Senate Bill sb0218
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Florida Senate - 2004 SB 218
By Senator Crist
12-275-04
1 A bill to be entitled
2 An act relating to crimes against minors;
3 amending ss. 787.01 and 787.02, F.S.; revising
4 the elements of the crimes of kidnapping a
5 minor child and false imprisonment of a minor
6 child; amending s. 787.025, F.S.; revising the
7 elements of the crime of luring or enticing a
8 minor child for an unlawful purpose; increasing
9 the penalty imposed for committing that
10 offense; reenacting ss. 435.03(2)(j) and (k),
11 435.04(2)(k) and (l), 775.21(4), 903.133, and
12 910.14, F.S., relating to screening standards,
13 the Florida Sexual Predators Act, bail on
14 appeal, and kidnapping, to incorporate the
15 amendments to ss. 787.01, 787.02, 787.025,
16 F.S., in references thereto; reenacting and
17 amending s. 921.0022(3)(f), (i), and (j), F.S.,
18 relating to the offense severity ranking chart
19 of the Criminal Punishment Code, to incorporate
20 the amendments to s. 787.02, F.S., in
21 references thereto; conforming provisions to
22 changes made by the act; reenacting ss.
23 943.0435(1)(a), 943.0585, 943.059,
24 944.606(1)(b), 944.607(1)(a), 948.01(15), and
25 948.06(2)(a), F.S., relating to the
26 registration of sexual offenders, expunction
27 and court-ordered sealing of criminal history
28 records, the definition of the term "sexual
29 offender," and probation and community control,
30 to incorporate the amendments to ss. 787.01,
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1 787.02, 787.025, F.S., in references thereto;
2 providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 787.01, Florida Statutes, is
7 amended to read:
8 787.01 Kidnapping; kidnapping of child under age 16
9 13, aggravating circumstances.--
10 (1)(a) The term "kidnapping" means forcibly, secretly,
11 or by threat confining, abducting, or imprisoning another
12 person against her or his will and without lawful authority,
13 with intent to:
14 1. Hold for ransom or reward or as a shield or
15 hostage.
16 2. Commit or facilitate commission of any felony.
17 3. Inflict bodily harm upon or to terrorize the victim
18 or another person.
19 4. Interfere with the performance of any governmental
20 or political function.
21 (b) Confinement of a child under the age of 16 13 is
22 against her or his will within the meaning of this subsection
23 if such confinement is without the consent of her or his
24 parent or legal guardian.
25 (2) A person who kidnaps a person is guilty of a
26 felony of the first degree, punishable by imprisonment for a
27 term of years not exceeding life or as provided in s. 775.082,
28 s. 775.083, or s. 775.084.
29 (3)(a) A person who commits the offense of kidnapping
30 upon a child under the age of 16 13 and who, in the course of
31 committing the offense, commits one or more of the following:
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1 1. Aggravated child abuse, as defined in s. 827.03;
2 2. Sexual battery, as defined in chapter 794, against
3 the child;
4 3. Lewd or lascivious battery, lewd or lascivious
5 molestation, lewd or lascivious conduct, or lewd or lascivious
6 exhibition, in violation of s. 800.04;
7 4. A violation of s. 796.03 or s. 796.04, relating to
8 prostitution, upon the child; or
9 5. Exploitation of the child or allowing the child to
10 be exploited, in violation of s. 450.151,
11
12 commits a life felony, punishable as provided in s. 775.082,
13 s. 775.083, or s. 775.084.
14 (b) Pursuant to s. 775.021(4), nothing contained
15 herein shall be construed to prohibit the imposition of
16 separate judgments and sentences for the life felony described
17 in paragraph (a) and for each separate offense enumerated in
18 subparagraphs (a)1.-5.
19 Section 2. Section 787.02, Florida Statutes, is
20 amended to read:
21 787.02 False imprisonment; false imprisonment of child
22 under age 16 13, aggravating circumstances.--
23 (1)(a) The term "false imprisonment" means forcibly,
24 by threat, or secretly confining, abducting, imprisoning, or
25 restraining another person without lawful authority and
26 against her or his will.
27 (b) Confinement of a child under the age of 16 13 is
28 against her or his will within the meaning of this section if
29 such confinement is without the consent of her or his parent
30 or legal guardian.
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1 (2) A person who commits the offense of false
2 imprisonment is guilty of a felony of the third degree,
3 punishable as provided in s. 775.082, s. 775.083, or s.
4 775.084.
5 (3)(a) A person who commits the offense of false
6 imprisonment upon a child under the age of 16 13 and who, in
7 the course of committing the offense, commits any offense
8 enumerated in subparagraphs 1.-5., commits a felony of the
9 first degree, punishable by imprisonment for a term of years
10 not exceeding life or as provided in s. 775.082, s. 775.083,
11 or s. 775.084.
12 1. Aggravated child abuse, as defined in s. 827.03;
13 2. Sexual battery, as defined in chapter 794, against
14 the child;
15 3. Lewd or lascivious battery, lewd or lascivious
16 molestation, lewd or lascivious conduct, or lewd or lascivious
17 exhibition, in violation of s. 800.04;
18 4. A violation of s. 796.03 or s. 796.04, relating to
19 prostitution, upon the child; or
20 5. Exploitation of the child or allowing the child to
21 be exploited, in violation of s. 450.151.
22 (b) Pursuant to s. 775.021(4), nothing contained
23 herein shall be construed to prohibit the imposition of
24 separate judgments and sentences for the first degree offense
25 described in paragraph (a) and for each separate offense
26 enumerated in subparagraphs (a)1.-5.
27 Section 3. Section 787.025, Florida Statutes, is
28 amended to read:
29 787.025 Luring or enticing a child.--
30 (1) As used in this section, the term:
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1 (a) "Structure" means a building of any kind, either
2 temporary or permanent, which has a roof over it, together
3 with the curtilage thereof.
4 (b) "Dwelling" means a building or conveyance of any
5 kind, either temporary or permanent, mobile or immobile, which
6 has a roof over it and is designed to be occupied by people
7 lodging together therein at night, together with the curtilage
8 thereof.
9 (c) "Conveyance" means any motor vehicle, ship,
10 vessel, railroad car, trailer, aircraft, or sleeping car.
11 (2)(a) A person over the age of 18 who, having been
12 previously convicted of a violation of chapter 794 or s.
13 800.04, or a violation of a similar law of another
14 jurisdiction, intentionally lures or entices, or attempts to
15 lure or entice, a child under the age of 16 12 into a
16 structure, dwelling, or conveyance for other than a lawful
17 purpose commits a felony of the second third degree,
18 punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084.
20 (b) For purposes of this section, the luring or
21 enticing, or attempted luring or enticing, of a child under
22 the age of 16 12 into a structure, dwelling, or conveyance
23 without the consent of the child's parent or legal guardian
24 shall be prima facie evidence of other than a lawful purpose.
25 (3) It is an affirmative defense to a prosecution
26 under this section that:
27 (a) The person reasonably believed that his or her
28 action was necessary to prevent the child from being seriously
29 injured.
30
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1 (b) The person lured or enticed, or attempted to lure
2 or entice, the child under the age of 16 12 into a structure,
3 dwelling, or conveyance for a lawful purpose.
4 (c) The person's actions were reasonable under the
5 circumstances and the defendant did not have any intent to
6 harm the health, safety, or welfare of the child.
7 Section 4. For the purpose of incorporating the
8 amendments made by this act to sections 787.01 and 787.02,
9 Florida Statutes, in references thereto, paragraphs (j) and
10 (k) of subsection (2) of section 435.03, Florida Statutes, are
11 reenacted to read:
12 435.03 Level 1 screening standards.--
13 (2) Any person for whom employment screening is
14 required by statute must not have been found guilty of,
15 regardless of adjudication, or entered a plea of nolo
16 contendere or guilty to, any offense prohibited under any of
17 the following provisions of the Florida Statutes or under any
18 similar statute of another jurisdiction:
19 (j) Section 787.01, relating to kidnapping.
20 (k) Section 787.02, relating to false imprisonment.
21 Section 5. For the purpose of incorporating the
22 amendments made by this act to sections 787.01 and 787.02,
23 Florida Statutes, in references thereto, paragraphs (k) and
24 (l) of subsection (2) of section 435.04, Florida Statutes, are
25 reenacted to read:
26 435.04 Level 2 screening standards.--
27 (2) The security background investigations under this
28 section must ensure that no persons subject to the provisions
29 of this section have been found guilty of, regardless of
30 adjudication, or entered a plea of nolo contendere or guilty
31 to, any offense prohibited under any of the following
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1 provisions of the Florida Statutes or under any similar
2 statute of another jurisdiction:
3 (k) Section 787.01, relating to kidnapping.
4 (l) Section 787.02, relating to false imprisonment.
5 Section 6. For the purpose of incorporating the
6 amendments made by this act to sections 787.01, 787.02, and
7 787.025, Florida Statutes, in references thereto, subsection
8 (4) of section 775.21, Florida Statutes, is reenacted to read:
9 775.21 The Florida Sexual Predators Act; definitions;
10 legislative findings, purpose, and intent; criteria;
11 designation; registration; community and public notification;
12 immunity; penalties.--
13 (4) SEXUAL PREDATOR CRITERIA.--
14 (a) For a current offense committed on or after
15 October 1, 1993, upon conviction, an offender shall be
16 designated as a "sexual predator" under subsection (5), and
17 subject to registration under subsection (6) and community and
18 public notification under subsection (7) if:
19 1. The felony is:
20 a. A capital, life, or first-degree felony violation,
21 or any attempt thereof, of s. 787.01 or s. 787.02, where the
22 victim is a minor and the defendant is not the victim's
23 parent, or of chapter 794, s. 800.04, or s. 847.0145, or a
24 violation of a similar law of another jurisdiction; or
25 b. Any felony violation, or any attempt thereof, of s.
26 787.01, s. 787.02, or s. 787.025, where the victim is a minor
27 and the defendant is not the victim's parent; chapter 794,
28 excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04;
29 s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation
30 of a similar law of another jurisdiction, and the offender has
31 previously been convicted of or found to have committed, or
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1 has pled nolo contendere or guilty to, regardless of
2 adjudication, any violation of s. 787.01, s. 787.02, or s.
3 787.025, where the victim is a minor and the defendant is not
4 the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.
5 794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
6 847.0133; s. 847.0135; or s. 847.0145, or a violation of a
7 similar law of another jurisdiction;
8 2. The offender has not received a pardon for any
9 felony or similar law of another jurisdiction that is
10 necessary for the operation of this paragraph; and
11 3. A conviction of a felony or similar law of another
12 jurisdiction necessary to the operation of this paragraph has
13 not been set aside in any postconviction proceeding.
14 (b) In order to be counted as a prior felony for
15 purposes of this subsection, the felony must have resulted in
16 a conviction sentenced separately, or an adjudication of
17 delinquency entered separately, prior to the current offense
18 and sentenced or adjudicated separately from any other felony
19 conviction that is to be counted as a prior felony. If the
20 offender's prior enumerated felony was committed more than 10
21 years before the primary offense, it shall not be considered a
22 prior felony under this subsection if the offender has not
23 been convicted of any other crime for a period of 10
24 consecutive years from the most recent date of release from
25 confinement, supervision, or sanction, whichever is later.
26 (c) If an offender has been registered as a sexual
27 predator by the Department of Corrections, the department, or
28 any other law enforcement agency and if:
29 1. The court did not, for whatever reason, make a
30 written finding at the time of sentencing that the offender
31 was a sexual predator; or
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1 2. The offender was administratively registered as a
2 sexual predator because the Department of Corrections, the
3 department, or any other law enforcement agency obtained
4 information that indicated that the offender met the criteria
5 for designation as a sexual predator based on a violation of a
6 similar law in another jurisdiction,
7
8 the department shall remove that offender from the
9 department's list of sexual predators and, for an offender
10 described under subparagraph 1., shall notify the state
11 attorney who prosecuted the offense that met the criteria for
12 administrative designation as a sexual predator, and, for an
13 offender described under this subparagraph, shall notify the
14 state attorney of the county where the offender establishes or
15 maintains a permanent or temporary residence. The state
16 attorney shall bring the matter to the court's attention in
17 order to establish that the offender meets the criteria for
18 designation as a sexual predator. If the court makes a written
19 finding that the offender is a sexual predator, the offender
20 must be designated as a sexual predator, must register or be
21 registered as a sexual predator with the department as
22 provided in subsection (6), and is subject to the community
23 and public notification as provided in subsection (7). If the
24 court does not make a written finding that the offender is a
25 sexual predator, the offender may not be designated as a
26 sexual predator with respect to that offense and is not
27 required to register or be registered as a sexual predator
28 with the department.
29 Section 7. For the purpose of incorporating the
30 amendments made by this act to section 787.01, Florida
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1 Statutes, in references thereto, section 903.133, Florida
2 Statutes, is reenacted to read:
3 903.133 Bail on appeal; prohibited for certain felony
4 convictions.--Notwithstanding the provisions of s. 903.132, no
5 person adjudged guilty of a felony of the first degree for a
6 violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
7 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
8 violation of s. 794.011(2) or (3), shall be admitted to bail
9 pending review either by posttrial motion or appeal.
10 Section 8. For the purpose of incorporating the
11 amendments made by this act to sections 787.01 and 787.02,
12 Florida Statutes, in references thereto, section 910.14,
13 Florida Statutes, is reenacted to read:
14 910.14 Kidnapping.--A person who commits an offense
15 provided for in s. 787.01 or s. 787.02 may be tried in any
16 county in which the person's victim has been taken or confined
17 during the course of the offense.
18 Section 9. For the purpose of incorporating the
19 amendments made by this act to sections 787.01 and 787.02,
20 Florida Statutes, in references thereto, paragraphs (f), (i),
21 and (j) of subsection (3) of section 921.0022, Florida
22 Statutes, are reenacted and amended to read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
26
27 Florida Felony
28 Statute Degree Description
29
30
31 (f) LEVEL 6
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1 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
2 conviction.
3 499.0051(3) 2nd Forgery of pedigree papers.
4 499.0051(4) 2nd Purchase or receipt of legend
5 drug from unauthorized person.
6 499.0051(5) 2nd Sale of legend drug to
7 unauthorized person.
8 775.0875(1) 3rd Taking firearm from law
9 enforcement officer.
10 775.21(10) 3rd Sexual predators; failure to
11 register; failure to renew
12 driver's license or
13 identification card.
14 784.021(1)(a) 3rd Aggravated assault; deadly weapon
15 without intent to kill.
16 784.021(1)(b) 3rd Aggravated assault; intent to
17 commit felony.
18 784.041 3rd Felony battery.
19 784.048(3) 3rd Aggravated stalking; credible
20 threat.
21 784.048(5) 3rd Aggravated stalking of person
22 under 16.
23 784.07(2)(c) 2nd Aggravated assault on law
24 enforcement officer.
25 784.074(1)(b) 2nd Aggravated assault on sexually
26 violent predators facility staff.
27 784.08(2)(b) 2nd Aggravated assault on a person 65
28 years of age or older.
29 784.081(2) 2nd Aggravated assault on specified
30 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 784.083(2) 2nd Aggravated assault on code
5 inspector.
6 787.02(2) 3rd False imprisonment; restraining
7 with purpose other than those in
8 s. 787.01.
9 790.115(2)(d) 2nd Discharging firearm or weapon on
10 school property.
11 790.161(2) 2nd Make, possess, or throw
12 destructive device with intent to
13 do bodily harm or damage
14 property.
15 790.164(1) 2nd False report of deadly explosive,
16 weapon of mass destruction, or
17 act of arson or violence to state
18 property.
19 790.19 2nd Shooting or throwing deadly
20 missiles into dwellings, vessels,
21 or vehicles.
22 794.011(8)(a) 3rd Solicitation of minor to
23 participate in sexual activity by
24 custodial adult.
25 794.05(1) 2nd Unlawful sexual activity with
26 specified minor.
27 800.04(5)(d) 3rd Lewd or lascivious molestation;
28 victim 12 years of age or older
29 but less than 16 years; offender
30 less than 18 years.
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1 800.04(6)(b) 2nd Lewd or lascivious conduct;
2 offender 18 years of age or
3 older.
4 806.031(2) 2nd Arson resulting in great bodily
5 harm to firefighter or any other
6 person.
7 810.02(3)(c) 2nd Burglary of occupied structure;
8 unarmed; no assault or battery.
9 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
10 but less than $100,000, grand
11 theft in 2nd degree.
12 812.014(2)(b)2. 2nd Property stolen; cargo valued at
13 less than $50,000, grand theft in
14 2nd degree.
15 812.015(9) 2nd Retail theft; property stolen
16 $300 or more; second or
17 subsequent conviction.
18 812.13(2)(c) 2nd Robbery, no firearm or other
19 weapon (strong-arm robbery).
20 817.034(4)(a)1. 1st Communications fraud, value
21 greater than $50,000.
22 817.4821(5) 2nd Possess cloning paraphernalia
23 with intent to create cloned
24 cellular telephones.
25 825.102(1) 3rd Abuse of an elderly person or
26 disabled adult.
27 825.102(3)(c) 3rd Neglect of an elderly person or
28 disabled adult.
29 825.1025(3) 3rd Lewd or lascivious molestation of
30 an elderly person or disabled
31 adult.
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1 825.103(2)(c) 3rd Exploiting an elderly person or
2 disabled adult and property is
3 valued at less than $20,000.
4 827.03(1) 3rd Abuse of a child.
5 827.03(3)(c) 3rd Neglect of a child.
6 827.071(2)&(3) 2nd Use or induce a child in a sexual
7 performance, or promote or direct
8 such performance.
9 836.05 2nd Threats; extortion.
10 836.10 2nd Written threats to kill or do
11 bodily injury.
12 843.12 3rd Aids or assists person to escape.
13 847.0135(3) 3rd Solicitation of a child, via a
14 computer service, to commit an
15 unlawful sex act.
16 914.23 2nd Retaliation against a witness,
17 victim, or informant, with bodily
18 injury.
19 943.0435(9) 3rd Sex offenders; failure to comply
20 with reporting requirements.
21 944.35(3)(a)2. 3rd Committing malicious battery upon
22 or inflicting cruel or inhuman
23 treatment on an inmate or
24 offender on community
25 supervision, resulting in great
26 bodily harm.
27 944.40 2nd Escapes.
28 944.46 3rd Harboring, concealing, aiding
29 escaped prisoners.
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1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 (i) LEVEL 9
8 316.193
9 (3)(c)3.b. 1st DUI manslaughter; failing to
10 render aid or give information.
11 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
12 render aid or give information.
13 499.0053 1st Sale or purchase of contraband
14 legend drugs resulting in great
15 bodily harm.
16 560.123(8)(b)3. 1st Failure to report currency or
17 payment instruments totaling or
18 exceeding $100,000 by money
19 transmitter.
20 560.125(5)(c) 1st Money transmitter business by
21 unauthorized person, currency, or
22 payment instruments totaling or
23 exceeding $100,000.
24 655.50(10)(b)3. 1st Failure to report financial
25 transactions totaling or
26 exceeding $100,000 by financial
27 institution.
28 775.0844 1st Aggravated white collar crime.
29 782.04(1) 1st Attempt, conspire, or solicit to
30 commit premeditated murder.
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1 782.04(3) 1st,PBL Accomplice to murder in
2 connection with arson, sexual
3 battery, robbery, burglary, and
4 other specified felonies.
5 782.051(1) 1st Attempted felony murder while
6 perpetrating or attempting to
7 perpetrate a felony enumerated in
8 s. 782.04(3).
9 782.07(2) 1st Aggravated manslaughter of an
10 elderly person or disabled adult.
11 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
12 reward or as a shield or hostage.
13 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit
14 or facilitate commission of any
15 felony.
16 787.01(1)(a)4. 1st,PBL Kidnapping with intent to
17 interfere with performance of any
18 governmental or political
19 function.
20 787.02(3)(a) 1st False imprisonment; child under
21 age 16 13; perpetrator also
22 commits aggravated child abuse,
23 sexual battery, or lewd or
24 lascivious battery, molestation,
25 conduct, or exhibition.
26 790.161 1st Attempted capital destructive
27 device offense.
28 790.166(2) 1st,PBL Possessing, selling, using, or
29 attempting to use a weapon of
30 mass destruction.
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1 794.011(2) 1st Attempted sexual battery; victim
2 less than 12 years of age.
3 794.011(2) Life Sexual battery; offender younger
4 than 18 years and commits sexual
5 battery on a person less than 12
6 years.
7 794.011(4) 1st Sexual battery; victim 12 years
8 or older, certain circumstances.
9 794.011(8)(b) 1st Sexual battery; engage in sexual
10 conduct with minor 12 to 18 years
11 by person in familial or
12 custodial authority.
13 800.04(5)(b) 1st Lewd or lascivious molestation;
14 victim less than 12 years;
15 offender 18 years or older.
16 812.13(2)(a) 1st,PBL Robbery with firearm or other
17 deadly weapon.
18 812.133(2)(a) 1st,PBL Carjacking; firearm or other
19 deadly weapon.
20 817.568(7) 2nd,PBL Fraudulent use of personal
21 identification information of an
22 individual under the age of 18 by
23 his or her parent, legal
24 guardian, or person exercising
25 custodial authority.
26 827.03(2) 1st Aggravated child abuse.
27 847.0145(1) 1st Selling, or otherwise
28 transferring custody or control,
29 of a minor.
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1 847.0145(2) 1st Purchasing, or otherwise
2 obtaining custody or control, of
3 a minor.
4 859.01 1st Poisoning or introducing
5 bacteria, radioactive materials,
6 viruses, or chemical compounds
7 into food, drink, medicine, or
8 water with intent to kill or
9 injure another person.
10 893.135 1st Attempted capital trafficking
11 offense.
12 893.135(1)(a)3. 1st Trafficking in cannabis, more
13 than 10,000 lbs.
14 893.135
15 (1)(b)1.c. 1st Trafficking in cocaine, more than
16 400 grams, less than 150
17 kilograms.
18 893.135
19 (1)(c)1.c. 1st Trafficking in illegal drugs,
20 more than 28 grams, less than 30
21 kilograms.
22 893.135
23 (1)(d)1.c. 1st Trafficking in phencyclidine,
24 more than 400 grams.
25 893.135
26 (1)(e)1.c. 1st Trafficking in methaqualone, more
27 than 25 kilograms.
28 893.135
29 (1)(f)1.c. 1st Trafficking in amphetamine, more
30 than 200 grams.
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1 893.135
2 (1)(h)1.c. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 10 kilograms or more.
5 893.135
6 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
7 kilograms or more.
8 893.135
9 (1)(k)2.c. 1st Trafficking in Phenethylamines,
10 400 grams or more.
11 896.101(5)(c) 1st Money laundering, financial
12 instruments totaling or exceeding
13 $100,000.
14 896.104(4)(a)3. 1st Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions totaling or
18 exceeding $100,000.
19 (j) LEVEL 10
20 499.0054 1st Sale or purchase of contraband
21 legend drugs resulting in death.
22 782.04(2) 1st,PBL Unlawful killing of human; act is
23 homicide, unpremeditated.
24 787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm
25 upon or terrorize victim.
26 787.01(3)(a) Life Kidnapping; child under age 16
27 13, perpetrator also commits
28 aggravated child abuse, sexual
29 battery, or lewd or lascivious
30 battery, molestation, conduct, or
31 exhibition.
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1 782.07(3) 1st Aggravated manslaughter of a
2 child.
3 794.011(3) Life Sexual battery; victim 12 years
4 or older, offender uses or
5 threatens to use deadly weapon or
6 physical force to cause serious
7 injury.
8 876.32 1st Treason against the state.
9 Section 10. For the purpose of incorporating the
10 amendments made by this act to sections 787.01, 787.02, and
11 787.025, Florida Statutes, in references thereto, paragraph
12 (a) of subsection (1) of section 943.0435, Florida Statutes,
13 is reenacted to read:
14 943.0435 Sexual offenders required to register with
15 the department; penalty.--
16 (1) As used in this section, the term:
17 (a) "Sexual offender" means a person who:
18 1. Has been convicted of committing, or attempting,
19 soliciting, or conspiring to commit, any of the criminal
20 offenses proscribed in the following statutes in this state or
21 similar offenses in another jurisdiction: s. 787.01, s.
22 787.02, or s. 787.025, where the victim is a minor and the
23 defendant is not the victim's parent; chapter 794, excluding
24 ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
25 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;
26 s. 847.0138; s. 847.0145; or any similar offense committed in
27 this state which has been redesignated from a former statute
28 number to one of those listed in this subparagraph; and
29 2. Has been released on or after October 1, 1997, from
30 the sanction imposed for any conviction of an offense
31 described in subparagraph 1. For purposes of subparagraph 1.,
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1 a sanction imposed in this state or in any other jurisdiction
2 includes, but is not limited to, a fine, probation, community
3 control, parole, conditional release, control release, or
4 incarceration in a state prison, federal prison, private
5 correctional facility, or local detention facility; or
6 3. Establishes or maintains a residence in this state
7 and who has not been designated as a sexual predator by a
8 court of this state but who has been designated as a sexual
9 predator, as a sexually violent predator, or by another sexual
10 offender designation in another state or jurisdiction and was,
11 as a result of such designation, subjected to registration or
12 community or public notification, or both, or would be if the
13 person were a resident of that state or jurisdiction; or
14 4. Establishes or maintains a residence in this state
15 who is in the custody or control of, or under the supervision
16 of, any other state or jurisdiction as a result of a
17 conviction for committing, or attempting, soliciting, or
18 conspiring to commit, any of the criminal offenses proscribed
19 in the following statutes or similar offense in another
20 jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the
21 victim is a minor and the defendant is not the victim's
22 parent; chapter 794, excluding ss. 794.011(10) and 794.0235;
23 s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
24 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any
25 similar offense committed in this state which has been
26 redesignated from a former statute number to one of those
27 listed in this subparagraph.
28 Section 11. For the purpose of incorporating the
29 amendments made by this act to section 787.025, Florida
30 Statutes, in references thereto, section 943.0585, Florida
31 Statutes, is reenacted to read:
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1 943.0585 Court-ordered expunction of criminal history
2 records.--The courts of this state have jurisdiction over
3 their own procedures, including the maintenance, expunction,
4 and correction of judicial records containing criminal history
5 information to the extent such procedures are not inconsistent
6 with the conditions, responsibilities, and duties established
7 by this section. Any court of competent jurisdiction may order
8 a criminal justice agency to expunge the criminal history
9 record of a minor or an adult who complies with the
10 requirements of this section. The court shall not order a
11 criminal justice agency to expunge a criminal history record
12 until the person seeking to expunge a criminal history record
13 has applied for and received a certificate of eligibility for
14 expunction pursuant to subsection (2). A criminal history
15 record that relates to a violation of s. 787.025, chapter 794,
16 s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,
17 chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
18 893.135, or a violation enumerated in s. 907.041 may not be
19 expunged, without regard to whether adjudication was withheld,
20 if the defendant was found guilty of or pled guilty or nolo
21 contendere to the offense, or if the defendant, as a minor,
22 was found to have committed, or pled guilty or nolo contendere
23 to committing, the offense as a delinquent act. The court may
24 only order expunction of a criminal history record pertaining
25 to one arrest or one incident of alleged criminal activity,
26 except as provided in this section. The court may, at its sole
27 discretion, order the expunction of a criminal history record
28 pertaining to more than one arrest if the additional arrests
29 directly relate to the original arrest. If the court intends
30 to order the expunction of records pertaining to such
31 additional arrests, such intent must be specified in the
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1 order. A criminal justice agency may not expunge any record
2 pertaining to such additional arrests if the order to expunge
3 does not articulate the intention of the court to expunge a
4 record pertaining to more than one arrest. This section does
5 not prevent the court from ordering the expunction of only a
6 portion of a criminal history record pertaining to one arrest
7 or one incident of alleged criminal activity. Notwithstanding
8 any law to the contrary, a criminal justice agency may comply
9 with laws, court orders, and official requests of other
10 jurisdictions relating to expunction, correction, or
11 confidential handling of criminal history records or
12 information derived therefrom. This section does not confer
13 any right to the expunction of any criminal history record,
14 and any request for expunction of a criminal history record
15 may be denied at the sole discretion of the court.
16 (1) PETITION TO EXPUNGE A CRIMINAL HISTORY
17 RECORD.--Each petition to a court to expunge a criminal
18 history record is complete only when accompanied by:
19 (a) A certificate of eligibility for expunction issued
20 by the department pursuant to subsection (2).
21 (b) The petitioner's sworn statement attesting that
22 the petitioner:
23 1. Has never, prior to the date on which the petition
24 is filed, been adjudicated guilty of a criminal offense or
25 comparable ordinance violation or adjudicated delinquent for
26 committing a felony or a misdemeanor specified in s.
27 943.051(3)(b).
28 2. Has not been adjudicated guilty of, or adjudicated
29 delinquent for committing, any of the acts stemming from the
30 arrest or alleged criminal activity to which the petition
31 pertains.
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1 3. Has never secured a prior sealing or expunction of
2 a criminal history record under this section, former s.
3 893.14, former s. 901.33, or former s. 943.058, or from any
4 jurisdiction outside the state.
5 4. Is eligible for such an expunction to the best of
6 his or her knowledge or belief and does not have any other
7 petition to expunge or any petition to seal pending before any
8 court.
9
10 Any person who knowingly provides false information on such
11 sworn statement to the court commits a felony of the third
12 degree, punishable as provided in s. 775.082, s. 775.083, or
13 s. 775.084.
14 (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior
15 to petitioning the court to expunge a criminal history record,
16 a person seeking to expunge a criminal history record shall
17 apply to the department for a certificate of eligibility for
18 expunction. The department shall, by rule adopted pursuant to
19 chapter 120, establish procedures pertaining to the
20 application for and issuance of certificates of eligibility
21 for expunction. The department shall issue a certificate of
22 eligibility for expunction to a person who is the subject of a
23 criminal history record if that person:
24 (a) Has obtained, and submitted to the department, a
25 written, certified statement from the appropriate state
26 attorney or statewide prosecutor which indicates:
27 1. That an indictment, information, or other charging
28 document was not filed or issued in the case.
29 2. That an indictment, information, or other charging
30 document, if filed or issued in the case, was dismissed or
31
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1 nolle prosequi by the state attorney or statewide prosecutor,
2 or was dismissed by a court of competent jurisdiction.
3 3. That the criminal history record does not relate to
4 a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,
5 s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133,
6 s. 847.0135, s. 847.0145, s. 893.135, or a violation
7 enumerated in s. 907.041, where the defendant was found guilty
8 of, or pled guilty or nolo contendere to any such offense, or
9 that the defendant, as a minor, was found to have committed,
10 or pled guilty or nolo contendere to committing, such an
11 offense as a delinquent act, without regard to whether
12 adjudication was withheld.
13 (b) Remits a $75 processing fee to the department for
14 placement in the Department of Law Enforcement Operating Trust
15 Fund, unless such fee is waived by the executive director.
16 (c) Has submitted to the department a certified copy
17 of the disposition of the charge to which the petition to
18 expunge pertains.
19 (d) Has never, prior to the date on which the
20 application for a certificate of eligibility is filed, been
21 adjudicated guilty of a criminal offense or comparable
22 ordinance violation or adjudicated delinquent for committing a
23 felony or a misdemeanor specified in s. 943.051(3)(b).
24 (e) Has not been adjudicated guilty of, or adjudicated
25 delinquent for committing, any of the acts stemming from the
26 arrest or alleged criminal activity to which the petition to
27 expunge pertains.
28 (f) Has never secured a prior sealing or expunction of
29 a criminal history record under this section, former s.
30 893.14, former s. 901.33, or former s. 943.058.
31
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1 (g) Is no longer under court supervision applicable to
2 the disposition of the arrest or alleged criminal activity to
3 which the petition to expunge pertains.
4 (h) Is not required to wait a minimum of 10 years
5 prior to being eligible for an expunction of such records
6 because all charges related to the arrest or criminal activity
7 to which the petition to expunge pertains were dismissed prior
8 to trial, adjudication, or the withholding of adjudication.
9 Otherwise, such criminal history record must be sealed under
10 this section, former s. 893.14, former s. 901.33, or former s.
11 943.058 for at least 10 years before such record is eligible
12 for expunction.
13 (3) PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
14 (a) In judicial proceedings under this section, a copy
15 of the completed petition to expunge shall be served upon the
16 appropriate state attorney or the statewide prosecutor and
17 upon the arresting agency; however, it is not necessary to
18 make any agency other than the state a party. The appropriate
19 state attorney or the statewide prosecutor and the arresting
20 agency may respond to the court regarding the completed
21 petition to expunge.
22 (b) If relief is granted by the court, the clerk of
23 the court shall certify copies of the order to the appropriate
24 state attorney or the statewide prosecutor and the arresting
25 agency. The arresting agency is responsible for forwarding the
26 order to any other agency to which the arresting agency
27 disseminated the criminal history record information to which
28 the order pertains. The department shall forward the order to
29 expunge to the Federal Bureau of Investigation. The clerk of
30 the court shall certify a copy of the order to any other
31
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1 agency which the records of the court reflect has received the
2 criminal history record from the court.
3 (c) For an order to expunge entered by a court prior
4 to July 1, 1992, the department shall notify the appropriate
5 state attorney or statewide prosecutor of an order to expunge
6 which is contrary to law because the person who is the subject
7 of the record has previously been convicted of a crime or
8 comparable ordinance violation or has had a prior criminal
9 history record sealed or expunged. Upon receipt of such
10 notice, the appropriate state attorney or statewide prosecutor
11 shall take action, within 60 days, to correct the record and
12 petition the court to void the order to expunge. The
13 department shall seal the record until such time as the order
14 is voided by the court.
15 (d) On or after July 1, 1992, the department or any
16 other criminal justice agency is not required to act on an
17 order to expunge entered by a court when such order does not
18 comply with the requirements of this section. Upon receipt of
19 such an order, the department must notify the issuing court,
20 the appropriate state attorney or statewide prosecutor, the
21 petitioner or the petitioner's attorney, and the arresting
22 agency of the reason for noncompliance. The appropriate state
23 attorney or statewide prosecutor shall take action within 60
24 days to correct the record and petition the court to void the
25 order. No cause of action, including contempt of court, shall
26 arise against any criminal justice agency for failure to
27 comply with an order to expunge when the petitioner for such
28 order failed to obtain the certificate of eligibility as
29 required by this section or such order does not otherwise
30 comply with the requirements of this section.
31
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1 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
2 criminal history record of a minor or an adult which is
3 ordered expunged by a court of competent jurisdiction pursuant
4 to this section must be physically destroyed or obliterated by
5 any criminal justice agency having custody of such record;
6 except that any criminal history record in the custody of the
7 department must be retained in all cases. A criminal history
8 record ordered expunged that is retained by the department is
9 confidential and exempt from the provisions of s. 119.07(1)
10 and s. 24(a), Art. I of the State Constitution and not
11 available to any person or entity except upon order of a court
12 of competent jurisdiction. A criminal justice agency may
13 retain a notation indicating compliance with an order to
14 expunge.
15 (a) The person who is the subject of a criminal
16 history record that is expunged under this section or under
17 other provisions of law, including former s. 893.14, former s.
18 901.33, and former s. 943.058, may lawfully deny or fail to
19 acknowledge the arrests covered by the expunged record, except
20 when the subject of the record:
21 1. Is a candidate for employment with a criminal
22 justice agency;
23 2. Is a defendant in a criminal prosecution;
24 3. Concurrently or subsequently petitions for relief
25 under this section or s. 943.059;
26 4. Is a candidate for admission to The Florida Bar;
27 5. Is seeking to be employed or licensed by or to
28 contract with the Department of Children and Family Services
29 or the Department of Juvenile Justice or to be employed or
30 used by such contractor or licensee in a sensitive position
31 having direct contact with children, the developmentally
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1 disabled, the aged, or the elderly as provided in s.
2 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
3 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
4 985.407, or chapter 400; or
5 6. Is seeking to be employed or licensed by the Office
6 of Teacher Education, Certification, Staff Development, and
7 Professional Practices of the Department of Education, any
8 district school board, or any local governmental entity that
9 licenses child care facilities.
10 (b) Subject to the exceptions in paragraph (a), a
11 person who has been granted an expunction under this section,
12 former s. 893.14, former s. 901.33, or former s. 943.058 may
13 not be held under any provision of law of this state to commit
14 perjury or to be otherwise liable for giving a false statement
15 by reason of such person's failure to recite or acknowledge an
16 expunged criminal history record.
17 (c) Information relating to the existence of an
18 expunged criminal history record which is provided in
19 accordance with paragraph (a) is confidential and exempt from
20 the provisions of s. 119.07(1) and s. 24(a), Art. I of the
21 State Constitution, except that the department shall disclose
22 the existence of a criminal history record ordered expunged to
23 the entities set forth in subparagraphs (a)1., 4., 5., and 6.
24 for their respective licensing and employment purposes, and to
25 criminal justice agencies for their respective criminal
26 justice purposes. It is unlawful for any employee of an entity
27 set forth in subparagraph (a)1., subparagraph (a)4.,
28 subparagraph (a)5., or subparagraph (a)6. to disclose
29 information relating to the existence of an expunged criminal
30 history record of a person seeking employment or licensure
31 with such entity or contractor, except to the person to whom
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1 the criminal history record relates or to persons having
2 direct responsibility for employment or licensure decisions.
3 Any person who violates this paragraph commits a misdemeanor
4 of the first degree, punishable as provided in s. 775.082 or
5 s. 775.083.
6 (5) STATUTORY REFERENCES.--Any reference to any other
7 chapter, section, or subdivision of the Florida Statutes in
8 this section constitutes a general reference under the
9 doctrine of incorporation by reference.
10 Section 12. For the purpose of incorporating the
11 amendments made by this act to section 787.025, Florida
12 Statutes, in references thereto, section 943.059, Florida
13 Statutes, is reenacted to read:
14 943.059 Court-ordered sealing of criminal history
15 records.--The courts of this state shall continue to have
16 jurisdiction over their own procedures, including the
17 maintenance, sealing, and correction of judicial records
18 containing criminal history information to the extent such
19 procedures are not inconsistent with the conditions,
20 responsibilities, and duties established by this section. Any
21 court of competent jurisdiction may order a criminal justice
22 agency to seal the criminal history record of a minor or an
23 adult who complies with the requirements of this section. The
24 court shall not order a criminal justice agency to seal a
25 criminal history record until the person seeking to seal a
26 criminal history record has applied for and received a
27 certificate of eligibility for sealing pursuant to subsection
28 (2). A criminal history record that relates to a violation of
29 s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.
30 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
31 s. 847.0145, s. 893.135, or a violation enumerated in s.
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1 907.041 may not be sealed, without regard to whether
2 adjudication was withheld, if the defendant was found guilty
3 of or pled guilty or nolo contendere to the offense, or if the
4 defendant, as a minor, was found to have committed or pled
5 guilty or nolo contendere to committing the offense as a
6 delinquent act. The court may only order sealing of a criminal
7 history record pertaining to one arrest or one incident of
8 alleged criminal activity, except as provided in this section.
9 The court may, at its sole discretion, order the sealing of a
10 criminal history record pertaining to more than one arrest if
11 the additional arrests directly relate to the original arrest.
12 If the court intends to order the sealing of records
13 pertaining to such additional arrests, such intent must be
14 specified in the order. A criminal justice agency may not seal
15 any record pertaining to such additional arrests if the order
16 to seal does not articulate the intention of the court to seal
17 records pertaining to more than one arrest. This section does
18 not prevent the court from ordering the sealing of only a
19 portion of a criminal history record pertaining to one arrest
20 or one incident of alleged criminal activity. Notwithstanding
21 any law to the contrary, a criminal justice agency may comply
22 with laws, court orders, and official requests of other
23 jurisdictions relating to sealing, correction, or confidential
24 handling of criminal history records or information derived
25 therefrom. This section does not confer any right to the
26 sealing of any criminal history record, and any request for
27 sealing a criminal history record may be denied at the sole
28 discretion of the court.
29 (1) PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
30 petition to a court to seal a criminal history record is
31 complete only when accompanied by:
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1 (a) A certificate of eligibility for sealing issued by
2 the department pursuant to subsection (2).
3 (b) The petitioner's sworn statement attesting that
4 the petitioner:
5 1. Has never, prior to the date on which the petition
6 is filed, been adjudicated guilty of a criminal offense or
7 comparable ordinance violation or adjudicated delinquent for
8 committing a felony or a misdemeanor specified in s.
9 943.051(3)(b).
10 2. Has not been adjudicated guilty of or adjudicated
11 delinquent for committing any of the acts stemming from the
12 arrest or alleged criminal activity to which the petition to
13 seal pertains.
14 3. Has never secured a prior sealing or expunction of
15 a criminal history record under this section, former s.
16 893.14, former s. 901.33, former s. 943.058, or from any
17 jurisdiction outside the state.
18 4. Is eligible for such a sealing to the best of his
19 or her knowledge or belief and does not have any other
20 petition to seal or any petition to expunge pending before any
21 court.
22
23 Any person who knowingly provides false information on such
24 sworn statement to the court commits a felony of the third
25 degree, punishable as provided in s. 775.082, s. 775.083, or
26 s. 775.084.
27 (2) CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
28 petitioning the court to seal a criminal history record, a
29 person seeking to seal a criminal history record shall apply
30 to the department for a certificate of eligibility for
31 sealing. The department shall, by rule adopted pursuant to
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1 chapter 120, establish procedures pertaining to the
2 application for and issuance of certificates of eligibility
3 for sealing. The department shall issue a certificate of
4 eligibility for sealing to a person who is the subject of a
5 criminal history record provided that such person:
6 (a) Has submitted to the department a certified copy
7 of the disposition of the charge to which the petition to seal
8 pertains.
9 (b) Remits a $75 processing fee to the department for
10 placement in the Department of Law Enforcement Operating Trust
11 Fund, unless such fee is waived by the executive director.
12 (c) Has never, prior to the date on which the
13 application for a certificate of eligibility is filed, been
14 adjudicated guilty of a criminal offense or comparable
15 ordinance violation or adjudicated delinquent for committing a
16 felony or a misdemeanor specified in s. 943.051(3)(b).
17 (d) Has not been adjudicated guilty of or adjudicated
18 delinquent for committing any of the acts stemming from the
19 arrest or alleged criminal activity to which the petition to
20 seal pertains.
21 (e) Has never secured a prior sealing or expunction of
22 a criminal history record under this section, former s.
23 893.14, former s. 901.33, or former s. 943.058.
24 (f) Is no longer under court supervision applicable to
25 the disposition of the arrest or alleged criminal activity to
26 which the petition to seal pertains.
27 (3) PROCESSING OF A PETITION OR ORDER TO SEAL.--
28 (a) In judicial proceedings under this section, a copy
29 of the completed petition to seal shall be served upon the
30 appropriate state attorney or the statewide prosecutor and
31 upon the arresting agency; however, it is not necessary to
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1 make any agency other than the state a party. The appropriate
2 state attorney or the statewide prosecutor and the arresting
3 agency may respond to the court regarding the completed
4 petition to seal.
5 (b) If relief is granted by the court, the clerk of
6 the court shall certify copies of the order to the appropriate
7 state attorney or the statewide prosecutor and to the
8 arresting agency. The arresting agency is responsible for
9 forwarding the order to any other agency to which the
10 arresting agency disseminated the criminal history record
11 information to which the order pertains. The department shall
12 forward the order to seal to the Federal Bureau of
13 Investigation. The clerk of the court shall certify a copy of
14 the order to any other agency which the records of the court
15 reflect has received the criminal history record from the
16 court.
17 (c) For an order to seal entered by a court prior to
18 July 1, 1992, the department shall notify the appropriate
19 state attorney or statewide prosecutor of any order to seal
20 which is contrary to law because the person who is the subject
21 of the record has previously been convicted of a crime or
22 comparable ordinance violation or has had a prior criminal
23 history record sealed or expunged. Upon receipt of such
24 notice, the appropriate state attorney or statewide prosecutor
25 shall take action, within 60 days, to correct the record and
26 petition the court to void the order to seal. The department
27 shall seal the record until such time as the order is voided
28 by the court.
29 (d) On or after July 1, 1992, the department or any
30 other criminal justice agency is not required to act on an
31 order to seal entered by a court when such order does not
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1 comply with the requirements of this section. Upon receipt of
2 such an order, the department must notify the issuing court,
3 the appropriate state attorney or statewide prosecutor, the
4 petitioner or the petitioner's attorney, and the arresting
5 agency of the reason for noncompliance. The appropriate state
6 attorney or statewide prosecutor shall take action within 60
7 days to correct the record and petition the court to void the
8 order. No cause of action, including contempt of court, shall
9 arise against any criminal justice agency for failure to
10 comply with an order to seal when the petitioner for such
11 order failed to obtain the certificate of eligibility as
12 required by this section or when such order does not comply
13 with the requirements of this section.
14 (e) An order sealing a criminal history record
15 pursuant to this section does not require that such record be
16 surrendered to the court, and such record shall continue to be
17 maintained by the department and other criminal justice
18 agencies.
19 (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A
20 criminal history record of a minor or an adult which is
21 ordered sealed by a court of competent jurisdiction pursuant
22 to this section is confidential and exempt from the provisions
23 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
24 and is available only to the person who is the subject of the
25 record, to the subject's attorney, to criminal justice
26 agencies for their respective criminal justice purposes, or to
27 those entities set forth in subparagraphs (a)1., 4., 5., and
28 6. for their respective licensing and employment purposes.
29 (a) The subject of a criminal history record sealed
30 under this section or under other provisions of law, including
31 former s. 893.14, former s. 901.33, and former s. 943.058, may
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1 lawfully deny or fail to acknowledge the arrests covered by
2 the sealed record, except when the subject of the record:
3 1. Is a candidate for employment with a criminal
4 justice agency;
5 2. Is a defendant in a criminal prosecution;
6 3. Concurrently or subsequently petitions for relief
7 under this section or s. 943.0585;
8 4. Is a candidate for admission to The Florida Bar;
9 5. Is seeking to be employed or licensed by or to
10 contract with the Department of Children and Family Services
11 or the Department of Juvenile Justice or to be employed or
12 used by such contractor or licensee in a sensitive position
13 having direct contact with children, the developmentally
14 disabled, the aged, or the elderly as provided in s.
15 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
16 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
17 415.103, s. 985.407, or chapter 400; or
18 6. Is seeking to be employed or licensed by the Office
19 of Teacher Education, Certification, Staff Development, and
20 Professional Practices of the Department of Education, any
21 district school board, or any local governmental entity which
22 licenses child care facilities.
23 (b) Subject to the exceptions in paragraph (a), a
24 person who has been granted a sealing under this section,
25 former s. 893.14, former s. 901.33, or former s. 943.058 may
26 not be held under any provision of law of this state to commit
27 perjury or to be otherwise liable for giving a false statement
28 by reason of such person's failure to recite or acknowledge a
29 sealed criminal history record.
30 (c) Information relating to the existence of a sealed
31 criminal record provided in accordance with the provisions of
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1 paragraph (a) is confidential and exempt from the provisions
2 of s. 119.07(1) and s. 24(a), Art. I of the State
3 Constitution, except that the department shall disclose the
4 sealed criminal history record to the entities set forth in
5 subparagraphs (a)1., 4., 5., and 6. for their respective
6 licensing and employment purposes. It is unlawful for any
7 employee of an entity set forth in subparagraph (a)1.,
8 subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.
9 to disclose information relating to the existence of a sealed
10 criminal history record of a person seeking employment or
11 licensure with such entity or contractor, except to the person
12 to whom the criminal history record relates or to persons
13 having direct responsibility for employment or licensure
14 decisions. Any person who violates the provisions of this
15 paragraph commits a misdemeanor of the first degree,
16 punishable as provided in s. 775.082 or s. 775.083.
17 (5) STATUTORY REFERENCES.--Any reference to any other
18 chapter, section, or subdivision of the Florida Statutes in
19 this section constitutes a general reference under the
20 doctrine of incorporation by reference.
21 Section 13. For the purpose of incorporating the
22 amendments made by this act to sections 787.01, 787.02, and
23 787.025, Florida Statutes, in references thereto, paragraph
24 (b) of subsection (1) of section 944.606, Florida Statutes, is
25 reenacted to read:
26 944.606 Sexual offenders; notification upon release.--
27 (1) As used in this section:
28 (b) "Sexual offender" means a person who has been
29 convicted of committing, or attempting, soliciting, or
30 conspiring to commit, any of the criminal offenses proscribed
31 in the following statutes in this state or similar offenses in
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1 another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
2 where the victim is a minor and the defendant is not the
3 victim's parent; chapter 794, excluding ss. 794.011(10) and
4 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
5 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;
6 or any similar offense committed in this state which has been
7 redesignated from a former statute number to one of those
8 listed in this subsection, when the department has received
9 verified information regarding such conviction; an offender's
10 computerized criminal history record is not, in and of itself,
11 verified information.
12 Section 14. For the purpose of incorporating the
13 amendments made by this act to sections 787.01, 787.02, and
14 787.025, Florida Statutes, in references thereto, paragraph
15 (a) of subsection (1) of section 944.607, Florida Statutes, is
16 reenacted to read:
17 944.607 Notification to Department of Law Enforcement
18 of information on sexual offenders.--
19 (1) As used in this section, the term:
20 (a) "Sexual offender" means a person who is in the
21 custody or control of, or under the supervision of, the
22 department or is in the custody of a private correctional
23 facility:
24 1. On or after October 1, 1997, as a result of a
25 conviction for committing, or attempting, soliciting, or
26 conspiring to commit, any of the criminal offenses proscribed
27 in the following statutes in this state or similar offenses in
28 another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
29 where the victim is a minor and the defendant is not the
30 victim's parent; chapter 794, excluding ss. 794.011(10) and
31 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
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1 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;
2 or any similar offense committed in this state which has been
3 redesignated from a former statute number to one of those
4 listed in this paragraph; or
5 2. Who establishes or maintains a residence in this
6 state and who has not been designated as a sexual predator by
7 a court of this state but who has been designated as a sexual
8 predator, as a sexually violent predator, or by another sexual
9 offender designation in another state or jurisdiction and was,
10 as a result of such designation, subjected to registration or
11 community or public notification, or both, or would be if the
12 person were a resident of that state or jurisdiction.
13 Section 15. For the purpose of incorporating the
14 amendments made by this act to sections 787.01, 787.02, and
15 787.025, Florida Statutes, in references thereto, subsection
16 (15) of section 948.01, Florida Statutes, is reenacted to
17 read:
18 948.01 When court may place defendant on probation or
19 into community control.--
20 (15) Effective for an offense committed on or after
21 July 1, 1998, a person is ineligible for placement on
22 administrative probation if the person is sentenced to or is
23 serving a term of probation or community control, regardless
24 of the conviction or adjudication, for committing, or
25 attempting, conspiring, or soliciting to commit, any of the
26 felony offenses described in s. 787.01 or s. 787.02, where the
27 victim is a minor and the defendant is not the victim's
28 parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.
29 825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.
30 847.0145.
31
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1 Section 16. For the purpose of incorporating the
2 amendments made by this act to section 787.025, Florida
3 Statutes, in references thereto, paragraph (a) of subsection
4 (2) of section 948.06, Florida Statutes, is reenacted to read:
5 948.06 Violation of probation or community control;
6 revocation; modification; continuance; failure to pay
7 restitution or cost of supervision.--
8 (2)(a) When any state or local law enforcement agency
9 investigates or arrests a person for committing, or
10 attempting, soliciting, or conspiring to commit, a violation
11 of s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,
12 s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement
13 agency shall contact the Department of Corrections to verify
14 whether the person under investigation or under arrest is on
15 probation, community control, parole, conditional release, or
16 control release.
17 Section 17. This act shall take effect October 1,
18 2004.
19
20 *****************************************
21 SENATE SUMMARY
22 Provides that kidnapping a child under the age of 16
rather than under the age of 13 is a first-degree felony.
23 Provides that kidnapping and committing certain sexual
offenses against a child under the age of 16 rather than
24 under the age of 13 is a life felony. Provides that
falsely imprisoning a child under the age of 16 rather
25 than under the age of 13 is a third-degree felony.
Provides that falsely imprisoning a child and committing
26 certain sexual offenses against a child under the age of
16 rather than under the age of 13 is a first-degree
27 felony. Provides that luring or enticing, or attempting
to lure or entice, a child under the age of 16 rather
28 than under the age of 12 for an unlawful purpose is a
second-degree felony. (See bill for details.)
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30
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