HB 1713

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; specifying an evidentiary fact
8	that may be considered by the court in determining whether
9	the defendant committed or attempted to commit such
10	offense; increasing the penalty imposed for committing
11	that offense; reenacting ss. 435.03(2)(j) and (k),
12	435.04(2)(k) and (l), 775.21(4), 903.133, and 910.14,
13	F.S., relating to screening standards, the Florida Sexual
14	Predators Act, bail on appeal, and kidnapping, to
15	incorporate the amendments to ss. 787.01, 787.02, 787.025,
16	F.S., in references thereto; reenacting and amending s.
17	921.0022(3)(f), (i), and (j), F.S., relating to the
18	offense severity ranking chart of the Criminal Punishment
19	Code, to incorporate the amendments to s. 787.02, F.S., in
20	references thereto; conforming provisions to changes made
21	by the act; reenacting ss. 943.0435(1)(a), 943.0585,
22	943.059, 944.606(1)(b), 944.607(1)(a), 948.01(15), and
23	948.06(2)(a), F.S., relating to the registration of sexual
24	offenders, expunction and court-ordered sealing of
25	criminal history records, the definition of the term
26	"sexual offender," and probation and community control, to
27	incorporate the amendments to ss. 787.01, 787.02, 787.025,
28	F.S., in references thereto; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 787.01, Florida Statutes, is amended to
33	read:
34	787.01  Kidnapping; kidnapping of child under age 16 13,
35	aggravating circumstances.--
36	(1)(a)  The term "kidnapping" means forcibly, secretly, or
37	by threat confining, abducting, or imprisoning another person
38	against her or his will and without lawful authority, with
39	intent to:
40	1.  Hold for ransom or reward or as a shield or hostage.
41	2.  Commit or facilitate commission of any felony.
42	3.  Inflict bodily harm upon or to terrorize the victim or
43	another person.
44	4.  Interfere with the performance of any governmental or
45	political function.
46	(b)  Confinement of a child under the age of 16 13 is
47	against her or his will within the meaning of this subsection if
48	such confinement is without the consent of her or his parent or
49	legal guardian.
50	(2)  A person who kidnaps a person is guilty of a felony of
51	the first degree, punishable by imprisonment for a term of years
52	not exceeding life or as provided in s. 775.082, s. 775.083, or
53	s. 775.084.
54	(3)(a)  A person who commits the offense of kidnapping upon
55	a child under the age of 16 13 and who, in the course of
56	committing the offense, commits one or more of the following:
57	1.  Aggravated child abuse, as defined in s. 827.03;
58	2.  Sexual battery, as defined in chapter 794, against the
59	child;
60	3.  Lewd or lascivious battery, lewd or lascivious
61	molestation, lewd or lascivious conduct, or lewd or lascivious
62	exhibition, in violation of s. 800.04;
63	4.  A violation of s. 796.03 or s. 796.04, relating to
64	prostitution, upon the child; or
65	5.  Exploitation of the child or allowing the child to be
66	exploited, in violation of s. 450.151,
67
68	commits a life felony, punishable as provided in s. 775.082, s.
69	775.083, or s. 775.084.
70	(b)  Pursuant to s. 775.021(4), nothing contained herein
71	shall be construed to prohibit the imposition of separate
72	judgments and sentences for the life felony described in
73	paragraph (a) and for each separate offense enumerated in
74	subparagraphs (a)1.-5.
75	Section 2.  Section 787.02, Florida Statutes, is amended to
76	read:
77	787.02  False imprisonment; false imprisonment of child
78	under age 16 13, aggravating circumstances.--
79	(1)(a)  The term "false imprisonment" means forcibly, by
80	threat, or secretly confining, abducting, imprisoning, or
81	restraining another person without lawful authority and against
82	her or his will.
83	(b)  Confinement of a child under the age of 16 13 is
84	against her or his will within the meaning of this section if
85	such confinement is without the consent of her or his parent or
86	legal guardian.
87	(2)  A person who commits the offense of false imprisonment
88	is guilty of a felony of the third degree, punishable as
89	provided in s. 775.082, s. 775.083, or s. 775.084.
90	(3)(a)  A person who commits the offense of false
91	imprisonment upon a child under the age of 16 13 and who, in the
92	course of committing the offense, commits any offense enumerated
93	in subparagraphs 1.-5., commits a felony of the first degree,
94	punishable by imprisonment for a term of years not exceeding
95	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
96	1.  Aggravated child abuse, as defined in s. 827.03;
97	2.  Sexual battery, as defined in chapter 794, against the
98	child;
99	3.  Lewd or lascivious battery, lewd or lascivious
100	molestation, lewd or lascivious conduct, or lewd or lascivious
101	exhibition, in violation of s. 800.04;
102	4.  A violation of s. 796.03 or s. 796.04, relating to
103	prostitution, upon the child; or
104	5.  Exploitation of the child or allowing the child to be
105	exploited, in violation of s. 450.151.
106	(b)  Pursuant to s. 775.021(4), nothing contained herein
107	shall be construed to prohibit the imposition of separate
108	judgments and sentences for the first degree offense described
109	in paragraph (a) and for each separate offense enumerated in
110	subparagraphs (a)1.-5.
111	Section 3.  Section 787.025, Florida Statutes, is amended
112	to read:
113	787.025  Luring or enticing a child.--
114	(1)  As used in this section, the term:
115	(a)  "Structure" means a building of any kind, either
116	temporary or permanent, which has a roof over it, together with
117	the curtilage thereof.
118	(b)  "Dwelling" means a building or conveyance of any kind,
119	either temporary or permanent, mobile or immobile, which has a
120	roof over it and is designed to be occupied by people lodging
121	together therein at night, together with the curtilage thereof.
122	(c)  "Conveyance" means any motor vehicle, ship, vessel,
123	railroad car, trailer, aircraft, or sleeping car.
124	(2)(a)  A person over the age of 18 who, having been
125	previously convicted of a violation of chapter 794 or s. 800.04,
126	or a violation of a similar law of another jurisdiction,
127	intentionally lures or entices, or attempts to lure or entice, a
128	child under the age of 16 12 into a structure, dwelling, or
129	conveyance for other than a lawful purpose commits a felony of
130	the second third degree, punishable as provided in s. 775.082,
131	s. 775.083, or s. 775.084.
132	(b)  If the defendant lured or enticed, or attempted to
133	lure or entice, For purposes of this section, the luring or
134	enticing, or attempted luring or enticing, of a child under the
135	age of 16 12 into a structure, dwelling, or conveyance without
136	the consent of the child's parent or legal guardian, that fact
137	does not give rise to a presumption that the defendant committed
138	or attempted to commit such luring or enticing for shall be
139	prima facie evidence of other than a lawful purpose, but may be
140	considered with other competent evidence in determining whether
141	the defendant committed or attempted to commit such luring or
142	enticing for other than a lawful purpose.
143	(3)  It is an affirmative defense to a prosecution under
144	this section that:
145	(a)  The person reasonably believed that his or her action
146	was necessary to prevent the child from being seriously injured.
147	(b)  The person lured or enticed, or attempted to lure or
148	entice, the child under the age of 16 12 into a structure,
149	dwelling, or conveyance for a lawful purpose.
150	(c)  The person's actions were reasonable under the
151	circumstances and the defendant did not have any intent to harm
152	the health, safety, or welfare of the child.
153	Section 4.  For the purpose of incorporating the amendments
154	made by this act to sections 787.01 and 787.02, Florida
155	Statutes, in references thereto, paragraphs (j) and(k) of
156	subsection (2) of section 435.03, Florida Statutes, are
157	reenacted to read:
158	435.03  Level 1 screening standards.--
159	(2)  Any person for whom employment screening is required
160	by statute must not have been found guilty of, regardless of
161	adjudication, or entered a plea of nolo contendere or guilty to,
162	any offense prohibited under any of the following provisions of
163	the Florida Statutes or under any similar statute of another
164	jurisdiction:
165	(j)  Section 787.01, relating to kidnapping.
166	(k)  Section 787.02, relating to false imprisonment.
167	Section 5.  For the purpose of incorporating the amendments
168	made by this act to sections 787.01 and 787.02, Florida
169	Statutes, in references thereto, paragraphs (k) and(l) of
170	subsection (2) of section 435.04, Florida Statutes, are
171	reenacted to read:
172	435.04  Level 2 screening standards.--
173	(2)  The security background investigations under this
174	section must ensure that no persons subject to the provisions of
175	this section have been found guilty of, regardless of
176	adjudication, or entered a plea of nolo contendere or guilty to,
177	any offense prohibited under any of the following provisions of
178	the Florida Statutes or under any similar statute of another
179	jurisdiction:
180	(k)  Section 787.01, relating to kidnapping.
181	(l)  Section 787.02, relating to false imprisonment.
182	Section 6.  For the purpose of incorporating the amendments
183	made by this act to sections 787.01, 787.02, and 787.025,
184	Florida Statutes, in references thereto, subsection (4) of
185	section 775.21, Florida Statutes, is reenacted to read:
186	775.21  The Florida Sexual Predators Act; definitions;
187	legislative findings, purpose, and intent; criteria;
188	designation; registration; community and public notification;
189	immunity; penalties.--
190	(4)  SEXUAL PREDATOR CRITERIA.--
191	(a)  For a current offense committed on or after October 1,
192	1993, upon conviction, an offender shall be designated as a
193	"sexual predator" under subsection (5), and subject to
194	registration under subsection (6) and community and public
195	notification under subsection (7) if:
196	1.  The felony is:
197	a.  A capital, life, or first-degree felony violation, or
198	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
199	is a minor and the defendant is not the victim's parent, or of
200	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
201	similar law of another jurisdiction; or
202	b.  Any felony violation, or any attempt thereof, of s.
203	787.01, s. 787.02, or s. 787.025, where the victim is a minor
204	and the defendant is not the victim's parent; chapter 794,
205	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
206	825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a
207	similar law of another jurisdiction, and the offender has
208	previously been convicted of or found to have committed, or has
209	pled nolo contendere or guilty to, regardless of adjudication,
210	any violation of s. 787.01, s. 787.02, or s. 787.025, where the
211	victim is a minor and the defendant is not the victim's parent;
212	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
213	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
214	847.0145, or a violation of a similar law of another
215	jurisdiction;
216	2.  The offender has not received a pardon for any felony
217	or similar law of another jurisdiction that is necessary for the
218	operation of this paragraph; and
219	3.  A conviction of a felony or similar law of another
220	jurisdiction necessary to the operation of this paragraph has
221	not been set aside in any postconviction proceeding.
222	(b)  In order to be counted as a prior felony for purposes
223	of this subsection, the felony must have resulted in a
224	conviction sentenced separately, or an adjudication of
225	delinquency entered separately, prior to the current offense and
226	sentenced or adjudicated separately from any other felony
227	conviction that is to be counted as a prior felony. If the
228	offender's prior enumerated felony was committed more than 10
229	years before the primary offense, it shall not be considered a
230	prior felony under this subsection if the offender has not been
231	convicted of any other crime for a period of 10 consecutive
232	years from the most recent date of release from confinement,
233	supervision, or sanction, whichever is later.
234	(c)  If an offender has been registered as a sexual
235	predator by the Department of Corrections, the department, or
236	any other law enforcement agency and if:
237	1.  The court did not, for whatever reason, make a written
238	finding at the time of sentencing that the offender was a sexual
239	predator; or
240	2.  The offender was administratively registered as a
241	sexual predator because the Department of Corrections, the
242	department, or any other law enforcement agency obtained
243	information that indicated that the offender met the criteria
244	for designation as a sexual predator based on a violation of a
245	similar law in another jurisdiction,
246
247	the department shall remove that offender from the department's
248	list of sexual predators and, for an offender described under
249	subparagraph 1., shall notify the state attorney who prosecuted
250	the offense that met the criteria for administrative designation
251	as a sexual predator, and, for an offender described under this
252	subparagraph, shall notify the state attorney of the county
253	where the offender establishes or maintains a permanent or
254	temporary residence. The state attorney shall bring the matter
255	to the court's attention in order to establish that the offender
256	meets the criteria for designation as a sexual predator. If the
257	court makes a written finding that the offender is a sexual
258	predator, the offender must be designated as a sexual predator,
259	must register or be registered as a sexual predator with the
260	department as provided in subsection (6), and is subject to the
261	community and public notification as provided in subsection (7).
262	If the court does not make a written finding that the offender
263	is a sexual predator, the offender may not be designated as a
264	sexual predator with respect to that offense and is not required
265	to register or be registered as a sexual predator with the
266	department.
267	Section 7.  For the purpose of incorporating the amendments
268	made by this act to section 787.01, Florida Statutes, in
269	references thereto, section 903.133, Florida Statutes, is
270	reenacted to read:
271	903.133  Bail on appeal; prohibited for certain felony
272	convictions.--Notwithstanding the provisions of s. 903.132, no
273	person adjudged guilty of a felony of the first degree for a
274	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
275	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
276	violation of s. 794.011(2) or (3), shall be admitted to bail
277	pending review either by posttrial motion or appeal.
278	Section 8.  For the purpose of incorporating the amendments
279	made by this act to sections 787.01 and 787.02, Florida
280	Statutes, in references thereto, section 910.14, Florida
281	Statutes, is reenacted to read:
282	910.14  Kidnapping.--A person who commits an offense
283	provided for in s. 787.01 or s. 787.02 may be tried in any
284	county in which the person's victim has been taken or confined
285	during the course of the offense.
286	Section 9.  For the purpose of incorporating the amendments
287	made by this act to sections 787.01 and 787.02, Florida
288	Statutes, in references thereto, paragraphs (f),(i), and (j) of
289	subsection (3) of section 921.0022, Florida Statutes, are
290	reenacted and amended to read:
291	921.0022  Criminal Punishment Code; offense severity
292	ranking chart.--
293	(3)  OFFENSE SEVERITY RANKING CHART
294
	Florida Felony
295
	Statute Degree Description
296
297
	(f)  LEVEL 6
298
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
299
	499.0051(3) 2nd Forgery of pedigree papers.
300
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
301
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
302
	775.0875(1) 3rd Taking firearm from law enforcement officer.
303
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
304
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
305
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
306
	784.041 3rd Felony battery.
307
	784.048(3) 3rd Aggravated stalking; credible threat.
308
	784.048(5) 3rd Aggravated stalking of person under 16.
309
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
310
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
311
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
312
	784.081(2) 2nd Aggravated assault on specified official or employee.
313
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
314
	784.083(2) 2nd Aggravated assault on code inspector.
315
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
316
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
317
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
318
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
319
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
320
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
321
	794.05(1) 2nd Unlawful sexual activity with specified minor.
322
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
323
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
324
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
325
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
326
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
327
	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
328
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
329
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
330
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
331
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
332
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
333
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
334
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
335
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
336
	827.03(1) 3rd Abuse of a child.
337
	827.03(3)(c) 3rd Neglect of a child.
338
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
339
	836.05 2nd Threats; extortion.
340
	836.10 2nd Written threats to kill or do bodily injury.
341
	843.12 3rd Aids or assists person to escape.
342
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
343
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
344
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
345
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
346
	944.40 2nd Escapes.
347
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
348
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
349
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
350
	(i)  LEVEL 9
351
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
352
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
353
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
354
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
355
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
356
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
357
	775.0844 1st Aggravated white collar crime.
358
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
359
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
360
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
361
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
362
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
363
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
364
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
365
	787.02(3)(a) 1st False imprisonment; child under age 16 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
366
	790.161 1st Attempted capital destructive device offense.
367
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
368
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
369
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
370
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
371
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
372
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
373
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
374
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
375
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
376
	827.03(2) 1st Aggravated child abuse.
377
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
378
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
379
	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.
380
	893.135 1st Attempted capital trafficking offense.
381
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
382
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
383
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
384
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
385
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
386
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
387
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
388
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
389
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
390
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
391
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
392
	(j)  LEVEL 10
393
	499.0054 1st Sale or purchase of contraband legend drugs resulting in death.
394
	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
395
	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
396
	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.
397
	782.07(3) 1st Aggravated manslaughter of a child.
398
	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.
399
	876.32 1st Treason against the state.
400
401	Section 10.  For the purpose of incorporating the
402	amendments made by this act to sections 787.01, 787.02, and
403	787.025, Florida Statutes, in references thereto, paragraph (a)
404	of subsection (1) of section 943.0435, Florida Statutes, is
405	reenacted to read:
406	943.0435  Sexual offenders required to register with the
407	department; penalty.--
408	(1)  As used in this section, the term:
409	(a)  "Sexual offender" means a person who:
410	1.  Has been convicted of committing, or attempting,
411	soliciting, or conspiring to commit, any of the criminal
412	offenses proscribed in the following statutes in this state or
413	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
414	or s. 787.025, where the victim is a minor and the defendant is
415	not the victim's parent; chapter 794, excluding ss. 794.011(10)
416	and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
417	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
418	any similar offense committed in this state which has been
419	redesignated from a former statute number to one of those listed
420	in this subparagraph; and
421	2.  Has been released on or after October 1, 1997, from the
422	sanction imposed for any conviction of an offense described in
423	subparagraph 1. For purposes of subparagraph 1., a sanction
424	imposed in this state or in any other jurisdiction includes, but
425	is not limited to, a fine, probation, community control, parole,
426	conditional release, control release, or incarceration in a
427	state prison, federal prison, private correctional facility, or
428	local detention facility; or
429	3.  Establishes or maintains a residence in this state and
430	who has not been designated as a sexual predator by a court of
431	this state but who has been designated as a sexual predator, as
432	a sexually violent predator, or by another sexual offender
433	designation in another state or jurisdiction and was, as a
434	result of such designation, subjected to registration or
435	community or public notification, or both, or would be if the
436	person were a resident of that state or jurisdiction; or
437	4.  Establishes or maintains a residence in this state who
438	is in the custody or control of, or under the supervision of,
439	any other state or jurisdiction as a result of a conviction for
440	committing, or attempting, soliciting, or conspiring to commit,
441	any of the criminal offenses proscribed in the following
442	statutes or similar offense in another jurisdiction: s. 787.01,
443	s. 787.02, or s. 787.025, where the victim is a minor and the
444	defendant is not the victim's parent; chapter 794, excluding ss.
445	794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s.
446	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
447	847.0145; or any similar offense committed in this state which
448	has been redesignated from a former statute number to one of
449	those listed in this subparagraph.
450	Section 11.  For the purpose of incorporating the
451	amendments made by this act to section 787.025, Florida
452	Statutes, in references thereto, section 943.0585, Florida
453	Statutes, is reenacted to read:
454	943.0585  Court-ordered expunction of criminal history
455	records.--The courts of this state have jurisdiction over their
456	own procedures, including the maintenance, expunction, and
457	correction of judicial records containing criminal history
458	information to the extent such procedures are not inconsistent
459	with the conditions, responsibilities, and duties established by
460	this section. Any court of competent jurisdiction may order a
461	criminal justice agency to expunge the criminal history record
462	of a minor or an adult who complies with the requirements of
463	this section. The court shall not order a criminal justice
464	agency to expunge a criminal history record until the person
465	seeking to expunge a criminal history record has applied for and
466	received a certificate of eligibility for expunction pursuant to
467	subsection (2). A criminal history record that relates to a
468	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
469	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
470	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
471	s. 907.041 may not be expunged, without regard to whether
472	adjudication was withheld, if the defendant was found guilty of
473	or pled guilty or nolo contendere to the offense, or if the
474	defendant, as a minor, was found to have committed, or pled
475	guilty or nolo contendere to committing, the offense as a
476	delinquent act. The court may only order expunction of a
477	criminal history record pertaining to one arrest or one incident
478	of alleged criminal activity, except as provided in this
479	section. The court may, at its sole discretion, order the
480	expunction of a criminal history record pertaining to more than
481	one arrest if the additional arrests directly relate to the
482	original arrest. If the court intends to order the expunction of
483	records pertaining to such additional arrests, such intent must
484	be specified in the order. A criminal justice agency may not
485	expunge any record pertaining to such additional arrests if the
486	order to expunge does not articulate the intention of the court
487	to expunge a record pertaining to more than one arrest. This
488	section does not prevent the court from ordering the expunction
489	of only a portion of a criminal history record pertaining to one
490	arrest or one incident of alleged criminal activity.
491	Notwithstanding any law to the contrary, a criminal justice
492	agency may comply with laws, court orders, and official requests
493	of other jurisdictions relating to expunction, correction, or
494	confidential handling of criminal history records or information
495	derived therefrom. This section does not confer any right to the
496	expunction of any criminal history record, and any request for
497	expunction of a criminal history record may be denied at the
498	sole discretion of the court.
499	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
500	petition to a court to expunge a criminal history record is
501	complete only when accompanied by:
502	(a)  A certificate of eligibility for expunction issued by
503	the department pursuant to subsection (2).
504	(b)  The petitioner's sworn statement attesting that the
505	petitioner:
506	1.  Has never, prior to the date on which the petition is
507	filed, been adjudicated guilty of a criminal offense or
508	comparable ordinance violation or adjudicated delinquent for
509	committing a felony or a misdemeanor specified in s.
510	943.051(3)(b).
511	2.  Has not been adjudicated guilty of, or adjudicated
512	delinquent for committing, any of the acts stemming from the
513	arrest or alleged criminal activity to which the petition
514	pertains.
515	3.  Has never secured a prior sealing or expunction of a
516	criminal history record under this section, former s. 893.14,
517	former s. 901.33, or former s. 943.058, or from any jurisdiction
518	outside the state.
519	4.  Is eligible for such an expunction to the best of his
520	or her knowledge or belief and does not have any other petition
521	to expunge or any petition to seal pending before any court.
522
523	Any person who knowingly provides false information on such
524	sworn statement to the court commits a felony of the third
525	degree, punishable as provided in s. 775.082, s. 775.083, or s.
526	775.084.
527	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
528	petitioning the court to expunge a criminal history record, a
529	person seeking to expunge a criminal history record shall apply
530	to the department for a certificate of eligibility for
531	expunction. The department shall, by rule adopted pursuant to
532	chapter 120, establish procedures pertaining to the application
533	for and issuance of certificates of eligibility for expunction.
534	The department shall issue a certificate of eligibility for
535	expunction to a person who is the subject of a criminal history
536	record if that person:
537	(a)  Has obtained, and submitted to the department, a
538	written, certified statement from the appropriate state attorney
539	or statewide prosecutor which indicates:
540	1.  That an indictment, information, or other charging
541	document was not filed or issued in the case.
542	2.  That an indictment, information, or other charging
543	document, if filed or issued in the case, was dismissed or nolle
544	prosequi by the state attorney or statewide prosecutor, or was
545	dismissed by a court of competent jurisdiction.
546	3.  That the criminal history record does not relate to a
547	violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
548	817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s.
549	847.0135, s. 847.0145, s. 893.135, or a violation enumerated in
550	s. 907.041, where the defendant was found guilty of, or pled
551	guilty or nolo contendere to any such offense, or that the
552	defendant, as a minor, was found to have committed, or pled
553	guilty or nolo contendere to committing, such an offense as a
554	delinquent act, without regard to whether adjudication was
555	withheld.
556	(b)  Remits a $75 processing fee to the department for
557	placement in the Department of Law Enforcement Operating Trust
558	Fund, unless such fee is waived by the executive director.
559	(c)  Has submitted to the department a certified copy of
560	the disposition of the charge to which the petition to expunge
561	pertains.
562	(d)  Has never, prior to the date on which the application
563	for a certificate of eligibility is filed, been adjudicated
564	guilty of a criminal offense or comparable ordinance violation
565	or adjudicated delinquent for committing a felony or a
566	misdemeanor specified in s. 943.051(3)(b).
567	(e)  Has not been adjudicated guilty of, or adjudicated
568	delinquent for committing, any of the acts stemming from the
569	arrest or alleged criminal activity to which the petition to
570	expunge pertains.
571	(f)  Has never secured a prior sealing or expunction of a
572	criminal history record under this section, former s. 893.14,
573	former s. 901.33, or former s. 943.058.
574	(g)  Is no longer under court supervision applicable to the
575	disposition of the arrest or alleged criminal activity to which
576	the petition to expunge pertains.
577	(h)  Is not required to wait a minimum of 10 years prior to
578	being eligible for an expunction of such records because all
579	charges related to the arrest or criminal activity to which the
580	petition to expunge pertains were dismissed prior to trial,
581	adjudication, or the withholding of adjudication. Otherwise,
582	such criminal history record must be sealed under this section,
583	former s. 893.14, former s. 901.33, or former s. 943.058 for at
584	least 10 years before such record is eligible for expunction.
585	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
586	(a)  In judicial proceedings under this section, a copy of
587	the completed petition to expunge shall be served upon the
588	appropriate state attorney or the statewide prosecutor and upon
589	the arresting agency; however, it is not necessary to make any
590	agency other than the state a party. The appropriate state
591	attorney or the statewide prosecutor and the arresting agency
592	may respond to the court regarding the completed petition to
593	expunge.
594	(b)  If relief is granted by the court, the clerk of the
595	court shall certify copies of the order to the appropriate state
596	attorney or the statewide prosecutor and the arresting agency.
597	The arresting agency is responsible for forwarding the order to
598	any other agency to which the arresting agency disseminated the
599	criminal history record information to which the order pertains.
600	The department shall forward the order to expunge to the Federal
601	Bureau of Investigation. The clerk of the court shall certify a
602	copy of the order to any other agency which the records of the
603	court reflect has received the criminal history record from the
604	court.
605	(c)  For an order to expunge entered by a court prior to
606	July 1, 1992, the department shall notify the appropriate state
607	attorney or statewide prosecutor of an order to expunge which is
608	contrary to law because the person who is the subject of the
609	record has previously been convicted of a crime or comparable
610	ordinance violation or has had a prior criminal history record
611	sealed or expunged. Upon receipt of such notice, the appropriate
612	state attorney or statewide prosecutor shall take action, within
613	60 days, to correct the record and petition the court to void
614	the order to expunge. The department shall seal the record until
615	such time as the order is voided by the court.
616	(d)  On or after July 1, 1992, the department or any other
617	criminal justice agency is not required to act on an order to
618	expunge entered by a court when such order does not comply with
619	the requirements of this section. Upon receipt of such an order,
620	the department must notify the issuing court, the appropriate
621	state attorney or statewide prosecutor, the petitioner or the
622	petitioner's attorney, and the arresting agency of the reason
623	for noncompliance. The appropriate state attorney or statewide
624	prosecutor shall take action within 60 days to correct the
625	record and petition the court to void the order. No cause of
626	action, including contempt of court, shall arise against any
627	criminal justice agency for failure to comply with an order to
628	expunge when the petitioner for such order failed to obtain the
629	certificate of eligibility as required by this section or such
630	order does not otherwise comply with the requirements of this
631	section.
632	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
633	criminal history record of a minor or an adult which is ordered
634	expunged by a court of competent jurisdiction pursuant to this
635	section must be physically destroyed or obliterated by any
636	criminal justice agency having custody of such record; except
637	that any criminal history record in the custody of the
638	department must be retained in all cases. A criminal history
639	record ordered expunged that is retained by the department is
640	confidential and exempt from the provisions of s. 119.07(1) and
641	s. 24(a), Art. I of the State Constitution and not available to
642	any person or entity except upon order of a court of competent
643	jurisdiction. A criminal justice agency may retain a notation
644	indicating compliance with an order to expunge.
645	(a)  The person who is the subject of a criminal history
646	record that is expunged under this section or under other
647	provisions of law, including former s. 893.14, former s. 901.33,
648	and former s. 943.058, may lawfully deny or fail to acknowledge
649	the arrests covered by the expunged record, except when the
650	subject of the record:
651	1.  Is a candidate for employment with a criminal justice
652	agency;
653	2.  Is a defendant in a criminal prosecution;
654	3.  Concurrently or subsequently petitions for relief under
655	this section or s. 943.059;
656	4.  Is a candidate for admission to The Florida Bar;
657	5.  Is seeking to be employed or licensed by or to contract
658	with the Department of Children and Family Services or the
659	Department of Juvenile Justice or to be employed or used by such
660	contractor or licensee in a sensitive position having direct
661	contact with children, the developmentally disabled, the aged,
662	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
663	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
664	409.175(2)(i), s. 415.102(4), s. 985.407, or chapter 400; or
665	6.  Is seeking to be employed or licensed by the Office of
666	Teacher Education, Certification, Staff Development, and
667	Professional Practices of the Department of Education, any
668	district school board, or any local governmental entity that
669	licenses child care facilities.
670	(b)  Subject to the exceptions in paragraph (a), a person
671	who has been granted an expunction under this section, former s.
672	893.14, former s. 901.33, or former s. 943.058 may not be held
673	under any provision of law of this state to commit perjury or to
674	be otherwise liable for giving a false statement by reason of
675	such person's failure to recite or acknowledge an expunged
676	criminal history record.
677	(c)  Information relating to the existence of an expunged
678	criminal history record which is provided in accordance with
679	paragraph (a) is confidential and exempt from the provisions of
680	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
681	except that the department shall disclose the existence of a
682	criminal history record ordered expunged to the entities set
683	forth in subparagraphs (a)1., 4., 5., and 6. for their
684	respective licensing and employment purposes, and to criminal
685	justice agencies for their respective criminal justice purposes.
686	It is unlawful for any employee of an entity set forth in
687	subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
688	subparagraph (a)6. to disclose information relating to the
689	existence of an expunged criminal history record of a person
690	seeking employment or licensure with such entity or contractor,
691	except to the person to whom the criminal history record relates
692	or to persons having direct responsibility for employment or
693	licensure decisions. Any person who violates this paragraph
694	commits a misdemeanor of the first degree, punishable as
695	provided in s. 775.082 or s. 775.083.
696	(5)  STATUTORY REFERENCES.--Any reference to any other
697	chapter, section, or subdivision of the Florida Statutes in this
698	section constitutes a general reference under the doctrine of
699	incorporation by reference.
700	Section 12.  For the purpose of incorporating the
701	amendments made by this act to section 787.025, Florida
702	Statutes, in references thereto, section 943.059, Florida
703	Statutes, is reenacted to read:
704	943.059  Court-ordered sealing of criminal history
705	records.--The courts of this state shall continue to have
706	jurisdiction over their own procedures, including the
707	maintenance, sealing, and correction of judicial records
708	containing criminal history information to the extent such
709	procedures are not inconsistent with the conditions,
710	responsibilities, and duties established by this section. Any
711	court of competent jurisdiction may order a criminal justice
712	agency to seal the criminal history record of a minor or an
713	adult who complies with the requirements of this section. The
714	court shall not order a criminal justice agency to seal a
715	criminal history record until the person seeking to seal a
716	criminal history record has applied for and received a
717	certificate of eligibility for sealing pursuant to subsection
718	(2). A criminal history record that relates to a violation of s.
719	787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
720	825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s.
721	847.0145, s. 893.135, or a violation enumerated in s. 907.041
722	may not be sealed, without regard to whether adjudication was
723	withheld, if the defendant was found guilty of or pled guilty or
724	nolo contendere to the offense, or if the defendant, as a minor,
725	was found to have committed or pled guilty or nolo contendere to
726	committing the offense as a delinquent act. The court may only
727	order sealing of a criminal history record pertaining to one
728	arrest or one incident of alleged criminal activity, except as
729	provided in this section. The court may, at its sole discretion,
730	order the sealing of a criminal history record pertaining to
731	more than one arrest if the additional arrests directly relate
732	to the original arrest. If the court intends to order the
733	sealing of records pertaining to such additional arrests, such
734	intent must be specified in the order. A criminal justice agency
735	may not seal any record pertaining to such additional arrests if
736	the order to seal does not articulate the intention of the court
737	to seal records pertaining to more than one arrest. This section
738	does not prevent the court from ordering the sealing of only a
739	portion of a criminal history record pertaining to one arrest or
740	one incident of alleged criminal activity. Notwithstanding any
741	law to the contrary, a criminal justice agency may comply with
742	laws, court orders, and official requests of other jurisdictions
743	relating to sealing, correction, or confidential handling of
744	criminal history records or information derived therefrom. This
745	section does not confer any right to the sealing of any criminal
746	history record, and any request for sealing a criminal history
747	record may be denied at the sole discretion of the court.
748	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
749	petition to a court to seal a criminal history record is
750	complete only when accompanied by:
751	(a)  A certificate of eligibility for sealing issued by the
752	department pursuant to subsection (2).
753	(b)  The petitioner's sworn statement attesting that the
754	petitioner:
755	1.  Has never, prior to the date on which the petition is
756	filed, been adjudicated guilty of a criminal offense or
757	comparable ordinance violation or adjudicated delinquent for
758	committing a felony or a misdemeanor specified in s.
759	943.051(3)(b).
760	2.  Has not been adjudicated guilty of or adjudicated
761	delinquent for committing any of the acts stemming from the
762	arrest or alleged criminal activity to which the petition to
763	seal pertains.
764	3.  Has never secured a prior sealing or expunction of a
765	criminal history record under this section, former s. 893.14,
766	former s. 901.33, former s. 943.058, or from any jurisdiction
767	outside the state.
768	4.  Is eligible for such a sealing to the best of his or
769	her knowledge or belief and does not have any other petition to
770	seal or any petition to expunge pending before any court.
771
772	Any person who knowingly provides false information on such
773	sworn statement to the court commits a felony of the third
774	degree, punishable as provided in s. 775.082, s. 775.083, or s.
775	775.084.
776	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
777	petitioning the court to seal a criminal history record, a
778	person seeking to seal a criminal history record shall apply to
779	the department for a certificate of eligibility for sealing. The
780	department shall, by rule adopted pursuant to chapter 120,
781	establish procedures pertaining to the application for and
782	issuance of certificates of eligibility for sealing. The
783	department shall issue a certificate of eligibility for sealing
784	to a person who is the subject of a criminal history record
785	provided that such person:
786	(a)  Has submitted to the department a certified copy of
787	the disposition of the charge to which the petition to seal
788	pertains.
789	(b)  Remits a $75 processing fee to the department for
790	placement in the Department of Law Enforcement Operating Trust
791	Fund, unless such fee is waived by the executive director.
792	(c)  Has never, prior to the date on which the application
793	for a certificate of eligibility is filed, been adjudicated
794	guilty of a criminal offense or comparable ordinance violation
795	or adjudicated delinquent for committing a felony or a
796	misdemeanor specified in s. 943.051(3)(b).
797	(d)  Has not been adjudicated guilty of or adjudicated
798	delinquent for committing any of the acts stemming from the
799	arrest or alleged criminal activity to which the petition to
800	seal pertains.
801	(e)  Has never secured a prior sealing or expunction of a
802	criminal history record under this section, former s. 893.14,
803	former s. 901.33, or former s. 943.058.
804	(f)  Is no longer under court supervision applicable to the
805	disposition of the arrest or alleged criminal activity to which
806	the petition to seal pertains.
807	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
808	(a)  In judicial proceedings under this section, a copy of
809	the completed petition to seal shall be served upon the
810	appropriate state attorney or the statewide prosecutor and upon
811	the arresting agency; however, it is not necessary to make any
812	agency other than the state a party. The appropriate state
813	attorney or the statewide prosecutor and the arresting agency
814	may respond to the court regarding the completed petition to
815	seal.
816	(b)  If relief is granted by the court, the clerk of the
817	court shall certify copies of the order to the appropriate state
818	attorney or the statewide prosecutor and to the arresting
819	agency. The arresting agency is responsible for forwarding the
820	order to any other agency to which the arresting agency
821	disseminated the criminal history record information to which
822	the order pertains. The department shall forward the order to
823	seal to the Federal Bureau of Investigation. The clerk of the
824	court shall certify a copy of the order to any other agency
825	which the records of the court reflect has received the criminal
826	history record from the court.
827	(c)  For an order to seal entered by a court prior to July
828	1, 1992, the department shall notify the appropriate state
829	attorney or statewide prosecutor of any order to seal which is
830	contrary to law because the person who is the subject of the
831	record has previously been convicted of a crime or comparable
832	ordinance violation or has had a prior criminal history record
833	sealed or expunged. Upon receipt of such notice, the appropriate
834	state attorney or statewide prosecutor shall take action, within
835	60 days, to correct the record and petition the court to void
836	the order to seal. The department shall seal the record until
837	such time as the order is voided by the court.
838	(d)  On or after July 1, 1992, the department or any other
839	criminal justice agency is not required to act on an order to
840	seal entered by a court when such order does not comply with the
841	requirements of this section. Upon receipt of such an order, the
842	department must notify the issuing court, the appropriate state
843	attorney or statewide prosecutor, the petitioner or the
844	petitioner's attorney, and the arresting agency of the reason
845	for noncompliance. The appropriate state attorney or statewide
846	prosecutor shall take action within 60 days to correct the
847	record and petition the court to void the order. No cause of
848	action, including contempt of court, shall arise against any
849	criminal justice agency for failure to comply with an order to
850	seal when the petitioner for such order failed to obtain the
851	certificate of eligibility as required by this section or when
852	such order does not comply with the requirements of this
853	section.
854	(e)  An order sealing a criminal history record pursuant to
855	this section does not require that such record be surrendered to
856	the court, and such record shall continue to be maintained by
857	the department and other criminal justice agencies.
858	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
859	history record of a minor or an adult which is ordered sealed by
860	a court of competent jurisdiction pursuant to this section is
861	confidential and exempt from the provisions of s. 119.07(1) and
862	s. 24(a), Art. I of the State Constitution and is available only
863	to the person who is the subject of the record, to the subject's
864	attorney, to criminal justice agencies for their respective
865	criminal justice purposes, or to those entities set forth in
866	subparagraphs (a)1., 4., 5., and 6. for their respective
867	licensing and employment purposes.
868	(a)  The subject of a criminal history record sealed under
869	this section or under other provisions of law, including former
870	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
871	deny or fail to acknowledge the arrests covered by the sealed
872	record, except when the subject of the record:
873	1.  Is a candidate for employment with a criminal justice
874	agency;
875	2.  Is a defendant in a criminal prosecution;
876	3.  Concurrently or subsequently petitions for relief under
877	this section or s. 943.0585;
878	4.  Is a candidate for admission to The Florida Bar;
879	5.  Is seeking to be employed or licensed by or to contract
880	with the Department of Children and Family Services or the
881	Department of Juvenile Justice or to be employed or used by such
882	contractor or licensee in a sensitive position having direct
883	contact with children, the developmentally disabled, the aged,
884	or the elderly as provided in s. 110.1127(3), s. 393.063(15), s.
885	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
886	409.175(2)(i), s. 415.102(4), s. 415.103, s. 985.407, or chapter
887	400; or
888	6.  Is seeking to be employed or licensed by the Office of
889	Teacher Education, Certification, Staff Development, and
890	Professional Practices of the Department of Education, any
891	district school board, or any local governmental entity which
892	licenses child care facilities.
893	(b)  Subject to the exceptions in paragraph (a), a person
894	who has been granted a sealing under this section, former s.
895	893.14, former s. 901.33, or former s. 943.058 may not be held
896	under any provision of law of this state to commit perjury or to
897	be otherwise liable for giving a false statement by reason of
898	such person's failure to recite or acknowledge a sealed criminal
899	history record.
900	(c)  Information relating to the existence of a sealed
901	criminal record provided in accordance with the provisions of
902	paragraph (a) is confidential and exempt from the provisions of
903	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
904	except that the department shall disclose the sealed criminal
905	history record to the entities set forth in subparagraphs (a)1.,
906	4., 5., and 6. for their respective licensing and employment
907	purposes. It is unlawful for any employee of an entity set forth
908	in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5.,
909	or subparagraph (a)6. to disclose information relating to the
910	existence of a sealed criminal history record of a person
911	seeking employment or licensure with such entity or contractor,
912	except to the person to whom the criminal history record relates
913	or to persons having direct responsibility for employment or
914	licensure decisions. Any person who violates the provisions of
915	this paragraph commits a misdemeanor of the first degree,
916	punishable as provided in s. 775.082 or s. 775.083.
917	(5)  STATUTORY REFERENCES.--Any reference to any other
918	chapter, section, or subdivision of the Florida Statutes in this
919	section constitutes a general reference under the doctrine of
920	incorporation by reference.
921	Section 13.  For the purpose of incorporating the
922	amendments made by this act to sections 787.01, 787.02, and
923	787.025, Florida Statutes, in references thereto, paragraph (b)
924	of subsection (1) of section 944.606, Florida Statutes, is
925	reenacted to read:
926	944.606  Sexual offenders; notification upon release.--
927	(1)  As used in this section:
928	(b)  "Sexual offender" means a person who has been
929	convicted of committing, or attempting, soliciting, or
930	conspiring to commit, any of the criminal offenses proscribed in
931	the following statutes in this state or similar offenses in
932	another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,
933	where the victim is a minor and the defendant is not the
934	victim's parent; chapter 794, excluding ss. 794.011(10) and
935	794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
936	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
937	any similar offense committed in this state which has been
938	redesignated from a former statute number to one of those listed
939	in this subsection, when the department has received verified
940	information regarding such conviction; an offender's
941	computerized criminal history record is not, in and of itself,
942	verified information.
943	Section 14.  For the purpose of incorporating the
944	amendments made by this act to sections 787.01, 787.02, and
945	787.025, Florida Statutes, in references thereto, paragraph (a)
946	of subsection (1) of section 944.607, Florida Statutes, is
947	reenacted to read:
948	944.607  Notification to Department of Law Enforcement of
949	information on sexual offenders.--
950	(1)  As used in this section, the term:
951	(a)  "Sexual offender" means a person who is in the custody
952	or control of, or under the supervision of, the department or is
953	in the custody of a private correctional facility:
954	1.  On or after October 1, 1997, as a result of a
955	conviction for committing, or attempting, soliciting, or
956	conspiring to commit, any of the criminal offenses proscribed in
957	the following statutes in this state or similar offenses in
958	another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,
959	where the victim is a minor and the defendant is not the
960	victim's parent; chapter 794, excluding ss. 794.011(10) and
961	794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
962	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
963	any similar offense committed in this state which has been
964	redesignated from a former statute number to one of those listed
965	in this paragraph; or
966	2.  Who establishes or maintains a residence in this state
967	and who has not been designated as a sexual predator by a court
968	of this state but who has been designated as a sexual predator,
969	as a sexually violent predator, or by another sexual offender
970	designation in another state or jurisdiction and was, as a
971	result of such designation, subjected to registration or
972	community or public notification, or both, or would be if the
973	person were a resident of that state or jurisdiction.
974	Section 15.  For the purpose of incorporating the
975	amendments made by this act to sections 787.01, 787.02, and
976	787.025, Florida Statutes, in references thereto, subsection
977	(15) of section 948.01, Florida Statutes, is reenacted to read:
978	948.01  When court may place defendant on probation or into
979	community control.--
980	(15)  Effective for an offense committed on or after July
981	1, 1998, a person is ineligible for placement on administrative
982	probation if the person is sentenced to or is serving a term of
983	probation or community control, regardless of the conviction or
984	adjudication, for committing, or attempting, conspiring, or
985	soliciting to commit, any of the felony offenses described in s.
986	787.01 or s. 787.02, where the victim is a minor and the
987	defendant is not the victim's parent; s. 787.025; chapter 794;
988	s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
989	847.0133; s. 847.0135; or s. 847.0145.
990	Section 16.  For the purpose of incorporating the
991	amendments made by this act to section 787.025, Florida
992	Statutes, in references thereto, paragraph (a) of subsection(2)
993	of section 948.06, Florida Statutes, is reenacted to read:
994	948.06  Violation of probation or community control;
995	revocation; modification; continuance; failure to pay
996	restitution or cost of supervision.--
997	(2)(a)  When any state or local law enforcement agency
998	investigates or arrests a person for committing, or attempting,
999	soliciting, or conspiring to commit, a violation of  s. 787.025,
1000	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
1001	847.0135, or s. 847.0145, the law enforcement agency shall
1002	contact the Department of Corrections to verify whether the
1003	person under investigation or under arrest is on probation,
1004	community control, parole, conditional release, or control
1005	release.
1006	Section 17.  This act shall take effect October 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.