HB 0585

1	A bill to be entitled
2	An act relating to crimes against minors; amending ss.
3	787.01 and 787.02, F.S.; revising the elements of the
4	crimes of kidnapping a minor child and false imprisonment
5	of a minor child; amending s. 787.025, F.S.; revising the
6	elements of the crime of luring or enticing a minor child
7	for an unlawful purpose; specifying an evidentiary fact
8	that may be considered by the court in determining whether
9	the defendant committed or attempted to commit such
10	offense; increasing the penalty imposed for committing
11	such offense; reenacting ss. 435.03(2)(l) and (m),
12	435.04(2)(m) and (n), and 910.14, F.S., relating to level
13	1 and level 2 screening standards and kidnapping, to
14	incorporate the amendments to ss. 787.01 and 787.02, F.S.,
15	in references thereto; reenacting and amending s.
16	921.0022(3)(f), (i), and (j), F.S., relating to the
17	Criminal Punishment Code offense severity ranking chart,
18	to incorporate the amendments to ss. 787.01 and 787.02,
19	F.S., in references thereto; reenacting ss. 775.0823(8)
20	and 903.133, F.S., relating to violent offenses committed
21	against law enforcement officers, correctional officers,
22	state attorneys, assistant state attorneys, justices, or
23	judges and bail on appeal, to incorporate the amendment to
24	s. 787.01, F.S., in references thereto; reenacting ss.
25	775.21(4)(a) , 943.0435(1)(a), 944.606(1)(b),
26	944.607(1)(a), and 948.013(2), F.S., relating to the
27	Florida Sexual Predators Act, sexual offenders required to
28	register with the Department of Corrections, notification
29	upon release of sexual offenders, notification to the
30	Department of Law Enforcement of information on sexual
31	offenders, and administrative probation, to incorporate
32	the amendments to ss. 787.01, 787.02, and 787.025, F.S.,
33	in references thereto; reenacting ss. 794.0115(2) and
34	948.32(1), F.S., relating to mandatory sentencing for
35	dangerous sexual felony offenders and law enforcement
36	agency requirements upon arrest of persons for certain sex
37	offenses, to incorporate the amendment to s. 787.025,
38	F.S., in references thereto; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Section 787.01, Florida Statutes, is amended to
43	read:
44	787.01  Kidnapping; kidnapping of child under age 16 13,
45	aggravating circumstances.--
46	(1)(a)  The term "kidnapping" means forcibly, secretly, or
47	by threat confining, abducting, or imprisoning another person
48	against her or his will and without lawful authority, with
49	intent to:
50	1.  Hold for ransom or reward or as a shield or hostage.
51	2.  Commit or facilitate commission of any felony.
52	3.  Inflict bodily harm upon or to terrorize the victim or
53	another person.
54	4.  Interfere with the performance of any governmental or
55	political function.
56	(b)  Confinement of a child under the age of 16 13 is
57	against her or his will within the meaning of this subsection if
58	such confinement is without the consent of the child's her or
59	his parent or legal guardian.
60	(2)  A person who kidnaps a person is guilty of a felony of
61	the first degree, punishable by imprisonment for a term of years
62	not exceeding life or as provided in s. 775.082, s. 775.083, or
63	s. 775.084.
64	(3)(a)  A person who commits the offense of kidnapping upon
65	a child under the age of 16 13 and who, in the course of
66	committing the offense, commits one or more of the following:
67	1.  Aggravated child abuse, as defined in s. 827.03;
68	2.  Sexual battery, as defined in chapter 794, against the
69	child;
70	3.  Lewd or lascivious battery, lewd or lascivious
71	molestation, lewd or lascivious conduct, or lewd or lascivious
72	exhibition, in violation of s. 800.04;
73	4.  A violation of s. 796.03 or s. 796.04, relating to
74	prostitution, upon the child; or
75	5.  Exploitation of the child or allowing the child to be
76	exploited, in violation of s. 450.151,
77
78	commits a life felony, punishable as provided in s. 775.082, s.
79	775.083, or s. 775.084.
80	(b)  Pursuant to s. 775.021(4), nothing contained herein
81	shall be construed to prohibit the imposition of separate
82	judgments and sentences for the life felony described in
83	paragraph (a) and for each separate offense enumerated in
84	subparagraphs (a)1.-5.
85	Section 2.  Section 787.02, Florida Statutes, is amended to
86	read:
87	787.02  False imprisonment; false imprisonment of child
88	under age 16 13, aggravating circumstances.--
89	(1)(a)  The term "false imprisonment" means forcibly, by
90	threat, or secretly confining, abducting, imprisoning, or
91	restraining another person without lawful authority and against
92	her or his will.
93	(b)  Confinement of a child under the age of 16 13 is
94	against her or his will within the meaning of this section if
95	such confinement is without the consent of the child's her or
96	his parent or legal guardian.
97	(2)  A person who commits the offense of false imprisonment
98	is guilty of a felony of the third degree, punishable as
99	provided in s. 775.082, s. 775.083, or s. 775.084.
100	(3)(a)  A person who commits the offense of false
101	imprisonment upon a child under the age of 16 13 and who, in the
102	course of committing the offense, commits any offense enumerated
103	in subparagraphs 1.-5., commits a felony of the first degree,
104	punishable by imprisonment for a term of years not exceeding
105	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
106	1.  Aggravated child abuse, as defined in s. 827.03;
107	2.  Sexual battery, as defined in chapter 794, against the
108	child;
109	3.  Lewd or lascivious battery, lewd or lascivious
110	molestation, lewd or lascivious conduct, or lewd or lascivious
111	exhibition, in violation of s. 800.04;
112	4.  A violation of s. 796.03 or s. 796.04, relating to
113	prostitution, upon the child; or
114	5.  Exploitation of the child or allowing the child to be
115	exploited, in violation of s. 450.151.
116	(b)  Pursuant to s. 775.021(4), nothing contained herein
117	shall be construed to prohibit the imposition of separate
118	judgments and sentences for the first degree offense described
119	in paragraph (a) and for each separate offense enumerated in
120	subparagraphs (a)1.-5.
121	Section 3.  Subsection (2) and paragraph (b) of subsection
122	(3) of section 787.025, Florida Statutes, are amended to read:
123	787.025  Luring or enticing a child.--
124	(2)(a)  A person over the age of 18 who, having been
125	previously convicted of a violation of chapter 794 or s. 800.04,
126	or a violation of a similar law of another jurisdiction,
127	intentionally lures or entices, or attempts to lure or entice, a
128	child under the age of 16 12 into a structure, dwelling, or
129	conveyance for other than a lawful purpose commits a felony of
130	the second third degree, punishable as provided in s. 775.082,
131	s. 775.083, or s. 775.084.
132	(b)  If the defendant lured or enticed, or attempted to
133	lure or entice, For purposes of this section, the luring or
134	enticing, or attempted luring or enticing, of a child under the
135	age of 16 12 into a structure, dwelling, or conveyance without
136	the consent of the child's parent or legal guardian, that fact
137	does not give rise to a presumption that the defendant committed
138	or attempted to commit such luring or enticing for shall be
139	prima facie evidence of other than a lawful purpose, but may be
140	considered with other competent evidence in determining whether
141	the defendant committed or attempted to commit the luring or
142	enticing for other than a lawful purpose.
143	(3)  It is an affirmative defense to a prosecution under
144	this section that:
145	(b)  The person lured or enticed, or attempted to lure or
146	entice, the child under the age of 16 12 into a structure,
147	dwelling, or conveyance for a lawful purpose.
148	Section 4.  For the purpose of incorporating the amendments
149	to sections 787.01 and 787.02, Florida Statutes, in references
150	thereto, paragraphs (l) and (m) of subsection (2) of section
151	435.03, Florida Statutes, are reenacted to read:
152	435.03  Level 1 screening standards.--
153	(2)  Any person for whom employment screening is required
154	by statute must not have been found guilty of, regardless of
155	adjudication, or entered a plea of nolo contendere or guilty to,
156	any offense prohibited under any of the following provisions of
157	the Florida Statutes or under any similar statute of another
158	jurisdiction:
159	(l)  Section 787.01, relating to kidnapping.
160	(m)  Section 787.02, relating to false imprisonment.
161	Section 5.  For the purpose of incorporating the amendments
162	to sections 787.01 and 787.02, Florida Statutes, in references
163	thereto, paragraphs (m) and (n) of subsection (2) of section
164	435.04, Florida Statutes, are reenacted to read:
165	435.04  Level 2 screening standards.--
166	(2)  The security background investigations under this
167	section must ensure that no persons subject to the provisions of
168	this section have been found guilty of, regardless of
169	adjudication, or entered a plea of nolo contendere or guilty to,
170	any offense prohibited under any of the following provisions of
171	the Florida Statutes or under any similar statute of another
172	jurisdiction:
173	(m)  Section 787.01, relating to kidnapping.
174	(n)  Section 787.02, relating to false imprisonment.
175	Section 6.  For the purpose of incorporating the amendment
176	to section 787.01, Florida Statutes, in a reference thereto,
177	subsection (8) of section 775.0823, Florida Statutes, is
178	reenacted to read:
179	775.0823  Violent offenses committed against law
180	enforcement officers, correctional officers, state attorneys,
181	assistant state attorneys, justices, or judges.--The Legislature
182	does hereby provide for an increase and certainty of penalty for
183	any person convicted of a violent offense against any law
184	enforcement or correctional officer, as defined in s. 943.10(1),
185	(2), (3), (6), (7), (8), or (9); against any state attorney
186	elected pursuant to s. 27.01 or assistant state attorney
187	appointed under s. 27.181; or against any justice or judge of a
188	court described in Art. V of the State Constitution, which
189	offense arises out of or in the scope of the officer's duty as a
190	law enforcement or correctional officer, the state attorney's or
191	assistant state attorney's duty as a prosecutor or investigator,
192	or the justice's or judge's duty as a judicial officer, as
193	follows:
194	(8)  For kidnapping as described in s. 787.01, a sentence
195	pursuant to s. 775.082, s. 775.083, or s. 775.084.
196
197	Notwithstanding the provisions of s. 948.01, with respect to any
198	person who is found to have violated this section, adjudication
199	of guilt or imposition of sentence shall not be suspended,
200	deferred, or withheld.
201	Section 7.  For the purpose of incorporating the amendments
202	to sections 787.01, 787.02, and 787.025, Florida Statutes, in
203	references thereto, paragraph (a) of subsection (4) of section
204	775.21, Florida Statutes, is reenacted to read:
205	775.21  The Florida Sexual Predators Act.--
206	(4)  SEXUAL PREDATOR CRITERIA.--
207	(a)  For a current offense committed on or after October 1,
208	1993, upon conviction, an offender shall be designated as a
209	"sexual predator" under subsection (5), and subject to
210	registration under subsection (6) and community and public
211	notification under subsection (7) if:
212	1.  The felony is:
213	a.  A capital, life, or first-degree felony violation, or
214	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
215	is a minor and the defendant is not the victim's parent, or of
216	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
217	similar law of another jurisdiction; or
218	b.  Any felony violation, or any attempt thereof, of s.
219	787.01, s. 787.02, or s. 787.025, where the victim is a minor
220	and the defendant is not the victim's parent; chapter 794,
221	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
222	825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a
223	similar law of another jurisdiction, and the offender has
224	previously been convicted of or found to have committed, or has
225	pled nolo contendere or guilty to, regardless of adjudication,
226	any violation of s. 787.01, s. 787.02, or s. 787.025, where the
227	victim is a minor and the defendant is not the victim's parent;
228	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
229	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
230	847.0145, or a violation of a similar law of another
231	jurisdiction;
232	2.  The offender has not received a pardon for any felony
233	or similar law of another jurisdiction that is necessary for the
234	operation of this paragraph; and
235	3.  A conviction of a felony or similar law of another
236	jurisdiction necessary to the operation of this paragraph has
237	not been set aside in any postconviction proceeding.
238	Section 8.  For the purpose of incorporating the amendment
239	to section 787.025, Florida Statutes, in a reference thereto,
240	subsection (2) of section 794.0115, Florida Statutes, is
241	reenacted to read:
242	794.0115  Dangerous sexual felony offender; mandatory
243	sentencing.--
244	(2)  Any person who is convicted of a violation of s.
245	787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or
246	(5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s.
247	847.0145; or of any similar offense under a former designation,
248	which offense the person committed when he or she was 18 years
249	of age or older, and the person:
250	(a)  Caused serious personal injury to the victim as a
251	result of the commission of the offense;
252	(b)  Used or threatened to use a deadly weapon during the
253	commission of the offense;
254	(c)  Victimized more than one person during the course of
255	the criminal episode applicable to the offense;
256	(d)  Committed the offense while under the jurisdiction of
257	a court for a felony offense under the laws of this state, for
258	an offense that is a felony in another jurisdiction, or for an
259	offense that would be a felony if that offense were committed in
260	this state; or
261	(e)  Has previously been convicted of a violation of s.
262	787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or
263	(5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s.
264	847.0145; of any offense under a former statutory designation
265	which is similar in elements to an offense described in this
266	paragraph; or of any offense that is a felony in another
267	jurisdiction, or would be a felony if that offense were
268	committed in this state, and which is similar in elements to an
269	offense described in this paragraph,
270
271	is a dangerous sexual felony offender, who must be sentenced to
272	a mandatory minimum term of 25 years imprisonment up to, and
273	including, life imprisonment.
274	Section 9.  For the purpose of incorporating the amendment
275	to section 787.01, Florida Statutes, in a reference thereto,
276	section 903.133, Florida Statutes, is reenacted to read:
277	903.133  Bail on appeal; prohibited for certain felony
278	convictions.--Notwithstanding the provisions of s. 903.132, no
279	person adjudged guilty of a felony of the first degree for a
280	violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.
281	806.01, s. 893.13, or s. 893.135, or adjudged guilty of a
282	violation of s. 794.011(2) or (3), shall be admitted to bail
283	pending review either by posttrial motion or appeal.
284	Section 10.  For the purpose of incorporating the
285	amendments to sections 787.01 and 787.02, Florida Statutes, in
286	references thereto, section 910.14, Florida Statutes, is
287	reenacted to read:
288	910.14  Kidnapping.--A person who commits an offense
289	provided for in s. 787.01 or s. 787.02 may be tried in any
290	county in which the person's victim has been taken or confined
291	during the course of the offense.
292	Section 11.  For the purpose of incorporating the
293	amendments to sections 787.01 and 787.02, Florida Statutes, in
294	references thereto, paragraphs (f), (i), and (j) of subsection
295	(3) of section 921.0022, Florida Statutes, are reenacted and
296	amended to read:
297	921.0022  Criminal Punishment Code; offense severity
298	ranking chart.--
299	(3)  OFFENSE SEVERITY RANKING CHART
300
	FloridaStatute FelonyDegree Description
301
302
	(f)  LEVEL 6
303
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
304
	499.0051(3) 2nd Forgery of pedigree papers.
305
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
306
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
307
	775.0875(1) 3rd Taking firearm from law enforcement officer.
308
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
309
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
310
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
311
	784.041 3rd Felony battery.
312
	784.048(3) 3rd Aggravated stalking; credible threat.
313
	784.048(5) 3rd Aggravated stalking of person under 16.
314
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
315
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
316
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
317
	784.081(2) 2nd Aggravated assault on specified official or employee.
318
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
319
	784.083(2) 2nd Aggravated assault on code inspector.
320
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
321
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
322
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
323
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
324
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
325
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
326
	794.05(1) 2nd Unlawful sexual activity with specified minor.
327
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
328
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
329
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
330
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
331
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
332
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
333
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
334
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
335
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
336
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
337
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
338
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
339
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
340
	827.03(1) 3rd Abuse of a child.
341
	827.03(3)(c) 3rd Neglect of a child.
342
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
343
	836.05 2nd Threats; extortion.
344
	836.10 2nd Written threats to kill or do bodily injury.
345
	843.12 3rd Aids or assists person to escape.
346
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
347
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
348
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
349
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
350
	944.40 2nd Escapes.
351
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
352
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
353
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
354
	(i)  LEVEL 9
355
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
356
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
357
	499.0053 1st Sale or purchase of contraband legend drugs resulting in great bodily harm.
358
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
359
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
360
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
361
	775.0844 1st Aggravated white collar crime.
362
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
363
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
364
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
365
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
366
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
367
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
368
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
369
	787.02(3)(a) 1st False imprisonment; child under age 16 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
370
	790.161 1st Attempted capital destructive device offense.
371
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
372
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
373
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
374
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
375
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
376
	800.04(5)(b) 1st Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
377
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
378
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
379
	812.135(2)(b) 1st Home-invasion robbery with weapon.
380
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
381
	827.03(2) 1st Aggravated child abuse.
382
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
383
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
384
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
385
	893.135 1st Attempted capital trafficking offense.
386
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
387
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
388
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
389
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
390
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
391
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
392
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
393
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
394
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
395
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
396
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
397
	(j)  LEVEL 10
398
	499.00545 1st Sale or purchase of contraband legend drugs resulting in death.
399
	782.04(2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated.
400
	787.01(1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim.
401
	787.01(3)(a) Life Kidnapping; child under age 16 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
402
	782.07(3) 1st Aggravated manslaughter of a child.
403
	794.011(3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.
404
	812.135(2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon.
405
	876.32 1st Treason against the state.
406
407	Section 12.  For the purpose of incorporating the
408	amendments to sections 787.01, 787.02, and 787.025, Florida
409	Statutes, in references thereto, paragraph (a) of subsection (1)
410	of section 943.0435, Florida Statutes, is reenacted to read:
411	943.0435  Sexual offenders required to register with the
412	department; penalty.--
413	(1)  As used in this section, the term:
414	(a)  "Sexual offender" means a person who:
415	1.  Has been convicted of committing, or attempting,
416	soliciting, or conspiring to commit, any of the criminal
417	offenses proscribed in the following statutes in this state or
418	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
419	or s. 787.025, where the victim is a minor and the defendant is
420	not the victim's parent; chapter 794, excluding ss. 794.011(10)
421	and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
422	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
423	any similar offense committed in this state which has been
424	redesignated from a former statute number to one of those listed
425	in this subparagraph; and
426	2.  Has been released on or after October 1, 1997, from the
427	sanction imposed for any conviction of an offense described in
428	subparagraph 1. For purposes of subparagraph 1., a sanction
429	imposed in this state or in any other jurisdiction includes, but
430	is not limited to, a fine, probation, community control, parole,
431	conditional release, control release, or incarceration in a
432	state prison, federal prison, private correctional facility, or
433	local detention facility; or
434	3.  Establishes or maintains a residence in this state and
435	who has not been designated as a sexual predator by a court of
436	this state but who has been designated as a sexual predator, as
437	a sexually violent predator, or by another sexual offender
438	designation in another state or jurisdiction and was, as a
439	result of such designation, subjected to registration or
440	community or public notification, or both, or would be if the
441	person were a resident of that state or jurisdiction; or
442	4.  Establishes or maintains a residence in this state who
443	is in the custody or control of, or under the supervision of,
444	any other state or jurisdiction as a result of a conviction for
445	committing, or attempting, soliciting, or conspiring to commit,
446	any of the criminal offenses proscribed in the following
447	statutes or similar offense in another jurisdiction: s. 787.01,
448	s. 787.02, or s. 787.025, where the victim is a minor and the
449	defendant is not the victim's parent; chapter 794, excluding ss.
450	794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s.
451	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
452	847.0145; or any similar offense committed in this state which
453	has been redesignated from a former statute number to one of
454	those listed in this subparagraph.
455	Section 13.  For the purpose of incorporating the
456	amendments to sections 787.01, 787.02, and 787.025, Florida
457	Statutes, in references thereto, paragraph (b) of subsection (1)
458	of section 944.606, Florida Statutes, is reenacted to read:
459	944.606  Sexual offenders; notification upon release.--
460	(1)  As used in this section:
461	(b)  "Sexual offender" means a person who has been
462	convicted of committing, or attempting, soliciting, or
463	conspiring to commit, any of the criminal offenses proscribed in
464	the following statutes in this state or similar offenses in
465	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
466	the victim is a minor and the defendant is not the victim's
467	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
468	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
469	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
470	offense committed in this state which has been redesignated from
471	a former statute number to one of those listed in this
472	subsection, when the department has received verified
473	information regarding such conviction; an offender's
474	computerized criminal history record is not, in and of itself,
475	verified information.
476	Section 14.  For the purpose of incorporating the
477	amendments to sections 787.01, 787.02, and 787.025, Florida
478	Statutes, in references thereto, paragraph (a) of subsection (1)
479	of section 944.607, Florida Statutes, is reenacted to read:
480	944.607  Notification to Department of Law Enforcement of
481	information on sexual offenders.--
482	(1)  As used in this section, the term:
483	(a)  "Sexual offender" means a person who is in the custody
484	or control of, or under the supervision of, the department or is
485	in the custody of a private correctional facility:
486	1.  On or after October 1, 1997, as a result of a
487	conviction for committing, or attempting, soliciting, or
488	conspiring to commit, any of the criminal offenses proscribed in
489	the following statutes in this state or similar offenses in
490	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
491	the victim is a minor and the defendant is not the victim's
492	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
493	796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
494	847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any similar
495	offense committed in this state which has been redesignated from
496	a former statute number to one of those listed in this
497	paragraph; or
498	2.  Who establishes or maintains a residence in this state
499	and who has not been designated as a sexual predator by a court
500	of this state but who has been designated as a sexual predator,
501	as a sexually violent predator, or by another sexual offender
502	designation in another state or jurisdiction and was, as a
503	result of such designation, subjected to registration or
504	community or public notification, or both, or would be if the
505	person were a resident of that state or jurisdiction.
506	Section 15.  For the purpose of incorporating the
507	amendments to sections 787.01, 787.02, and 787.025, Florida
508	Statutes, in references thereto, subsection (2) of section
509	948.013, Florida Statutes, is reenacted to read:
510	948.013  Administrative probation.--
511	(2)  Effective for an offense committed on or after July 1,
512	1998, a person is ineligible for placement on administrative
513	probation if the person is sentenced to or is serving a term of
514	probation or community control, regardless of the conviction or
515	adjudication, for committing, or attempting, conspiring, or
516	soliciting to commit, any of the felony offenses described in s.
517	787.01 or s. 787.02, where the victim is a minor and the
518	defendant is not the victim's parent; s. 787.025; chapter 794;
519	s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
520	847.0133; s. 847.0135; or s. 847.0145.
521	Section 16.  For the purpose of incorporating the amendment
522	to section 787.025, Florida Statutes, in a reference thereto,
523	subsection (1) of section 948.32, Florida Statutes, is reenacted
524	to read:
525	948.32  Requirements of law enforcement agency upon arrest
526	of persons for certain sex offenses.--
527	(1)  When any state or local law enforcement agency
528	investigates or arrests a person for committing, or attempting,
529	soliciting, or conspiring to commit, a violation of s. 787.025,
530	chapter 794, s. 796.03, s. 800.04, s. 827.071, s. 847.0133, s.
531	847.0135, or s. 847.0145, the law enforcement agency shall
532	contact the Department of Corrections to verify whether the
533	person under investigation or under arrest is on probation,
534	community control, parole, conditional release, or control
535	release.
536	Section 17.  This act shall take effect July 1, 2005.

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