HB 0763CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to luring or enticing a child; amending s.
7787.025, F.S.; defining the term "convicted"; providing
8that a person 18 years of age or older who intentionally
9lures or entices, or attempts to lure or entice, a child
10under the age of 12 into a structure, dwelling, or
11conveyance for other than a lawful purpose commits a
12misdemeanor of the first degree; providing criminal
13penalties; providing that a person who has previously been
14convicted of this offense and who intentionally lures or
15entices, or attempts to lure or entice, a child under the
16age of 12 into a structure, dwelling, or conveyance for
17other than a lawful purpose commits a felony of the third
18degree; providing criminal penalties; deleting a
19presumption regarding what constitutes other than a lawful
20purpose; amending ss. 775.21, 794.0115, 943.0435, 944.606,
21944.607, and 948.32, F.S.; conforming cross-references;
22amending s. 901.15, F.S.; authorizing a law enforcement
23officer to arrest a person without a warrant if there is
24probable cause to believe that the person is intentionally
25luring or enticing, or attempting to lure or entice, a
26child under the age of 12 into a structure, dwelling, or
27conveyance for other than a lawful purpose; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Subsections (1) and (2) of section 787.025,
33Florida Statutes, are amended to read:
34     787.025  Luring or enticing a child.--
35     (1)  As used in this section, the term:
36     (a)  "Structure" means a building of any kind, either
37temporary or permanent, which has a roof over it, together with
38the curtilage thereof.
39     (b)  "Dwelling" means a building or conveyance of any kind,
40either temporary or permanent, mobile or immobile, which has a
41roof over it and is designed to be occupied by people lodging
42together therein at night, together with the curtilage thereof.
43     (c)  "Conveyance" means any motor vehicle, ship, vessel,
44railroad car, trailer, aircraft, or sleeping car.
45     (d)  "Convicted" means a determination of guilt which is
46the result of a trial or the entry of a plea of guilty or nolo
47contendere, regardless of whether adjudication is withheld.
48     (2)(a)  A person 18 years of age or older who intentionally
49lures or entices, or attempts to lure or entice, a child under
50the age of 12 into a structure, dwelling, or conveyance for
51other than a lawful purpose commits a misdemeanor of the first
52degree, punishable as provided in s. 775.082 or s. 775.083.
53     (b)  A person 18 years of age or older who, having been
54previously convicted of a violation of paragraph (a),
55intentionally lures or entices, or attempts to lure or entice, a
56child under the age of 12 into a structure, dwelling, or
57conveyance for other than a lawful purpose commits a felony of
58the third degree, punishable as provided in s. 775.082, s.
59775.083, or s. 775.084.
60     (c)  A person over the age of 18 years of age or older who,
61having been previously convicted of a violation of chapter 794
62or s. 800.04, or a violation of a similar law of another
63jurisdiction, intentionally lures or entices, or attempts to
64lure or entice, a child under the age of 12 into a structure,
65dwelling, or conveyance for other than a lawful purpose commits
66a felony of the third degree, punishable as provided in s.
67775.082, s. 775.083, or s. 775.084.
68     (b)  For purposes of this section, the luring or enticing,
69or attempted luring or enticing, of a child under the age of 12
70into a structure, dwelling, or conveyance without the consent of
71the child's parent or legal guardian shall be prima facie
72evidence of other than a lawful purpose.
73     Section 2.  Paragraph (a) of subsection (4) and paragraph
74(b) of subsection (10) of section 775.21, Florida Statutes, are
75amended to read:
76     775.21  The Florida Sexual Predators Act.--
77     (4)  SEXUAL PREDATOR CRITERIA.--
78     (a)  For a current offense committed on or after October 1,
791993, upon conviction, an offender shall be designated as a
80"sexual predator" under subsection (5), and subject to
81registration under subsection (6) and community and public
82notification under subsection (7) if:
83     1.  The felony is:
84     a.  A capital, life, or first-degree felony violation, or
85any attempt thereof, of s. 787.01 or s. 787.02, where the victim
86is a minor and the defendant is not the victim's parent, or of
87chapter 794, s. 800.04, or s. 847.0145, or a violation of a
88similar law of another jurisdiction; or
89     b.  Any felony violation, or any attempt thereof, of s.
90787.01, s. 787.02, or s. 787.025(2)(c) 787.025, where the victim
91is a minor and the defendant is not the victim's parent; chapter
92794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s.
93800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a
94violation of a similar law of another jurisdiction, and the
95offender has previously been convicted of or found to have
96committed, or has pled nolo contendere or guilty to, regardless
97of adjudication, any violation of s. 787.01, s. 787.02, or s.
98787.025(2)(c) s. 787.025, where the victim is a minor and the
99defendant is not the victim's parent; s. 794.011(2), (3), (4),
100(5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s.
101827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a
102violation of a similar law of another jurisdiction;
103     2.  The offender has not received a pardon for any felony
104or similar law of another jurisdiction that is necessary for the
105operation of this paragraph; and
106     3.  A conviction of a felony or similar law of another
107jurisdiction necessary to the operation of this paragraph has
108not been set aside in any postconviction proceeding.
109     (10)  PENALTIES.--
110     (b)  A sexual predator who has been convicted of or found
111to have committed, or has pled nolo contendere or guilty to,
112regardless of adjudication, any violation, or attempted
113violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c) s.
114787.025, where the victim is a minor and the defendant is not
115the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.
116794.05; s. 796.03; s. 800.04; s. 827.071; s. 847.0133; or s.
117847.0145, or a violation of a similar law of another
118jurisdiction, when the victim of the offense was a minor, and
119who works, whether for compensation or as a volunteer, at any
120business, school, day care center, park, playground, or other
121place where children regularly congregate, commits a felony of
122the third degree, punishable as provided in s. 775.082, s.
123775.083, or s. 775.084.
124     Section 3.  Subsection (2) of section 794.0115, Florida
125Statutes, is amended to read:
126     794.0115  Dangerous sexual felony offender; mandatory
127sentencing.--
128     (2)  Any person who is convicted of a violation of s.
129787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or (8);
130s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3),
131or (4); or s. 847.0145; or of any similar offense under a former
132designation, which offense the person committed when he or she
133was 18 years of age or older, and the person:
134     (a)  Caused serious personal injury to the victim as a
135result of the commission of the offense;
136     (b)  Used or threatened to use a deadly weapon during the
137commission of the offense;
138     (c)  Victimized more than one person during the course of
139the criminal episode applicable to the offense;
140     (d)  Committed the offense while under the jurisdiction of
141a court for a felony offense under the laws of this state, for
142an offense that is a felony in another jurisdiction, or for an
143offense that would be a felony if that offense were committed in
144this state; or
145     (e)  Has previously been convicted of a violation of s.
146787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or (8);
147s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3),
148or (4); s. 847.0145; of any offense under a former statutory
149designation which is similar in elements to an offense described
150in this paragraph; or of any offense that is a felony in another
151jurisdiction, or would be a felony if that offense were
152committed in this state, and which is similar in elements to an
153offense described in this paragraph,
154
155is a dangerous sexual felony offender, who must be sentenced to
156a mandatory minimum term of 25 years imprisonment up to, and
157including, life imprisonment.
158     Section 4.  Paragraph (a) of subsection (1) of section
159943.0435, Florida Statutes, is amended to read:
160     943.0435  Sexual offenders required to register with the
161department; penalty.--
162     (1)  As used in this section, the term:
163     (a)  "Sexual offender" means a person who:
164     1.  Has been convicted of committing, or attempting,
165soliciting, or conspiring to commit, any of the criminal
166offenses proscribed in the following statutes in this state or
167similar offenses in another jurisdiction: s. 787.01, s. 787.02,
168or s. 787.025(2)(c) s. 787.025, where the victim is a minor and
169the defendant is not the victim's parent; chapter 794, excluding
170ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025;
171s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
172s. 847.0145; or any similar offense committed in this state
173which has been redesignated from a former statute number to one
174of those listed in this subparagraph; and
175     2.  Has been released on or after October 1, 1997, from the
176sanction imposed for any conviction of an offense described in
177subparagraph 1. For purposes of subparagraph 1., a sanction
178imposed in this state or in any other jurisdiction includes, but
179is not limited to, a fine, probation, community control, parole,
180conditional release, control release, or incarceration in a
181state prison, federal prison, private correctional facility, or
182local detention facility; or
183     3.  Establishes or maintains a residence in this state and
184who has not been designated as a sexual predator by a court of
185this state but who has been designated as a sexual predator, as
186a sexually violent predator, or by another sexual offender
187designation in another state or jurisdiction and was, as a
188result of such designation, subjected to registration or
189community or public notification, or both, or would be if the
190person were a resident of that state or jurisdiction; or
191     4.  Establishes or maintains a residence in this state who
192is in the custody or control of, or under the supervision of,
193any other state or jurisdiction as a result of a conviction for
194committing, or attempting, soliciting, or conspiring to commit,
195any of the criminal offenses proscribed in the following
196statutes or similar offense in another jurisdiction: s. 787.01,
197s. 787.02, or s. 787.025(2)(c) s. 787.025, where the victim is a
198minor and the defendant is not the victim's parent; chapter 794,
199excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
200825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
201847.0138; s. 847.0145; or any similar offense committed in this
202state which has been redesignated from a former statute number
203to one of those listed in this subparagraph.
204     Section 5.  Paragraph (b) of subsection (1) of section
205944.606, Florida Statutes, is amended to read:
206     944.606  Sexual offenders; notification upon release.--
207     (1)  As used in this section:
208     (b)  "Sexual offender" means a person who has been
209convicted of committing, or attempting, soliciting, or
210conspiring to commit, any of the criminal offenses proscribed in
211the following statutes in this state or similar offenses in
212another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025(2)(c)
213s. 787.025, where the victim is a minor and the defendant is not
214the victim's parent; chapter 794, excluding ss. 794.011(10) and
215794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
216847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
217any similar offense committed in this state which has been
218redesignated from a former statute number to one of those listed
219in this subsection, when the department has received verified
220information regarding such conviction; an offender's
221computerized criminal history record is not, in and of itself,
222verified information.
223     Section 6.  Paragraph (a) of subsection (1) of section
224944.607, Florida Statutes, is amended to read:
225     944.607  Notification to Department of Law Enforcement of
226information on sexual offenders.--
227     (1)  As used in this section, the term:
228     (a)  "Sexual offender" means a person who is in the custody
229or control of, or under the supervision of, the department or is
230in the custody of a private correctional facility:
231     1.  On or after October 1, 1997, as a result of a
232conviction for committing, or attempting, soliciting, or
233conspiring to commit, any of the criminal offenses proscribed in
234the following statutes in this state or similar offenses in
235another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025(2)(c)
236s. 787.025, where the victim is a minor and the defendant is not
237the victim's parent; chapter 794, excluding ss. 794.011(10) and
238794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
239847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
240any similar offense committed in this state which has been
241redesignated from a former statute number to one of those listed
242in this paragraph; or
243     2.  Who establishes or maintains a residence in this state
244and who has not been designated as a sexual predator by a court
245of this state but who has been designated as a sexual predator,
246as a sexually violent predator, or by another sexual offender
247designation in another state or jurisdiction and was, as a
248result of such designation, subjected to registration or
249community or public notification, or both, or would be if the
250person were a resident of that state or jurisdiction.
251     Section 7.  Subsection (1) of section 948.32, Florida
252Statutes, is amended to read:
253     948.32  Requirements of law enforcement agency upon arrest
254of persons for certain sex offenses.--
255     (1)  When any state or local law enforcement agency
256investigates or arrests a person for committing, or attempting,
257soliciting, or conspiring to commit, a violation of s.
258787.025(2)(c) s. 787.025, chapter 794, s. 796.03, s. 800.04, s.
259827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law
260enforcement agency shall contact the Department of Corrections
261to verify whether the person under investigation or under arrest
262is on probation, community control, parole, conditional release,
263or control release.
264     Section 8.  Subsection (8) of section 901.15, Florida
265Statutes, is amended to read:
266     901.15  When arrest by officer without warrant is
267lawful.--A law enforcement officer may arrest a person without a
268warrant when:
269     (8)  There is probable cause to believe that the person has
270committed child abuse, as defined in s. 827.03, or has violated
271s. 787.025, relating to luring or enticing a child for unlawful
272purposes. The decision to arrest does shall not require consent
273of the victim or consideration of the relationship of the
274parties. It is the public policy of this state to protect abused
275children by strongly encouraging the arrest and prosecution of
276persons who commit child abuse. A law enforcement officer who
277acts in good faith and exercises due care in making an arrest
278under this subsection is immune from civil liability that
279otherwise might result by reason of his or her action.
280     Section 9.  This act shall take effect July 1, 2006.


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