1 | A bill to be entitled |
2 | An act relating to the residence of sexual offenders; |
3 | amending s. 794.065, F.S.; defining the terms "convicted" |
4 | and "conviction" to include a conviction in another state |
5 | or in a federal jurisdiction; prohibiting a person who has |
6 | been convicted of certain sexual offenses in another state |
7 | or federal jurisdiction from residing within 1,000 feet of |
8 | certain specified locations if the victim was younger than |
9 | 16 years of age; providing penalties; providing an |
10 | effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 794.065, Florida Statutes, is amended |
15 | to read: |
16 | 794.065 Unlawful place of residence for persons convicted |
17 | of certain sex offenses.-- |
18 | (1) As used in this section, the term "convicted" or |
19 | "conviction" means there has been a determination of guilt as a |
20 | result of a trial or the entry of a plea of guilty or nolo |
21 | contendere, regardless of whether adjudication was withheld. A |
22 | conviction for a similar offense includes, but is not limited |
23 | to, a conviction by a state or federal court or military |
24 | tribunal, including a court-martial conducted by the Armed |
25 | Forces of the United States, and includes a conviction or entry |
26 | of a plea of guilty or nolo contendere resulting in a sanction |
27 | in any state of the United States or other jurisdiction. A |
28 | sanction includes, but is not limited to, a fine; probation; |
29 | community control; parole; conditional release; control release; |
30 | or incarceration in a state prison, federal prison, private |
31 | correctional facility, or local detention facility. |
32 | (2)(1) It is unlawful for any person who has been |
33 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
34 | or s. 847.0145, or a similar offense in another jurisdiction |
35 | regardless of whether adjudication has been withheld, in which |
36 | the victim of the offense was less than 16 years of age, to |
37 | reside within 1,000 feet of any school, day care center, park, |
38 | or playground. A person who violates this section and whose |
39 | conviction under s. 794.011, s. 800.04, s. 827.071, or s. |
40 | 847.0145, or whose conviction of a similar offense in another |
41 | jurisdiction, was classified as a felony of the first degree or |
42 | higher commits a felony of the third degree, punishable as |
43 | provided in s. 775.082 or s. 775.083. A person who violates this |
44 | section and whose conviction under s. 794.011, s. 800.04, s. |
45 | 827.071, or s. 847.0145, or whose conviction of a similar |
46 | offense in another jurisdiction, was classified as a felony of |
47 | the second or third degree commits a misdemeanor of the first |
48 | degree, punishable as provided in s. 775.082 or s. 775.083. |
49 | (3)(2) This section applies to any person convicted of a |
50 | violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 |
51 | for offenses that occur on or after October 1, 2004, and, for |
52 | offenses that occur on or after July 1, 2005, to any person |
53 | convicted of a similar offense in another jurisdiction. |
54 | Section 2. This act shall take effect July 1, 2005. |