Senate Bill sb1026e1

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  1                      A bill to be entitled

  2         An act relating to crimes against minors;

  3         amending ss. 787.01, 787.02, F.S.; revising the

  4         elements of the crimes of kidnapping a minor

  5         child and false imprisonment of a minor child;

  6         amending s. 787.025, F.S.; revising the

  7         elements of the crime of luring or enticing a

  8         minor child for an unlawful purpose; increasing

  9         the penalty imposed for the offense of luring

10         or enticing a minor child for an unlawful

11         purpose; reenacting ss. 435.03(2)(j) and (k),

12         435.04(2)(k) and (l), 775.21(4), 903.133,

13         910.14, F.S., relating to screening standards,

14         the Florida Sexual Predators Act, bail on

15         appeal, and kidnapping, to incorporate the

16         amendments to ss. 787.01, 787.02, 787.025,

17         F.S., in references thereto; reenacting and

18         amending s. 921.0022(3)(f), (i), and (j), F.S.,

19         relating to the offense severity ranking chart

20         of the Criminal Punishment Code, to incorporate

21         the amendments to s. 787.02, F.S., in

22         references thereto; conforming provisions to

23         changes made by the act; reenacting ss.

24         943.0435(1)(a), 943.0585, 943.059,

25         944.606(1)(b), 944.607(1)(a), 948.01(15),

26         948.06(2)(a), F.S., relating to the

27         registration of sexual offenders, expunction

28         and court-ordered sealing of criminal history

29         records, the definition of the term "sexual

30         offender," and probation and community control,

31         to incorporate the amendments to ss. 787.01,


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  1         787.02, 787.025, F.S., in references thereto;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 787.01, Florida Statutes, is

  7  amended to read:

  8         787.01  Kidnapping; kidnapping of child under age 16

  9  13, aggravating circumstances.--

10         (1)(a)  The term "kidnapping" means forcibly, secretly,

11  or by threat confining, abducting, or imprisoning another

12  person against her or his will and without lawful authority,

13  with intent to:

14         1.  Hold for ransom or reward or as a shield or

15  hostage.

16         2.  Commit or facilitate commission of any felony.

17         3.  Inflict bodily harm upon or to terrorize the victim

18  or another person.

19         4.  Interfere with the performance of any governmental

20  or political function.

21         (b)  Confinement of a child under the age of 16 13 is

22  against her or his will within the meaning of this subsection

23  if such confinement is without the consent of her or his

24  parent or legal guardian.

25         (2)  A person who kidnaps a person is guilty of a

26  felony of the first degree, punishable by imprisonment for a

27  term of years not exceeding life or as provided in s. 775.082,

28  s. 775.083, or s. 775.084.

29         (3)(a)  A person who commits the offense of kidnapping

30  upon a child under the age of 16 13 and who, in the course of

31  committing the offense, commits one or more of the following:


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  1         1.  Aggravated child abuse, as defined in s. 827.03;

  2         2.  Sexual battery, as defined in chapter 794, against

  3  the child;

  4         3.  Lewd or lascivious battery, lewd or lascivious

  5  molestation, lewd or lascivious conduct, or lewd or lascivious

  6  exhibition, in violation of s. 800.04;

  7         4.  A violation of s. 796.03 or s. 796.04, relating to

  8  prostitution, upon the child; or

  9         5.  Exploitation of the child or allowing the child to

10  be exploited, in violation of s. 450.151,

11

12  commits a life felony, punishable as provided in s. 775.082,

13  s. 775.083, or s. 775.084.

14         (b)  Pursuant to s. 775.021(4), nothing contained

15  herein shall be construed to prohibit the imposition of

16  separate judgments and sentences for the life felony described

17  in paragraph (a) and for each separate offense enumerated in

18  subparagraphs (a)1.-5.

19         Section 2.  Section 787.02, Florida Statutes, is

20  amended to read:

21         787.02  False imprisonment; false imprisonment of child

22  under age 16 13, aggravating circumstances.--

23         (1)(a)  The term "false imprisonment" means forcibly,

24  by threat, or secretly confining, abducting, imprisoning, or

25  restraining another person without lawful authority and

26  against her or his will.

27         (b)  Confinement of a child under the age of 16 13 is

28  against her or his will within the meaning of this section if

29  such confinement is without the consent of her or his parent

30  or legal guardian.

31


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  1         (2)  A person who commits the offense of false

  2  imprisonment is guilty of a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

  5         (3)(a)  A person who commits the offense of false

  6  imprisonment upon a child under the age of 16 13 and who, in

  7  the course of committing the offense, commits any offense

  8  enumerated in subparagraphs 1.-5., commits a felony of the

  9  first degree, punishable by imprisonment for a term of years

10  not exceeding life or as provided in s. 775.082, s. 775.083,

11  or s. 775.084.

12         1.  Aggravated child abuse, as defined in s. 827.03;

13         2.  Sexual battery, as defined in chapter 794, against

14  the child;

15         3.  Lewd or lascivious battery, lewd or lascivious

16  molestation, lewd or lascivious conduct, or lewd or lascivious

17  exhibition, in violation of s. 800.04;

18         4.  A violation of s. 796.03 or s. 796.04, relating to

19  prostitution, upon the child; or

20         5.  Exploitation of the child or allowing the child to

21  be exploited, in violation of s. 450.151.

22         (b)  Pursuant to s. 775.021(4), nothing contained

23  herein shall be construed to prohibit the imposition of

24  separate judgments and sentences for the first degree offense

25  described in paragraph (a) and for each separate offense

26  enumerated in subparagraphs (a)1.-5.

27         Section 3.  Section 787.025, Florida Statutes, is

28  amended to read:

29         787.025  Luring or enticing a child.--

30         (1)  As used in this section, the term:

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  1         (a)  "Structure" means a building of any kind, either

  2  temporary or permanent, which has a roof over it, together

  3  with the curtilage thereof.

  4         (b)  "Dwelling" means a building or conveyance of any

  5  kind, either temporary or permanent, mobile or immobile, which

  6  has a roof over it and is designed to be occupied by people

  7  lodging together therein at night, together with the curtilage

  8  thereof.

  9         (c)  "Conveyance" means any motor vehicle, ship,

10  vessel, railroad car, trailer, aircraft, or sleeping car.

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

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

13  800.04, or a violation of a similar law of another

14  jurisdiction, intentionally lures or entices, or attempts to

15  lure or entice, a child under the age of 16 12 into a

16  structure, dwelling, or conveyance for other than a lawful

17  purpose commits a felony of the second third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084.

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

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

22  the age of 16 12 into a structure, dwelling, or conveyance

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

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

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

26  under this section that:

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

28  action was necessary to prevent the child from being seriously

29  injured.

30

31


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

  2  or entice, the child under the age of 16 12 into a structure,

  3  dwelling, or conveyance for a lawful purpose.

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

  5  circumstances and the defendant did not have any intent to

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

  7         Section 4.  For the purpose of incorporating the

  8  amendments made by this act to sections 787.01 and 787.02,

  9  Florida Statutes, in references thereto, paragraphs (j) and

10  (k) of subsection (2) of section 435.03, Florida Statutes, are

11  reenacted to read:

12         435.03  Level 1 screening standards.--

13         (2)  Any person for whom employment screening is

14  required by statute must not have been found guilty of,

15  regardless of adjudication, or entered a plea of nolo

16  contendere or guilty to, any offense prohibited under any of

17  the following provisions of the Florida Statutes or under any

18  similar statute of another jurisdiction:

19         (j)  Section 787.01, relating to kidnapping.

20         (k)  Section 787.02, relating to false imprisonment.

21         Section 5.  For the purpose of incorporating the

22  amendments made by this act to sections 787.01 and 787.02,

23  Florida Statutes, in references thereto, paragraphs (k) and

24  (l) of subsection (2) of section 435.04, Florida Statutes, are

25  reenacted to read:

26         435.04  Level 2 screening standards.--

27         (2)  The security background investigations under this

28  section must ensure that no persons subject to the provisions

29  of this section have been found guilty of, regardless of

30  adjudication, or entered a plea of nolo contendere or guilty

31  to, any offense prohibited under any of the following


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  1  provisions of the Florida Statutes or under any similar

  2  statute of another jurisdiction:

  3         (k)  Section 787.01, relating to kidnapping.

  4         (l)  Section 787.02, relating to false imprisonment.

  5         Section 6.  For the purpose of incorporating the

  6  amendments made by this act to sections 787.01, 787.02, and

  7  787.025, Florida Statutes, in references thereto, subsection

  8  (4) of section 775.21, Florida Statutes, is reenacted to read:

  9         775.21  The Florida Sexual Predators Act; definitions;

10  legislative findings, purpose, and intent; criteria;

11  designation; registration; community and public notification;

12  immunity; penalties.--

13         (4)  SEXUAL PREDATOR CRITERIA.--

14         (a)  For a current offense committed on or after

15  October 1, 1993, upon conviction, an offender shall be

16  designated as a "sexual predator" under subsection (5), and

17  subject to registration under subsection (6) and community and

18  public notification under subsection (7) if:

19         1.  The felony is:

20         a.  A capital, life, or first-degree felony violation,

21  or any attempt thereof, of s. 787.01 or s. 787.02, where the

22  victim is a minor and the defendant is not the victim's

23  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

24  violation of a similar law of another jurisdiction; or

25         b.  Any felony violation, or any attempt thereof, of s.

26  787.01, s. 787.02, or s. 787.025, where the victim is a minor

27  and the defendant is not the victim's parent; chapter 794,

28  excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04;

29  s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation

30  of a similar law of another jurisdiction, and the offender has

31  previously been convicted of or found to have committed, or


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  1  has pled nolo contendere or guilty to, regardless of

  2  adjudication, any violation of s. 787.01, s. 787.02, or s.

  3  787.025, where the victim is a minor and the defendant is not

  4  the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.

  5  794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

  6  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

  7  similar law of another jurisdiction;

  8         2.  The offender has not received a pardon for any

  9  felony or similar law of another jurisdiction that is

10  necessary for the operation of this paragraph; and

11         3.  A conviction of a felony or similar law of another

12  jurisdiction necessary to the operation of this paragraph has

13  not been set aside in any postconviction proceeding.

14         (b)  In order to be counted as a prior felony for

15  purposes of this subsection, the felony must have resulted in

16  a conviction sentenced separately, or an adjudication of

17  delinquency entered separately, prior to the current offense

18  and sentenced or adjudicated separately from any other felony

19  conviction that is to be counted as a prior felony. If the

20  offender's prior enumerated felony was committed more than 10

21  years before the primary offense, it shall not be considered a

22  prior felony under this subsection if the offender has not

23  been convicted of any other crime for a period of 10

24  consecutive years from the most recent date of release from

25  confinement, supervision, or sanction, whichever is later.

26         (c)  If an offender has been registered as a sexual

27  predator by the Department of Corrections, the department, or

28  any other law enforcement agency and if:

29         1.  The court did not, for whatever reason, make a

30  written finding at the time of sentencing that the offender

31  was a sexual predator; or


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  1         2.  The offender was administratively registered as a

  2  sexual predator because the Department of Corrections, the

  3  department, or any other law enforcement agency obtained

  4  information that indicated that the offender met the criteria

  5  for designation as a sexual predator based on a violation of a

  6  similar law in another jurisdiction,

  7

  8  the department shall remove that offender from the

  9  department's list of sexual predators and, for an offender

10  described under subparagraph 1., shall notify the state

11  attorney who prosecuted the offense that met the criteria for

12  administrative designation as a sexual predator, and, for an

13  offender described under this subparagraph, shall notify the

14  state attorney of the county where the offender establishes or

15  maintains a permanent or temporary residence. The state

16  attorney shall bring the matter to the court's attention in

17  order to establish that the offender meets the criteria for

18  designation as a sexual predator. If the court makes a written

19  finding that the offender is a sexual predator, the offender

20  must be designated as a sexual predator, must register or be

21  registered as a sexual predator with the department as

22  provided in subsection (6), and is subject to the community

23  and public notification as provided in subsection (7). If the

24  court does not make a written finding that the offender is a

25  sexual predator, the offender may not be designated as a

26  sexual predator with respect to that offense and is not

27  required to register or be registered as a sexual predator

28  with the department.

29         Section 7.  For the purpose of incorporating the

30  amendments made by this act to section 787.01, Florida

31


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  1  Statutes, in references thereto, section 903.133, Florida

  2  Statutes, is reenacted to read:

  3         903.133  Bail on appeal; prohibited for certain felony

  4  convictions.--Notwithstanding the provisions of s. 903.132, no

  5  person adjudged guilty of a felony of the first degree for a

  6  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

  7  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

  8  violation of s. 794.011(2) or (3), shall be admitted to bail

  9  pending review either by posttrial motion or appeal.

10         Section 8.  For the purpose of incorporating the

11  amendments made by this act to sections 787.01 and 787.02,

12  Florida Statutes, in references thereto, section 910.14,

13  Florida Statutes, is reenacted to read:

14         910.14  Kidnapping.--A person who commits an offense

15  provided for in s. 787.01 or s. 787.02 may be tried in any

16  county in which the person's victim has been taken or confined

17  during the course of the offense.

18         Section 9.  For the purpose of incorporating the

19  amendments made by this act to sections 787.01 and 787.02,

20  Florida Statutes, in references thereto, paragraphs (f), (i),

21  and (j) of subsection (3) of section 921.0022, Florida

22  Statutes, are reenacted and amended to read:

23         921.0022  Criminal Punishment Code; offense severity

24  ranking chart.--

25         (3)  OFFENSE SEVERITY RANKING CHART

26

27  Florida           Felony

28  Statute           Degree             Description

29

30

31                              (f)  LEVEL 6


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  1  316.027(1)(b)      2nd      Accident involving death, failure

  2                              to stop; leaving scene.

  3  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

  4                              conviction.

  5  775.0875(1)        3rd      Taking firearm from law

  6                              enforcement officer.

  7  775.21(10)         3rd      Sexual predators; failure to

  8                              register; failure to renew

  9                              driver's license or

10                              identification card.

11  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

12                              without intent to kill.

13  784.021(1)(b)      3rd      Aggravated assault; intent to

14                              commit felony.

15  784.041            3rd      Felony battery.

16  784.048(3)         3rd      Aggravated stalking; credible

17                              threat.

18  784.048(5)         3rd      Aggravated stalking of person

19                              under 16.

20  784.07(2)(c)       2nd      Aggravated assault on law

21                              enforcement officer.

22  784.074(1)(b)      2nd      Aggravated assault on sexually

23                              violent predators facility staff.

24  784.08(2)(b)       2nd      Aggravated assault on a person 65

25                              years of age or older.

26  784.081(2)         2nd      Aggravated assault on specified

27                              official or employee.

28  784.082(2)         2nd      Aggravated assault by detained

29                              person on visitor or other

30                              detainee.

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  1  784.083(2)         2nd      Aggravated assault on code

  2                              inspector.

  3  787.02(2)          3rd      False imprisonment; restraining

  4                              with purpose other than those in

  5                              s. 787.01.

  6  790.115(2)(d)      2nd      Discharging firearm or weapon on

  7                              school property.

  8  790.161(2)         2nd      Make, possess, or throw

  9                              destructive device with intent to

10                              do bodily harm or damage

11                              property.

12  790.164(1)         2nd      False report of deadly explosive

13                              or act of arson or violence to

14                              state property.

15  790.19             2nd      Shooting or throwing deadly

16                              missiles into dwellings, vessels,

17                              or vehicles.

18  794.011(8)(a)      3rd      Solicitation of minor to

19                              participate in sexual activity by

20                              custodial adult.

21  794.05(1)          2nd      Unlawful sexual activity with

22                              specified minor.

23  800.04(5)(d)       3rd      Lewd or lascivious molestation;

24                              victim 12 years of age or older

25                              but less than 16 years; offender

26                              less than 18 years.

27  800.04(6)(b)       2nd      Lewd or lascivious conduct;

28                              offender 18 years of age or

29                              older.

30

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  1  806.031(2)         2nd      Arson resulting in great bodily

  2                              harm to firefighter or any other

  3                              person.

  4  810.02(3)(c)       2nd      Burglary of occupied structure;

  5                              unarmed; no assault or battery.

  6  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

  7                              but less than $100,000, grand

  8                              theft in 2nd degree.

  9  812.014(2)(b)2.    2nd      Property stolen cargo valued at

10                              less than $50,000, grand theft in

11                              2nd degree.

12  812.015(9)         2nd      Retail theft; property stolen

13                              $300 or more; second or

14                              subsequent conviction.

15  812.13(2)(c)       2nd      Robbery, no firearm or other

16                              weapon (strong-arm robbery).

17  817.034(4)(a)1.    1st      Communications fraud, value

18                              greater than $50,000.

19  817.4821(5)        2nd      Possess cloning paraphernalia

20                              with intent to create cloned

21                              cellular telephones.

22  825.102(1)         3rd      Abuse of an elderly person or

23                              disabled adult.

24  825.102(3)(c)      3rd      Neglect of an elderly person or

25                              disabled adult.

26  825.1025(3)        3rd      Lewd or lascivious molestation of

27                              an elderly person or disabled

28                              adult.

29  825.103(2)(c)      3rd      Exploiting an elderly person or

30                              disabled adult and property is

31                              valued at less than $20,000.


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  1  827.03(1)          3rd      Abuse of a child.

  2  827.03(3)(c)       3rd      Neglect of a child.

  3  827.071(2)&(3)     2nd      Use or induce a child in a sexual

  4                              performance, or promote or direct

  5                              such performance.

  6  836.05             2nd      Threats; extortion.

  7  836.10             2nd      Written threats to kill or do

  8                              bodily injury.

  9  843.12             3rd      Aids or assists person to escape.

10  847.0135(3)        3rd      Solicitation of a child, via a

11                              computer service, to commit an

12                              unlawful sex act.

13  914.23             2nd      Retaliation against a witness,

14                              victim, or informant, with bodily

15                              injury.

16  943.0435(9)        3rd      Sex offenders; failure to comply

17                              with reporting requirements.

18  944.35(3)(a)2.     3rd      Committing malicious battery upon

19                              or inflicting cruel or inhuman

20                              treatment on an inmate or

21                              offender on community

22                              supervision, resulting in great

23                              bodily harm.

24  944.40             2nd      Escapes.

25  944.46             3rd      Harboring, concealing, aiding

26                              escaped prisoners.

27  944.47(1)(a)5.     2nd      Introduction of contraband

28                              (firearm, weapon, or explosive)

29                              into correctional facility.

30

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  1  951.22(1)          3rd      Intoxicating drug, firearm, or

  2                              weapon introduced into county

  3                              facility.

  4                              (i)  LEVEL 9

  5  316.193

  6   (3)(c)3.b.        1st      DUI manslaughter; failing to

  7                              render aid or give information.

  8  560.123(8)(b)3.    1st      Failure to report currency or

  9                              payment instruments totaling or

10                              exceeding $100,000 by money

11                              transmitter.

12  560.125(5)(c)      1st      Money transmitter business by

13                              unauthorized person, currency, or

14                              payment instruments totaling or

15                              exceeding $100,000.

16  655.50(10)(b)3.    1st      Failure to report financial

17                              transactions totaling or

18                              exceeding $100,000 by financial

19                              institution.

20  755.0844           1st      Aggravated white collar crime.

21  782.04(1)          1st      Attempt, conspire, or solicit to

22                              commit premeditated murder.

23  782.04(3)          1st,PBL   Accomplice to murder in

24                              connection with arson, sexual

25                              battery, robbery, burglary, and

26                              other specified felonies.

27  782.051(1)         1st      Attempted felony murder while

28                              perpetrating or attempting to

29                              perpetrate a felony enumerated in

30                              s. 782.04(3).

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  1  782.07(2)          1st      Aggravated manslaughter of an

  2                              elderly person or disabled adult.

  3  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

  4                              reward or as a shield or hostage.

  5  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

  6                              or facilitate commission of any

  7                              felony.

  8  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  9                              interfere with performance of any

10                              governmental or political

11                              function.

12  787.02(3)(a)       1st      False imprisonment; child under

13                              age 16 13; perpetrator also

14                              commits aggravated child abuse,

15                              sexual battery, or lewd or

16                              lascivious battery, molestation,

17                              conduct, or exhibition.

18  790.161            1st      Attempted capital destructive

19                              device offense.

20  790.166(2)         1st,PBL  Possessing, selling, using, or

21                              attempting to use a weapon of

22                              mass destruction.

23  794.011(2)         1st      Attempted sexual battery; victim

24                              less than 12 years of age.

25  794.011(2)         Life     Sexual battery; offender younger

26                              than 18 years and commits sexual

27                              battery on a person less than 12

28                              years.

29  794.011(4)         1st      Sexual battery; victim 12 years

30                              or older, certain circumstances.

31


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    CS for SB 1026                                 First Engrossed



  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  827.03(2)          1st      Aggravated child abuse.

13  847.0145(1)        1st      Selling, or otherwise

14                              transferring custody or control,

15                              of a minor.

16  847.0145(2)        1st      Purchasing, or otherwise

17                              obtaining custody or control, of

18                              a minor.

19  859.01             1st      Poisoning food, drink, medicine,

20                              or water with intent to kill or

21                              injure another person.

22  893.135            1st      Attempted capital trafficking

23                              offense.

24  893.135(1)(a)3.    1st      Trafficking in cannabis, more

25                              than 10,000 lbs.

26  893.135

27   (1)(b)1.c.        1st      Trafficking in cocaine, more than

28                              400 grams, less than 150

29                              kilograms.

30

31


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    CS for SB 1026                                 First Engrossed



  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

  6   (1)(d)1.c.        1st      Trafficking in phencyclidine,

  7                              more than 400 grams.

  8  893.135

  9   (1)(e)1.c.        1st      Trafficking in methaqualone, more

10                              than 25 kilograms.

11  893.135

12   (1)(f)1.c.        1st      Trafficking in amphetamine, more

13                              than 200 grams.

14  893.135

15   (1)(h)1.c.        1st      Trafficking in

16                              gamma-hydroxybutyric acid (GHB),

17                              10 kilograms or more.

18  893.135

19   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10

20                              kilograms or more.

21  893.135

22   (1)(j)2.c.        1st      Trafficking in Phenethylamines,

23                              400 grams or more.

24  896.101(5)(c)      1st      Money laundering, financial

25                              instruments totaling or exceeding

26                              $100,000.

27  896.104(4)(a)3.    1st      Structuring transactions to evade

28                              reporting or registration

29                              requirements, financial

30                              transactions totaling or

31                              exceeding $100,000.


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    CS for SB 1026                                 First Engrossed



  1                              (j)  LEVEL 10

  2  782.04(2)          1st,PBL  Unlawful killing of human; act is

  3                              homicide, unpremeditated.

  4  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

  5                              upon or terrorize victim.

  6  787.01(3)(a)       Life     Kidnapping; child under age 16

  7                              13, perpetrator also commits

  8                              aggravated child abuse, sexual

  9                              battery, or lewd or lascivious

10                              battery, molestation, conduct, or

11                              exhibition.

12  782.07(3)          1st      Aggravated manslaughter of a

13                              child.

14  794.011(3)         Life     Sexual battery; victim 12 years

15                              or older, offender uses or

16                              threatens to use deadly weapon or

17                              physical force to cause serious

18                              injury.

19  876.32             1st      Treason against the state.

20         Section 10.  For the purpose of incorporating the

21  amendments made by this act to sections 787.01, 787.02, and

22  787.025, Florida Statutes, in references thereto, paragraph

23  (a) of subsection (1) of section 943.0435, Florida Statutes,

24  is reenacted to read:

25         943.0435  Sexual offenders required to register with

26  the department; penalty.--

27         (1)  As used in this section, the term:

28         (a)  "Sexual offender" means a person who has been:

29         1.  Convicted of committing, or attempting, soliciting,

30  or conspiring to commit, any of the criminal offenses

31  proscribed in the following statutes in this state or similar


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    CS for SB 1026                                 First Engrossed



  1  offenses in another jurisdiction: s. 787.01, s. 787.02, or s.

  2  787.025, where the victim is a minor and the defendant is not

  3  the victim's parent; chapter 794, excluding ss. 794.011(10)

  4  and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071;

  5  s. 847.0133; s. 847.0135; s. 847.0145; or any similar offense

  6  committed in this state which has been redesignated from a

  7  former statute number to one of those listed in this

  8  subparagraph.

  9         2.  Released on or after October 1, 1997, from the

10  sanction imposed for any conviction of an offense described in

11  subparagraph 1. For purposes of subparagraph 1., a sanction

12  imposed in this state or in any other jurisdiction includes,

13  but is not limited to, a fine, probation, community control,

14  parole, conditional release, control release, or incarceration

15  in a state prison, federal prison, private correctional

16  facility, or local detention facility.

17         Section 11.  For the purpose of incorporating the

18  amendments made by this act to section 787.025, Florida

19  Statutes, in references thereto, section 943.0585, Florida

20  Statutes, is reenacted to read:

21         943.0585  Court-ordered expunction of criminal history

22  records.--The courts of this state have jurisdiction over

23  their own procedures, including the maintenance, expunction,

24  and correction of judicial records containing criminal history

25  information to the extent such procedures are not inconsistent

26  with the conditions, responsibilities, and duties established

27  by this section. Any court of competent jurisdiction may order

28  a criminal justice agency to expunge the criminal history

29  record of a minor or an adult who complies with the

30  requirements of this section. The court shall not order a

31  criminal justice agency to expunge a criminal history record


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    CS for SB 1026                                 First Engrossed



  1  until the person seeking to expunge a criminal history record

  2  has applied for and received a certificate of eligibility for

  3  expunction pursuant to subsection (2). A criminal history

  4  record that relates to a violation of s. 787.025, chapter 794,

  5  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

  6  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

  7  893.135, or a violation enumerated in s. 907.041 may not be

  8  expunged, without regard to whether adjudication was withheld,

  9  if the defendant was found guilty of or pled guilty or nolo

10  contendere to the offense, or if the defendant, as a minor,

11  was found to have committed, or pled guilty or nolo contendere

12  to committing, the offense as a delinquent act. The court may

13  only order expunction of a criminal history record pertaining

14  to one arrest or one incident of alleged criminal activity,

15  except as provided in this section. The court may, at its sole

16  discretion, order the expunction of a criminal history record

17  pertaining to more than one arrest if the additional arrests

18  directly relate to the original arrest. If the court intends

19  to order the expunction of records pertaining to such

20  additional arrests, such intent must be specified in the

21  order. A criminal justice agency may not expunge any record

22  pertaining to such additional arrests if the order to expunge

23  does not articulate the intention of the court to expunge a

24  record pertaining to more than one arrest. This section does

25  not prevent the court from ordering the expunction of only a

26  portion of a criminal history record pertaining to one arrest

27  or one incident of alleged criminal activity. Notwithstanding

28  any law to the contrary, a criminal justice agency may comply

29  with laws, court orders, and official requests of other

30  jurisdictions relating to expunction, correction, or

31  confidential handling of criminal history records or


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    CS for SB 1026                                 First Engrossed



  1  information derived therefrom. This section does not confer

  2  any right to the expunction of any criminal history record,

  3  and any request for expunction of a criminal history record

  4  may be denied at the sole discretion of the court.

  5         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

  6  RECORD.--Each petition to a court to expunge a criminal

  7  history record is complete only when accompanied by:

  8         (a)  A certificate of eligibility for expunction issued

  9  by the department pursuant to subsection (2).

10         (b)  The petitioner's sworn statement attesting that

11  the petitioner:

12         1.  Has never, prior to the date on which the petition

13  is filed, been adjudicated guilty of a criminal offense or

14  comparable ordinance violation or adjudicated delinquent for

15  committing a felony or a misdemeanor specified in s.

16  943.051(3)(b).

17         2.  Has not been adjudicated guilty of, or adjudicated

18  delinquent for committing, any of the acts stemming from the

19  arrest or alleged criminal activity to which the petition

20  pertains.

21         3.  Has never secured a prior sealing or expunction of

22  a criminal history record under this section, former s.

23  893.14, former s. 901.33, or former s. 943.058, or from any

24  jurisdiction outside the state.

25         4.  Is eligible for such an expunction to the best of

26  his or her knowledge or belief and does not have any other

27  petition to expunge or any petition to seal pending before any

28  court.

29

30  Any person who knowingly provides false information on such

31  sworn statement to the court commits a felony of the third


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    CS for SB 1026                                 First Engrossed



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

  2  s. 775.084.

  3         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

  4  to petitioning the court to expunge a criminal history record,

  5  a person seeking to expunge a criminal history record shall

  6  apply to the department for a certificate of eligibility for

  7  expunction. The department shall, by rule adopted pursuant to

  8  chapter 120, establish procedures pertaining to the

  9  application for and issuance of certificates of eligibility

10  for expunction. The department shall issue a certificate of

11  eligibility for expunction to a person who is the subject of a

12  criminal history record if that person:

13         (a)  Has obtained, and submitted to the department, a

14  written, certified statement from the appropriate state

15  attorney or statewide prosecutor which indicates:

16         1.  That an indictment, information, or other charging

17  document was not filed or issued in the case.

18         2.  That an indictment, information, or other charging

19  document, if filed or issued in the case, was dismissed or

20  nolle prosequi by the state attorney or statewide prosecutor,

21  or was dismissed by a court of competent jurisdiction.

22         3.  That the criminal history record does not relate to

23  a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,

24  s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133,

25  s. 847.0135, s. 847.0145, s. 893.135, or a violation

26  enumerated in s. 907.041, where the defendant was found guilty

27  of, or pled guilty or nolo contendere to any such offense, or

28  that the defendant, as a minor, was found to have committed,

29  or pled guilty or nolo contendere to committing, such an

30  offense as a delinquent act, without regard to whether

31  adjudication was withheld.


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    CS for SB 1026                                 First Engrossed



  1         (b)  Remits a $75 processing fee to the department for

  2  placement in the Department of Law Enforcement Operating Trust

  3  Fund, unless such fee is waived by the executive director.

  4         (c)  Has submitted to the department a certified copy

  5  of the disposition of the charge to which the petition to

  6  expunge pertains.

  7         (d)  Has never, prior to the date on which the

  8  application for a certificate of eligibility is filed, been

  9  adjudicated guilty of a criminal offense or comparable

10  ordinance violation or adjudicated delinquent for committing a

11  felony or a misdemeanor specified in s. 943.051(3)(b).

12         (e)  Has not been adjudicated guilty of, or adjudicated

13  delinquent for committing, any of the acts stemming from the

14  arrest or alleged criminal activity to which the petition to

15  expunge pertains.

16         (f)  Has never secured a prior sealing or expunction of

17  a criminal history record under this section, former s.

18  893.14, former s. 901.33, or former s. 943.058.

19         (g)  Is no longer under court supervision applicable to

20  the disposition of the arrest or alleged criminal activity to

21  which the petition to expunge pertains.

22         (h)  Is not required to wait a minimum of 10 years

23  prior to being eligible for an expunction of such records

24  because all charges related to the arrest or criminal activity

25  to which the petition to expunge pertains were dismissed prior

26  to trial, adjudication, or the withholding of adjudication.

27  Otherwise, such criminal history record must be sealed under

28  this section, former s. 893.14, former s. 901.33, or former s.

29  943.058 for at least 10 years before such record is eligible

30  for expunction.

31         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--


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    CS for SB 1026                                 First Engrossed



  1         (a)  In judicial proceedings under this section, a copy

  2  of the completed petition to expunge shall be served upon the

  3  appropriate state attorney or the statewide prosecutor and

  4  upon the arresting agency; however, it is not necessary to

  5  make any agency other than the state a party. The appropriate

  6  state attorney or the statewide prosecutor and the arresting

  7  agency may respond to the court regarding the completed

  8  petition to expunge.

  9         (b)  If relief is granted by the court, the clerk of

10  the court shall certify copies of the order to the appropriate

11  state attorney or the statewide prosecutor and the arresting

12  agency. The arresting agency is responsible for forwarding the

13  order to any other agency to which the arresting agency

14  disseminated the criminal history record information to which

15  the order pertains. The department shall forward the order to

16  expunge to the Federal Bureau of Investigation. The clerk of

17  the court shall certify a copy of the order to any other

18  agency which the records of the court reflect has received the

19  criminal history record from the court.

20         (c)  For an order to expunge entered by a court prior

21  to July 1, 1992, the department shall notify the appropriate

22  state attorney or statewide prosecutor of an order to expunge

23  which is contrary to law because the person who is the subject

24  of the record has previously been convicted of a crime or

25  comparable ordinance violation or has had a prior criminal

26  history record sealed or expunged. Upon receipt of such

27  notice, the appropriate state attorney or statewide prosecutor

28  shall take action, within 60 days, to correct the record and

29  petition the court to void the order to expunge. The

30  department shall seal the record until such time as the order

31  is voided by the court.


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    CS for SB 1026                                 First Engrossed



  1         (d)  On or after July 1, 1992, the department or any

  2  other criminal justice agency is not required to act on an

  3  order to expunge entered by a court when such order does not

  4  comply with the requirements of this section. Upon receipt of

  5  such an order, the department must notify the issuing court,

  6  the appropriate state attorney or statewide prosecutor, the

  7  petitioner or the petitioner's attorney, and the arresting

  8  agency of the reason for noncompliance. The appropriate state

  9  attorney or statewide prosecutor shall take action within 60

10  days to correct the record and petition the court to void the

11  order. No cause of action, including contempt of court, shall

12  arise against any criminal justice agency for failure to

13  comply with an order to expunge when the petitioner for such

14  order failed to obtain the certificate of eligibility as

15  required by this section or such order does not otherwise

16  comply with the requirements of this section.

17         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

18  criminal history record of a minor or an adult which is

19  ordered expunged by a court of competent jurisdiction pursuant

20  to this section must be physically destroyed or obliterated by

21  any criminal justice agency having custody of such record;

22  except that any criminal history record in the custody of the

23  department must be retained in all cases. A criminal history

24  record ordered expunged that is retained by the department is

25  confidential and exempt from the provisions of s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution and not

27  available to any person or entity except upon order of a court

28  of competent jurisdiction. A criminal justice agency may

29  retain a notation indicating compliance with an order to

30  expunge.

31


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    CS for SB 1026                                 First Engrossed



  1         (a)  The person who is the subject of a criminal

  2  history record that is expunged under this section or under

  3  other provisions of law, including former s. 893.14, former s.

  4  901.33, and former s. 943.058, may lawfully deny or fail to

  5  acknowledge the arrests covered by the expunged record, except

  6  when the subject of the record:

  7         1.  Is a candidate for employment with a criminal

  8  justice agency;

  9         2.  Is a defendant in a criminal prosecution;

10         3.  Concurrently or subsequently petitions for relief

11  under this section or s. 943.059;

12         4.  Is a candidate for admission to The Florida Bar;

13         5.  Is seeking to be employed or licensed by or to

14  contract with the Department of Children and Family Services

15  or the Department of Juvenile Justice or to be employed or

16  used by such contractor or licensee in a sensitive position

17  having direct contact with children, the developmentally

18  disabled, the aged, or the elderly as provided in s.

19  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

20  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

21  985.407, or chapter 400; or

22         6.  Is seeking to be employed or licensed by the Office

23  of Teacher Education, Certification, Staff Development, and

24  Professional Practices of the Department of Education, any

25  district school board, or any local governmental entity that

26  licenses child care facilities.

27         (b)  Subject to the exceptions in paragraph (a), a

28  person who has been granted an expunction under this section,

29  former s. 893.14, former s. 901.33, or former s. 943.058 may

30  not be held under any provision of law of this state to commit

31  perjury or to be otherwise liable for giving a false statement


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    CS for SB 1026                                 First Engrossed



  1  by reason of such person's failure to recite or acknowledge an

  2  expunged criminal history record.

  3         (c)  Information relating to the existence of an

  4  expunged criminal history record which is provided in

  5  accordance with paragraph (a) is confidential and exempt from

  6  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

  7  State Constitution, except that the department shall disclose

  8  the existence of a criminal history record ordered expunged to

  9  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

10  for their respective licensing and employment purposes, and to

11  criminal justice agencies for their respective criminal

12  justice purposes. It is unlawful for any employee of an entity

13  set forth in subparagraph (a)1., subparagraph (a)4.,

14  subparagraph (a)5., or subparagraph (a)6. to disclose

15  information relating to the existence of an expunged criminal

16  history record of a person seeking employment or licensure

17  with such entity or contractor, except to the person to whom

18  the criminal history record relates or to persons having

19  direct responsibility for employment or licensure decisions.

20  Any person who violates this paragraph commits a misdemeanor

21  of the first degree, punishable as provided in s. 775.082 or

22  s. 775.083.

23         (5)  STATUTORY REFERENCES.--Any reference to any other

24  chapter, section, or subdivision of the Florida Statutes in

25  this section constitutes a general reference under the

26  doctrine of incorporation by reference.

27         Section 12.  For the purpose of incorporating the

28  amendments made by this act to section 787.025, Florida

29  Statutes, in references thereto, section 943.059, Florida

30  Statutes, is reenacted to read:

31


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    CS for SB 1026                                 First Engrossed



  1         943.059  Court-ordered sealing of criminal history

  2  records.--The courts of this state shall continue to have

  3  jurisdiction over their own procedures, including the

  4  maintenance, sealing, and correction of judicial records

  5  containing criminal history information to the extent such

  6  procedures are not inconsistent with the conditions,

  7  responsibilities, and duties established by this section. Any

  8  court of competent jurisdiction may order a criminal justice

  9  agency to seal the criminal history record of a minor or an

10  adult who complies with the requirements of this section. The

11  court shall not order a criminal justice agency to seal a

12  criminal history record until the person seeking to seal a

13  criminal history record has applied for and received a

14  certificate of eligibility for sealing pursuant to subsection

15  (2). A criminal history record that relates to a violation of

16  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

17  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

18  s. 847.0145, s. 893.135, or a violation enumerated in s.

19  907.041 may not be sealed, without regard to whether

20  adjudication was withheld, if the defendant was found guilty

21  of or pled guilty or nolo contendere to the offense, or if the

22  defendant, as a minor, was found to have committed or pled

23  guilty or nolo contendere to committing the offense as a

24  delinquent act. The court may only order sealing of a criminal

25  history record pertaining to one arrest or one incident of

26  alleged criminal activity, except as provided in this section.

27  The court may, at its sole discretion, order the sealing of a

28  criminal history record pertaining to more than one arrest if

29  the additional arrests directly relate to the original arrest.

30  If the court intends to order the sealing of records

31  pertaining to such additional arrests, such intent must be


                                  29

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    CS for SB 1026                                 First Engrossed



  1  specified in the order. A criminal justice agency may not seal

  2  any record pertaining to such additional arrests if the order

  3  to seal does not articulate the intention of the court to seal

  4  records pertaining to more than one arrest. This section does

  5  not prevent the court from ordering the sealing of only a

  6  portion of a criminal history record pertaining to one arrest

  7  or one incident of alleged criminal activity. Notwithstanding

  8  any law to the contrary, a criminal justice agency may comply

  9  with laws, court orders, and official requests of other

10  jurisdictions relating to sealing, correction, or confidential

11  handling of criminal history records or information derived

12  therefrom. This section does not confer any right to the

13  sealing of any criminal history record, and any request for

14  sealing a criminal history record may be denied at the sole

15  discretion of the court.

16         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

17  petition to a court to seal a criminal history record is

18  complete only when accompanied by:

19         (a)  A certificate of eligibility for sealing issued by

20  the department pursuant to subsection (2).

21         (b)  The petitioner's sworn statement attesting that

22  the petitioner:

23         1.  Has never, prior to the date on which the petition

24  is filed, been adjudicated guilty of a criminal offense or

25  comparable ordinance violation or adjudicated delinquent for

26  committing a felony or a misdemeanor specified in s.

27  943.051(3)(b).

28         2.  Has not been adjudicated guilty of or adjudicated

29  delinquent for committing any of the acts stemming from the

30  arrest or alleged criminal activity to which the petition to

31  seal pertains.


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    CS for SB 1026                                 First Engrossed



  1         3.  Has never secured a prior sealing or expunction of

  2  a criminal history record under this section, former s.

  3  893.14, former s. 901.33, former s. 943.058, or from any

  4  jurisdiction outside the state.

  5         4.  Is eligible for such a sealing to the best of his

  6  or her knowledge or belief and does not have any other

  7  petition to seal or any petition to expunge pending before any

  8  court.

  9

10  Any person who knowingly provides false information on such

11  sworn statement to the court commits a felony of the third

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

13  s. 775.084.

14         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

15  petitioning the court to seal a criminal history record, a

16  person seeking to seal a criminal history record shall apply

17  to the department for a certificate of eligibility for

18  sealing. The department shall, by rule adopted pursuant to

19  chapter 120, establish procedures pertaining to the

20  application for and issuance of certificates of eligibility

21  for sealing. The department shall issue a certificate of

22  eligibility for sealing to a person who is the subject of a

23  criminal history record provided that such person:

24         (a)  Has submitted to the department a certified copy

25  of the disposition of the charge to which the petition to seal

26  pertains.

27         (b)  Remits a $75 processing fee to the department for

28  placement in the Department of Law Enforcement Operating Trust

29  Fund, unless such fee is waived by the executive director.

30         (c)  Has never, prior to the date on which the

31  application for a certificate of eligibility is filed, been


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    CS for SB 1026                                 First Engrossed



  1  adjudicated guilty of a criminal offense or comparable

  2  ordinance violation or adjudicated delinquent for committing a

  3  felony or a misdemeanor specified in s. 943.051(3)(b).

  4         (d)  Has not been adjudicated guilty of or adjudicated

  5  delinquent for committing any of the acts stemming from the

  6  arrest or alleged criminal activity to which the petition to

  7  seal pertains.

  8         (e)  Has never secured a prior sealing or expunction of

  9  a criminal history record under this section, former s.

10  893.14, former s. 901.33, or former s. 943.058.

11         (f)  Is no longer under court supervision applicable to

12  the disposition of the arrest or alleged criminal activity to

13  which the petition to seal pertains.

14         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

15         (a)  In judicial proceedings under this section, a copy

16  of the completed petition to seal shall be served upon the

17  appropriate state attorney or the statewide prosecutor and

18  upon the arresting agency; however, it is not necessary to

19  make any agency other than the state a party. The appropriate

20  state attorney or the statewide prosecutor and the arresting

21  agency may respond to the court regarding the completed

22  petition to seal.

23         (b)  If relief is granted by the court, the clerk of

24  the court shall certify copies of the order to the appropriate

25  state attorney or the statewide prosecutor and to the

26  arresting agency. The arresting agency is responsible for

27  forwarding the order to any other agency to which the

28  arresting agency disseminated the criminal history record

29  information to which the order pertains. The department shall

30  forward the order to seal to the Federal Bureau of

31  Investigation. The clerk of the court shall certify a copy of


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    CS for SB 1026                                 First Engrossed



  1  the order to any other agency which the records of the court

  2  reflect has received the criminal history record from the

  3  court.

  4         (c)  For an order to seal entered by a court prior to

  5  July 1, 1992, the department shall notify the appropriate

  6  state attorney or statewide prosecutor of any order to seal

  7  which is contrary to law because the person who is the subject

  8  of the record has previously been convicted of a crime or

  9  comparable ordinance violation or has had a prior criminal

10  history record sealed or expunged. Upon receipt of such

11  notice, the appropriate state attorney or statewide prosecutor

12  shall take action, within 60 days, to correct the record and

13  petition the court to void the order to seal. The department

14  shall seal the record until such time as the order is voided

15  by the court.

16         (d)  On or after July 1, 1992, the department or any

17  other criminal justice agency is not required to act on an

18  order to seal entered by a court when such order does not

19  comply with the requirements of this section. Upon receipt of

20  such an order, the department must notify the issuing court,

21  the appropriate state attorney or statewide prosecutor, the

22  petitioner or the petitioner's attorney, and the arresting

23  agency of the reason for noncompliance. The appropriate state

24  attorney or statewide prosecutor shall take action within 60

25  days to correct the record and petition the court to void the

26  order. No cause of action, including contempt of court, shall

27  arise against any criminal justice agency for failure to

28  comply with an order to seal when the petitioner for such

29  order failed to obtain the certificate of eligibility as

30  required by this section or when such order does not comply

31  with the requirements of this section.


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    CS for SB 1026                                 First Engrossed



  1         (e)  An order sealing a criminal history record

  2  pursuant to this section does not require that such record be

  3  surrendered to the court, and such record shall continue to be

  4  maintained by the department and other criminal justice

  5  agencies.

  6         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

  7  criminal history record of a minor or an adult which is

  8  ordered sealed by a court of competent jurisdiction pursuant

  9  to this section is confidential and exempt from the provisions

10  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

11  and is available only to the person who is the subject of the

12  record, to the subject's attorney, to criminal justice

13  agencies for their respective criminal justice purposes, or to

14  those entities set forth in subparagraphs (a)1., 4., 5., and

15  6. for their respective licensing and employment purposes.

16         (a)  The subject of a criminal history record sealed

17  under this section or under other provisions of law, including

18  former s. 893.14, former s. 901.33, and former s. 943.058, may

19  lawfully deny or fail to acknowledge the arrests covered by

20  the sealed record, except when the subject of the record:

21         1.  Is a candidate for employment with a criminal

22  justice agency;

23         2.  Is a defendant in a criminal prosecution;

24         3.  Concurrently or subsequently petitions for relief

25  under this section or s. 943.0585;

26         4.  Is a candidate for admission to The Florida Bar;

27         5.  Is seeking to be employed or licensed by or to

28  contract with the Department of Children and Family Services

29  or the Department of Juvenile Justice or to be employed or

30  used by such contractor or licensee in a sensitive position

31  having direct contact with children, the developmentally


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    CS for SB 1026                                 First Engrossed



  1  disabled, the aged, or the elderly as provided in s.

  2  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

  3  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

  4  415.103, s. 985.407, or chapter 400; or

  5         6.  Is seeking to be employed or licensed by the Office

  6  of Teacher Education, Certification, Staff Development, and

  7  Professional Practices of the Department of Education, any

  8  district school board, or any local governmental entity which

  9  licenses child care facilities.

10         (b)  Subject to the exceptions in paragraph (a), a

11  person who has been granted a sealing under this section,

12  former s. 893.14, former s. 901.33, or former s. 943.058 may

13  not be held under any provision of law of this state to commit

14  perjury or to be otherwise liable for giving a false statement

15  by reason of such person's failure to recite or acknowledge a

16  sealed criminal history record.

17         (c)  Information relating to the existence of a sealed

18  criminal record provided in accordance with the provisions of

19  paragraph (a) is confidential and exempt from the provisions

20  of s. 119.07(1) and s. 24(a), Art. I of the State

21  Constitution, except that the department shall disclose the

22  sealed criminal history record to the entities set forth in

23  subparagraphs (a)1., 4., 5., and 6. for their respective

24  licensing and employment purposes. It is unlawful for any

25  employee of an entity set forth in subparagraph (a)1.,

26  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

27  to disclose information relating to the existence of a sealed

28  criminal history record of a person seeking employment or

29  licensure with such entity or contractor, except to the person

30  to whom the criminal history record relates or to persons

31  having direct responsibility for employment or licensure


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    CS for SB 1026                                 First Engrossed



  1  decisions. Any person who violates the provisions of this

  2  paragraph commits a misdemeanor of the first degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         (5)  STATUTORY REFERENCES.--Any reference to any other

  5  chapter, section, or subdivision of the Florida Statutes in

  6  this section constitutes a general reference under the

  7  doctrine of incorporation by reference.

  8         Section 13.  For the purpose of incorporating the

  9  amendments made by this act to sections 787.01, 787.02, and

10  787.025, Florida Statutes, in references thereto, paragraph

11  (b) of subsection (1) of section 944.606, Florida Statutes, is

12  reenacted to read:

13         944.606  Sexual offenders; notification upon release.--

14         (1)  As used in this section:

15         (b)  "Sexual offender" means a person who has been

16  convicted of committing, or attempting, soliciting, or

17  conspiring to commit, any of the criminal offenses proscribed

18  in the following statutes in this state or similar offenses in

19  another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,

20  where the victim is a minor and the defendant is not the

21  victim's parent; chapter 794, excluding ss. 794.011(10) and

22  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

23  847.0133; s. 847.0135; s. 847.0145; or any similar offense

24  committed in this state which has been redesignated from a

25  former statute number to one of those listed in this

26  subsection, when the department has received verified

27  information regarding such conviction; an offender's

28  computerized criminal history record is not, in and of itself,

29  verified information.

30         Section 14.  For the purpose of incorporating the

31  amendments made by this act to sections 787.01, 787.02, and


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    CS for SB 1026                                 First Engrossed



  1  787.025, Florida Statutes, in references thereto, paragraph

  2  (a) of subsection (1) of section 944.607, Florida Statutes, is

  3  reenacted to read:

  4         944.607  Notification to Department of Law Enforcement

  5  of information on sexual offenders.--

  6         (1)  As used in this section, the term:

  7         (a)  "Sexual offender" means a person who is in the

  8  custody or control of, or under the supervision of, the

  9  department or is in the custody of a private correctional

10  facility on or after October 1, 1997, as a result of a

11  conviction for committing, or attempting, soliciting, or

12  conspiring to commit, any of the criminal offenses proscribed

13  in the following statutes in this state or similar offenses in

14  another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,

15  where the victim is a minor and the defendant is not the

16  victim's parent; chapter 794, excluding ss. 794.011(10) and

17  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

18  847.0133; s. 847.0135; s. 847.0145; or any similar offense

19  committed in this state which has been redesignated from a

20  former statute number to one of those listed in this

21  paragraph.

22         Section 15.  For the purpose of incorporating the

23  amendments made by this act to sections 787.01, 787.02, and

24  787.025, Florida Statutes, in references thereto, subsection

25  (15) of section 948.01, Florida Statutes, is reenacted to

26  read:

27         948.01  When court may place defendant on probation or

28  into community control.--

29         (15)  Effective for an offense committed on or after

30  July 1, 1998, a person is ineligible for placement on

31  administrative probation if the person is sentenced to or is


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    CS for SB 1026                                 First Engrossed



  1  serving a term of probation or community control, regardless

  2  of the conviction or adjudication, for committing, or

  3  attempting, conspiring, or soliciting to commit, any of the

  4  felony offenses described in s. 787.01 or s. 787.02, where the

  5  victim is a minor and the defendant is not the victim's

  6  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

  7  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.

  8  847.0145.

  9         Section 16.  For the purpose of incorporating the

10  amendments made by this act to section 787.025, Florida

11  Statutes, in references thereto, paragraph (a) of subsection

12  (2) of section 948.06, Florida Statutes, is reenacted to read:

13         948.06  Violation of probation or community control;

14  revocation; modification; continuance; failure to pay

15  restitution or cost of supervision.--

16         (2)(a)  When any state or local law enforcement agency

17  investigates or arrests a person for committing, or

18  attempting, soliciting, or conspiring to commit, a violation

19  of  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,

20  s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement

21  agency shall contact the Department of Corrections to verify

22  whether the person under investigation or under arrest is on

23  probation, community control, parole, conditional release, or

24  control release.

25         Section 17.  This act shall take effect October 1,

26  2002.

27

28

29

30

31


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