| 1 | The Criminal Justice Committee 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 high-risk offenders; providing a short |
| 7 | title; amending s. 794.011, F.S., and reenacting |
| 8 | subsections (3), (4), and (5), relating to persons |
| 9 | committing sexual battery upon certain persons, to |
| 10 | incorporate the amendment to s. 794.0115, F.S., in |
| 11 | references thereto; providing that sexual predators who |
| 12 | commit a sexual battery against certain victims shall be |
| 13 | sentenced to life in prison without the possibility of |
| 14 | parole or gain-time; amending s. 794.0115, F.S.; |
| 15 | increasing the mandatory minimum sentence applicable to |
| 16 | dangerous sexual felony offenders; amending s. 794.065, |
| 17 | F.S.; providing for county or municipal ordinances |
| 18 | relating to the residence of persons subject to |
| 19 | registration as sexual offenders or designated as sexual |
| 20 | predators; providing applicability; providing an effective |
| 21 | date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. This act may be cited as the "Sexual Predator |
| 26 | Elimination Act." |
| 27 | Section 2. For the purpose of incorporating the amendment |
| 28 | made by this act to section 794.0115, Florida Statutes, in |
| 29 | references thereto, subsections (3), (4), and (5) of section |
| 30 | 794.011, Florida Statutes, are reenacted, and subsection (11) is |
| 31 | added to that section, to read: |
| 32 | 794.011 Sexual battery.-- |
| 33 | (3) A person who commits sexual battery upon a person 12 |
| 34 | years of age or older, without that person's consent, and in the |
| 35 | process thereof uses or threatens to use a deadly weapon or uses |
| 36 | actual physical force likely to cause serious personal injury |
| 37 | commits a life felony, punishable as provided in s. 775.082, s. |
| 38 | 775.083, s. 775.084, or s. 794.0115. |
| 39 | (4) A person who commits sexual battery upon a person 12 |
| 40 | years of age or older without that person's consent, under any |
| 41 | of the following circumstances, commits a felony of the first |
| 42 | degree, punishable as provided in s. 775.082, s. 775.083, s. |
| 43 | 775.084, or s. 794.0115: |
| 44 | (a) When the victim is physically helpless to resist. |
| 45 | (b) When the offender coerces the victim to submit by |
| 46 | threatening to use force or violence likely to cause serious |
| 47 | personal injury on the victim, and the victim reasonably |
| 48 | believes that the offender has the present ability to execute |
| 49 | the threat. |
| 50 | (c) When the offender coerces the victim to submit by |
| 51 | threatening to retaliate against the victim, or any other |
| 52 | person, and the victim reasonably believes that the offender has |
| 53 | the ability to execute the threat in the future. |
| 54 | (d) When the offender, without the prior knowledge or |
| 55 | consent of the victim, administers or has knowledge of someone |
| 56 | else administering to the victim any narcotic, anesthetic, or |
| 57 | other intoxicating substance which mentally or physically |
| 58 | incapacitates the victim. |
| 59 | (e) When the victim is mentally defective and the offender |
| 60 | has reason to believe this or has actual knowledge of this fact. |
| 61 | (f) When the victim is physically incapacitated. |
| 62 | (g) When the offender is a law enforcement officer, |
| 63 | correctional officer, or correctional probation officer as |
| 64 | defined by s. 943.10(1), (2), (3), (6), (7), (8), or (9), who is |
| 65 | certified under the provisions of s. 943.1395 or is an elected |
| 66 | official exempt from such certification by virtue of s. 943.253, |
| 67 | or any other person in a position of control or authority in a |
| 68 | probation, community control, controlled release, detention, |
| 69 | custodial, or similar setting, and such officer, official, or |
| 70 | person is acting in such a manner as to lead the victim to |
| 71 | reasonably believe that the offender is in a position of control |
| 72 | or authority as an agent or employee of government. |
| 73 | (5) A person who commits sexual battery upon a person 12 |
| 74 | years of age or older, without that person's consent, and in the |
| 75 | process thereof does not use physical force and violence likely |
| 76 | to cause serious personal injury commits a felony of the second |
| 77 | degree, punishable as provided in s. 775.082, s. 775.083, s. |
| 78 | 775.084, or s. 794.0115. |
| 79 | (11) Notwithstanding any other provision of law, any |
| 80 | person who has been designated as a sexual predator under s. |
| 81 | 775.21 who is convicted of an offense under this chapter upon a |
| 82 | child under 12 years of age that is classified as a capital |
| 83 | felony, a life felony, or a first degree felony and who was 18 |
| 84 | years of age or older at the time of the offense shall be |
| 85 | sentenced to life in prison without the possibility of parole or |
| 86 | eligibility for gain-time. |
| 87 | Section 3. Subsection (2) of section 794.0115, Florida |
| 88 | Statutes, is amended to read: |
| 89 | 794.0115 Dangerous sexual felony offender; mandatory |
| 90 | sentencing.-- |
| 91 | (2) Any person who is convicted of a violation of s. |
| 92 | 787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or |
| 93 | (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s. |
| 94 | 847.0145; or of any similar offense under a former designation, |
| 95 | which offense the person committed when he or she was 18 years |
| 96 | of age or older, and the person: |
| 97 | (a) Caused serious personal injury to the victim as a |
| 98 | result of the commission of the offense; |
| 99 | (b) Used or threatened to use a deadly weapon during the |
| 100 | commission of the offense; |
| 101 | (c) Victimized more than one person during the course of |
| 102 | the criminal episode applicable to the offense; |
| 103 | (d) Committed the offense while under the jurisdiction of |
| 104 | a court for a felony offense under the laws of this state, for |
| 105 | an offense that is a felony in another jurisdiction, or for an |
| 106 | offense that would be a felony if that offense were committed in |
| 107 | this state; or |
| 108 | (e) Has previously been convicted of a violation of s. |
| 109 | 787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or |
| 110 | (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. |
| 111 | 847.0145; of any offense under a former statutory designation |
| 112 | which is similar in elements to an offense described in this |
| 113 | paragraph; or of any offense that is a felony in another |
| 114 | jurisdiction, or would be a felony if that offense were |
| 115 | committed in this state, and which is similar in elements to an |
| 116 | offense described in this paragraph, |
| 117 |
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| 118 | is a dangerous sexual felony offender, who must be sentenced to |
| 119 | a mandatory minimum term of life in prison without the |
| 120 | possibility of parole or eligibility for gain-time 25 years |
| 121 | imprisonment up to, and including, life imprisonment. |
| 122 | Section 4. Subsection (3) is added to section 794.065, |
| 123 | Florida Statutes, to read: |
| 124 | 794.065 Unlawful place of residence for persons convicted |
| 125 | of certain sex offenses.-- |
| 126 | (3) No state law shall prevent a county or municipality |
| 127 | from enacting an ordinance relating to the residence of persons |
| 128 | subject to registration as sexual offenders under s. 943.0435 or |
| 129 | designated as sexual predators under s. 775.21 that restricts |
| 130 | the residence of such persons within its jurisdiction as it may |
| 131 | deem appropriate to protect its citizens. |
| 132 | Section 5. The amendments to ss. 794.011 and 794.0115, |
| 133 | Florida Statutes, by this act shall apply to offenses committed |
| 134 | on or after the effective date of this act. |
| 135 | Section 6. This act shall take effect upon becoming a law. |