Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
Barcode 871766
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Klein) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (h) of subsection (2), paragraphs
19 (a) and (b) of subsection (4), paragraph (d) of subsection
20 (5), and paragraph (b) of subsection (10) of section 775.21,
21 Florida Statutes, are amended to read:
22 775.21 The Florida Sexual Predators Act.--
23 (2) DEFINITIONS.--As used in this section, the term:
24 (h) "Institution of higher education" means a career
25 center, community college, college, state university, or
26 independent postsecondary institution.
27 (4) SEXUAL PREDATOR CRITERIA.--
28 (a) For a current offense committed on or after
29 October 1, 1993, upon conviction, an offender shall be
30 designated as a "sexual predator" under subsection (5), and
31 subject to registration under subsection (6) and community and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
Barcode 871766
1 public notification under subsection (7) if:
2 1. The felony is:
3 a. A capital, life, or first-degree felony violation,
4 or any attempt thereof, of s. 787.01 or s. 787.02, where the
5 victim is a minor and the defendant is not the victim's
6 parent, or of chapter 794, s. 800.04, or s. 847.0145, or a
7 violation of a similar law of another jurisdiction; or
8 b. Any felony violation, or any attempt thereof, of s.
9 787.01, s. 787.02, or s. 787.025, where the victim is a minor
10 and the defendant is not the victim's parent; chapter 794,
11 excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
12 s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or
13 s. 985.4045(1); or a violation of a similar law of another
14 jurisdiction, and the offender has previously been convicted
15 of or found to have committed, or has pled nolo contendere or
16 guilty to, regardless of adjudication, any violation of s.
17 787.01, s. 787.02, or s. 787.025, where the victim is a minor
18 and the defendant is not the victim's parent; s. 794.011(2),
19 (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
20 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or
21 s. 847.0145;, or s. 985.4045(1); or a violation of a similar
22 law of another jurisdiction;
23 2. The offender has not received a pardon for any
24 felony or similar law of another jurisdiction that is
25 necessary for the operation of this paragraph; and
26 3. A conviction of a felony or similar law of another
27 jurisdiction necessary to the operation of this paragraph has
28 not been set aside in any postconviction proceeding.
29 (b) In order to be counted as a prior felony for
30 purposes of this subsection, the felony must have resulted in
31 a conviction sentenced separately, or an adjudication of
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 delinquency entered separately, prior to the current offense
2 and sentenced or adjudicated separately from any other felony
3 conviction that is to be counted as a prior felony regardless
4 of the date of offense of the prior felony. If the offender's
5 prior enumerated felony was committed more than 10 years
6 before the primary offense, it shall not be considered a prior
7 felony under this subsection if the offender has not been
8 convicted of any other crime for a period of 10 consecutive
9 years from the most recent date of release from confinement,
10 supervision, or sanction, whichever is later.
11 (5) SEXUAL PREDATOR DESIGNATION.--An offender is
12 designated as a sexual predator as follows:
13 (d) A person who establishes or maintains a residence
14 in this state and who has not been designated as a sexual
15 predator by a court of this state but who has been designated
16 as a sexual predator, as a sexually violent predator, or by
17 another sexual offender designation in another state or
18 jurisdiction and was, as a result of such designation,
19 subjected to registration or community or public notification,
20 or both, or would be if the person was a resident of that
21 state or jurisdiction, without regard to whether the person
22 otherwise meets the criteria for registration as a sexual
23 offender in this state, shall register in the manner provided
24 in s. 943.0435 or s. 944.607 and shall be subject to community
25 and public notification as provided in s. 943.0435 or s.
26 944.607. A person who meets the criteria of this section is
27 subject to the requirements and penalty provisions of s.
28 943.0435 or s. 944.607 until the person provides the
29 department with an order issued by the court that designated
30 the person as a sexual predator, as a sexually violent
31 predator, or by another sexual offender designation in the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 state or jurisdiction in which the order was issued which
2 states that such designation has been removed or demonstrates
3 to the department that such designation, if not imposed by a
4 court, has been removed by operation of law or court order in
5 the state or jurisdiction in which the designation was made,
6 and provided such person no longer meets the criteria for
7 registration as a sexual offender under the laws of this
8 state.
9 (10) PENALTIES.--
10 (b) A sexual predator who has been convicted of or
11 found to have committed, or has pled nolo contendere or guilty
12 to, regardless of adjudication, any violation, or attempted
13 violation, of s. 787.01, s. 787.02, or s. 787.025, where the
14 victim is a minor and the defendant is not the victim's
15 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
16 796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; or s.
17 847.0145; or s. 985.4045(1);, or a violation of a similar law
18 of another jurisdiction, when the victim of the offense was a
19 minor, and who works, whether for compensation or as a
20 volunteer, at any business, school, day care center, park,
21 playground, or other place where children regularly
22 congregate, commits a felony of the third degree, punishable
23 as provided in s. 775.082, s. 775.083, or s. 775.084.
24 Section 2. Paragraph (a) of subsection (3) of section
25 775.261, Florida Statutes, is amended to read:
26 775.261 The Florida Career Offender Registration
27 Act.--
28 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
29 (a) A career offender released on or after July 1,
30 2002 January 1, 2003, from a sanction imposed in this state
31 for a designation as a habitual violent felony offender, a
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 violent career criminal, or a three-time violent felony
2 offender under s. 775.084 or as a prison releasee reoffender
3 under s. 775.082(9) must register as required under subsection
4 (4) and is subject to community and public notification as
5 provided under subsection (5). For purposes of this section, a
6 sanction imposed in this state includes, but is not limited
7 to, a fine, probation, community control, parole, conditional
8 release, control release, or incarceration in a state prison,
9 private correctional facility, or local detention facility,
10 and:
11 1. The career offender has not received a pardon for
12 any felony or other qualified offense that is necessary for
13 the operation of this paragraph; or
14 2. A conviction of a felony or other qualified offense
15 necessary to the operation of this paragraph has not been set
16 aside in any postconviction proceeding.
17 Section 3. Paragraphs (a) and (d) of subsection (1)
18 and paragraph (a) of subsection (4) of section 943.0435,
19 Florida Statutes, are amended to read:
20 943.0435 Sexual offenders required to register with
21 the department; penalty.--
22 (1) As used in this section, the term:
23 (a) "Sexual offender" means a person who meets the
24 criteria in both subparagraphs 1. and 2., or who meets the
25 criteria in either subparagraph 3. or subparagraph 4.:
26 1. Has been convicted of committing, or attempting,
27 soliciting, or conspiring to commit, any of the criminal
28 offenses proscribed in the following statutes in this state or
29 similar offenses in another jurisdiction: s. 787.01, s.
30 787.02, or s. 787.025, where the victim is a minor and the
31 defendant is not the victim's parent; chapter 794, excluding
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
Barcode 871766
1 ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s.
2 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
3 847.0137; s. 847.0138; s. 847.0145; s. 985.4045(1); or any
4 similar offense committed in this state which has been
5 redesignated from a former statute number to one of those
6 listed in this subparagraph; and
7 2. Has been released on or after October 1, 1997, from
8 the sanction imposed for any conviction of an offense
9 described in subparagraph 1. For purposes of subparagraph 1.,
10 a sanction imposed in this state or in any other jurisdiction
11 includes, but is not limited to, a fine, probation, community
12 control, parole, conditional release, control release, or
13 incarceration in a state prison, federal prison, private
14 correctional facility, or local detention facility; or
15 3. Establishes or maintains a residence in this state
16 and who has not been designated as a sexual predator by a
17 court of this state but who has been designated as a sexual
18 predator, as a sexually violent predator, or by another sexual
19 offender designation in another state or jurisdiction and was,
20 as a result of such designation, subjected to registration or
21 community or public notification, or both, or would be if the
22 person were a resident of that state or jurisdiction, without
23 regard to whether the person otherwise meets the criteria for
24 registration as a sexual offender in this state; or
25 4. Establishes or maintains a residence in this state
26 who is in the custody or control of, or under the supervision
27 of, any other state or jurisdiction as a result of a
28 conviction for committing, or attempting, soliciting, or
29 conspiring to commit, any of the criminal offenses proscribed
30 in the following statutes or similar offense in another
31 jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 victim is a minor and the defendant is not the victim's
2 parent; chapter 794, excluding ss. 794.011(10) and 794.0235;
3 s. 796.03; s. 796.035 s. 800.04; s. 825.1025; s. 827.071; s.
4 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;
5 s. 985.4045(1); or any similar offense committed in this state
6 which has been redesignated from a former statute number to
7 one of those listed in this subparagraph.
8 (d) "Institution of higher education" means a career
9 center, community college, college, state university, or
10 independent postsecondary institution.
11 (4)(a) Each time a sexual offender's driver's license
12 or identification card is subject to renewal, and, without
13 regard to the status of the offender's predator's driver's
14 license or identification card, within 48 hours after any
15 change in the offender's permanent or temporary residence or
16 change in the offender's name by reason of marriage or other
17 legal process, the offender shall report in person to a
18 driver's license office, and shall be subject to the
19 requirements specified in subsection (3). The Department of
20 Highway Safety and Motor Vehicles shall forward to the
21 department all photographs and information provided by sexual
22 offenders. Notwithstanding the restrictions set forth in s.
23 322.142, the Department of Highway Safety and Motor Vehicles
24 is authorized to release a reproduction of a color-photograph
25 or digital-image license to the Department of Law Enforcement
26 for purposes of public notification of sexual offenders as
27 provided in ss. 943.043, 943.0435, and 944.606.
28 Section 4. Paragraph (b) of subsection (1) of section
29 944.606, Florida Statutes, is amended to read:
30 944.606 Sexual offenders; notification upon release.--
31 (1) As used in this section:
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 (b) "Sexual offender" means a person who has been
2 convicted of committing, or attempting, soliciting, or
3 conspiring to commit, any of the criminal offenses proscribed
4 in the following statutes in this state or similar offenses in
5 another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
6 where the victim is a minor and the defendant is not the
7 victim's parent; chapter 794, excluding ss. 794.011(10) and
8 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
9 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
10 s. 847.0145; s. 985.4045(1); or any similar offense committed
11 in this state which has been redesignated from a former
12 statute number to one of those listed in this subsection, when
13 the department has received verified information regarding
14 such conviction; an offender's computerized criminal history
15 record is not, in and of itself, verified information.
16 Section 5. Paragraphs (a) and (c) of subsection (1) of
17 section 944.607, Florida Statutes, are amended to read:
18 944.607 Notification to Department of Law Enforcement
19 of information on sexual offenders.--
20 (1) As used in this section, the term:
21 (a) "Sexual offender" means a person who is in the
22 custody or control of, or under the supervision of, the
23 department or is in the custody of a private correctional
24 facility:
25 1. On or after October 1, 1997, as a result of a
26 conviction for committing, or attempting, soliciting, or
27 conspiring to commit, any of the criminal offenses proscribed
28 in the following statutes in this state or similar offenses in
29 another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
30 where the victim is a minor and the defendant is not the
31 victim's parent; chapter 794, excluding ss. 794.011(10) and
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
Barcode 871766
1 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
2 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
3 s. 847.0145; s. 985.4045(1); or any similar offense committed
4 in this state which has been redesignated from a former
5 statute number to one of those listed in this paragraph; or
6 2. Who establishes or maintains a residence in this
7 state and who has not been designated as a sexual predator by
8 a court of this state but who has been designated as a sexual
9 predator, as a sexually violent predator, or by another sexual
10 offender designation in another state or jurisdiction and was,
11 as a result of such designation, subjected to registration or
12 community or public notification, or both, or would be if the
13 person were a resident of that state or jurisdiction, without
14 regard to whether the person otherwise meets the criteria for
15 registration as a sexual offender in this state.
16 (c) "Institution of higher education" means a career
17 center, community college, college, state university, or
18 independent postsecondary institution.
19 Section 6. This act shall take effect July 1, 2005.
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 Delete everything before the enacting clause
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26 and insert:
27 A bill to be entitled
28 An act relating to sexual and career offenders;
29 amending s. 775.21, F.S.; redefining the term
30 "institution of higher education" to include a
31 career center; revising provisions relating to
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1728
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1 use of prior felonies for sexual predator
2 determination; amending s. 775.261, F.S.;
3 revising an operational date used for career
4 offender registration; requiring all career
5 offenders released after a specified date to
6 register and be subject to community and public
7 notification; amending s. 943.0435, F.S.;
8 revising provisions relating to the definition
9 of "sexual offender"; redefining the term
10 "institution of higher education" to include a
11 career center; amending s. 944.606, F.S.;
12 redefining the term "sexual offender" to
13 include offenders who have committed certain
14 additional acts; amending s. 944.607, F.S.;
15 revising provisions relating to the definition
16 of "sexual offender"; redefining the term
17 "institution of higher education" to include a
18 career center; providing an effective date.
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