House Bill hb0025e1

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                                            HB 25, First Engrossed



  1                      A bill to be entitled

  2         An act relating to offenses against children;

  3         amending s. 787.025, F.S.; revising provisions

  4         to prohibit certain previously convicted

  5         offenders from intentionally luring or

  6         enticing, or attempting to lure or entice, a

  7         child under age 15 into a structure, dwelling,

  8         or conveyance without consent of parent or

  9         legal guardian, or from intentionally luring or

10         enticing, or attempting to lure or entice the

11         child away from the child's parent or legal

12         guardian; providing penalties; amending s.

13         800.04, F.S.; defining the term "presence";

14         amending s. 947.1405, F.S.; prohibiting sexual

15         offenders subject to conditional release

16         supervision from living within a specified

17         distance of certain places where children

18         congregate; creating ss. 794.07 and 794.0701,

19         F.S.; prohibiting persons convicted of certain

20         sex crimes from residing within 1,000 feet of a

21         school, day care center, park, or playground;

22         providing penalties; providing for application;

23         providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

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27         Section 1.  Subsection (2) and (3) of section 787.025,

28  Florida Statutes, are amended to read:

29         787.025  Luring or enticing a child.--

30         (2)(a)  A person over the age of 18 who, having been

31  previously convicted of a violation of chapter 794 or s.


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                                            HB 25, First Engrossed



  1  800.04, or a violation of a similar law of another

  2  jurisdiction, intentionally lures or entices, or attempts to

  3  lure or entice, a child under the age of 15 12 into a

  4  structure, dwelling, or conveyance without the consent of the

  5  child's parent or legal guardian, or who intentionally lures

  6  or entices, or attempts to lure or entice, a child under the

  7  age of 15 away from the child's parent or legal guardian

  8  without the consent of the child's parent or legal guardian,

  9  for other than a lawful purpose commits a felony of the third

10  degree, punishable as provided in s. 775.082, s. 775.083, or

11  s. 775.084.

12         (b)  For purposes of this section, the luring or

13  enticing, or attempted luring or enticing, of a child under

14  the age of 12 into a structure, dwelling, or conveyance

15  without the consent of the child's parent or legal guardian

16  shall be prima facie evidence of other than a lawful purpose.

17         (3)  It is an affirmative defense to a prosecution

18  under this section that:

19         (a)  The person reasonably believed that his or her

20  action was necessary to prevent the child from being seriously

21  injured.

22         (b)  The person lured or enticed, or attempted to lure

23  or entice, the child under the age of 12 into a structure,

24  dwelling, or conveyance for a lawful purpose.

25         (b)(c)  The person's actions were reasonable under the

26  circumstances and the defendant did not have any intent to

27  harm the health, safety, or welfare of the child.

28         Section 2.  Present paragraph (d) of subsection (1) of

29  section 800.04, Florida Statutes, is redesignated as paragraph

30  (e) and a new paragraph (d) is added to that section to read:

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                                            HB 25, First Engrossed



  1         800.04  Lewd or lascivious offenses committed upon or

  2  in the presence of persons less than 16 years of age.--

  3         (1)  DEFINITIONS.--As used in this section:

  4         (d)  "Presence" means that the victim of an act in

  5  violation of this section is physically present where and when

  6  the act occurs.  The term does not mean that the victim must

  7  actually see or have sensory awareness of the act.

  8         Section 3.  Paragraph (a) of subsection (7) of section

  9  947.1405, Florida Statutes, is amended to read:

10         947.1405  Conditional release program.--

11         (7)(a)  Any inmate who is convicted of a crime

12  committed on or after October 1, 1995, or who has been

13  previously convicted of a crime committed on or after October

14  1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,

15  or s. 847.0145, and is subject to conditional release

16  supervision, shall have, in addition to any other conditions

17  imposed, the following special conditions imposed by the

18  commission:

19         1.  A mandatory curfew from 10 p.m. to 6 a.m. The court

20  may designate another 8-hour period if the offender's

21  employment precludes the above specified time, and such

22  alternative is recommended by the Department of Corrections.

23  If the court determines that imposing a curfew would endanger

24  the victim, the court may consider alternative sanctions.

25         2.  If the victim was under the age of 18, a

26  prohibition on living within 1,000 feet of a school, day care

27  center, park, playground, school bus stop, or other place

28  where children regularly congregate.

29         3.  Active participation in and successful completion

30  of a sex offender treatment program with therapists

31  specifically trained to treat sex offenders, at the releasee's


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                                            HB 25, First Engrossed



  1  own expense. If a specially trained therapist is not available

  2  within a 50-mile radius of the releasee's residence, the

  3  offender shall participate in other appropriate therapy.

  4         4.  A prohibition on any contact with the victim,

  5  directly or indirectly, including through a third person,

  6  unless approved by the victim, the offender's therapist, and

  7  the sentencing court.

  8         5.  If the victim was under the age of 18, a

  9  prohibition, until successful completion of a sex offender

10  treatment program, on unsupervised contact with a child under

11  the age of 18, unless authorized by the commission without

12  another adult present who is responsible for the child's

13  welfare, has been advised of the crime, and is approved by the

14  commission.

15         6.  If the victim was under age 18, a prohibition on

16  working for pay or as a volunteer at any school, day care

17  center, park, playground, or other place where children

18  regularly congregate, as prescribed by the commission.

19         7.  Unless otherwise indicated in the treatment plan

20  provided by the sexual offender treatment program, a

21  prohibition on viewing, owning, or possessing any obscene,

22  pornographic, or sexually stimulating visual or auditory

23  material, including telephone, electronic media, computer

24  programs, or computer services that are relevant to the

25  offender's deviant behavior pattern.

26         8.  A requirement that the releasee must submit two

27  specimens of blood to the Florida Department of Law

28  Enforcement to be registered with the DNA database.

29         9.  A requirement that the releasee make restitution to

30  the victim, as determined by the sentencing court or the

31  commission, for all necessary medical and related professional


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                                            HB 25, First Engrossed



  1  services relating to physical, psychiatric, and psychological

  2  care.

  3         10.  Submission to a warrantless search by the

  4  community control or probation officer of the probationer's or

  5  community controllee's person, residence, or vehicle.

  6         Section 4.  Section 794.07, Florida Statutes, is

  7  created to read:

  8         794.07  Unlawful place of residence for persons

  9  convicted of certain sex offenses.--

10         (1)  It is unlawful for any person who has been

11  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

12  s. 827.071, or s. 847.0145, regardless of whether adjudication

13  has been withheld, in which the victim of the offense was less

14  than 16 years of age, to reside within 1,000 feet of any

15  school, day care center, park, or playground.  Any person

16  violating this section whose conviction for s. 794.011, s.

17  794.05, s.800.04, s. 827.071, or s. 847.0145, was classified

18  as a felony of the first degree or higher, commits a felony of

19  the third degree, punishable as provided in s. 775.082 and

20  775.083.  Any person violating this section whose conviction

21  for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.

22  847.0145, was classified as a felony of the second or third

23  degree commits a misdemeanor of the first degree punishable as

24  provided in s. 775.082 and 775.083.

25         (2)  This section shall apply to any person convicted

26  of a violation of s. 794.011, s. 794.05, s. 800.04, s.

27  827.071, or s. 847.0145 for offenses which occur on or after

28  October 1, 2001.

29         Section 5.  Section 794.0701, Florida Statutes, is

30  created to read:

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                                            HB 25, First Engrossed



  1         794.0701  Unlawful place of residence for persons

  2  convicted of certain sex offenses.--

  3         (1)  It is unlawful for any person who has been

  4  convicted of a violation of s. 794.011, s. 794.05, s. 800.04,

  5  s. 827.071, or s. 847.0145, regardless of whether adjudication

  6  has been withheld, in which the victim of the offense was less

  7  than 16 years of age, to reside within 1,000 feet of any

  8  school, day care center, park, or playground.  Any person

  9  violating this section whose conviction for s. 794.011, s.

10  794.05, s.800.04, s. 827.071, or s. 847.0145, was classified

11  as a felony of the first degree or higher, commits a felony of

12  the third degree, punishable as provided in s. 775.082 and

13  775.083.  Any person violating this section whose conviction

14  for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.

15  847.0145, was classified as a felony of the second or third

16  degree commits a misdemeanor of the first degree punishable as

17  provided in s. 775.082 and 775.083.

18         (2)  This section shall apply retroactively to any

19  person convicted of a violation of s. 794.011, s. 794.05, s.

20  800.04, s. 827.071, or s. 847.0145 regardless of when the

21  offense occurred.

22         Section 6.  This act shall take effect July 1, 2001.

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