1 | Representative(s) Porth offered the following: |
2 |
|
3 | Amendment (with title amendment) |
4 | Between lines 17 and 18, insert: |
5 | Section 1. Paragraph (h) of subsection (2), paragraphs (a) |
6 | and (b) of subsection (4), paragraph (d) of subsection (5), and |
7 | paragraph (b) of subsection (10) of section 775.21, Florida |
8 | Statutes, are amended to read: |
9 | 775.21 The Florida Sexual Predators Act.-- |
10 | (2) DEFINITIONS.--As used in this section, the term: |
11 | (h) "Institution of higher education" means a career |
12 | center, community college, college, state university, or |
13 | independent postsecondary institution. |
14 | (4) SEXUAL PREDATOR CRITERIA.-- |
15 | (a) For a current offense committed on or after October 1, |
16 | 1993, upon conviction, an offender shall be designated as a |
17 | "sexual predator" under subsection (5), and subject to |
18 | registration under subsection (6) and community and public |
19 | notification under subsection (7) if: |
20 | 1. The felony is: |
21 | a. A capital, life, or first-degree felony violation, or |
22 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
23 | is a minor and the defendant is not the victim's parent, or of |
24 | chapter 794, s. 800.04, or s. 847.0145, or a violation of a |
25 | similar law of another jurisdiction; or |
26 | b. Any felony violation, or any attempt thereof, of s. |
27 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
28 | and the defendant is not the victim's parent; chapter 794, |
29 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; |
30 | s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s. |
31 | 985.4045(1); or a violation of a similar law of another |
32 | jurisdiction, and the offender has previously been convicted of |
33 | or found to have committed, or has pled nolo contendere or |
34 | guilty to, regardless of adjudication, any violation of s. |
35 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
36 | and the defendant is not the victim's parent; s. 794.011(2), |
37 | (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s. |
38 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s. |
39 | 847.0145; or s. 985.4045(1);, or a violation of a similar law of |
40 | another jurisdiction; |
41 | 2. The offender has not received a pardon for any felony |
42 | or similar law of another jurisdiction that is necessary for the |
43 | operation of this paragraph; and |
44 | 3. A conviction of a felony or similar law of another |
45 | jurisdiction necessary to the operation of this paragraph has |
46 | not been set aside in any postconviction proceeding. |
47 | (b) In order to be counted as a prior felony for purposes |
48 | of this subsection, the felony must have resulted in a |
49 | conviction sentenced separately, or an adjudication of |
50 | delinquency entered separately, prior to the current offense and |
51 | sentenced or adjudicated separately from any other felony |
52 | conviction that is to be counted as a prior felony regardless of |
53 | the date of offense of the prior felony. If the offender's prior |
54 | enumerated felony was committed more than 10 years before the |
55 | primary offense, it shall not be considered a prior felony under |
56 | this subsection if the offender has not been convicted of any |
57 | other crime for a period of 10 consecutive years from the most |
58 | recent date of release from confinement, supervision, or |
59 | sanction, whichever is later. |
60 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
61 | designated as a sexual predator as follows: |
62 | (d) A person who establishes or maintains a residence in |
63 | this state and who has not been designated as a sexual predator |
64 | by a court of this state but who has been designated as a sexual |
65 | predator, as a sexually violent predator, or by another sexual |
66 | offender designation in another state or jurisdiction and was, |
67 | as a result of such designation, subjected to registration or |
68 | community or public notification, or both, or would be if the |
69 | person was a resident of that state or jurisdiction, without |
70 | regard to whether the person otherwise meets the criteria for |
71 | registration as a sexual offender, shall register in the manner |
72 | provided in s. 943.0435 or s. 944.607 and shall be subject to |
73 | community and public notification as provided in s. 943.0435 or |
74 | s. 944.607. A person who meets the criteria of this section is |
75 | subject to the requirements and penalty provisions of s. |
76 | 943.0435 or s. 944.607 until the person provides the department |
77 | with an order issued by the court that designated the person as |
78 | a sexual predator, as a sexually violent predator, or by another |
79 | sexual offender designation in the state or jurisdiction in |
80 | which the order was issued which states that such designation |
81 | has been removed or demonstrates to the department that such |
82 | designation, if not imposed by a court, has been removed by |
83 | operation of law or court order in the state or jurisdiction in |
84 | which the designation was made, and provided such person no |
85 | longer meets the criteria for registration as a sexual offender |
86 | under the laws of this state. |
87 | (10) PENALTIES.-- |
88 | (b) A sexual predator who has been convicted of or found |
89 | to have committed, or has pled nolo contendere or guilty to, |
90 | regardless of adjudication, any violation, or attempted |
91 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
92 | victim is a minor and the defendant is not the victim's parent; |
93 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
94 | 796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or |
95 | s. 985.4045(1);, or a violation of a similar law of another |
96 | jurisdiction, when the victim of the offense was a minor, and |
97 | who works, whether for compensation or as a volunteer, at any |
98 | business, school, day care center, park, playground, or other |
99 | place where children regularly congregate, commits a felony of |
100 | the third degree, punishable as provided in s. 775.082, s. |
101 | 775.083, or s. 775.084. |
102 | Section 2. Paragraph (a) of subsection (3) of section |
103 | 775.261, Florida Statutes, is amended to read: |
104 | 775.261 The Florida Career Offender Registration Act.-- |
105 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- |
106 | (a) A career offender released on or after July 1, 2002 |
107 | January 1, 2003, from a sanction imposed in this state for a |
108 | designation as a habitual violent felony offender, a violent |
109 | career criminal, or a three-time violent felony offender under |
110 | s. 775.084 or as a prison releasee reoffender under s. |
111 | 775.082(9) must register as required under subsection (4) and is |
112 | subject to community and public notification as provided under |
113 | subsection (5). For purposes of this section, a sanction imposed |
114 | in this state includes, but is not limited to, a fine, |
115 | probation, community control, parole, conditional release, |
116 | control release, or incarceration in a state prison, private |
117 | correctional facility, or local detention facility, and: |
118 | 1. The career offender has not received a pardon for any |
119 | felony or other qualified offense that is necessary for the |
120 | operation of this paragraph; or |
121 | 2. A conviction of a felony or other qualified offense |
122 | necessary to the operation of this paragraph has not been set |
123 | aside in any postconviction proceeding. |
124 | Section 3. Paragraphs (a) and (d) of subsection (1), |
125 | paragraph (a) of subsection (4), and paragraph (c) of subsection |
126 | (11) of section 943.0435, Florida Statutes, are amended to read: |
127 | 943.0435 Sexual offenders required to register with the |
128 | department; penalty.-- |
129 | (1) As used in this section, the term: |
130 | (a) "Sexual offender" means a person who meets the |
131 | criteria in subparagraph 1., subparagraph 2., or subparagraph |
132 | 3.: |
133 | 1.a. Has been convicted of committing, or attempting, |
134 | soliciting, or conspiring to commit, any of the criminal |
135 | offenses proscribed in the following statutes in this state or |
136 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
137 | or s. 787.025, where the victim is a minor and the defendant is |
138 | not the victim's parent; chapter 794, excluding ss. 794.011(10) |
139 | and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. |
140 | 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. |
141 | 847.0145; s. 985.4045(1); or any similar offense committed in |
142 | this state which has been redesignated from a former statute |
143 | number to one of those listed in this sub-subparagraph |
144 | subparagraph; and |
145 | b.2. Has been released on or after October 1, 1997, from |
146 | the sanction imposed for any conviction of an offense described |
147 | in sub-subparagraph a. subparagraph 1. For purposes of sub- |
148 | subparagraph a. subparagraph 1., a sanction imposed in this |
149 | state or in any other jurisdiction includes, but is not limited |
150 | to, a fine, probation, community control, parole, conditional |
151 | release, control release, or incarceration in a state prison, |
152 | federal prison, private correctional facility, or local |
153 | detention facility; or |
154 | 2.3. Establishes or maintains a residence in this state |
155 | and who has not been designated as a sexual predator by a court |
156 | of this state but who has been designated as a sexual predator, |
157 | as a sexually violent predator, or by another sexual offender |
158 | designation in another state or jurisdiction and was, as a |
159 | result of such designation, subjected to registration or |
160 | community or public notification, or both, or would be if the |
161 | person were a resident of that state or jurisdiction, without |
162 | regard to whether the person otherwise meets the criteria for |
163 | registration as a sexual offender; or |
164 | 3.4. Establishes or maintains a residence in this state |
165 | who is in the custody or control of, or under the supervision |
166 | of, any other state or jurisdiction as a result of a conviction |
167 | for committing, or attempting, soliciting, or conspiring to |
168 | commit, any of the criminal offenses proscribed in the following |
169 | statutes or similar offense in another jurisdiction: s. 787.01, |
170 | s. 787.02, or s. 787.025, where the victim is a minor and the |
171 | defendant is not the victim's parent; chapter 794, excluding ss. |
172 | 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. |
173 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
174 | 847.0138; s. 847.0145; s. 985.4045(1); or any similar offense |
175 | committed in this state which has been redesignated from a |
176 | former statute number to one of those listed in this |
177 | subparagraph. |
178 | (d) "Institution of higher education" means a career |
179 | center, community college, college, state university, or |
180 | independent postsecondary institution. |
181 | (4)(a) Each time a sexual offender's driver's license or |
182 | identification card is subject to renewal, and, without regard |
183 | to the status of the offender's predator's driver's license or |
184 | identification card, within 48 hours after any change in the |
185 | offender's permanent or temporary residence or change in the |
186 | offender's name by reason of marriage or other legal process, |
187 | the offender shall report in person to a driver's license |
188 | office, and shall be subject to the requirements specified in |
189 | subsection (3). The Department of Highway Safety and Motor |
190 | Vehicles shall forward to the department all photographs and |
191 | information provided by sexual offenders. Notwithstanding the |
192 | restrictions set forth in s. 322.142, the Department of Highway |
193 | Safety and Motor Vehicles is authorized to release a |
194 | reproduction of a color-photograph or digital-image license to |
195 | the Department of Law Enforcement for purposes of public |
196 | notification of sexual offenders as provided in ss. 943.043, |
197 | 943.0435, and 944.606. |
198 | (11) A sexual offender must maintain registration with the |
199 | department for the duration of his or her life, unless the |
200 | sexual offender has received a full pardon or has had a |
201 | conviction set aside in a postconviction proceeding for any |
202 | offense that meets the criteria for classifying the person as a |
203 | sexual offender for purposes of registration. However, a sexual |
204 | offender: |
205 | (c) As defined in subparagraph (1)(a)2.3. must maintain |
206 | registration with the department for the duration of his or her |
207 | life until the person provides the department with an order |
208 | issued by the court that designated the person as a sexual |
209 | predator, as a sexually violent predator, or by another sexual |
210 | offender designation in the state or jurisdiction in which the |
211 | order was issued which states that such designation has been |
212 | removed or demonstrates to the department that such designation, |
213 | if not imposed by a court, has been removed by operation of law |
214 | or court order in the state or jurisdiction in which the |
215 | designation was made, and provided such person no longer meets |
216 | the criteria for registration as a sexual offender under the |
217 | laws of this state. |
218 | Section 4. Paragraph (b) of subsection (1) of section |
219 | 944.606, Florida Statutes, is amended to read: |
220 | 944.606 Sexual offenders; notification upon release.-- |
221 | (1) As used in this section: |
222 | (b) "Sexual offender" means a person who has been |
223 | convicted of committing, or attempting, soliciting, or |
224 | conspiring to commit, any of the criminal offenses proscribed in |
225 | the following statutes in this state or similar offenses in |
226 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
227 | the victim is a minor and the defendant is not the victim's |
228 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
229 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
230 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. |
231 | 985.4045(1); or any similar offense committed in this state |
232 | which has been redesignated from a former statute number to one |
233 | of those listed in this subsection, when the department has |
234 | received verified information regarding such conviction; an |
235 | offender's computerized criminal history record is not, in and |
236 | of itself, verified information. |
237 | Section 5. Paragraphs (a) and (c) of subsection (1) of |
238 | section 944.607, Florida Statutes, are amended to read: |
239 | 944.607 Notification to Department of Law Enforcement of |
240 | information on sexual offenders.-- |
241 | (1) As used in this section, the term: |
242 | (a) "Sexual offender" means a person who is in the custody |
243 | or control of, or under the supervision of, the department or is |
244 | in the custody of a private correctional facility: |
245 | 1. On or after October 1, 1997, as a result of a |
246 | conviction for committing, or attempting, soliciting, or |
247 | conspiring to commit, any of the criminal offenses proscribed in |
248 | the following statutes in this state or similar offenses in |
249 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
250 | the victim is a minor and the defendant is not the victim's |
251 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
252 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
253 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. |
254 | 985.4045(1); or any similar offense committed in this state |
255 | which has been redesignated from a former statute number to one |
256 | of those listed in this paragraph; or |
257 | 2. Who establishes or maintains a residence in this state |
258 | and who has not been designated as a sexual predator by a court |
259 | of this state but who has been designated as a sexual predator, |
260 | as a sexually violent predator, or by another sexual offender |
261 | designation in another state or jurisdiction and was, as a |
262 | result of such designation, subjected to registration or |
263 | community or public notification, or both, or would be if the |
264 | person were a resident of that state or jurisdiction, without |
265 | regard as to whether the person otherwise meets the criteria for |
266 | registration as a sexual offender. |
267 | (c) "Institution of higher education" means a career |
268 | center, community college, college, state university, or |
269 | independent postsecondary institution. |
270 |
|
271 | ================ T I T L E A M E N D M E N T ============= |
272 | Remove line 6 and insert: |
273 | An act relating to sexual and career offenders; amending |
274 | s. 775.21, F.S.; revising the definition of "institution |
275 | of higher education" to include a career center; revising |
276 | provisions relating to use of prior felonies for sexual |
277 | predator determination; amending s. 775.261, F.S.; |
278 | revising an operational date used for career offender |
279 | registration; expanding applicability of registration |
280 | requirements; amending s. 943.0435, F.S.; revising |
281 | language relating to the definition of "sexual offender"; |
282 | revising the definition of "institution of higher |
283 | education" to include a career center; revising a |
284 | provision relating to offender driver's license or |
285 | identification card renewal; amending s. 944.606, F.S.; |
286 | revising language relating to the definition of "sexual |
287 | offender"; amending s. 944.607, F.S.; revising language |
288 | relating to the definition of "sexual offender"; revising |
289 | the definition of "institution of higher education" to |
290 | include a career center; amending s. 794.065, |