Senate Bill sb0218e2

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  1                      A bill to be entitled

  2         An act relating to criminal justice; amending

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

  4         elements of the crimes of kidnapping a minor

  5         child and false imprisonment of a minor child;

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

  7         elements of the crime of luring or enticing a

  8         minor child for an unlawful purpose; specifying

  9         an evidentiary fact that may be considered by

10         the court in determining whether the defendant

11         committed or attempted to commit such offense;

12         increasing the penalty imposed for committing

13         that offense; reenacting ss. 435.03(2)(j) and

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

15         and 910.14, F.S., relating to screening

16         standards, the Florida Sexual Predators Act,

17         bail on appeal, and kidnapping, to incorporate

18         the amendments to ss. 787.01, 787.02, 787.025,

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

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

21         relating to the offense severity ranking chart

22         of the Criminal Punishment Code, to incorporate

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

24         references thereto; conforming provisions to

25         changes made by the act; reenacting ss.

26         943.0435(1)(a), 943.0585, 943.059,

27         944.606(1)(b), 944.607(1)(a), 948.01(15), and

28         948.06(2)(a), F.S., relating to the

29         registration of sexual offenders, expunction

30         and court-ordered sealing of criminal history

31         records, the definition of the term "sexual


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 1         offender," and probation and community control,

 2         to incorporate the amendments to ss. 787.01,

 3         787.02, 787.025, F.S., in references thereto;

 4         amending s. 947.06, F.S.; requiring that, prior

 5         to a meeting of the Parole Commission, the

 6         victim of the crime be given documents and

 7         evidence relating to the granting, denying, or

 8         revoking of the inmate's parole; amending s.

 9         947.16, F.S.; requiring that an inmate

10         convicted of kidnapping whose parole release

11         order has been vacated by the court be

12         reinterviewed at 5-year intervals following the

13         vacated release order; amending s. 947.174,

14         F.S.; requiring that an inmate convicted of

15         kidnapping whose presumptive parole release

16         date is more than 5 years after the initial

17         interview be reinterviewed thereafter at 5-year

18         intervals; providing an effective date.

19  

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

21  

22         Section 1.  Section 787.01, Florida Statutes, is

23  amended to read:

24         787.01  Kidnapping; kidnapping of child under age 16

25  13, aggravating circumstances.--

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

27  or by threat confining, abducting, or imprisoning another

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

29  with intent to:

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

31  hostage.


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 1         2.  Commit or facilitate commission of any felony.

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

 3  or another person.

 4         4.  Interfere with the performance of any governmental

 5  or political function.

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

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

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

 9  parent or legal guardian.

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

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

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

13  s. 775.083, or s. 775.084.

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

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

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

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

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

19  the child;

20         3.  Lewd or lascivious battery, lewd or lascivious

21  molestation, lewd or lascivious conduct, or lewd or lascivious

22  exhibition, in violation of s. 800.04;

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

24  prostitution, upon the child; or

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

26  be exploited, in violation of s. 450.151,

27  

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

29  s. 775.083, or s. 775.084.

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

31  herein shall be construed to prohibit the imposition of


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 1  separate judgments and sentences for the life felony described

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

 3  subparagraphs (a)1.-5.

 4         Section 2.  Section 787.02, Florida Statutes, is

 5  amended to read:

 6         787.02  False imprisonment; false imprisonment of child

 7  under age 16 13, aggravating circumstances.--

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

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

10  restraining another person without lawful authority and

11  against her or his will.

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

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

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

15  or legal guardian.

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

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

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

19  775.084.

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

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

22  the course of committing the offense, commits any offense

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

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

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

26  or s. 775.084.

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

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

29  the child;

30  

31  


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 1         3.  Lewd or lascivious battery, lewd or lascivious

 2  molestation, lewd or lascivious conduct, or lewd or lascivious

 3  exhibition, in violation of s. 800.04;

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

 5  prostitution, upon the child; or

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

 7  be exploited, in violation of s. 450.151.

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

 9  herein shall be construed to prohibit the imposition of

10  separate judgments and sentences for the first degree offense

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

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

13         Section 3.  Section 787.025, Florida Statutes, is

14  amended to read:

15         787.025  Luring or enticing a child.--

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

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

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

19  with the curtilage thereof.

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

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

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

23  lodging together therein at night, together with the curtilage

24  thereof.

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

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

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

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

29  800.04, or a violation of a similar law of another

30  jurisdiction, intentionally lures or entices, or attempts to

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


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

 2  purpose commits a felony of the second third degree,

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

 4  775.084.

 5         (b)  If the defendant lured or enticed, or attempted to

 6  lure or entice, For purposes of this section, the luring or

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

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

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

10  that fact does not give rise to a presumption that the

11  defendant committed or attempted to commit such luring or

12  enticing for shall be prima facie evidence of other than a

13  lawful purpose, but may be considered with other competent

14  evidence in determining whether the defendant committed or

15  attempted to commit such luring or enticing for other than a

16  lawful purpose.

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

18  under this section that:

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

20  action was necessary to prevent the child from being seriously

21  injured.

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

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

24  dwelling, or conveyance for a lawful purpose.

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

26  circumstances and the defendant did not have any intent to

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

28         Section 4.  For the purpose of incorporating the

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

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

31  


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

 2  reenacted to read:

 3         435.03  Level 1 screening standards.--

 4         (2)  Any person for whom employment screening is

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

 6  regardless of adjudication, or entered a plea of nolo

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

 8  the following provisions of the Florida Statutes or under any

 9  similar statute of another jurisdiction:

10         (j)  Section 787.01, relating to kidnapping.

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

12         Section 5.  For the purpose of incorporating the

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

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

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

16  reenacted to read:

17         435.04  Level 2 screening standards.--

18         (2)  The security background investigations under this

19  section must ensure that no persons subject to the provisions

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

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

22  to, any offense prohibited under any of the following

23  provisions of the Florida Statutes or under any similar

24  statute of another jurisdiction:

25         (k)  Section 787.01, relating to kidnapping.

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

27         Section 6.  For the purpose of incorporating the

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

29  787.025, Florida Statutes, in references thereto, subsection

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

31  


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 1         775.21  The Florida Sexual Predators Act; definitions;

 2  legislative findings, purpose, and intent; criteria;

 3  designation; registration; community and public notification;

 4  immunity; penalties.--

 5         (4)  SEXUAL PREDATOR CRITERIA.--

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

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

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

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

10  public notification under subsection (7) if:

11         1.  The felony is:

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

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

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

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

16  violation of a similar law of another jurisdiction; or

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

18  787.01, s. 787.02, or s. 787.025, where the victim is a minor

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

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

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

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

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

24  has pled nolo contendere or guilty to, regardless of

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

26  787.025, where the victim is a minor and the defendant is not

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

28  794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

29  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

30  similar law of another jurisdiction;

31  


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

 2  felony or similar law of another jurisdiction that is

 3  necessary for the operation of this paragraph; and

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

 5  jurisdiction necessary to the operation of this paragraph has

 6  not been set aside in any postconviction proceeding.

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

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

 9  a conviction sentenced separately, or an adjudication of

10  delinquency entered separately, prior to the current offense

11  and sentenced or adjudicated separately from any other felony

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

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

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

15  prior felony under this subsection if the offender has not

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

17  consecutive years from the most recent date of release from

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

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

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

21  any other law enforcement agency and if:

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

23  written finding at the time of sentencing that the offender

24  was a sexual predator; or

25         2.  The offender was administratively registered as a

26  sexual predator because the Department of Corrections, the

27  department, or any other law enforcement agency obtained

28  information that indicated that the offender met the criteria

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

30  similar law in another jurisdiction,

31  


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 1  the department shall remove that offender from the

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

 3  described under subparagraph 1., shall notify the state

 4  attorney who prosecuted the offense that met the criteria for

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

 6  offender described under this subparagraph, shall notify the

 7  state attorney of the county where the offender establishes or

 8  maintains a permanent or temporary residence. The state

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

10  order to establish that the offender meets the criteria for

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

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

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

14  registered as a sexual predator with the department as

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

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

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

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

19  sexual predator with respect to that offense and is not

20  required to register or be registered as a sexual predator

21  with the department.

22         Section 7.  For the purpose of incorporating the

23  amendments made by this act to section 787.01, Florida

24  Statutes, in references thereto, section 903.133, Florida

25  Statutes, is reenacted to read:

26         903.133  Bail on appeal; prohibited for certain felony

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

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

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

30  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

31  


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

 2  pending review either by posttrial motion or appeal.

 3         Section 8.  For the purpose of incorporating the

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

 5  Florida Statutes, in references thereto, section 910.14,

 6  Florida Statutes, is reenacted to read:

 7         910.14  Kidnapping.--A person who commits an offense

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

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

10  during the course of the offense.

11         Section 9.  For the purpose of incorporating the

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

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

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

15  Statutes, are reenacted and amended to read:

16         921.0022  Criminal Punishment Code; offense severity

17  ranking chart.--

18         (3)  OFFENSE SEVERITY RANKING CHART

19  

20  Florida           Felony

21  Statute           Degree             Description

22  

23                     

24                              (f)  LEVEL 6

25  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

26                              conviction.

27  499.0051(3)        2nd      Forgery of pedigree papers.

28  499.0051(4)        2nd      Purchase or receipt of legend

29                              drug from unauthorized person.

30  499.0051(5)        2nd      Sale of legend drug to

31                              unauthorized person.


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 1  775.0875(1)        3rd      Taking firearm from law

 2                              enforcement officer.

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

 4                              register; failure to renew

 5                              driver's license or

 6                              identification card.

 7  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

 8                              without intent to kill.

 9  784.021(1)(b)      3rd      Aggravated assault; intent to

10                              commit felony.

11  784.041            3rd      Felony battery.

12  784.048(3)         3rd      Aggravated stalking; credible

13                              threat.

14  784.048(5)         3rd      Aggravated stalking of person

15                              under 16.

16  784.07(2)(c)       2nd      Aggravated assault on law

17                              enforcement officer.

18  784.074(1)(b)      2nd      Aggravated assault on sexually

19                              violent predators facility staff.

20  784.08(2)(b)       2nd      Aggravated assault on a person 65

21                              years of age or older.

22  784.081(2)         2nd      Aggravated assault on specified

23                              official or employee.

24  784.082(2)         2nd      Aggravated assault by detained

25                              person on visitor or other

26                              detainee.

27  784.083(2)         2nd      Aggravated assault on code

28                              inspector.

29  787.02(2)          3rd      False imprisonment; restraining

30                              with purpose other than those in

31                              s. 787.01.


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 1  790.115(2)(d)      2nd      Discharging firearm or weapon on

 2                              school property.

 3  790.161(2)         2nd      Make, possess, or throw

 4                              destructive device with intent to

 5                              do bodily harm or damage

 6                              property.

 7  790.164(1)         2nd      False report of deadly explosive,

 8                              weapon of mass destruction, or

 9                              act of arson or violence to state

10                              property.

11  790.19             2nd      Shooting or throwing deadly

12                              missiles into dwellings, vessels,

13                              or vehicles.

14  794.011(8)(a)      3rd      Solicitation of minor to

15                              participate in sexual activity by

16                              custodial adult.

17  794.05(1)          2nd      Unlawful sexual activity with

18                              specified minor.

19  800.04(5)(d)       3rd      Lewd or lascivious molestation;

20                              victim 12 years of age or older

21                              but less than 16 years; offender

22                              less than 18 years.

23  800.04(6)(b)       2nd      Lewd or lascivious conduct;

24                              offender 18 years of age or

25                              older.

26  806.031(2)         2nd      Arson resulting in great bodily

27                              harm to firefighter or any other

28                              person.

29  810.02(3)(c)       2nd      Burglary of occupied structure;

30                              unarmed; no assault or battery.

31  


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

 2                              but less than $100,000, grand

 3                              theft in 2nd degree.

 4  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

 5                              less than $50,000, grand theft in

 6                              2nd degree.

 7  812.015(9)         2nd      Retail theft; property stolen

 8                              $300 or more; second or

 9                              subsequent conviction.

10  812.13(2)(c)       2nd      Robbery, no firearm or other

11                              weapon (strong-arm robbery).

12  817.034(4)(a)1.    1st      Communications fraud, value

13                              greater than $50,000.

14  817.4821(5)        2nd      Possess cloning paraphernalia

15                              with intent to create cloned

16                              cellular telephones.

17  825.102(1)         3rd      Abuse of an elderly person or

18                              disabled adult.

19  825.102(3)(c)      3rd      Neglect of an elderly person or

20                              disabled adult.

21  825.1025(3)        3rd      Lewd or lascivious molestation of

22                              an elderly person or disabled

23                              adult.

24  825.103(2)(c)      3rd      Exploiting an elderly person or

25                              disabled adult and property is

26                              valued at less than $20,000.

27  827.03(1)          3rd      Abuse of a child.

28  827.03(3)(c)       3rd      Neglect of a child.

29  827.071(2)&(3)     2nd      Use or induce a child in a sexual

30                              performance, or promote or direct

31                              such performance.


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    CS for SB 218                                 Second Engrossed



 1  836.05             2nd      Threats; extortion.

 2  836.10             2nd      Written threats to kill or do

 3                              bodily injury.

 4  843.12             3rd      Aids or assists person to escape.

 5  847.0135(3)        3rd      Solicitation of a child, via a

 6                              computer service, to commit an

 7                              unlawful sex act.

 8  914.23             2nd      Retaliation against a witness,

 9                              victim, or informant, with bodily

10                              injury.

11  943.0435(9)        3rd      Sex offenders; failure to comply

12                              with reporting requirements.

13  944.35(3)(a)2.     3rd      Committing malicious battery upon

14                              or inflicting cruel or inhuman

15                              treatment on an inmate or

16                              offender on community

17                              supervision, resulting in great

18                              bodily harm.

19  944.40             2nd      Escapes.

20  944.46             3rd      Harboring, concealing, aiding

21                              escaped prisoners.

22  944.47(1)(a)5.     2nd      Introduction of contraband

23                              (firearm, weapon, or explosive)

24                              into correctional facility.

25  951.22(1)          3rd      Intoxicating drug, firearm, or

26                              weapon introduced into county

27                              facility.

28                              (i)  LEVEL 9

29  316.193

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

31                              render aid or give information.


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    CS for SB 218                                 Second Engrossed



 1  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

 2                              render aid or give information.

 3  499.0053           1st      Sale or purchase of contraband

 4                              legend drugs resulting in great

 5                              bodily harm.

 6  560.123(8)(b)3.    1st      Failure to report currency or

 7                              payment instruments totaling or

 8                              exceeding $100,000 by money

 9                              transmitter.

10  560.125(5)(c)      1st      Money transmitter business by

11                              unauthorized person, currency, or

12                              payment instruments totaling or

13                              exceeding $100,000.

14  655.50(10)(b)3.    1st      Failure to report financial

15                              transactions totaling or

16                              exceeding $100,000 by financial

17                              institution.

18  775.0844           1st      Aggravated white collar crime.

19  782.04(1)          1st      Attempt, conspire, or solicit to

20                              commit premeditated murder.

21  782.04(3)          1st,PBL   Accomplice to murder in

22                              connection with arson, sexual

23                              battery, robbery, burglary, and

24                              other specified felonies.

25  782.051(1)         1st      Attempted felony murder while

26                              perpetrating or attempting to

27                              perpetrate a felony enumerated in

28                              s. 782.04(3).

29  782.07(2)          1st      Aggravated manslaughter of an

30                              elderly person or disabled adult.

31  


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    CS for SB 218                                 Second Engrossed



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

 2                              reward or as a shield or hostage.

 3  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

 4                              or facilitate commission of any

 5                              felony.

 6  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

 7                              interfere with performance of any

 8                              governmental or political

 9                              function.

10  787.02(3)(a)       1st      False imprisonment; child under

11                              age 16 13; perpetrator also

12                              commits aggravated child abuse,

13                              sexual battery, or lewd or

14                              lascivious battery, molestation,

15                              conduct, or exhibition.

16  790.161            1st      Attempted capital destructive

17                              device offense.

18  790.166(2)         1st,PBL  Possessing, selling, using, or

19                              attempting to use a weapon of

20                              mass destruction.

21  794.011(2)         1st      Attempted sexual battery; victim

22                              less than 12 years of age.

23  794.011(2)         Life     Sexual battery; offender younger

24                              than 18 years and commits sexual

25                              battery on a person less than 12

26                              years.

27  794.011(4)         1st      Sexual battery; victim 12 years

28                              or older, certain circumstances.

29  

30  

31  


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    CS for SB 218                                 Second Engrossed



 1  794.011(8)(b)      1st      Sexual battery; engage in sexual

 2                              conduct with minor 12 to 18 years

 3                              by person in familial or

 4                              custodial authority.

 5  800.04(5)(b)       1st      Lewd or lascivious molestation;

 6                              victim less than 12 years;

 7                              offender 18 years or older.

 8  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 9                              deadly weapon.

10  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

11                              deadly weapon.

12  817.568(7)         2nd,PBL  Fraudulent use of personal

13                              identification information of an

14                              individual under the age of 18 by

15                              his or her parent, legal

16                              guardian, or person exercising

17                              custodial authority.

18  827.03(2)          1st      Aggravated child abuse.

19  847.0145(1)        1st      Selling, or otherwise

20                              transferring custody or control,

21                              of a minor.

22  847.0145(2)        1st      Purchasing, or otherwise

23                              obtaining custody or control, of

24                              a minor.

25  859.01             1st      Poisoning or introducing

26                              bacteria, radioactive materials,

27                              viruses, or chemical compounds

28                              into food, drink, medicine, or

29                              water with intent to kill or

30                              injure another person.

31  


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    CS for SB 218                                 Second Engrossed



 1  893.135            1st      Attempted capital trafficking

 2                              offense.

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

 4                              than 10,000 lbs.

 5  893.135

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

 7                              400 grams, less than 150

 8                              kilograms.

 9  893.135

10   (1)(c)1.c.        1st      Trafficking in illegal drugs,

11                              more than 28 grams, less than 30

12                              kilograms.

13  893.135

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

15                              more than 400 grams.

16  893.135

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

18                              than 25 kilograms.

19  893.135

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

21                              than 200 grams.

22  893.135

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

24                              gamma-hydroxybutyric acid (GHB),

25                              10 kilograms or more.

26  893.135

27   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

28                              kilograms or more.

29  893.135

30   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

31                              400 grams or more.


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    CS for SB 218                                 Second Engrossed



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

 2                              instruments totaling or exceeding

 3                              $100,000.

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

 5                              reporting or registration

 6                              requirements, financial

 7                              transactions totaling or

 8                              exceeding $100,000.

 9                              (j)  LEVEL 10

10  499.0054           1st      Sale or purchase of contraband

11                              legend drugs resulting in death.

12  782.04(2)          1st,PBL  Unlawful killing of human; act is

13                              homicide, unpremeditated.

14  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

15                              upon or terrorize victim.

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

17                              13, perpetrator also commits

18                              aggravated child abuse, sexual

19                              battery, or lewd or lascivious

20                              battery, molestation, conduct, or

21                              exhibition.

22  782.07(3)          1st      Aggravated manslaughter of a

23                              child.

24  794.011(3)         Life     Sexual battery; victim 12 years

25                              or older, offender uses or

26                              threatens to use deadly weapon or

27                              physical force to cause serious

28                              injury.

29  876.32             1st      Treason against the state.

30         Section 10.  For the purpose of incorporating the

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


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    CS for SB 218                                 Second Engrossed



 1  787.025, Florida Statutes, in references thereto, paragraph

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

 3  is reenacted to read:

 4         943.0435  Sexual offenders required to register with

 5  the department; penalty.--

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

 7         (a)  "Sexual offender" means a person who:

 8         1.  Has been convicted of committing, or attempting,

 9  soliciting, or conspiring to commit, any of the criminal

10  offenses proscribed in the following statutes in this state or

11  similar offenses in another jurisdiction: s. 787.01, s.

12  787.02, or s. 787.025, where the victim is a minor and the

13  defendant is not the victim's parent; chapter 794, excluding

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

15  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

16  s. 847.0138; s. 847.0145; or any similar offense committed in

17  this state which has been redesignated from a former statute

18  number to one of those listed in this subparagraph; and

19         2.  Has been released on or after October 1, 1997, from

20  the sanction imposed for any conviction of an offense

21  described in subparagraph 1. For purposes of subparagraph 1.,

22  a sanction imposed in this state or in any other jurisdiction

23  includes, but is not limited to, a fine, probation, community

24  control, parole, conditional release, control release, or

25  incarceration in a state prison, federal prison, private

26  correctional facility, or local detention facility; or

27         3.  Establishes or maintains a residence in this state

28  and who has not been designated as a sexual predator by a

29  court of this state but who has been designated as a sexual

30  predator, as a sexually violent predator, or by another sexual

31  offender designation in another state or jurisdiction and was,


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    CS for SB 218                                 Second Engrossed



 1  as a result of such designation, subjected to registration or

 2  community or public notification, or both, or would be if the

 3  person were a resident of that state or jurisdiction; or

 4         4.  Establishes or maintains a residence in this state

 5  who is in the custody or control of, or under the supervision

 6  of, any other state or jurisdiction as a result of a

 7  conviction for committing, or attempting, soliciting, or

 8  conspiring to commit, any of the criminal offenses proscribed

 9  in the following statutes or similar offense in another

10  jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the

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

12  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;

13  s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

14  847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any

15  similar offense committed in this state which has been

16  redesignated from a former statute number to one of those

17  listed in this subparagraph.

18         Section 11.  For the purpose of incorporating the

19  amendments made by this act to section 787.025, Florida

20  Statutes, in references thereto, section 943.0585, Florida

21  Statutes, is reenacted to read:

22         943.0585  Court-ordered expunction of criminal history

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

24  their own procedures, including the maintenance, expunction,

25  and correction of judicial records containing criminal history

26  information to the extent such procedures are not inconsistent

27  with the conditions, responsibilities, and duties established

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

29  a criminal justice agency to expunge the criminal history

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

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


                                  22

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    CS for SB 218                                 Second Engrossed



 1  criminal justice agency to expunge a criminal history record

 2  until the person seeking to expunge a criminal history record

 3  has applied for and received a certificate of eligibility for

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

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

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

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

 8  893.135, or a violation enumerated in s. 907.041 may not be

 9  expunged, without regard to whether adjudication was withheld,

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

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

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

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

14  only order expunction of a criminal history record pertaining

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

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

17  discretion, order the expunction of a criminal history record

18  pertaining to more than one arrest if the additional arrests

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

20  to order the expunction of records pertaining to such

21  additional arrests, such intent must be specified in the

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

23  pertaining to such additional arrests if the order to expunge

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

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

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

27  portion of a criminal history record pertaining to one arrest

28  or one incident of alleged criminal activity. Notwithstanding

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

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

31  jurisdictions relating to expunction, correction, or


                                  23

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    CS for SB 218                                 Second Engrossed



 1  confidential handling of criminal history records or

 2  information derived therefrom. This section does not confer

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

 4  and any request for expunction of a criminal history record

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

 6         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

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

 8  history record is complete only when accompanied by:

 9         (a)  A certificate of eligibility for expunction issued

10  by the department pursuant to subsection (2).

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

12  the petitioner:

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

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

15  comparable ordinance violation or adjudicated delinquent for

16  committing a felony or a misdemeanor specified in s.

17  943.051(3)(b).

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

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

20  arrest or alleged criminal activity to which the petition

21  pertains.

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

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

24  893.14, former s. 901.33, or former s. 943.058, or from any

25  jurisdiction outside the state.

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

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

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

29  court.

30  

31  


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    CS for SB 218                                 Second Engrossed



 1  Any person who knowingly provides false information on such

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

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

 4  s. 775.084.

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

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

 7  a person seeking to expunge a criminal history record shall

 8  apply to the department for a certificate of eligibility for

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

10  chapter 120, establish procedures pertaining to the

11  application for and issuance of certificates of eligibility

12  for expunction. The department shall issue a certificate of

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

14  criminal history record if that person:

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

16  written, certified statement from the appropriate state

17  attorney or statewide prosecutor which indicates:

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

19  document was not filed or issued in the case.

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

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

22  nolle prosequi by the state attorney or statewide prosecutor,

23  or was dismissed by a court of competent jurisdiction.

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

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

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

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

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

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

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

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


                                  25

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    CS for SB 218                                 Second Engrossed



 1  offense as a delinquent act, without regard to whether

 2  adjudication was withheld.

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

 4  placement in the Department of Law Enforcement Operating Trust

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

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

 7  of the disposition of the charge to which the petition to

 8  expunge pertains.

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

10  application for a certificate of eligibility is filed, been

11  adjudicated guilty of a criminal offense or comparable

12  ordinance violation or adjudicated delinquent for committing a

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

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

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

16  arrest or alleged criminal activity to which the petition to

17  expunge pertains.

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

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

20  893.14, former s. 901.33, or former s. 943.058.

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

22  the disposition of the arrest or alleged criminal activity to

23  which the petition to expunge pertains.

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

25  prior to being eligible for an expunction of such records

26  because all charges related to the arrest or criminal activity

27  to which the petition to expunge pertains were dismissed prior

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

29  Otherwise, such criminal history record must be sealed under

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

31  


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    CS for SB 218                                 Second Engrossed



 1  943.058 for at least 10 years before such record is eligible

 2  for expunction.

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

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

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

 6  appropriate state attorney or the statewide prosecutor and

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

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

 9  state attorney or the statewide prosecutor and the arresting

10  agency may respond to the court regarding the completed

11  petition to expunge.

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

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

14  state attorney or the statewide prosecutor and the arresting

15  agency. The arresting agency is responsible for forwarding the

16  order to any other agency to which the arresting agency

17  disseminated the criminal history record information to which

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

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

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

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

22  criminal history record from the court.

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

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

25  state attorney or statewide prosecutor of an order to expunge

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

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

28  comparable ordinance violation or has had a prior criminal

29  history record sealed or expunged. Upon receipt of such

30  notice, the appropriate state attorney or statewide prosecutor

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


                                  27

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    CS for SB 218                                 Second Engrossed



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

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

 3  is voided by the court.

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

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

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

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

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

 9  the appropriate state attorney or statewide prosecutor, the

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

11  agency of the reason for noncompliance. The appropriate state

12  attorney or statewide prosecutor shall take action within 60

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

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

15  arise against any criminal justice agency for failure to

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

17  order failed to obtain the certificate of eligibility as

18  required by this section or such order does not otherwise

19  comply with the requirements of this section.

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

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

22  ordered expunged by a court of competent jurisdiction pursuant

23  to this section must be physically destroyed or obliterated by

24  any criminal justice agency having custody of such record;

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

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

27  record ordered expunged that is retained by the department is

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

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

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

31  of competent jurisdiction. A criminal justice agency may


                                  28

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    CS for SB 218                                 Second Engrossed



 1  retain a notation indicating compliance with an order to

 2  expunge.

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

 4  history record that is expunged under this section or under

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

 6  901.33, and former s. 943.058, may lawfully deny or fail to

 7  acknowledge the arrests covered by the expunged record, except

 8  when the subject of the record:

 9         1.  Is a candidate for employment with a criminal

10  justice agency;

11         2.  Is a defendant in a criminal prosecution;

12         3.  Concurrently or subsequently petitions for relief

13  under this section or s. 943.059;

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

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

16  contract with the Department of Children and Family Services

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

18  used by such contractor or licensee in a sensitive position

19  having direct contact with children, the developmentally

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

21  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

22  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

23  985.407, or chapter 400; or

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

25  of Teacher Education, Certification, Staff Development, and

26  Professional Practices of the Department of Education, any

27  district school board, or any local governmental entity that

28  licenses child care facilities.

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

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

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


                                  29

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    CS for SB 218                                 Second Engrossed



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

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

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

 4  expunged criminal history record.

 5         (c)  Information relating to the existence of an

 6  expunged criminal history record which is provided in

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

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

 9  State Constitution, except that the department shall disclose

10  the existence of a criminal history record ordered expunged to

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

12  for their respective licensing and employment purposes, and to

13  criminal justice agencies for their respective criminal

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

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

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

17  information relating to the existence of an expunged criminal

18  history record of a person seeking employment or licensure

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

20  the criminal history record relates or to persons having

21  direct responsibility for employment or licensure decisions.

22  Any person who violates this paragraph commits a misdemeanor

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

24  s. 775.083.

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

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

27  this section constitutes a general reference under the

28  doctrine of incorporation by reference.

29         Section 12.  For the purpose of incorporating the

30  amendments made by this act to section 787.025, Florida

31  


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    CS for SB 218                                 Second Engrossed



 1  Statutes, in references thereto, section 943.059, Florida

 2  Statutes, is reenacted to read:

 3         943.059  Court-ordered sealing of criminal history

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

 5  jurisdiction over their own procedures, including the

 6  maintenance, sealing, and correction of judicial records

 7  containing criminal history information to the extent such

 8  procedures are not inconsistent with the conditions,

 9  responsibilities, and duties established by this section. Any

10  court of competent jurisdiction may order a criminal justice

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

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

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

14  criminal history record until the person seeking to seal a

15  criminal history record has applied for and received a

16  certificate of eligibility for sealing pursuant to subsection

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

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

19  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

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

21  907.041 may not be sealed, without regard to whether

22  adjudication was withheld, if the defendant was found guilty

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

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

25  guilty or nolo contendere to committing the offense as a

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

27  history record pertaining to one arrest or one incident of

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

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

30  criminal history record pertaining to more than one arrest if

31  the additional arrests directly relate to the original arrest.


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    CS for SB 218                                 Second Engrossed



 1  If the court intends to order the sealing of records

 2  pertaining to such additional arrests, such intent must be

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

 4  any record pertaining to such additional arrests if the order

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

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

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

 8  portion of a criminal history record pertaining to one arrest

 9  or one incident of alleged criminal activity. Notwithstanding

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

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

12  jurisdictions relating to sealing, correction, or confidential

13  handling of criminal history records or information derived

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

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

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

17  discretion of the court.

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

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

20  complete only when accompanied by:

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

22  the department pursuant to subsection (2).

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

24  the petitioner:

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

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

27  comparable ordinance violation or adjudicated delinquent for

28  committing a felony or a misdemeanor specified in s.

29  943.051(3)(b).

30         2.  Has not been adjudicated guilty of or adjudicated

31  delinquent for committing any of the acts stemming from the


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    CS for SB 218                                 Second Engrossed



 1  arrest or alleged criminal activity to which the petition to

 2  seal pertains.

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

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

 5  893.14, former s. 901.33, former s. 943.058, or from any

 6  jurisdiction outside the state.

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

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

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

10  court.

11  

12  Any person who knowingly provides false information on such

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

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

15  s. 775.084.

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

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

18  person seeking to seal a criminal history record shall apply

19  to the department for a certificate of eligibility for

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

21  chapter 120, establish procedures pertaining to the

22  application for and issuance of certificates of eligibility

23  for sealing. The department shall issue a certificate of

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

25  criminal history record provided that such person:

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

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

28  pertains.

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

30  placement in the Department of Law Enforcement Operating Trust

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


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    CS for SB 218                                 Second Engrossed



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

 2  application for a certificate of eligibility is filed, been

 3  adjudicated guilty of a criminal offense or comparable

 4  ordinance violation or adjudicated delinquent for committing a

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

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

 7  delinquent for committing any of the acts stemming from the

 8  arrest or alleged criminal activity to which the petition to

 9  seal pertains.

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

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

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

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

14  the disposition of the arrest or alleged criminal activity to

15  which the petition to seal pertains.

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

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

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

19  appropriate state attorney or the statewide prosecutor and

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

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

22  state attorney or the statewide prosecutor and the arresting

23  agency may respond to the court regarding the completed

24  petition to seal.

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

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

27  state attorney or the statewide prosecutor and to the

28  arresting agency. The arresting agency is responsible for

29  forwarding the order to any other agency to which the

30  arresting agency disseminated the criminal history record

31  information to which the order pertains. The department shall


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    CS for SB 218                                 Second Engrossed



 1  forward the order to seal to the Federal Bureau of

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

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

 4  reflect has received the criminal history record from the

 5  court.

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

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

 8  state attorney or statewide prosecutor of any order to seal

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

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

11  comparable ordinance violation or has had a prior criminal

12  history record sealed or expunged. Upon receipt of such

13  notice, the appropriate state attorney or statewide prosecutor

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

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

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

17  by the court.

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

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

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

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

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

23  the appropriate state attorney or statewide prosecutor, the

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

25  agency of the reason for noncompliance. The appropriate state

26  attorney or statewide prosecutor shall take action within 60

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

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

29  arise against any criminal justice agency for failure to

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

31  order failed to obtain the certificate of eligibility as


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    CS for SB 218                                 Second Engrossed



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

 2  with the requirements of this section.

 3         (e)  An order sealing a criminal history record

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

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

 6  maintained by the department and other criminal justice

 7  agencies.

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

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

10  ordered sealed by a court of competent jurisdiction pursuant

11  to this section is confidential and exempt from the provisions

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

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

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

15  agencies for their respective criminal justice purposes, or to

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

17  6. for their respective licensing and employment purposes.

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

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

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

21  lawfully deny or fail to acknowledge the arrests covered by

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

23         1.  Is a candidate for employment with a criminal

24  justice agency;

25         2.  Is a defendant in a criminal prosecution;

26         3.  Concurrently or subsequently petitions for relief

27  under this section or s. 943.0585;

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

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

30  contract with the Department of Children and Family Services

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


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    CS for SB 218                                 Second Engrossed



 1  used by such contractor or licensee in a sensitive position

 2  having direct contact with children, the developmentally

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

 4  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

 5  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

 6  415.103, s. 985.407, or chapter 400; or

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

 8  of Teacher Education, Certification, Staff Development, and

 9  Professional Practices of the Department of Education, any

10  district school board, or any local governmental entity which

11  licenses child care facilities.

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

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

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

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

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

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

18  sealed criminal history record.

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

20  criminal record provided in accordance with the provisions of

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

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

23  Constitution, except that the department shall disclose the

24  sealed criminal history record to the entities set forth in

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

26  licensing and employment purposes. It is unlawful for any

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

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

29  to disclose information relating to the existence of a sealed

30  criminal history record of a person seeking employment or

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


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    CS for SB 218                                 Second Engrossed



 1  to whom the criminal history record relates or to persons

 2  having direct responsibility for employment or licensure

 3  decisions. Any person who violates the provisions of this

 4  paragraph commits a misdemeanor of the first degree,

 5  punishable as provided in s. 775.082 or 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 13.  For the purpose of incorporating the

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

12  787.025, Florida Statutes, in references thereto, paragraph

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

14  reenacted to read:

15         944.606  Sexual offenders; notification upon release.--

16         (1)  As used in this section:

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

18  convicted of committing, or attempting, soliciting, or

19  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

24  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

25  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

26  or any similar offense committed in this state which has been

27  redesignated from a former statute number to one of those

28  listed in this subsection, when the department has received

29  verified information regarding such conviction; an offender's

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

31  verified information.


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    CS for SB 218                                 Second Engrossed



 1         Section 14.  For the purpose of incorporating the

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

 3  787.025, Florida Statutes, in references thereto, paragraph

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

 5  reenacted to read:

 6         944.607  Notification to Department of Law Enforcement

 7  of information on sexual offenders.--

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

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

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

11  department or is in the custody of a private correctional

12  facility:

13         1.  On or after October 1, 1997, as a result of a

14  conviction for committing, or attempting, soliciting, or

15  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

20  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

21  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

22  or any similar offense committed in this state which has been

23  redesignated from a former statute number to one of those

24  listed in this paragraph; or

25         2.  Who establishes or maintains a residence in this

26  state and who has not been designated as a sexual predator by

27  a court of this state but who has been designated as a sexual

28  predator, as a sexually violent predator, or by another sexual

29  offender designation in another state or jurisdiction and was,

30  as a result of such designation, subjected to registration or

31  


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    CS for SB 218                                 Second Engrossed



 1  community or public notification, or both, or would be if the

 2  person were a resident of that state or jurisdiction.

 3         Section 15.  For the purpose of incorporating the

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

 5  787.025, Florida Statutes, in references thereto, subsection

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

 7  read:

 8         948.01  When court may place defendant on probation or

 9  into community control.--

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

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

12  administrative probation if the person is sentenced to or is

13  serving a term of probation or community control, regardless

14  of the conviction or adjudication, for committing, or

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

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

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

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

19  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.

20  847.0145.

21         Section 16.  For the purpose of incorporating the

22  amendments made by this act to section 787.025, Florida

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

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

25         948.06  Violation of probation or community control;

26  revocation; modification; continuance; failure to pay

27  restitution or cost of supervision.--

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

29  investigates or arrests a person for committing, or

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

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


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    CS for SB 218                                 Second Engrossed



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

 2  agency shall contact the Department of Corrections to verify

 3  whether the person under investigation or under arrest is on

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

 5  control release.

 6         Section 17.  Section 947.06, Florida Statutes, is

 7  amended to read:

 8         947.06  Meeting; when commission may act.--The

 9  commission shall meet at regularly scheduled intervals and

10  from time to time as may otherwise be determined by the chair.

11  The making of recommendations to the Governor and Cabinet in

12  matters relating to modifications of acts and decisions of the

13  chair as provided in s. 947.04(1) shall be by a majority vote

14  of the commission.  No prisoner shall be placed on parole

15  except as provided in ss. 947.172 and 947.174 by a panel of no

16  fewer than two commissioners appointed by the chair.  All

17  matters relating to the granting, denying, or revoking of

18  parole shall be decided in a meeting at which the public shall

19  have the right to be present. Prior to the meeting, each

20  victim of the crime committed by the inmate, or the victim's

21  next of kin, shall be presented with a copy of all documents,

22  findings, and evidence relating to the granting, denying, or

23  revoking of parole. Victims of the crime committed by the

24  inmate shall be permitted to make an oral statement or submit

25  a written statement regarding their views as to the granting,

26  denying, or revoking of parole.  Persons not members or

27  employees of the commission or victims of the crime committed

28  by the inmate may be permitted to participate in deliberations

29  concerning the granting and revoking of paroles only upon the

30  prior written approval of the chair of the commission.  To

31  facilitate the ability of victims and other persons to attend


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    CS for SB 218                                 Second Engrossed



 1  commission meetings, the commission shall meet in various

 2  counties including, but not limited to, Broward, Dade, Duval,

 3  Escambia, Hillsborough, Leon, Orange, and Palm Beach, with the

 4  location chosen being as close as possible to the location

 5  where the parole-eligible inmate committed the offense for

 6  which the parole-eligible inmate was sentenced.  The

 7  commission shall adopt rules governing the oral participation

 8  of victims and the submission of written statements by

 9  victims.

10         Section 18.  Paragraph (g) of subsection (4) of section

11  947.16, Florida Statutes, is amended to read:

12         947.16  Eligibility for parole; initial parole

13  interviews; powers and duties of commission.--

14         (4)  A person who has become eligible for an initial

15  parole interview and who may, according to the objective

16  parole guidelines of the commission, be granted parole shall

17  be placed on parole in accordance with the provisions of this

18  law; except that, in any case of a person convicted of murder,

19  robbery, burglary of a dwelling or burglary of a structure or

20  conveyance in which a human being is present, aggravated

21  assault, aggravated battery, kidnapping, sexual battery or

22  attempted sexual battery, incest or attempted incest, an

23  unnatural and lascivious act or an attempted unnatural and

24  lascivious act, lewd and lascivious behavior, assault or

25  aggravated assault when a sexual act is completed or

26  attempted, battery or aggravated battery when a sexual act is

27  completed or attempted, arson, or any felony involving the use

28  of a firearm or other deadly weapon or the use of intentional

29  violence, at the time of sentencing the judge may enter an

30  order retaining jurisdiction over the offender for review of a

31  commission release order.  This jurisdiction of the trial


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    CS for SB 218                                 Second Engrossed



 1  court judge is limited to the first one-third of the maximum

 2  sentence imposed.  When any person is convicted of two or more

 3  felonies and concurrent sentences are imposed, then the

 4  jurisdiction of the trial court judge as provided herein

 5  applies to the first one-third of the maximum sentence imposed

 6  for the highest felony of which the person was convicted. When

 7  any person is convicted of two or more felonies and

 8  consecutive sentences are imposed, then the jurisdiction of

 9  the trial court judge as provided herein applies to one-third

10  of the total consecutive sentences imposed.

11         (g)  The decision of the original sentencing judge or,

12  in her or his absence, the chief judge of the circuit to

13  vacate any parole release order as provided in this section is

14  not appealable.  Each inmate whose parole release order has

15  been vacated by the court shall be reinterviewed within 2

16  years after the date of receipt of the vacated release order

17  and every 2 years thereafter, or earlier by order of the court

18  retaining jurisdiction. However, each inmate whose parole

19  release order has been vacated by the court and who has been:

20         1.  Convicted of murder or attempted murder;

21         2.  Convicted of sexual battery or attempted sexual

22  battery; or

23         3.  Sentenced to a 25-year minimum mandatory sentence

24  previously provided in s. 775.082; or,

25         4.  Convicted of kidnapping,

26  

27  shall be reinterviewed once within 5 years after the date of

28  receipt of the vacated release order and once every 5 years

29  thereafter, if the commission finds that it is not reasonable

30  to expect that parole would be granted during the following

31  years and states the bases for the finding in writing.  For


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    CS for SB 218                                 Second Engrossed



 1  any inmate who is within 7 years of his or her tentative

 2  release date, the commission may establish a reinterview date

 3  prior to the 5-year schedule.

 4         Section 19.  Paragraph (b) of subsection (1) of section

 5  947.174, Florida Statutes, is amended to read:

 6         947.174  Subsequent interviews.--

 7         (1)

 8         (b)  For any inmate convicted of murder, attempted

 9  murder, sexual battery, attempted sexual battery, or

10  kidnapping, or who has been sentenced to a 25-year minimum

11  mandatory sentence previously provided in s. 775.082, and

12  whose presumptive parole release date is more than 5 years

13  after the date of the initial interview, a hearing examiner

14  shall schedule an interview for review of the presumptive

15  parole release date.  Such interview shall take place once

16  within 5 years after the initial interview and once every 5

17  years thereafter if the commission finds that it is not

18  reasonable to expect that parole will be granted at a hearing

19  during the following years and states the bases for the

20  finding in writing.   For any inmate who is within 7 years of

21  his or her tentative release date, the commission may

22  establish an interview date prior to the 5-year schedule.

23         Section 20.  This act shall take effect October 1,

24  2004.

25  

26  

27  

28  

29  

30  

31  


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