Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 945062
CHAMBER ACTION
Senate House
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04/21/2006 10:39 AM .
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11 Senator Campbell moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 1, through
15 page 3, line 19, delete those lines
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17 and insert:
18 Section 1. Paragraph (h) of subsection (2), subsection
19 (4), paragraph (d) of subsection (5), paragraphs (e), (g),
20 (h), (i), and (j) of subsection (6), and paragraph (b) of
21 subsection (10) of section 775.21, Florida Statutes, are
22 amended to read:
23 775.21 The Florida Sexual Predators Act.--
24 (2) DEFINITIONS.--As used in this section, the term:
25 (h) "Institution of higher education" means a career
26 center, community college, college, state university, or
27 independent postsecondary institution.
28 (4) SEXUAL PREDATOR CRITERIA.--
29 (a) For a current offense committed on or after
30 October 1, 1993, upon conviction, an offender shall be
31 designated as a "sexual predator" under subsection (5), and
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 945062
1 subject to registration under subsection (6) and community and
2 public notification under subsection (7) if:
3 1. The felony is:
4 a. A capital, life, or first-degree felony violation,
5 or any attempt thereof, of s. 787.01 or s. 787.02, where the
6 victim is a minor and the defendant is not the victim's
7 parent, or of chapter 794, s. 800.04, or s. 847.0145, or a
8 violation of a similar law of another jurisdiction; or
9 b. Any felony violation, or any attempt thereof, of s.
10 787.01, s. 787.02, or s. 787.025, where the victim is a minor
11 and the defendant is not the victim's parent; chapter 794,
12 excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
13 s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or
14 s. 985.4045(1); or a violation of a similar law of another
15 jurisdiction, and the offender has previously been convicted
16 of or found to have committed, or has pled nolo contendere or
17 guilty to, regardless of adjudication, any violation of s.
18 787.01, s. 787.02, or s. 787.025, where the victim is a minor
19 and the defendant is not the victim's parent; s. 794.011(2),
20 (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
21 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or
22 s. 847.0145; or s. 985.4045(1);, or a violation of a similar
23 law of another jurisdiction;
24 2. The offender has not received a pardon for any
25 felony or similar law of another jurisdiction that is
26 necessary for the operation of this paragraph; and
27 3. A conviction of a felony or similar law of another
28 jurisdiction necessary to the operation of this paragraph has
29 not been set aside in any postconviction proceeding.
30 (b) In order to be counted as a prior felony for
31 purposes of this subsection, the felony must have resulted in
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 945062
1 a conviction sentenced separately, or an adjudication of
2 delinquency entered separately, prior to the current offense
3 and sentenced or adjudicated separately from any other felony
4 conviction that is to be counted as a prior felony.
5 (b)(c) If an offender has been registered as a sexual
6 predator by the Department of Corrections, the department, or
7 any other law enforcement agency and if:
8 1. The court did not, for whatever reason, make a
9 written finding at the time of sentencing that the offender
10 was a sexual predator; or
11 2. The offender was administratively registered as a
12 sexual predator because the Department of Corrections, the
13 department, or any other law enforcement agency obtained
14 information that indicated that the offender met the criteria
15 for designation as a sexual predator based on a violation of a
16 similar law in another jurisdiction,
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18 the department shall remove that offender from the
19 department's list of sexual predators and, for an offender
20 described under subparagraph 1., shall notify the state
21 attorney who prosecuted the offense that met the criteria for
22 administrative designation as a sexual predator, and, for an
23 offender described under this subparagraph, shall notify the
24 state attorney of the county where the offender establishes or
25 maintains a permanent or temporary residence. The state
26 attorney shall bring the matter to the court's attention in
27 order to establish that the offender meets the criteria for
28 designation as a sexual predator. If the court makes a written
29 finding that the offender is a sexual predator, the offender
30 must be designated as a sexual predator, must register or be
31 registered as a sexual predator with the department as
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Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for SB 646
Barcode 945062
1 provided in subsection (6), and is subject to the community
2 and public notification as provided in subsection (7). If the
3 court does not make a written finding that the offender is a
4 sexual predator, the offender may not be designated as a
5 sexual predator with respect to that offense and is not
6 required to register or be registered as a sexual predator
7 with the department.
8 (c)(d) An offender who has been determined to be a
9 sexually violent predator pursuant to a civil commitment
10 proceeding under chapter 394 shall be designated as a "sexual
11 predator" under subsection (5) and subject to registration
12 under subsection (6) and community and public notification
13 under subsection (7).
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, line 7, after the semicolon,
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20 insert:
21 deleting the requirement for a separate
22 sentencing of a prior felony for designation as
23 a sexual predator;
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