| 1 | A bill to be entitled |
| 2 | An act relating to lewd or lascivious molestation; |
| 3 | amending s. 775.082, F.S.; requiring life sentences for |
| 4 | certain second or subsequent offenders; reenacting s. |
| 5 | 800.04(5)(b), F.S., relating to lewd or lascivious |
| 6 | offenses committed against persons less than 12 years of |
| 7 | age, to incorporate the amendments made to s. 775.082, |
| 8 | F.S., in a reference thereto; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraph (a) of subsection (3) of section |
| 13 | 775.082, Florida Statutes, is amended to read: |
| 14 | 775.082 Penalties; applicability of sentencing structures; |
| 15 | mandatory minimum sentences for certain reoffenders previously |
| 16 | released from prison.-- |
| 17 | (3) A person who has been convicted of any other |
| 18 | designated felony may be punished as follows: |
| 19 | (a)1. For a life felony committed prior to October 1, |
| 20 | 1983, by a term of imprisonment for life or for a term of years |
| 21 | not less than 30. |
| 22 | 2. For a life felony committed on or after October 1, |
| 23 | 1983, by a term of imprisonment for life or by a term of |
| 24 | imprisonment not exceeding 40 years. |
| 25 | 3. Except as provided in subparagraph 4., for a life |
| 26 | felony committed on or after July 1, 1995, by a term of |
| 27 | imprisonment for life or by imprisonment for a term of years not |
| 28 | exceeding life imprisonment. |
| 29 | 4.a. Except as provided in sub-subparagraph b., for a life |
| 30 | felony committed on or after September 1, 2005, which is a |
| 31 | violation of s. 800.04(5)(b), by: |
| 32 | (I)a. A term of imprisonment for life; or |
| 33 | (II)b. A split sentence that is a term of not less than 25 |
| 34 | years' imprisonment and not exceeding life imprisonment, |
| 35 | followed by probation or community control for the remainder of |
| 36 | the person's natural life, as provided in s. 948.012(4). |
| 37 | b. For a life felony committed on or after July 1, 2007, |
| 38 | which is a person's second or subsequent violation of s. |
| 39 | 800.04(5)(b), by a term of imprisonment for life. |
| 40 | Section 2. For the purpose of incorporating the amendment |
| 41 | made by this act to section 775.082, Florida Statutes, in a |
| 42 | reference thereto, paragraph (b) of subsection (5) of section |
| 43 | 800.04, Florida Statutes, is reenacted to read: |
| 44 | 800.04 Lewd or lascivious offenses committed upon or in |
| 45 | the presence of persons less than 16 years of age.-- |
| 46 | (5) LEWD OR LASCIVIOUS MOLESTATION.-- |
| 47 | (b) An offender 18 years of age or older who commits lewd |
| 48 | or lascivious molestation against a victim less than 12 years of |
| 49 | age commits a life felony, punishable as provided in s. |
| 50 | 775.082(3)(a)4. |
| 51 | Section 3. This act shall take effect July 1, 2007. |