HB 0063 2003
1	A bill to be entitled
2	An act relating to crimes against minors; amending ss.
3	787.01 and 787.02, F.S.; revising the elements of the
4	crimes of kidnapping a minor child and false imprisonment
5	of a minor child; amending s. 787.025, F.S.; revising the
6	elements of the crime of luring or enticing a minor child
7	for an unlawful purpose; increasing the penalty imposed
8	for the offense of luring or enticing a minor child for an
9	unlawful purpose; reenacting ss. 435.03(2)(j) and (k),
10	435.04(2)(k) and (l), 775.21(4), 903.133, and 910.14,
11	F.S., relating to screening standards, the Florida Sexual
12	Predators Act, bail on appeal, and kidnapping, to
13	incorporate the amendments to ss. 787.01, 787.02, and
14	787.025, F.S., in references thereto; reenacting and
15	amending s. 921.0022(3)(i) and (j), F.S., relating to the
16	offense severity ranking chart of the Criminal Punishment
17	Code, to incorporate the amendments to ss. 787.01 and
18	787.02, F.S., in references thereto; conforming provisions
19	to changes made by the act; reenacting ss. 943.0435(1)(a),
20	943.0585, 943.059, 944.606(1)(b), 944.607(1)(a),
21	948.01(15), and 948.06(2)(a), F.S., relating to the
22	registration of sexual offenders, expunction and court-
23	ordered sealing of criminal history records, the
24	definition of the term "sexual offender," and probation
25	and community control, to incorporate the amendments to
26	ss. 787.01, 787.02, and 787.025, F.S., in references
27	thereto; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Section 787.01, Florida Statutes, is amended to
32	read:
33	787.01 Kidnapping; kidnapping of child under age1613,
34	aggravating circumstances.--
35	(1)(a) The term "kidnapping" means forcibly, secretly, or
36	by threat confining, abducting, or imprisoning another person
37	against her or his will and without lawful authority, with
38	intent to:
39	1. Hold for ransom or reward or as a shield or hostage.
40	2. Commit or facilitate commission of any felony.
41	3. Inflict bodily harm upon or to terrorize the victim or
42	another person.
43	4. Interfere with the performance of any governmental or
44	political function.
45	(b) Confinement of a child under the age of1613is
46	against her or his will within the meaning of this subsection if
47	such confinement is without the consent of her or his parent or
48	legal guardian.
49	(2) A person who kidnaps a person is guilty of a felony of
50	the first degree, punishable by imprisonment for a term of years
51	not exceeding life or as provided in s. 775.082, s. 775.083, or
52	s. 775.084.
53	(3)(a) A person who commits the offense of kidnapping upon
54	a child under the age of1613and who, in the course of
55	committing the offense, commits one or more of the following:
56	1. Aggravated child abuse, as defined in s. 827.03;
57	2. Sexual battery, as defined in chapter 794, against the
58	child;
59	3. Lewd or lascivious battery, lewd or lascivious
60	molestation, lewd or lascivious conduct, or lewd or lascivious
61	exhibition, in violation of s. 800.04;
62	4. A violation of s. 796.03 or s. 796.04, relating to
63	prostitution, upon the child; or
64	5. Exploitation of the child or allowing the child to be
65	exploited, in violation of s. 450.151,
66
67	commits a life felony, punishable as provided in s. 775.082, s.
68	775.083, or s. 775.084.
69	(b) Pursuant to s. 775.021(4), nothing contained herein
70	shall be construed to prohibit the imposition of separate
71	judgments and sentences for the life felony described in
72	paragraph (a) and for each separate offense enumerated in
73	subparagraphs (a)1.-5.
74	Section 2. Section 787.02, Florida Statutes, is amended to
75	read:
76	787.02 False imprisonment; false imprisonment of child
77	under age1613, aggravating circumstances.--
78	(1)(a) The term "false imprisonment" means forcibly, by
79	threat, or secretly confining, abducting, imprisoning, or
80	restraining another person without lawful authority and against
81	her or his will.
82	(b) Confinement of a child under the age of1613is
83	against her or his will within the meaning of this section if
84	such confinement is without the consent of her or his parent or
85	legal guardian.
86	(2) A person who commits the offense of false imprisonment
87	is guilty of a felony of the third degree, punishable as
88	provided in s. 775.082, s. 775.083, or s. 775.084.
89	(3)(a) A person who commits the offense of false
90	imprisonment upon a child under the age of1613and who, in the
91	course of committing the offense, commits any offense enumerated
92	in subparagraphs 1.-5., commits a felony of the first degree,
93	punishable by imprisonment for a term of years not exceeding
94	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
95	1. Aggravated child abuse, as defined in s. 827.03;
96	2. Sexual battery, as defined in chapter 794, against the
97	child;
98	3. Lewd or lascivious battery, lewd or lascivious
99	molestation, lewd or lascivious conduct, or lewd or lascivious
100	exhibition, in violation of s. 800.04;
101	4. A violation of s. 796.03 or s. 796.04, relating to
102	prostitution, upon the child; or
103	5. Exploitation of the child or allowing the child to be
104	exploited, in violation of s. 450.151.
105	(b) Pursuant to s. 775.021(4), nothing contained herein
106	shall be construed to prohibit the imposition of separate
107	judgments and sentences for the first degree offense described
108	in paragraph (a) and for each separate offense enumerated in
109	subparagraphs (a)1.-5.
110	Section 3. Section 787.025, Florida Statutes, is amended
111	to read:
112	787.025 Luring or enticing a child.--
113	(1) As used in this section, the term:
114	(a) "Structure" means a building of any kind, either
115	temporary or permanent, which has a roof over it, together with
116	the curtilage thereof.
117	(b) "Dwelling" means a building or conveyance of any kind,
118	either temporary or permanent, mobile or immobile, which has a
119	roof over it and is designed to be occupied by people lodging
120	together therein at night, together with the curtilage thereof.
121	(c) "Conveyance" means any motor vehicle, ship, vessel,
122	railroad car, trailer, aircraft, or sleeping car.
123	(2)(a) A person over the age of 18 who, having been
124	previously convicted of a violation of chapter 794 or s. 800.04,
125	or a violation of a similar law of another jurisdiction,
126	intentionally lures or entices, or attempts to lure or entice, a
127	child under the age of1612into a structure, dwelling, or
128	conveyance for other than a lawful purpose commits a felony of
129	thesecondthirddegree, punishable as provided in s. 775.082,
130	s. 775.083, or s. 775.084.
131	(b) For purposes of this section, the luring or enticing,
132	or attempted luring or enticing, of a child under the age of16
133	12into a structure, dwelling, or conveyance without the consent
134	of the child's parent or legal guardian shall be prima facie
135	evidence of other than a lawful purpose.
136	(3) It is an affirmative defense to a prosecution under
137	this section that:
138	(a) The person reasonably believed that his or her action
139	was necessary to prevent the child from being seriously injured.
140	(b) The person lured or enticed, or attempted to lure or
141	entice, the child under the age of1612into a structure,
142	dwelling, or conveyance for a lawful purpose.
143	(c) The person's actions were reasonable under the
144	circumstances and the defendant did not have any intent to harm
145	the health, safety, or welfare of the child.
146	Section 4. For the purpose of incorporating the amendments
147	made by this act to sections 787.01 and 787.02, Florida
148	Statutes, in references thereto, paragraphs (j) and(k) of
149	subsection (2) of section 435.03, Florida Statutes, are
150	reenacted to read:
151	435.03 Level 1 screening standards.--
152	(2) Any person for whom employment screening is required
153	by statute must not have been found guilty of, regardless of
154	adjudication, or entered a plea of nolo contendere or guilty to,
155	any offense prohibited under any of the following provisions of
156	the Florida Statutes or under any similar statute of another
157	jurisdiction:
158	(j) Section 787.01, relating to kidnapping.
159	(k) Section 787.02, relating to false imprisonment.
160	Section 5. For the purpose of incorporating the amendments
161	made by this act to sections 787.01 and 787.02, Florida
162	Statutes, in references thereto, paragraphs (k) and (l) of
163	subsection (2) of section 435.04, Florida Statutes, are
164	reenacted to read:
165	435.04 Level 2 screening standards.--
166	(2) The security background investigations under this
167	section must ensure that no persons subject to the provisions of
168	this section have been found guilty of, regardless of
169	adjudication, or entered a plea of nolo contendere or guilty to,
170	any offense prohibited under any of the following provisions of
171	the Florida Statutes or under any similar statute of another
172	jurisdiction:
173	(k) Section 787.01, relating to kidnapping.
174	(l) Section 787.02, relating to false imprisonment.
175	Section 6. For the purpose of incorporating the amendments
176	made by this act to sections 787.01, 787.02, and 787.025,
177	Florida Statutes, in references thereto, subsection (4) of
178	section 775.21, Florida Statutes, is reenacted to read:
179	775.21 The Florida Sexual Predators Act; definitions;
180	legislative findings, purpose, and intent; criteria;
181	designation; registration; community and public notification;
182	immunity; penalties.--
183	(4) SEXUAL PREDATOR CRITERIA.--
184	(a) For a current offense committed on or after October 1,
185	1993, upon conviction, an offender shall be designated as a
186	"sexual predator" under subsection (5), and subject to
187	registration under subsection (6) and community and public
188	notification under subsection (7) if:
189	1. The felony is:
190	a. A capital, life, or first-degree felony violation, or
191	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
192	is a minor and the defendant is not the victim's parent, or of
193	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
194	similar law of another jurisdiction; or
195	b. Any felony violation, or any attempt thereof, of s.
196	787.01, s. 787.02, or s. 787.025, where the victim is a minor
197	and the defendant is not the victim's parent; chapter 794,
198	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
199	825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a
200	similar law of another jurisdiction, and the offender has
201	previously been convicted of or found to have committed, or has
202	pled nolo contendere or guilty to, regardless of adjudication,
203	any violation of s. 787.01, s. 787.02, or s. 787.025, where the
204	victim is a minor and the defendant is not the victim's parent;
205	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
206	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
207	847.0145, or a violation of a similar law of another
208	jurisdiction;
209	2. The offender has not received a pardon for any felony
210	or similar law of another jurisdiction that is necessary for the
211	operation of this paragraph; and
212	3. A conviction of a felony or similar law of another
213	jurisdiction necessary to the operation of this paragraph has
214	not been set aside in any postconviction proceeding.
215	(b) In order to be counted as a prior felony for purposes
216	of this subsection, the felony must have resulted in a
217	conviction sentenced separately, or an adjudication of
218	delinquency entered separately, prior to the current offense and
219	sentenced or adjudicated separately from any other felony
220	conviction that is to be counted as a prior felony. If the
221	offender's prior enumerated felony was committed more than 10
222	years before the primary offense, it shall not be considered a
223	prior felony under this subsection if the offender has not been
224	convicted of any other crime for a period of 10 consecutive
225	years from the most recent date of release from confinement,
226	supervision, or sanction, whichever is later.
227	(c) If an offender has been registered as a sexual
228	predator by the Department of Corrections, the department, or
229	any other law enforcement agency and if:
230	1. The court did not, for whatever reason, make a written
231	finding at the time of sentencing that the offender was a sexual
232	predator; or
233	2. The offender was administratively registered as a
234	sexual predator because the Department of Corrections, the
235	department, or any other law enforcement agency obtained
236	information that indicated that the offender met the criteria
237	for designation as a sexual predator based on a violation of a
238	similar law in another jurisdiction,
239
240	the department shall remove that offender from the department's
241	list of sexual predators and, for an offender described under
242	subparagraph 1., shall notify the state attorney who prosecuted
243	the offense that met the criteria for administrative designation
244	as a sexual predator, and, for an offender described under this
245	subparagraph, shall notify the state attorney of the county
246	where the offender establishes or maintains a permanent or
247	temporary residence. The state attorney shall bring the matter
248	to the court's attention in order to establish that the offender
249	meets the criteria for designation as a sexual predator. If the
250	court makes a written finding that the offender is a sexual
251	predator, the offender must be designated as a sexual predator,
252	must register or be registered as a sexual predator with the
253	department as provided in subsection (6), and is subject to the
254	community and public notification as provided in subsection (7).
255	If the court does not make a written finding that the offender
256	is a sexual predator, the offender may not be designated as a
257	sexual predator with respect to that offense and is not required
258	to register or be registered as a sexual predator with the
259	department.
260	Section 7. For the purpose of incorporating the amendments
261	made by this act to section 787.01, Florida Statutes, in
262	references thereto, section 903.133, Florida Statutes, is
263	reenacted to read:
264	903.133 Bail on appeal; prohibited for certain felony
265	convictions.--Notwithstanding the provisions of s. 903.132, no
266	person adjudged guilty of a felony of the first degree for a
267	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
268	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
269	violation of s. 794.011(2) or (3), shall be admitted to bail
270	pending review either by posttrial motion or appeal.
271	Section 8. For the purpose of incorporating the amendments
272	made by this act to sections 787.01 and 787.02, Florida
273	Statutes, in references thereto, section 910.14, Florida
274	Statutes, is reenacted to read:
275	910.14 Kidnapping.--A person who commits an offense
276	provided for in s. 787.01 or s. 787.02 may be tried in any
277	county in which the person's victim has been taken or confined
278	during the course of the offense.
279	Section 9. For the purpose of incorporating the amendments
280	made by this act to sections 787.01 and 787.02, Florida
281	Statutes, in references thereto, paragraphs (i) and (j) of
282	subsection (3) of section 921.0022, Florida Statutes, are
283	reenacted and amended to read:
284	921.0022 Criminal Punishment Code; offense severity
285	ranking chart.--
286	(3) OFFENSE SEVERITY RANKING CHART
287	FloridaStatute FelonyDegree Description
288	(i) LEVEL 9
289	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
290	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
291	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
292	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
293	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
294	775.0844 1st Aggravated white collar crime.
295	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
296	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
297	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
298	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
299	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
300	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
301	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
302	787.02(3)(a) 1st False imprisonment; child under age 1613; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
303	790.161 1st Attempted capital destructive device offense.
304	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
305	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
306	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
307	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
308	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
309	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
310	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
311	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
312	827.03(2) 1st Aggravated child abuse.
313	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
314	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
315	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
316	893.135 1st Attempted capital trafficking offense.
317	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
318	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
319	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
320	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
321	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
322	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
323	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
324	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
325	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
326	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
327	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
328	(j) LEVEL 10
329	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
330	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
331	787.01(3)(a) Life Kidnapping; child under age 16 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
332	782.07(3) 1st Aggravated manslaughter of a child.
333	794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
334	876.32 1st Treason against the state.
335	Section 10. For the purpose of incorporating the
336	amendments made by this act to sections 787.01, 787.02, and
337	787.025, Florida Statutes, in references thereto, paragraph (a)
338	of subsection (1) of section 943.0435, Florida Statutes, is
339	amended to read:
340	943.0435 Sexual offenders required to register with the
341	department; penalty.--
342	(1) As used in this section, the term:
343	(a) "Sexual offender" means a person who:
344	1. Has been convicted of committing, or attempting,
345	soliciting, or conspiring to commit, any of the criminal
346	offenses proscribed in the following statutes in this state or
347	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
348	or s. 787.025, where the victim is a minor and the defendant is
349	not the victim's parent; chapter 794, excluding ss. 794.011(10)
350	and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
351	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
352	any similar offense committed in this state which has been
353	redesignated from a former statute number to one of those listed
354	in this subparagraph; and
355	2. Has been released on or after October 1, 1997, from the
356	sanction imposed for any conviction of an offense described in
357	subparagraph 1. For purposes of subparagraph 1., a sanction
358	imposed in this state or in any other jurisdiction includes, but
359	is not limited to, a fine, probation, community control, parole,
360	conditional release, control release, or incarceration in a
361	state prison, federal prison, private correctional facility, or
362	local detention facility; or
363	3. Establishes or maintains a residence in this state and
364	who has not been designated as a sexual predator by a court of
365	this state but who has been designated as a sexual predator, as
366	a sexually violent predator, or by another sexual offender
367	designation in another state or jurisdiction and was, as a
368	result of such designation, subjected to registration or
369	community or public notification, or both, or would be if the
370	person were a resident of that state or jurisdiction; or
371	4. Establishes or maintains a residence in this state who
372	is in the custody or control of, or under the supervision of,
373	any other state or jurisdiction as a result of a conviction for
374	committing, or attempting, soliciting, or conspiring to commit,
375	any of the criminal offenses proscribed in the following
376	statutes or similar offense in another jurisdiction: s. 787.01,
377	s. 787.02, or s. 787.025, where the victim is a minor and the
378	defendant is not the victim's parent; chapter 794, excluding ss.
379	794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s.
380	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
381	847.0145; or any similar offense committed in this state which
382	has been redesignated from a former statute number to one of
383	those listed in this subparagraph.
384	Section 11. For the purpose of incorporating the
385	amendments made by this act to section 787.025, Florida
386	Statutes, in references thereto, section 943.0585, Florida
387	Statutes, is reenacted to read:
388	943.0585 Court-ordered expunction of criminal history
389	records.--The courts of this state have jurisdiction over their
390	own procedures, including the maintenance, expunction, and
391	correction of judicial records containing criminal history
392	information to the extent such procedures are not inconsistent
393	with the conditions, responsibilities, and duties established by
394	this section. Any court of competent jurisdiction may order a
395	criminal justice agency to expunge the criminal history record
396	of a minor or an adult who complies with the requirements of
397	this section. The court shall not order a criminal justice
398	agency to expunge a criminal history record until the person
399	seeking to expunge a criminal history record has applied for and
400	received a certificate of eligibility for expunction pursuant to
401	subsection (2). A criminal history record that relates to a
402	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
403	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
404	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
405	s. 907.041 may not be expunged, without regard to whether
406	adjudication was withheld, if the defendant was found guilty of
407	or pled guilty or nolo contendere to the offense, or if the
408	defendant, as a minor, was found to have committed, or pled
409	guilty or nolo contendere to committing, the offense as a
410	delinquent act. The court may only order expunction of a
411	criminal history record pertaining to one arrest or one incident
412	of alleged criminal activity, except as provided in this
413	section. The court may, at its sole discretion, order the
414	expunction of a criminal history record pertaining to more than
415	one arrest if the additional arrests directly relate to the
416	original arrest. If the court intends to order the expunction of
417	records pertaining to such additional arrests, such intent must
418	be specified in the order. A criminal justice agency may not
419	expunge any record pertaining to such additional arrests if the
420	order to expunge does not articulate the intention of the court
421	to expunge a record pertaining to more than one arrest. This
422	section does not prevent the court from ordering the expunction
423	of only a portion of a criminal history record pertaining to one
424	arrest or one incident of alleged criminal activity.
425	Notwithstanding any law to the contrary, a criminal justice
426	agency may comply with laws, court orders, and official requests
427	of other jurisdictions relating to expunction, correction, or
428	confidential handling of criminal history records or information
429	derived therefrom. This section does not confer any right to the
430	expunction of any criminal history record, and any request for
431	expunction of a criminal history record may be denied at the
432	sole discretion of the court.
433	(1) PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
434	petition to a court to expunge a criminal history record is
435	complete only when accompanied by:
436	(a) A certificate of eligibility for expunction issued by
437	the department pursuant to subsection (2).
438	(b) The petitioner's sworn statement attesting that the
439	petitioner:
440	1. Has never, prior to the date on which the petition is
441	filed, been adjudicated guilty of a criminal offense or
442	comparable ordinance violation or adjudicated delinquent for
443	committing a felony or a misdemeanor specified in s.
444	943.051(3)(b).
445	2. Has not been adjudicated guilty of, or adjudicated
446	delinquent for committing, any of the acts stemming from the
447	arrest or alleged criminal activity to which the petition
448	pertains.
449	3. Has never secured a prior sealing or expunction of a
450	criminal history record under this section, former s. 893.14,
451	former s. 901.33, or former s. 943.058, or from any jurisdiction
452	outside the state.
453	4. Is eligible for such an expunction to the best of his
454	or her knowledge or belief and does not have any other petition
455	to expunge or any petition to seal pending before any court.
456
457	Any person who knowingly provides false information on such
458	sworn statement to the court commits a felony of the third
459	degree, punishable as provided in s. 775.082, s. 775.083, or s.
460	775.084.
461	(2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
462	petitioning the court to expunge a criminal history record, a
463	person seeking to expunge a criminal history record shall apply
464	to the department for a certificate of eligibility for
465	expunction. The department shall, by rule adopted pursuant to
466	chapter 120, establish procedures pertaining to the application
467	for and issuance of certificates of eligibility for expunction.
468	The department shall issue a certificate of eligibility for
469	expunction to a person who is the subject of a criminal history
470	record if that person:
471	(a) Has obtained, and submitted to the department, a
472	written, certified statement from the appropriate state attorney
473	or statewide prosecutor which indicates:
474	1. That an indictment, information, or other charging
475	document was not filed or issued in the case.
476	2. That an indictment, information, or other charging
477	document, if filed or issued in the case, was dismissed or nolle
478	prosequi by the state attorney or statewide prosecutor, or was
479	dismissed by a court of competent jurisdiction.
480	3. That the criminal history record does not relate to a
481	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
482	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
483	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
484	s. 907.041, where the defendant was found guilty of, or pled
485	guilty or nolo contendere to any such offense, or that the
486	defendant, as a minor, was found to have committed, or pled
487	guilty or nolo contendere to committing, such an offense as a
488	delinquent act, without regard to whether adjudication was
489	withheld.
490	(b) Remits a $75 processing fee to the department for
491	placement in the Department of Law Enforcement Operating Trust
492	Fund, unless such fee is waived by the executive director.
493	(c) Has submitted to the department a certified copy of
494	the disposition of the charge to which the petition to expunge
495	pertains.
496	(d) Has never, prior to the date on which the application
497	for a certificate of eligibility is filed, been adjudicated
498	guilty of a criminal offense or comparable ordinance violation
499	or adjudicated delinquent for committing a felony or a
500	misdemeanor specified in s. 943.051(3)(b).
501	(e) Has not been adjudicated guilty of, or adjudicated
502	delinquent for committing, any of the acts stemming from the
503	arrest or alleged criminal activity to which the petition to
504	expunge pertains.
505	(f) Has never secured a prior sealing or expunction of a
506	criminal history record under this section, former s. 893.14,
507	former s. 901.33, or former s. 943.058.
508	(g) Is no longer under court supervision applicable to the
509	disposition of the arrest or alleged criminal activity to which
510	the petition to expunge pertains.
511	(h) Is not required to wait a minimum of 10 years prior to
512	being eligible for an expunction of such records because all
513	charges related to the arrest or criminal activity to which the
514	petition to expunge pertains were dismissed prior to trial,
515	adjudication, or the withholding of adjudication. Otherwise,
516	such criminal history record must be sealed under this section,
517	former s. 893.14, former s. 901.33, or former s. 943.058 for at
518	least 10 years before such record is eligible for expunction.
519	(3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
520	(a) In judicial proceedings under this section, a copy of
521	the completed petition to expunge shall be served upon the
522	appropriate state attorney or the statewide prosecutor and upon
523	the arresting agency; however, it is not necessary to make any
524	agency other than the state a party. The appropriate state
525	attorney or the statewide prosecutor and the arresting agency
526	may respond to the court regarding the completed petition to
527	expunge.
528	(b) If relief is granted by the court, the clerk of the
529	court shall certify copies of the order to the appropriate state
530	attorney or the statewide prosecutor and the arresting agency.
531	The arresting agency is responsible for forwarding the order to
532	any other agency to which the arresting agency disseminated the
533	criminal history record information to which the order pertains.
534	The department shall forward the order to expunge to the Federal
535	Bureau of Investigation. The clerk of the court shall certify a
536	copy of the order to any other agency which the records of the
537	court reflect has received the criminal history record from the
538	court.
539	(c) For an order to expunge entered by a court prior to
540	July 1, 1992, the department shall notify the appropriate state
541	attorney or statewide prosecutor of an order to expunge which is
542	contrary to law because the person who is the subject of the
543	record has previously been convicted of a crime or comparable
544	ordinance violation or has had a prior criminal history record
545	sealed or expunged. Upon receipt of such notice, the appropriate
546	state attorney or statewide prosecutor shall take action, within
547	60 days, to correct the record and petition the court to void
548	the order to expunge. The department shall seal the record until
549	such time as the order is voided by the court.
550	(d) On or after July 1, 1992, the department or any other
551	criminal justice agency is not required to act on an order to
552	expunge entered by a court when such order does not comply with
553	the requirements of this section. Upon receipt of such an order,
554	the department must notify the issuing court, the appropriate
555	state attorney or statewide prosecutor, the petitioner or the
556	petitioner's attorney, and the arresting agency of the reason
557	for noncompliance. The appropriate state attorney or statewide
558	prosecutor shall take action within 60 days to correct the
559	record and petition the court to void the order. No cause of
560	action, including contempt of court, shall arise against any
561	criminal justice agency for failure to comply with an order to
562	expunge when the petitioner for such order failed to obtain the
563	certificate of eligibility as required by this section or such
564	order does not otherwise comply with the requirements of this
565	section.
566	(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
567	criminal history record of a minor or an adult which is ordered
568	expunged by a court of competent jurisdiction pursuant to this
569	section must be physically destroyed or obliterated by any
570	criminal justice agency having custody of such record; except
571	that any criminal history record in the custody of the
572	department must be retained in all cases. A criminal history
573	record ordered expunged that is retained by the department is
574	confidential and exempt from the provisions of s. 119.07(1) and
575	s. 24(a), Art. I of the State Constitution and not available to
576	any person or entity except upon order of a court of competent
577	jurisdiction. A criminal justice agency may retain a notation
578	indicating compliance with an order to expunge.
579	(a) The person who is the subject of a criminal history
580	record that is expunged under this section or under other
581	provisions of law, including former s. 893.14, former s. 901.33,
582	and former s. 943.058, may lawfully deny or fail to acknowledge
583	the arrests covered by the expunged record, except when the
584	subject of the record:
585	1. Is a candidate for employment with a criminal justice
586	agency;
587	2. Is a defendant in a criminal prosecution;
588	3. Concurrently or subsequently petitions for relief under
589	this section or s. 943.059;
590	4. Is a candidate for admission to The Florida Bar;
591	5. Is seeking to be employed or licensed by or to contract
592	with the Department of Children and Family Services or the
593	Department of Juvenile Justice or to be employed or used by such
594	contractor or licensee in a sensitive position having direct
595	contact with children, the developmentally disabled, the aged,
596	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
597	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
598	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
599	6. Is seeking to be employed or licensed by the Office of
600	Teacher Education, Certification, Staff Development, and
601	Professional Practices of the Department of Education, any
602	district school board, or any local governmental entity that
603	licenses child care facilities.
604	(b) Subject to the exceptions in paragraph (a), a person
605	who has been granted an expunction under this section, former s.
606	893.14, former s. 901.33, or former s. 943.058 may not be held
607	under any provision of law of this state to commit perjury or to
608	be otherwise liable for giving a false statement by reason of
609	such person's failure to recite or acknowledge an expunged
610	criminal history record.
611	(c) Information relating to the existence of an expunged
612	criminal history record which is provided in accordance with
613	paragraph (a) is confidential and exempt from the provisions of
614	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
615	except that the department shall disclose the existence of a
616	criminal history record ordered expunged to the entities set
617	forth in subparagraphs (a)1., 4., 5., and 6. for their
618	respective licensing and employment purposes, and to criminal
619	justice agencies for their respective criminal justice purposes.
620	It is unlawful for any employee of an entity set forth in
621	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
622	subparagraph (a)6. to disclose information relating to the
623	existence of an expunged criminal history record of a person
624	seeking employment or licensure with such entity or contractor,
625	except to the person to whom the criminal history record relates
626	or to persons having direct responsibility for employment or
627	licensure decisions. Any person who violates this paragraph
628	commits a misdemeanor of the first degree, punishable as
629	provided in s. 775.082 or s. 775.083.
630	(5) STATUTORY REFERENCES.--Any reference to any other
631	chapter, section, or subdivision of the Florida Statutes in this
632	section constitutes a general reference under the doctrine of
633	incorporation by reference.
634	Section 12. For the purpose of incorporating the
635	amendments made by this act to section 787.025, Florida
636	Statutes, in references thereto, section 943.059, Florida
637	Statutes, is reenacted to read:
638	943.059 Court-ordered sealing of criminal history
639	records.--The courts of this state shall continue to have
640	jurisdiction over their own procedures, including the
641	maintenance, sealing, and correction of judicial records
642	containing criminal history information to the extent such
643	procedures are not inconsistent with the conditions,
644	responsibilities, and duties established by this section. Any
645	court of competent jurisdiction may order a criminal justice
646	agency to seal the criminal history record of a minor or an
647	adult who complies with the requirements of this section. The
648	court shall not order a criminal justice agency to seal a
649	criminal history record until the person seeking to seal a
650	criminal history record has applied for and received a
651	certificate of eligibility for sealing pursuant to subsection
652	(2). A criminal history record that relates to a violation of s.
653	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
654	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
655	847.0145, s. 893.135, or a violation enumerated in s. 907.041
656	may not be sealed, without regard to whether adjudication was
657	withheld, if the defendant was found guilty of or pled guilty or
658	nolo contendere to the offense, or if the defendant, as a minor,
659	was found to have committed or pled guilty or nolo contendere to
660	committing the offense as a delinquent act. The court may only
661	order sealing of a criminal history record pertaining to one
662	arrest or one incident of alleged criminal activity, except as
663	provided in this section. The court may, at its sole discretion,
664	order the sealing of a criminal history record pertaining to
665	more than one arrest if the additional arrests directly relate
666	to the original arrest. If the court intends to order the
667	sealing of records pertaining to such additional arrests, such
668	intent must be specified in the order. A criminal justice agency
669	may not seal any record pertaining to such additional arrests if
670	the order to seal does not articulate the intention of the court
671	to seal records pertaining to more than one arrest. This section
672	does not prevent the court from ordering the sealing of only a
673	portion of a criminal history record pertaining to one arrest or
674	one incident of alleged criminal activity. Notwithstanding any
675	law to the contrary, a criminal justice agency may comply with
676	laws, court orders, and official requests of other jurisdictions
677	relating to sealing, correction, or confidential handling of
678	criminal history records or information derived therefrom. This
679	section does not confer any right to the sealing of any criminal
680	history record, and any request for sealing a criminal history
681	record may be denied at the sole discretion of the court.
682	(1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
683	petition to a court to seal a criminal history record is
684	complete only when accompanied by:
685	(a) A certificate of eligibility for sealing issued by the
686	department pursuant to subsection (2).
687	(b) The petitioner's sworn statement attesting that the
688	petitioner:
689	1. Has never, prior to the date on which the petition is
690	filed, been adjudicated guilty of a criminal offense or
691	comparable ordinance violation or adjudicated delinquent for
692	committing a felony or a misdemeanor specified in s.
693	943.051(3)(b).
694	2. Has not been adjudicated guilty of or adjudicated
695	delinquent for committing any of the acts stemming from the
696	arrest or alleged criminal activity to which the petition to
697	seal pertains.
698	3. Has never secured a prior sealing or expunction of a
699	criminal history record under this section, former s. 893.14,
700	former s. 901.33, former s. 943.058, or from any jurisdiction
701	outside the state.
702	4. Is eligible for such a sealing to the best of his or
703	her knowledge or belief and does not have any other petition to
704	seal or any petition to expunge pending before any court.
705
706	Any person who knowingly provides false information on such
707	sworn statement to the court commits a felony of the third
708	degree, punishable as provided in s. 775.082, s. 775.083, or s.
709	775.084.
710	(2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
711	petitioning the court to seal a criminal history record, a
712	person seeking to seal a criminal history record shall apply to
713	the department for a certificate of eligibility for sealing. The
714	department shall, by rule adopted pursuant to chapter 120,
715	establish procedures pertaining to the application for and
716	issuance of certificates of eligibility for sealing. The
717	department shall issue a certificate of eligibility for sealing
718	to a person who is the subject of a criminal history record
719	provided that such person:
720	(a) Has submitted to the department a certified copy of
721	the disposition of the charge to which the petition to seal
722	pertains.
723	(b) Remits a $75 processing fee to the department for
724	placement in the Department of Law Enforcement Operating Trust
725	Fund, unless such fee is waived by the executive director.
726	(c) Has never, prior to the date on which the application
727	for a certificate of eligibility is filed, been adjudicated
728	guilty of a criminal offense or comparable ordinance violation
729	or adjudicated delinquent for committing a felony or a
730	misdemeanor specified in s. 943.051(3)(b).
731	(d) Has not been adjudicated guilty of or adjudicated
732	delinquent for committing any of the acts stemming from the
733	arrest or alleged criminal activity to which the petition to
734	seal pertains.
735	(e) Has never secured a prior sealing or expunction of a
736	criminal history record under this section, former s. 893.14,
737	former s. 901.33, or former s. 943.058.
738	(f) Is no longer under court supervision applicable to the
739	disposition of the arrest or alleged criminal activity to which
740	the petition to seal pertains.
741	(3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
742	(a) In judicial proceedings under this section, a copy of
743	the completed petition to seal shall be served upon the
744	appropriate state attorney or the statewide prosecutor and upon
745	the arresting agency; however, it is not necessary to make any
746	agency other than the state a party. The appropriate state
747	attorney or the statewide prosecutor and the arresting agency
748	may respond to the court regarding the completed petition to
749	seal.
750	(b) If relief is granted by the court, the clerk of the
751	court shall certify copies of the order to the appropriate state
752	attorney or the statewide prosecutor and to the arresting
753	agency. The arresting agency is responsible for forwarding the
754	order to any other agency to which the arresting agency
755	disseminated the criminal history record information to which
756	the order pertains. The department shall forward the order to
757	seal to the Federal Bureau of Investigation. The clerk of the
758	court shall certify a copy of the order to any other agency
759	which the records of the court reflect has received the criminal
760	history record from the court.
761	(c) For an order to seal entered by a court prior to July
762	1, 1992, the department shall notify the appropriate state
763	attorney or statewide prosecutor of any order to seal which is
764	contrary to law because the person who is the subject of the
765	record has previously been convicted of a crime or comparable
766	ordinance violation or has had a prior criminal history record
767	sealed or expunged. Upon receipt of such notice, the appropriate
768	state attorney or statewide prosecutor shall take action, within
769	60 days, to correct the record and petition the court to void
770	the order to seal. The department shall seal the record until
771	such time as the order is voided by the court.
772	(d) On or after July 1, 1992, the department or any other
773	criminal justice agency is not required to act on an order to
774	seal entered by a court when such order does not comply with the
775	requirements of this section. Upon receipt of such an order, the
776	department must notify the issuing court, the appropriate state
777	attorney or statewide prosecutor, the petitioner or the
778	petitioner's attorney, and the arresting agency of the reason
779	for noncompliance. The appropriate state attorney or statewide
780	prosecutor shall take action within 60 days to correct the
781	record and petition the court to void the order. No cause of
782	action, including contempt of court, shall arise against any
783	criminal justice agency for failure to comply with an order to
784	seal when the petitioner for such order failed to obtain the
785	certificate of eligibility as required by this section or when
786	such order does not comply with the requirements of this
787	section.
788	(e) An order sealing a criminal history record pursuant to
789	this section does not require that such record be surrendered to
790	the court, and such record shall continue to be maintained by
791	the department and other criminal justice agencies.
792	(4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
793	history record of a minor or an adult which is ordered sealed by
794	a court of competent jurisdiction pursuant to this section is
795	confidential and exempt from the provisions of s. 119.07(1) and
796	s. 24(a), Art. I of the State Constitution and is available only
797	to the person who is the subject of the record, to the subject's
798	attorney, to criminal justice agencies for their respective
799	criminal justice purposes, or to those entities set forth in
800	subparagraphs (a)1., 4., 5., and 6. for their respective
801	licensing and employment purposes.
802	(a) The subject of a criminal history record sealed under
803	this section or under other provisions of law, including former
804	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
805	deny or fail to acknowledge the arrests covered by the sealed
806	record, except when the subject of the record:
807	1. Is a candidate for employment with a criminal justice
808	agency;
809	2. Is a defendant in a criminal prosecution;
810	3. Concurrently or subsequently petitions for relief under
811	this section or s. 943.0585;
812	4. Is a candidate for admission to The Florida Bar;
813	5. Is seeking to be employed or licensed by or to contract
814	with the Department of Children and Family Services or the
815	Department of Juvenile Justice or to be employed or used by such
816	contractor or licensee in a sensitive position having direct
817	contact with children, the developmentally disabled, the aged,
818	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
819	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
820	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
821	400; or
822	6. Is seeking to be employed or licensed by the Office of
823	Teacher Education, Certification, Staff Development, and
824	Professional Practices of the Department of Education, any
825	district school board, or any local governmental entity which
826	licenses child care facilities.
827	(b) Subject to the exceptions in paragraph (a), a person
828	who has been granted a sealing under this section, former s.
829	893.14, former s. 901.33, or former s. 943.058 may not be held
830	under any provision of law of this state to commit perjury or to
831	be otherwise liable for giving a false statement by reason of
832	such person's failure to recite or acknowledge a sealed criminal
833	history record.
834	(c) Information relating to the existence of a sealed
835	criminal record provided in accordance with the provisions of
836	paragraph (a) is confidential and exempt from the provisions of
837	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
838	except that the department shall disclose the sealed criminal
839	history record to the entities set forth in subparagraphs (a)1.,
840	4., 5., and 6. for their respective licensing and employment
841	purposes. It is unlawful for any employee of an entity set forth
842	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
843	or subparagraph (a)6. to disclose information relating to the
844	existence of a sealed criminal history record of a person
845	seeking employment or licensure with such entity or contractor,
846	except to the person to whom the criminal history record relates
847	or to persons having direct responsibility for employment or
848	licensure decisions. Any person who violates the provisions of
849	this paragraph commits a misdemeanor of the first degree,
850	punishable as provided in s. 775.082 or s. 775.083.
851	(5) STATUTORY REFERENCES.--Any reference to any other
852	chapter, section, or subdivision of the Florida Statutes in this
853	section constitutes a general reference under the doctrine of
854	incorporation by reference.
855	Section 13. For the purpose of incorporating the
856	amendments made by this act to sections 787.01, 787.02, and
857	787.025, Florida Statutes, in references thereto, paragraph (b)
858	of subsection (1) of section 944.606, Florida Statutes, is
859	reenacted to read:
860	944.606 Sexual offenders; notification upon release.--
861	(1) As used in this section:
862	(b) "Sexual offender" means a person who has been
863	convicted of committing, or attempting, soliciting, or
864	conspiring to commit, any of the criminal offenses proscribed in
865	the following statutes in this state or similar offenses in
866	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
867	the victim is a minor and the defendant is not the victim's
868	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
869	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
870	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
871	offense committed in this state which has been redesignated from
872	a former statute number to one of those listed in this
873	subsection, when the department has received verified
874	information regarding such conviction; an offender's
875	computerized criminal history record is not, in and of itself,
876	verified information.
877	Section 14. For the purpose of incorporating the
878	amendments made by this act to sections 787.01, 787.02, and
879	787.025, Florida Statutes, in references thereto, paragraph (a)
880	of subsection (1) of section 944.607, Florida Statutes, is
881	reenacted to read:
882	944.607 Notification to Department of Law Enforcement of
883	information on sexual offenders.--
884	(1) As used in this section, the term:
885	(a) "Sexual offender" means a person who is in the custody
886	or control of, or under the supervision of, the department or is
887	in the custody of a private correctional facility:
888	1. On or after October 1, 1997, as a result of a
889	conviction for committing, or attempting, soliciting, or
890	conspiring to commit, any of the criminal offenses proscribed in
891	the following statutes in this state or similar offenses in
892	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
893	the victim is a minor and the defendant is not the victim's
894	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
895	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
896	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
897	offense committed in this state which has been redesignated from
898	a former statute number to one of those listed in this
899	paragraph; or
900	2. Who establishes or maintains a residence in this state
901	and who has not been designated as a sexual predator by a court
902	of this state but who has been designated as a sexual predator,
903	as a sexually violent predator, or by another sexual offender
904	designation in another state or jurisdiction and was, as a
905	result of such designation, subjected to registration or
906	community or public notification, or both, or would be if the
907	person were a resident of that state or jurisdiction.
908	Section 15. For the purpose of incorporating the
909	amendments made by this act to sections 787.01, 787.02, and
910	787.025, Florida Statutes, in references thereto, subsection
911	(15) of section 948.01, Florida Statutes, is reenacted to read:
912	948.01 When court may place defendant on probation or into
913	community control.--
914	(15) Effective for an offense committed on or after July
915	1, 1998, a person is ineligible for placement on administrative
916	probation if the person is sentenced to or is serving a term of
917	probation or community control, regardless of the conviction or
918	adjudication, for committing, or attempting, conspiring, or
919	soliciting to commit, any of the felony offenses described in s.
920	787.01 or s. 787.02, where the victim is a minor and the
921	defendant is not the victim's parent; s. 787.025; chapter 794;
922	s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
923	847.0133; s. 847.0135; or s. 847.0145.
924	Section 16. For the purpose of incorporating the
925	amendments made by this act to section 787.025, Florida
926	Statutes, in references thereto, paragraph (a) of subsection (2)
927	of section 948.06, Florida Statutes, is reenacted to read:
928	948.06 Violation of probation or community control;
929	revocation; modification; continuance; failure to pay
930	restitution or cost of supervision.--
931	(2)(a) When any state or local law enforcement agency
932	investigates or arrests a person for committing, or attempting,
933	soliciting, or conspiring to commit, a violation of s. 787.025,
934	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
935	847.0135, or s. 847.0145, the law enforcement agency shall
936	contact the Department of Corrections to verify whether the
937	person under investigation or under arrest is on probation,
938	community control, parole, conditional release, or control
939	release.
940	Section 17. This act shall take effect October 1, 2003.
941