Senate Bill sb1052

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    Florida Senate - 2005                                  SB 1052

    By Senator Crist





    12-207-05

  1                      A bill to be entitled

  2         An act relating to the residence of sexual

  3         offenders; amending s. 794.065, F.S.; defining

  4         the term "convicted" and "conviction" to

  5         include a conviction in another state or in a

  6         federal jurisdiction; prohibiting a person who

  7         has been convicted of certain sexual offenses

  8         in another state or federal jurisdiction from

  9         residing within 1,000 feet of certain specified

10         locations if the victim was younger than 16

11         years of age; providing penalties; providing an

12         effective date.

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

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16         Section 1.  Section 794.065, Florida Statutes, is

17  amended to read:

18         794.065  Unlawful place of residence for persons

19  convicted of certain sex offenses.--

20         (1)  As used in this section, the term "convicted" or

21  "conviction" means there has been a determination of guilt as

22  a result of a trial or the entry of a plea of guilty or nolo

23  contendere, regardless of whether adjudication is withheld. A

24  conviction for a similar offense includes, but is not limited

25  to, a conviction by a state or federal court or military

26  tribunal, including a court-martial conducted by the Armed

27  Forces of the United States, and includes a conviction or

28  entry of a plea of guilty or nolo contendere resulting in a

29  sanction in any state of the United States or other

30  jurisdiction. A sanction includes, but is not limited to, a

31  fine; probation; community control; parole; conditional

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    Florida Senate - 2005                                  SB 1052
    12-207-05




 1  release; control release; or incarceration in a state prison,

 2  federal prison, private correctional facility, or local

 3  detention facility.

 4         (2)(1)  It is unlawful for any person who has been

 5  convicted of a violation of s. 794.011, s. 800.04, s. 827.071,

 6  or s. 847.0145, or a similar offense in another jurisdiction

 7  regardless of whether adjudication has been withheld, in which

 8  the victim of the offense was less than 16 years of age, to

 9  reside within 1,000 feet of any school, day care center, park,

10  or playground. A person who violates this section and whose

11  conviction under s. 794.011, s. 800.04, s. 827.071, or s.

12  847.0145, or whose conviction of a similar offense in another

13  jurisdiction, was classified as a felony of the first degree

14  or higher commits a felony of the third degree, punishable as

15  provided in s. 775.082 or s. 775.083. A person who violates

16  this section and whose conviction under s. 794.011, s. 800.04,

17  s. 827.071, or s. 847.0145, or whose conviction of a similar

18  offense in another jurisdiction, was classified as a felony of

19  the second or third degree commits a misdemeanor of the first

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

21         (3)(2)  This section applies to any person convicted of

22  a violation of s. 794.011, s. 800.04, s. 827.071, or s.

23  847.0145 for offenses that occur on or after October 1, 2004 ,

24  and to any person convicted of a similar offense in another

25  jurisdiction for offenses that occur on or after July 1, 2005.

26         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1052
    12-207-05




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 2                          SENATE SUMMARY

 3    Provides a definition for the term "convicted" and
      "conviction" to include convictions in other states and
 4    in a federal jurisdiction. Provides that it is unlawful
      for a person who has been convicted of certain sexual
 5    offenses in this state or similar offenses in other
      states or a federal jurisdiction to reside within 1,000
 6    feet of certain specified locations if the victim was
      younger than 16 years of age. Provides penalties.
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