.
20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
21 bodily injury.
22 409.920(2) 3rd Medicaid provider fraud.
23 494.0018(2) 1st Conviction of any violation of
24 ss. 494.001-494.0077 in which the
25 total money and property
26 unlawfully obtained exceeded
27 $50,000 and there were five or
28 more victims.
29
30
31
24
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 782.07(1) 2nd Killing of a human being by the
2 act, procurement, or culpable
3 negligence of another
4 (manslaughter).
5 782.071 3rd Killing of human being by the
6 operation of a motor vehicle in a
7 reckless manner (vehicular
8 homicide).
9 782.072 3rd Killing of a human being by the
10 operation of a vessel in a
11 reckless manner (vessel
12 homicide).
13 784.045(1)(a)1. 2nd Aggravated battery; intentionally
14 causing great bodily harm or
15 disfigurement.
16 784.045(1)(a)2. 2nd Aggravated battery; using deadly
17 weapon.
18 784.045(1)(b) 2nd Aggravated battery; perpetrator
19 aware victim pregnant.
20 784.048(4) 3rd Aggravated stalking; violation of
21 injunction or court order.
22 784.07(2)(d) 1st Aggravated battery on law
23 enforcement officer.
24 784.08(2)(a) 1st Aggravated battery on a person 65
25 years of age or older.
26 784.081(1) 1st Aggravated battery on specified
27 official or employee.
28 784.082(1) 1st Aggravated battery by detained
29 person on visitor or other
30 detainee.
31
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 790.07(4) 1st Specified weapons violation
2 subsequent to previous conviction
3 of s. 790.07(1) or (2).
4 790.16(1) 1st Discharge of a machine gun under
5 specified circumstances.
6 796.03 2nd Procuring any person under 16
7 years for prostitution.
8 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
9 victim less than 12 years of age;
10 offender less than 18 years.
11 Handle, fondle, or assault child
12 under 16 years in lewd,
13 lascivious, or indecent manner.
14 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
15 victim 12 years of age or older
16 but less than 16 years; offender
17 18 years or older.
18 806.01(2) 2nd Maliciously damage structure by
19 fire or explosive.
20 810.02(3)(a) 2nd Burglary of occupied dwelling;
21 unarmed; no assault or battery.
22 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
23 unarmed; no assault or battery.
24 810.02(3)(d) 2nd Burglary of occupied conveyance;
25 unarmed; no assault or battery.
26 812.014(2)(a) 1st Property stolen, valued at
27 $100,000 or more; property stolen
28 while causing other property
29 damage; 1st degree grand theft.
30
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 812.019(2) 1st Stolen property; initiates,
2 organizes, plans, etc., the theft
3 of property and traffics in
4 stolen property.
5 812.133(2)(b) 1st Carjacking; no firearm, deadly
6 weapon, or other weapon.
7 825.102(3)(b) 2nd Neglecting an elderly person or
8 disabled adult causing great
9 bodily harm, disability, or
10 disfigurement.
11 825.1025(2) 2nd Lewd or lascivious battery upon
12 an elderly person or disabled
13 adult.
14 825.103(2)(b) 2nd Exploiting an elderly person or
15 disabled adult and property is
16 valued at $20,000 or more, but
17 less than $100,000.
18 827.03(3)(b) 2nd Neglect of a child causing great
19 bodily harm, disability, or
20 disfigurement.
21 827.04(4) 3rd Impregnation of a child under 16
22 years of age by person 21 years
23 of age or older.
24 872.06 2nd Abuse of a dead human body.
25 893.13(1)(c)1. 1st Sell, manufacture, or deliver
26 cocaine (or other s.
27 893.03(1)(a), (1)(b), (1)(d),
28 (2)(a), or (2)(b) drugs) within
29 1,000 feet of a school.
30
31
27
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), or (2)(b) drugs).
4 893.135(1)(a)1. 1st Trafficking in cannabis, more
5 than 50 lbs., less than 2,000
6 lbs.
7 893.135
8 (1)(b)1.a. 1st Trafficking in cocaine, more than
9 28 grams, less than 200 grams.
10 893.135
11 (1)(c)1.a. 1st Trafficking in illegal drugs,
12 more than 4 grams, less than 14
13 grams.
14 893.135
15 (1)(d)1. 1st Trafficking in phencyclidine,
16 more than 28 grams, less than 200
17 grams.
18 893.135(1)(e)1. 1st Trafficking in methaqualone, more
19 than 200 grams, less than 5
20 kilograms.
21 893.135(1)(f)1. 1st Trafficking in amphetamine, more
22 than 14 grams, less than 28
23 grams.
24
25 (h) LEVEL 8
26 316.193
27 (3)(c)3.a. 2nd DUI manslaughter.
28 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
29 777.03(2)(a) 1st Accessory after the fact, capital
30 felony.
31
28
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.071(2) 2nd Committing vehicular homicide and
9 failing to render aid or give
10 information.
11 782.072(2) 2nd Committing vessel homicide and
12 failing to render aid or give
13 information.
14 790.161(3) 1st Discharging a destructive device
15 which results in bodily harm or
16 property damage.
17 794.011(5) 2nd Sexual battery, victim 12 years
18 or over, offender does not use
19 physical force likely to cause
20 serious injury.
21 800.04(4) 2nd Lewd or lascivious battery.
22 806.01(1) 1st Maliciously damage dwelling or
23 structure by fire or explosive,
24 believing person in structure.
25 810.02(2)(a) 1st,PBL Burglary with assault or battery.
26 810.02(2)(b) 1st,PBL Burglary; armed with explosives
27 or dangerous weapon.
28 810.02(2)(c) 1st Burglary of a dwelling or
29 structure causing structural
30 damage or $1,000 or more property
31 damage.
29
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 812.13(2)(b) 1st Robbery with a weapon.
2 812.135(2) 1st Home-invasion robbery.
3 825.102(2) 2nd Aggravated abuse of an elderly
4 person or disabled adult.
5 825.103(2)(a) 1st Exploiting an elderly person or
6 disabled adult and property is
7 valued at $100,000 or more.
8 826.04(2) 2nd Knowingly marries or engages in
9 sexual activity with person less
10 than 18 years of age to whom
11 related.
12 827.03(2) 2nd Aggravated child abuse.
13 860.121(2)(c) 1st Shooting at or throwing any
14 object in path of railroad
15 vehicle resulting in great bodily
16 harm.
17 860.16 1st Aircraft piracy.
18 893.13(1)(b) 1st Sell or deliver in excess of 10
19 grams of any substance specified
20 in s. 893.03(1)(a) or (b).
21 893.13(2)(b) 1st Purchase in excess of 10 grams of
22 any substance specified in s.
23 893.03(1)(a) or (b).
24 893.13(6)(c) 1st Possess in excess of 10 grams of
25 any substance specified in s.
26 893.03(1)(a) or (b).
27 893.135(1)(a)2. 1st Trafficking in cannabis, more
28 than 2,000 lbs., less than 10,000
29 lbs.
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135(1)(d)1.b. 1st Trafficking in phencyclidine,
9 more than 200 grams, less than
10 400 grams.
11 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more
12 than 5 kilograms, less than 25
13 kilograms.
14 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more
15 than 28 grams, less than 200
16 grams.
17 895.03(1) 1st Use or invest proceeds derived
18 from pattern of racketeering
19 activity.
20 895.03(2) 1st Acquire or maintain through
21 racketeering activity any
22 interest in or control of any
23 enterprise or real property.
24 895.03(3) 1st Conduct or participate in any
25 enterprise through pattern of
26 racketeering activity.
27
28 (i) LEVEL 9
29 316.193
30 (3)(c)3.b. 1st DUI manslaughter; failing to
31 render aid or give information.
31
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 782.04(1) 1st Attempt, conspire, or solicit to
2 commit premeditated murder.
3 782.04(3) 1st,PBL Accomplice to murder in
4 connection with arson, sexual
5 battery, robbery, burglary, and
6 other specified felonies.
7 782.07(2) 1st Aggravated manslaughter of an
8 elderly person or disabled adult.
9 782.07(3) 1st Aggravated manslaughter of a
10 child.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 13; perpetrator also commits
22 child abuse, sexual battery, or
23 lewd, or lascivious battery,
24 molestation, conduct, or
25 exhibition act, etc.
26 790.161 1st Attempted capital destructive
27 device offense.
28 794.011(2) 1st Attempted sexual battery; victim
29 less than 12 years of age.
30
31
32
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 794.011(2) Life Sexual battery; offender younger
2 than 18 years and commits sexual
3 battery on a person less than 12
4 years.
5 794.011(4) 1st Sexual battery; victim 12 years
6 or older, certain circumstances.
7 794.011(8)(b) 1st Sexual battery; engage in sexual
8 conduct with minor 12 to 18 years
9 by person in familial or
10 custodial authority.
11 800.04(5)(b) 1st Lewd or lascivious molestation;
12 victim less than 12 years;
13 offender 18 years or older.
14 812.13(2)(a) 1st,PBL Robbery with firearm or other
15 deadly weapon.
16 812.133(2)(a) 1st,PBL Carjacking; firearm or other
17 deadly weapon.
18 847.0145(1) 1st Selling, or otherwise
19 transferring custody or control,
20 of a minor.
21 847.0145(2) 1st Purchasing, or otherwise
22 obtaining custody or control, of
23 a minor.
24 859.01 1st Poisoning food, drink, medicine,
25 or water with intent to kill or
26 injure another person.
27 893.135 1st Attempted capital trafficking
28 offense.
29 893.135(1)(a)3. 1st Trafficking in cannabis, more
30 than 10,000 lbs.
31
33
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 893.135
2 (1)(b)1.c. 1st Trafficking in cocaine, more than
3 400 grams, less than 150
4 kilograms.
5 893.135
6 (1)(c)1.c. 1st Trafficking in illegal drugs,
7 more than 28 grams, less than 30
8 kilograms.
9 893.135(1)(d)1.c. 1st Trafficking in phencyclidine,
10 more than 400 grams.
11 893.135(1)(e)1.c. 1st Trafficking in methaqualone, more
12 than 25 kilograms.
13 893.135(1)(f)1.c. 1st Trafficking in amphetamine, more
14 than 200 grams.
15
16 (j) LEVEL 10
17 782.04(2) 1st,PBL Unlawful killing of human; act is
18 homicide, unpremeditated.
19 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
20 upon or terrorize victim.
21 787.01(3)(a) Life Kidnapping; child under age 13,
22 perpetrator also commits child
23 abuse, sexual battery, or lewd,
24 or lascivious battery,
25 molestation, conduct, or
26 exhibition act, etc.
27 794.011(3) Life Sexual battery; victim 12 years
28 or older, offender uses or
29 threatens to use deadly weapon or
30 physical force to cause serious
31 injury.
34
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 876.32 1st Treason against the state.
2
3 Section 13. Paragraph (a) of subsection (4) and
4 paragraph (a) of subsection (5) of section 948.03, Florida
5 Statutes, are amended, and subsection (6) of said section is
6 reenacted, to read:
7 948.03 Terms and conditions of probation or community
8 control.--
9 (4) The court shall require a diagnosis and evaluation
10 to determine the need of a probationer or offender in
11 community control for treatment. If the court determines that
12 a need therefor is established by such diagnosis and
13 evaluation process, the court shall require outpatient
14 counseling as a term or condition of probation or community
15 control for any person who was found guilty of any of the
16 following, or whose plea of guilty or nolo contendere to any
17 of the following was accepted by the court:
18 (a) Lewd or lascivious battery, lewd or lascivious
19 molestation, lewd or lascivious conduct, or lewd or lascivious
20 exhibition, as defined in s. 800.04 A lewd, lascivious, or
21 indecent assault or act upon, or in the presence of, a child.
22 (b) Sexual battery, as defined in chapter 794, against
23 a child.
24 (c) Exploitation of a child as provided in s. 450.151,
25 or for prostitution.
26
27 Such counseling shall be required to be obtained from a
28 community mental health center, a recognized social service
29 agency providing mental health services, or a private mental
30 health professional or through other professional counseling.
31
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 The plan for counseling for the individual shall be provided
2 to the court for review.
3 (5)(a) Effective for probationers or community
4 controllees whose crime was committed on or after October 1,
5 1995, and who are placed under supervision for violation of
6 chapter 794, or s. 800.04, s. 827.071, or s. 847.0145, the
7 court must impose the following conditions in addition to all
8 other standard and special conditions imposed:
9 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
10 may designate another 8-hour period if the offender's
11 employment precludes the above specified time, and such
12 alternative is recommended by the Department of Corrections.
13 If the court determines that imposing a curfew would endanger
14 the victim, the court may consider alternative sanctions.
15 2. If the victim was under the age of 18, a
16 prohibition on living within 1,000 feet of a school, day care
17 center, park, playground, or other place where children
18 regularly congregate, as prescribed by the court.
19 3. Active participation in and successful completion
20 of a sex offender treatment program with therapists
21 specifically trained to treat sex offenders, at the
22 probationer's or community controllee's own expense. If a
23 specially trained therapist is not available within a 50-mile
24 radius of the probationer's or community controllee's
25 residence, the offender shall participate in other appropriate
26 therapy.
27 4. A prohibition on any contact with the victim,
28 directly or indirectly, including through a third person,
29 unless approved by the victim, the offender's therapist, and
30 the sentencing court.
31
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 5. If the victim was under the age of 18, a
2 prohibition, until successful completion of a sex offender
3 treatment program, on unsupervised contact with a child under
4 the age of 18, unless authorized by the sentencing court
5 without another adult present who is responsible for the
6 child's welfare, has been advised of the crime, and is
7 approved by the sentencing court.
8 6. If the victim was under age 18, a prohibition on
9 working for pay or as a volunteer at any school, day care
10 center, park, playground, or other place where children
11 regularly congregate.
12 7. Unless otherwise indicated in the treatment plan
13 provided by the sexual offender treatment program, a
14 prohibition on viewing, owning, or possessing any obscene,
15 pornographic, or sexually stimulating visual or auditory
16 material, including telephone, electronic media, computer
17 programs, or computer services that are relevant to the
18 offender's deviant behavior pattern.
19 8. A requirement that the probationer or community
20 controllee must submit two specimens of blood to the Florida
21 Department of Law Enforcement to be registered with the DNA
22 data bank.
23 9. A requirement that the probationer or community
24 controllee make restitution to the victim, as ordered by the
25 court under s. 775.089, for all necessary medical and related
26 professional services relating to physical, psychiatric, and
27 psychological care.
28 10. Submission to a warrantless search by the
29 community control or probation officer of the probationer's or
30 community controllee's person, residence, or vehicle.
31
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (b) Effective for a probationer or community
2 controllee whose crime was committed on or after October 1,
3 1997, and who is placed on sex offender probation for a
4 violation of chapter 794, s. 800.04, s. 827.071, or s.
5 847.0145, in addition to any other provision of this
6 subsection, the court must impose the following conditions of
7 probation or community control:
8 1. As part of a treatment program, participation at
9 least annually in polygraph examinations to obtain information
10 necessary for risk management and treatment and to reduce the
11 sex offender's denial mechanisms. A polygraph examination must
12 be conducted by a polygrapher trained specifically in the use
13 of the polygraph for the monitoring of sex offenders, where
14 available, and shall be paid by the sex offender. The results
15 of the polygraph examination shall not be used as evidence in
16 court to prove that a violation of community supervision has
17 occurred.
18 2. Maintenance of a driving log and a prohibition
19 against driving a motor vehicle alone without the prior
20 approval of the supervising officer.
21 3. A prohibition against obtaining or using a post
22 office box without the prior approval of the supervising
23 officer.
24 4. If there was sexual contact, a submission to, at
25 the probationer's or community controllee's expense, an HIV
26 test with the results to be released to the victim and/or the
27 victim's parent or guardian.
28 5. Electronic monitoring when deemed necessary by the
29 community control or probation officer and his or her
30 supervisor, and ordered by the court at the recommendation of
31 the Department of Corrections.
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 (6) The enumeration of specific kinds of terms and
2 conditions shall not prevent the court from adding thereto
3 such other or others as it considers proper. However, the
4 sentencing court may only impose a condition of supervision
5 allowing an offender convicted of s. 794.011, s. 800.04, s.
6 827.071, or s. 847.0145, to reside in another state, if the
7 order stipulates that it is contingent upon the approval of
8 the receiving state interstate compact authority. The court
9 may rescind or modify at any time the terms and conditions
10 theretofore imposed by it upon the probationer or offender in
11 community control. However, if the court withholds
12 adjudication of guilt or imposes a period of incarceration as
13 a condition of probation or community control, the period
14 shall not exceed 364 days, and incarceration shall be
15 restricted to either a county facility, a probation and
16 restitution center under the jurisdiction of the Department of
17 Corrections, a probation program drug punishment phase I
18 secure residential treatment institution, or a community
19 residential facility owned or operated by any entity providing
20 such services.
21 Section 14. This act shall take effect October 1 of
22 the year in which enacted.
23
24
25
26
27
28
29
30
31
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 416
33-247-98 See CS for HB 1259
1 *****************************************
2 LEGISLATIVE SUMMARY
3 Creates the "Children's Protection Act of 1998." Defines
the offenses of lewd or lascivious battery, lewd or
4 lascivious molestation, lewd or lascivious conduct, or
lewd or lascivious exhibition. Provides that the victim's
5 consent is not a defense to any such offense if the
victim is under 12 years of age. If the victim is 12
6 years of age or older, provides that the victim's consent
is not a defense if the difference in age between the
7 offender and the victim exceeds 2 years. Provides that
lack of knowledge, misrepresentation, or mistake as to
8 the victim's age is not a defense to any such offense.
Revises the elements of the offense of incest to prohibit
9 sexual activity between persons 18 years of age or older
who are related by lineal consanguinity. (See bill for
10 details.)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
40