HB 1599

1
A bill to be entitled
2An act relating to the residence of sexual offenders;
3amending s. 794.065, F.S.; defining the terms "convicted"
4and "conviction" to include a conviction in another state
5or in a federal jurisdiction; prohibiting a person who has
6been convicted of certain sexual offenses in another state
7or federal jurisdiction from residing within 1,000 feet of
8certain specified locations if the victim was younger than
916 years of age; providing penalties; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 794.065, Florida Statutes, is amended
15to read:
16     794.065  Unlawful place of residence for persons convicted
17of 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
20result of a trial or the entry of a plea of guilty or nolo
21contendere, regardless of whether adjudication was withheld. A
22conviction for a similar offense includes, but is not limited
23to, a conviction by a state or federal court or military
24tribunal, including a court-martial conducted by the Armed
25Forces of the United States, and includes a conviction or entry
26of a plea of guilty or nolo contendere resulting in a sanction
27in any state of the United States or other jurisdiction. A
28sanction includes, but is not limited to, a fine; probation;
29community control; parole; conditional release; control release;
30or incarceration in a state prison, federal prison, private
31correctional facility, or local detention facility.
32     (2)(1)  It is unlawful for any person who has been
33convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
34or s. 847.0145, or a similar offense in another jurisdiction
35regardless of whether adjudication has been withheld, in which
36the victim of the offense was less than 16 years of age, to
37reside within 1,000 feet of any school, day care center, park,
38or playground. A person who violates this section and whose
39conviction under s. 794.011, s. 800.04, s. 827.071, or s.
40847.0145, or whose conviction of a similar offense in another
41jurisdiction, was classified as a felony of the first degree or
42higher commits a felony of the third degree, punishable as
43provided in s. 775.082 or s. 775.083. A person who violates this
44section and whose conviction under s. 794.011, s. 800.04, s.
45827.071, or s. 847.0145, or whose conviction of a similar
46offense in another jurisdiction, was classified as a felony of
47the second or third degree commits a misdemeanor of the first
48degree, punishable as provided in s. 775.082 or s. 775.083.
49     (3)(2)  This section applies to any person convicted of a
50violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145
51for offenses that occur on or after October 1, 2004, and, for
52offenses that occur on or after July 1, 2005, to any person
53convicted of a similar offense in another jurisdiction.
54     Section 2.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.