| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to sexual offenders; amending s. 794.065, |
| 7 | F.S.; defining the terms "convicted" and "conviction" to |
| 8 | include a conviction in another state or in a federal |
| 9 | jurisdiction; prohibiting a person who has been convicted |
| 10 | of certain sexual offenses in another state or federal |
| 11 | jurisdiction from residing within 1,000 feet of certain |
| 12 | specified locations if the victim was younger than 16 |
| 13 | years of age; providing penalties; providing an effective |
| 14 | date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 794.065, Florida Statutes, is amended |
| 19 | to read: |
| 20 | 794.065 Unlawful place of residence for persons convicted |
| 21 | of certain sex offenses.-- |
| 22 | (1) As used in this section, the term "convicted" or |
| 23 | "conviction" means there has been a determination of guilt as a |
| 24 | result of a trial or the entry of a plea of guilty or nolo |
| 25 | contendere, regardless of whether adjudication was withheld. A |
| 26 | conviction for a similar offense includes, but is not limited |
| 27 | to, a conviction by a state or federal court or military |
| 28 | tribunal, including a court-martial conducted by the Armed |
| 29 | Forces of the United States, and includes a conviction or entry |
| 30 | of a plea of guilty or nolo contendere resulting in a sanction |
| 31 | in any state of the United States or other jurisdiction. A |
| 32 | sanction includes, but is not limited to, a fine; probation; |
| 33 | community control; parole; conditional release; control release; |
| 34 | or incarceration in a state prison, federal prison, private |
| 35 | correctional facility, or local detention facility. |
| 36 | (2)(1) It is unlawful for any person who has been |
| 37 | convicted of a violation of s. 794.011, s. 800.04, s. 827.071, |
| 38 | or s. 847.0145, or a similar offense in another jurisdiction |
| 39 | regardless of whether adjudication has been withheld, in which |
| 40 | the victim of the offense was less than 16 years of age, to |
| 41 | reside within 1,000 feet of any school, day care center, park, |
| 42 | or playground. A person who violates this section and whose |
| 43 | conviction under s. 794.011, s. 800.04, s. 827.071, or s. |
| 44 | 847.0145, or whose conviction of a similar offense in another |
| 45 | jurisdiction, was classified as a felony of the first degree or |
| 46 | higher commits a felony of the third degree, punishable as |
| 47 | provided in s. 775.082 or s. 775.083. A person who violates this |
| 48 | section and whose conviction under s. 794.011, s. 800.04, s. |
| 49 | 827.071, or s. 847.0145, or whose conviction of a similar |
| 50 | offense in another jurisdiction, was classified as a felony of |
| 51 | the second or third degree commits a misdemeanor of the first |
| 52 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 53 | (3)(2) This section applies to any person convicted of a |
| 54 | violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 |
| 55 | for offenses that occur on or after October 1, 2004, and, for |
| 56 | offenses that occur on or after July 1, 2005, to any person |
| 57 | convicted of a similar offense in another jurisdiction. |
| 58 | Section 2. This act shall take effect July 1, 2005. |