Senate Bill sb1728c1

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    Florida Senate - 2005                           CS for SB 1728

    By the Committee on Criminal Justice; and Senator Campbell





    591-2181A-05

  1                      A bill to be entitled

  2         An act relating to sexual and career offenders;

  3         amending s. 775.21, F.S.; redefining the term

  4         "institution of higher education" to include a

  5         career center; revising sexual predator

  6         criteria to include additional qualifying

  7         offenses; revising provisions relating to use

  8         of prior felonies for sexual predator

  9         determination; revising sexual predator

10         designation provisions relevant to persons

11         living in this state who have received a sexual

12         offender designation in another state; revising

13         a penalty provision relating to an offense

14         involving a sexual predator working where

15         children regularly congregate; amending s.

16         775.261, F.S.; revising an operational date

17         used for career offender registration; amending

18         s. 943.0435, F.S.; revising provisions relating

19         to the definition of "sexual offender";

20         redefining the term "institution of higher

21         education" to include a career center; revising

22         a provision relating to offender driver's

23         license or identification card renewal;

24         amending s. 944.606, F.S.; redefining the term

25         "sexual offender" to include offenders who have

26         committed certain additional acts; amending s.

27         944.607, F.S.; revising provisions relating to

28         the definition of "sexual offender"; redefining

29         the term "institution of higher education" to

30         include a career center; providing an effective

31         date.

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    Florida Senate - 2005                           CS for SB 1728
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraph (h) of subsection (2), paragraphs

 4  (a) and (b) of subsection (4), paragraph (d) of subsection

 5  (5), and paragraph (b) of subsection (10) of section 775.21,

 6  Florida Statutes, are amended to read:

 7         775.21  The Florida Sexual Predators Act.--

 8         (2)  DEFINITIONS.--As used in this section, the term:

 9         (h)  "Institution of higher education" means a career

10  center, community college, college, state university, or

11  independent postsecondary institution.

12         (4)  SEXUAL PREDATOR CRITERIA.--

13         (a)  For a current offense committed on or after

14  October 1, 1993, upon conviction, an offender shall be

15  designated as a "sexual predator" under subsection (5), and

16  subject to registration under subsection (6) and community and

17  public notification under subsection (7) if:

18         1.  The felony is:

19         a.  A capital, life, or first-degree felony violation,

20  or any attempt thereof, of s. 787.01 or s. 787.02, where the

21  victim is a minor and the defendant is not the victim's

22  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

23  violation of a similar law of another jurisdiction; or

24         b.  Any felony violation, or any attempt thereof, of s.

25  787.01, s. 787.02, or s. 787.025, where the victim is a minor

26  and the defendant is not the victim's parent; chapter 794,

27  excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;

28  s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or

29  s. 985.4045(1); or a violation of a similar law of another

30  jurisdiction, and the offender has previously been convicted

31  of or found to have committed, or has pled nolo contendere or

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    Florida Senate - 2005                           CS for SB 1728
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 1  guilty to, regardless of adjudication, any violation of s.

 2  787.01, s. 787.02, or s. 787.025, where the victim is a minor

 3  and the defendant is not the victim's parent; s. 794.011(2),

 4  (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.

 5  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or

 6  s. 847.0145;, or s. 985.4045(1); or a violation of a similar

 7  law of another jurisdiction;

 8         2.  The offender has not received a pardon for any

 9  felony or similar law of another jurisdiction that is

10  necessary for the operation of this paragraph; and

11         3.  A conviction of a felony or similar law of another

12  jurisdiction necessary to the operation of this paragraph has

13  not been set aside in any postconviction proceeding.

14         (b)  In order to be counted as a prior felony for

15  purposes of this subsection, the felony must have resulted in

16  a conviction sentenced separately, or an adjudication of

17  delinquency entered separately, prior to the current offense

18  and sentenced or adjudicated separately from any other felony

19  conviction that is to be counted as a prior felony regardless

20  of the date of offense of the prior felony. If the offender's

21  prior enumerated felony was committed more than 10 years

22  before the primary offense, it shall not be considered a prior

23  felony under this subsection if the offender has not been

24  convicted of any other crime for a period of 10 consecutive

25  years from the most recent date of release from confinement,

26  supervision, or sanction, whichever is later.

27         (5)  SEXUAL PREDATOR DESIGNATION.--An offender is

28  designated as a sexual predator as follows:

29         (d)  A person who establishes or maintains a residence

30  in this state and who has not been designated as a sexual

31  predator by a court of this state but who has been designated

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    Florida Senate - 2005                           CS for SB 1728
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 1  as a sexual predator, as a sexually violent predator, or by

 2  another sexual offender designation in another state or

 3  jurisdiction and was, as a result of such designation,

 4  subjected to registration or community or public notification,

 5  or both, or would be if the person was a resident of that

 6  state or jurisdiction, without regard to whether the person

 7  otherwise meets the criteria for registration as a sexual

 8  offender in this state, shall register in the manner provided

 9  in s. 943.0435 or s. 944.607 and shall be subject to community

10  and public notification as provided in s. 943.0435 or s.

11  944.607. A person who meets the criteria of this section is

12  subject to the requirements and penalty provisions of s.

13  943.0435 or s. 944.607 until the person provides the

14  department with an order issued by the court that designated

15  the person as a sexual predator, as a sexually violent

16  predator, or by another sexual offender designation in the

17  state or jurisdiction in which the order was issued which

18  states that such designation has been removed or demonstrates

19  to the department that such designation, if not imposed by a

20  court, has been removed by operation of law or court order in

21  the state or jurisdiction in which the designation was made,

22  and provided such person no longer meets the criteria for

23  registration as a sexual offender under the laws of this

24  state.

25         (10)  PENALTIES.--

26         (b)  A sexual predator who has been convicted of or

27  found to have committed, or has pled nolo contendere or guilty

28  to, regardless of adjudication, any violation, or attempted

29  violation, of s. 787.01, s. 787.02, or s. 787.025, where the

30  victim is a minor and the defendant is not the victim's

31  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.

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 1  796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; or s.

 2  847.0145; or s. 985.4045(1);, or a violation of a similar law

 3  of another jurisdiction, when the victim of the offense was a

 4  minor, and who works, whether for compensation or as a

 5  volunteer, at any business, school, day care center, park,

 6  playground, or other place where children regularly

 7  congregate, commits a felony of the third degree, punishable

 8  as provided in s. 775.082, s. 775.083, or s. 775.084.

 9         Section 2.  Paragraph (a) of subsection (3) of section

10  775.261, Florida Statutes, is amended to read:

11         775.261  The Florida Career Offender Registration

12  Act.--

13         (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--

14         (a)  A career offender released on or after July 1,

15  2002 January 1, 2003, from a sanction imposed in this state

16  for a designation as a habitual violent felony offender, a

17  violent career criminal, or a three-time violent felony

18  offender under s. 775.084 or as a prison releasee reoffender

19  under s. 775.082(9) must register as required under subsection

20  (4) and is subject to community and public notification as

21  provided under subsection (5). For purposes of this section, a

22  sanction imposed in this state includes, but is not limited

23  to, a fine, probation, community control, parole, conditional

24  release, control release, or incarceration in a state prison,

25  private correctional facility, or local detention facility,

26  and:

27         1.  The career offender has not received a pardon for

28  any felony or other qualified offense that is necessary for

29  the operation of this paragraph; or

30  

31  

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    Florida Senate - 2005                           CS for SB 1728
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 1         2.  A conviction of a felony or other qualified offense

 2  necessary to the operation of this paragraph has not been set

 3  aside in any postconviction proceeding.

 4         Section 3.  Paragraphs (a) and (d) of subsection (1)

 5  and paragraph (a) of subsection (4) of section 943.0435,

 6  Florida Statutes, are amended to read:

 7         943.0435  Sexual offenders required to register with

 8  the department; penalty.--

 9         (1)  As used in this section, the term:

10         (a)  "Sexual offender" means a person who meets the

11  criteria in both subparagraphs 1. and 2., or who meets the

12  criteria in either subparagraph 3. or subparagraph 4.:

13         1.  Has been convicted of committing, or attempting,

14  soliciting, or conspiring to commit, any of the criminal

15  offenses proscribed in the following statutes in this state or

16  similar offenses in another jurisdiction: s. 787.01, s.

17  787.02, or s. 787.025, where the victim is a minor and the

18  defendant is not the victim's parent; chapter 794, excluding

19  ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s.

20  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.

21  847.0137; s. 847.0138; s. 847.0145; s. 985.4045(1); or any

22  similar offense committed in this state which has been

23  redesignated from a former statute number to one of those

24  listed in this subparagraph; and

25         2.  Has been released on or after October 1, 1997, from

26  the sanction imposed for any conviction of an offense

27  described in subparagraph 1. For purposes of subparagraph 1.,

28  a sanction imposed in this state or in any other jurisdiction

29  includes, but is not limited to, a fine, probation, community

30  control, parole, conditional release, control release, or

31  

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 1  incarceration in a state prison, federal prison, private

 2  correctional facility, or local detention facility; or

 3         3.  Establishes or maintains a residence in this state

 4  and who has not been designated as a sexual predator by a

 5  court of this state but who has been designated as a sexual

 6  predator, as a sexually violent predator, or by another sexual

 7  offender designation in another state or jurisdiction and was,

 8  as a result of such designation, subjected to registration or

 9  community or public notification, or both, or would be if the

10  person were a resident of that state or jurisdiction, without

11  regard to whether the person otherwise meets the criteria for

12  registration as a sexual offender in this state; or

13         4.  Establishes or maintains a residence in this state

14  who is in the custody or control of, or under the supervision

15  of, any other state or jurisdiction as a result of a

16  conviction for committing, or attempting, soliciting, or

17  conspiring to commit, any of the criminal offenses proscribed

18  in the following statutes or similar offense in another

19  jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the

20  victim is a minor and the defendant is not the victim's

21  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;

22  s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.

23  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

24  s. 985.4045(1); or any similar offense committed in this state

25  which has been redesignated from a former statute number to

26  one of those listed in this subparagraph.

27         (d)  "Institution of higher education" means a career

28  center, community college, college, state university, or

29  independent postsecondary institution.

30         (4)(a)  Each time a sexual offender's driver's license

31  or identification card is subject to renewal, and, without

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    Florida Senate - 2005                           CS for SB 1728
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 1  regard to the status of the offender's predator's driver's

 2  license or identification card, within 48 hours after any

 3  change in the offender's permanent or temporary residence or

 4  change in the offender's name by reason of marriage or other

 5  legal process, the offender shall report in person to a

 6  driver's license office, and shall be subject to the

 7  requirements specified in subsection (3). The Department of

 8  Highway Safety and Motor Vehicles shall forward to the

 9  department all photographs and information provided by sexual

10  offenders. Notwithstanding the restrictions set forth in s.

11  322.142, the Department of Highway Safety and Motor Vehicles

12  is authorized to release a reproduction of a color-photograph

13  or digital-image license to the Department of Law Enforcement

14  for purposes of public notification of sexual offenders as

15  provided in ss. 943.043, 943.0435, and 944.606.

16         Section 4.  Paragraph (b) of subsection (1) of section

17  944.606, Florida Statutes, is amended to read:

18         944.606  Sexual offenders; notification upon release.--

19         (1)  As used in this section:

20         (b)  "Sexual offender" means a person who has been

21  convicted of committing, or attempting, soliciting, or

22  conspiring to commit, any of the criminal offenses proscribed

23  in the following statutes in this state or similar offenses in

24  another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,

25  where the victim is a minor and the defendant is not the

26  victim's parent; chapter 794, excluding ss. 794.011(10) and

27  794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.

28  827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;

29  s. 847.0145; s. 985.4045(1); or any similar offense committed

30  in this state which has been redesignated from a former

31  statute number to one of those listed in this subsection, when

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    Florida Senate - 2005                           CS for SB 1728
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 1  the department has received verified information regarding

 2  such conviction; an offender's computerized criminal history

 3  record is not, in and of itself, verified information.

 4         Section 5.  Paragraphs (a) and (c) of subsection (1) of

 5  section 944.607, Florida Statutes, are amended to read:

 6         944.607  Notification to Department of Law Enforcement

 7  of information on sexual offenders.--

 8         (1)  As used in this section, the term:

 9         (a)  "Sexual offender" means a person who is in the

10  custody or control of, or under the supervision of, the

11  department or is in the custody of a private correctional

12  facility:

13         1.  On or after October 1, 1997, as a result of a

14  conviction for committing, or attempting, soliciting, or

15  conspiring to commit, any of the criminal offenses proscribed

16  in the following statutes in this state or similar offenses in

17  another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,

18  where the victim is a minor and the defendant is not the

19  victim's parent; chapter 794, excluding ss. 794.011(10) and

20  794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.

21  827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;

22  s. 847.0145; s. 985.4045(1); or any similar offense committed

23  in this state which has been redesignated from a former

24  statute number to one of those listed in this paragraph; or

25         2.  Who establishes or maintains a residence in this

26  state and who has not been designated as a sexual predator by

27  a court of this state but who has been designated as a sexual

28  predator, as a sexually violent predator, or by another sexual

29  offender designation in another state or jurisdiction and was,

30  as a result of such designation, subjected to registration or

31  community or public notification, or both, or would be if the

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    Florida Senate - 2005                           CS for SB 1728
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 1  person were a resident of that state or jurisdiction, without

 2  regard to whether the person otherwise meets the criteria for

 3  registration as a sexual offender in this state.

 4         (c)  "Institution of higher education" means a career

 5  center, community college, college, state university, or

 6  independent postsecondary institution.

 7         Section 6.  This act shall take effect July 1, 2005.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1728

11                                 

12  -    Adds offense of selling or buying minors into sex
         trafficking or prostitution to sexual predator
13       registration criteria, a prohibition on sexual predators
         convicted of certain offenses working where children
14       regularly congregate, and definitions of "sexual
         offender" in applicable sexual offender registration
15       section.

16  -    Clarifies language relating to qualifying prior felonies
         for the purpose of sexual predator designation.
17  
    -    Clarifies provisions relating to persons required to
18       register as sexual offenders in this state because they
         reside in this state and have been designated as sexual
19       predators or another sexual offender designation in
         another state.
20  
    -    Deletes a provision of the bill relating to time
21       requirements for a sexual offender reporting that he or
         she has vacated a permanent residence and failed to
22       establish or maintain a permanent or temporary residence.

23  -    Clarifies registration criteria for career offenders
         required to register.
24  

25  

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27  

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