1 | A bill to be entitled |
2 | An act relating to sexual offenses involving minors; |
3 | amending s. 787.025, F.S.; increasing the age limit of the |
4 | victim with regard to the criminal offense of luring or |
5 | enticing a child; amending s. 800.04, F.S.; increasing the |
6 | upper age limit of the victim from 16 years of age to 18 |
7 | years of age with regard to certain lewd and lascivious |
8 | offenses; amending s. 827.04, F.S.; conforming a |
9 | provision; reenacting ss. 775.084(1)(d), 775.21(4)(a) and |
10 | (10)(b), 794.0115(2), 943.0435(1)(a), 944.606(1)(b), |
11 | 944.607(1)(a), 948.06(8)(c), and 948.32(1), F.S., relating |
12 | to violent career criminals, habitual felony offenders and |
13 | habitual violent felony offenders, and three-time violent |
14 | felony offenders, sexual predator criteria, mandatory |
15 | sentencing for dangerous sexual felony offenders, the |
16 | registration requirement for sexual offenders, |
17 | notification upon release of sexual offenders, |
18 | notification of information on sexual offenders to the |
19 | Department of Law Enforcement, additional requirements |
20 | regarding a probationer or offender in community control, |
21 | and requirements regarding the arrest of persons for |
22 | certain sexual offenses, respectively, to incorporate the |
23 | amendments to ss. 787.025 and 800.04, F.S., in references |
24 | thereto; providing penalties; providing an effective date. |
25 |
|
26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
|
28 | Section 1. Subsections (2) and (3) of section 787.025, |
29 | Florida Statutes, are amended to read: |
30 | 787.025 Luring or enticing a child.-- |
31 | (2)(a) A person 18 years of age or older who intentionally |
32 | lures or entices, or attempts to lure or entice, a child under |
33 | the age of 18 12 into a structure, dwelling, or conveyance for |
34 | other than a lawful purpose commits a misdemeanor of the first |
35 | degree, punishable as provided in s. 775.082 or s. 775.083. |
36 | (b) A person 18 years of age or older who, having been |
37 | previously convicted of a violation of paragraph (a), |
38 | intentionally lures or entices, or attempts to lure or entice, a |
39 | child under the age of 18 12 into a structure, dwelling, or |
40 | conveyance for other than a lawful purpose commits a felony of |
41 | the third degree, punishable as provided in s. 775.082, s. |
42 | 775.083, or s. 775.084. |
43 | (c) A person 18 years of age or older who, having been |
44 | previously convicted of a violation of chapter 794 or s. 800.04, |
45 | or a violation of a similar law of another jurisdiction, |
46 | intentionally lures or entices, or attempts to lure or entice, a |
47 | child under the age of 18 12 into a structure, dwelling, or |
48 | conveyance for other than a lawful purpose commits a felony of |
49 | the third degree, punishable as provided in s. 775.082, s. |
50 | 775.083, or s. 775.084. |
51 | (3) It is an affirmative defense to a prosecution under |
52 | this section that: |
53 | (a) The person reasonably believed that his or her action |
54 | was necessary to prevent the child from being seriously injured. |
55 | (b) The person lured or enticed, or attempted to lure or |
56 | entice, the child under the age of 18 12 into a structure, |
57 | dwelling, or conveyance for a lawful purpose. |
58 | (c) The person's actions were reasonable under the |
59 | circumstances and the defendant did not have any intent to harm |
60 | the health, safety, or welfare of the child. |
61 | Section 2. Subsection (4), paragraphs (a), (c), and (d) of |
62 | subsection (5), paragraph (a) of subsection (6), and paragraphs |
63 | (a) and (b) of subsection (7) of section 800.04, Florida |
64 | Statutes, are amended to read: |
65 | 800.04 Lewd or lascivious offenses committed upon or in |
66 | the presence of persons less than 18 16 years of age.-- |
67 | (4) LEWD OR LASCIVIOUS BATTERY.--A person who: |
68 | (a) Engages in sexual activity with a person 12 years of |
69 | age or older but less than 18 16 years of age; or |
70 | (b) Encourages, forces, or entices any person less than 18 |
71 | 16 years of age to engage in sadomasochistic abuse, sexual |
72 | bestiality, prostitution, or any other act involving sexual |
73 | activity |
74 |
|
75 | commits lewd or lascivious battery, a felony of the second |
76 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
77 | 775.084. |
78 | (5) LEWD OR LASCIVIOUS MOLESTATION.-- |
79 | (a) A person who intentionally touches in a lewd or |
80 | lascivious manner the breasts, genitals, genital area, or |
81 | buttocks, or the clothing covering them, of a person less than |
82 | 18 16 years of age, or forces or entices a person under 18 16 |
83 | years of age to so touch the perpetrator, commits lewd or |
84 | lascivious molestation. |
85 | (c)1. An offender less than 18 years of age who commits |
86 | lewd or lascivious molestation against a victim less than 12 |
87 | years of age; or |
88 | 2. An offender 18 years of age or older who commits lewd |
89 | or lascivious molestation against a victim 12 years of age or |
90 | older but less than 18 16 years of age |
91 |
|
92 | commits a felony of the second degree, punishable as provided in |
93 | s. 775.082, s. 775.083, or s. 775.084. |
94 | (d) An offender less than 18 years of age who commits lewd |
95 | or lascivious molestation against a victim 12 years of age or |
96 | older but less than 18 16 years of age commits a felony of the |
97 | third degree, punishable as provided in s. 775.082, s. 775.083, |
98 | or s. 775.084. |
99 | (6) LEWD OR LASCIVIOUS CONDUCT.-- |
100 | (a) A person who: |
101 | 1. Intentionally touches a person under 18 16 years of age |
102 | in a lewd or lascivious manner; or |
103 | 2. Solicits a person under 18 16 years of age to commit a |
104 | lewd or lascivious act |
105 |
|
106 | commits lewd or lascivious conduct. |
107 | (7) LEWD OR LASCIVIOUS EXHIBITION.-- |
108 | (a) A person who: |
109 | 1. Intentionally masturbates; |
110 | 2. Intentionally exposes the genitals in a lewd or |
111 | lascivious manner; or |
112 | 3. Intentionally commits any other sexual act that does |
113 | not involve actual physical or sexual contact with the victim, |
114 | including, but not limited to, sadomasochistic abuse, sexual |
115 | bestiality, or the simulation of any act involving sexual |
116 | activity |
117 |
|
118 | in the presence of a victim who is less than 18 16 years of age, |
119 | commits lewd or lascivious exhibition. |
120 | (b) A person who: |
121 | 1. Intentionally masturbates; |
122 | 2. Intentionally exposes the genitals in a lewd or |
123 | lascivious manner; or |
124 | 3. Intentionally commits any other sexual act that does |
125 | not involve actual physical or sexual contact with the victim, |
126 | including, but not limited to, sadomasochistic abuse, sexual |
127 | bestiality, or the simulation of any act involving sexual |
128 | activity |
129 |
|
130 | live over a computer online service, Internet service, or local |
131 | bulletin board service and who knows or should know or has |
132 | reason to believe that the transmission is viewed on a computer |
133 | or television monitor by a victim in this state who is less than |
134 | 18 16 years of age, commits lewd or lascivious exhibition. The |
135 | fact that an undercover operative or law enforcement officer was |
136 | involved in the detection and investigation of an offense under |
137 | this paragraph shall not constitute a defense to a prosecution |
138 | under this paragraph. |
139 | Section 3. Subsection (3) of section 827.04, Florida |
140 | Statutes, is amended to read: |
141 | 827.04 Contributing to the delinquency or dependency of a |
142 | child; penalty.-- |
143 | (3) A person 21 years of age or older who impregnates a |
144 | child under 16 years of age commits an act of child abuse which |
145 | constitutes a felony of the third degree, punishable as provided |
146 | in s. 775.082, s. 775.083, or s. 775.084. A person who |
147 | impregnates a child in violation of this subsection commits an |
148 | offense under this subsection regardless of whether the person |
149 | is found to have committed, or has been charged with or |
150 | prosecuted for, any other offense committed during the course of |
151 | the same criminal transaction or episode, including, but not |
152 | limited to, an offense proscribed under s. 800.04, relating to |
153 | lewd, lascivious, or indecent assault or act upon any person |
154 | under 18 16 years of age. Neither the victim's lack of chastity |
155 | nor the victim's consent is a defense to the crime proscribed |
156 | under this subsection. |
157 | Section 4. For the purpose of incorporating the amendment |
158 | made by this act to section 800.04, Florida Statutes, in a |
159 | reference thereto, paragraph (d) of subsection (1) of section |
160 | 775.084, Florida Statutes, is reenacted to read: |
161 | 775.084 Violent career criminals; habitual felony |
162 | offenders and habitual violent felony offenders; three-time |
163 | violent felony offenders; definitions; procedure; enhanced |
164 | penalties or mandatory minimum prison terms.-- |
165 | (1) As used in this act: |
166 | (d) "Violent career criminal" means a defendant for whom |
167 | the court must impose imprisonment pursuant to paragraph (4)(d), |
168 | if it finds that: |
169 | 1. The defendant has previously been convicted as an adult |
170 | three or more times for an offense in this state or other |
171 | qualified offense that is: |
172 | a. Any forcible felony, as described in s. 776.08; |
173 | b. Aggravated stalking, as described in s. 784.048(3) and |
174 | (4); |
175 | c. Aggravated child abuse, as described in s. 827.03(2); |
176 | d. Aggravated abuse of an elderly person or disabled |
177 | adult, as described in s. 825.102(2); |
178 | e. Lewd or lascivious battery, lewd or lascivious |
179 | molestation, lewd or lascivious conduct, or lewd or lascivious |
180 | exhibition, as described in s. 800.04; |
181 | f. Escape, as described in s. 944.40; or |
182 | g. A felony violation of chapter 790 involving the use or |
183 | possession of a firearm. |
184 | 2. The defendant has been incarcerated in a state prison |
185 | or a federal prison. |
186 | 3. The primary felony offense for which the defendant is |
187 | to be sentenced is a felony enumerated in subparagraph 1. and |
188 | was committed on or after October 1, 1995, and: |
189 | a. While the defendant was serving a prison sentence or |
190 | other sentence, or court-ordered or lawfully imposed supervision |
191 | that is imposed as a result of a prior conviction for an |
192 | enumerated felony; or |
193 | b. Within 5 years after the conviction of the last prior |
194 | enumerated felony, or within 5 years after the defendant's |
195 | release from a prison sentence, probation, community control, |
196 | control release, conditional release, parole, or court-ordered |
197 | or lawfully imposed supervision or other sentence that is |
198 | imposed as a result of a prior conviction for an enumerated |
199 | felony, whichever is later. |
200 | 4. The defendant has not received a pardon for any felony |
201 | or other qualified offense that is necessary for the operation |
202 | of this paragraph. |
203 | 5. A conviction of a felony or other qualified offense |
204 | necessary to the operation of this paragraph has not been set |
205 | aside in any postconviction proceeding. |
206 | Section 5. For the purpose of incorporating the amendments |
207 | made by this act to sections 787.025 and 800.04, Florida |
208 | Statutes, in references thereto, paragraph (a) of subsection (4) |
209 | and paragraph (b) of subsection (10) of section 775.21, Florida |
210 | Statutes, are reenacted to read: |
211 | 775.21 The Florida Sexual Predators Act.-- |
212 | (4) SEXUAL PREDATOR CRITERIA.-- |
213 | (a) For a current offense committed on or after October 1, |
214 | 1993, upon conviction, an offender shall be designated as a |
215 | "sexual predator" under subsection (5), and subject to |
216 | registration under subsection (6) and community and public |
217 | notification under subsection (7) if: |
218 | 1. The felony is: |
219 | a. A capital, life, or first-degree felony violation, or |
220 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
221 | is a minor and the defendant is not the victim's parent or |
222 | guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a |
223 | violation of a similar law of another jurisdiction; or |
224 | b. Any felony violation, or any attempt thereof, of s. |
225 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
226 | minor and the defendant is not the victim's parent or guardian; |
227 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
228 | 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; |
229 | or s. 985.701(1); or a violation of a similar law of another |
230 | jurisdiction, and the offender has previously been convicted of |
231 | or found to have committed, or has pled nolo contendere or |
232 | guilty to, regardless of adjudication, any violation of s. |
233 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
234 | minor and the defendant is not the victim's parent or guardian; |
235 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
236 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
237 | 847.0135, excluding s. 847.0135(4); s. 847.0145; or s. |
238 | 985.701(1); or a violation of a similar law of another |
239 | jurisdiction; |
240 | 2. The offender has not received a pardon for any felony |
241 | or similar law of another jurisdiction that is necessary for the |
242 | operation of this paragraph; and |
243 | 3. A conviction of a felony or similar law of another |
244 | jurisdiction necessary to the operation of this paragraph has |
245 | not been set aside in any postconviction proceeding. |
246 | (10) PENALTIES.-- |
247 | (b) A sexual predator who has been convicted of or found |
248 | to have committed, or has pled nolo contendere or guilty to, |
249 | regardless of adjudication, any violation, or attempted |
250 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
251 | the victim is a minor and the defendant is not the victim's |
252 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
253 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s. |
254 | 847.0133; s. 847.0145; or s. 985.701(1); or a violation of a |
255 | similar law of another jurisdiction when the victim of the |
256 | offense was a minor, and who works, whether for compensation or |
257 | as a volunteer, at any business, school, day care center, park, |
258 | playground, or other place where children regularly congregate, |
259 | commits a felony of the third degree, punishable as provided in |
260 | s. 775.082, s. 775.083, or s. 775.084. |
261 | Section 6. For the purpose of incorporating the amendments |
262 | made by this act to sections 787.025 and 800.04, Florida |
263 | Statutes, in references thereto, subsection (2) of section |
264 | 794.0115, Florida Statutes, is reenacted to read: |
265 | 794.0115 Dangerous sexual felony offender; mandatory |
266 | sentencing.-- |
267 | (2) Any person who is convicted of a violation of s. |
268 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. |
269 | 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or |
270 | (4); or s. 847.0145; or of any similar offense under a former |
271 | designation, which offense the person committed when he or she |
272 | was 18 years of age or older, and the person: |
273 | (a) Caused serious personal injury to the victim as a |
274 | result of the commission of the offense; |
275 | (b) Used or threatened to use a deadly weapon during the |
276 | commission of the offense; |
277 | (c) Victimized more than one person during the course of |
278 | the criminal episode applicable to the offense; |
279 | (d) Committed the offense while under the jurisdiction of |
280 | a court for a felony offense under the laws of this state, for |
281 | an offense that is a felony in another jurisdiction, or for an |
282 | offense that would be a felony if that offense were committed in |
283 | this state; or |
284 | (e) Has previously been convicted of a violation of s. |
285 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. |
286 | 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or |
287 | (4); s. 847.0145; of any offense under a former statutory |
288 | designation which is similar in elements to an offense described |
289 | in this paragraph; or of any offense that is a felony in another |
290 | jurisdiction, or would be a felony if that offense were |
291 | committed in this state, and which is similar in elements to an |
292 | offense described in this paragraph, |
293 |
|
294 | is a dangerous sexual felony offender, who must be sentenced to |
295 | a mandatory minimum term of 25 years imprisonment up to, and |
296 | including, life imprisonment. |
297 | Section 7. For the purpose of incorporating the amendments |
298 | made by this act to sections 787.025 and 800.04, Florida |
299 | Statutes, in references thereto, paragraph (a) of subsection (1) |
300 | of section 943.0435, Florida Statutes, is reenacted to read: |
301 | 943.0435 Sexual offenders required to register with the |
302 | department; penalty.-- |
303 | (1) As used in this section, the term: |
304 | (a)1. "Sexual offender" means a person who meets the |
305 | criteria in sub-subparagraph a., sub-subparagraph b., sub- |
306 | subparagraph c., or sub-subparagraph d., as follows: |
307 | a.(I) Has been convicted of committing, or attempting, |
308 | soliciting, or conspiring to commit, any of the criminal |
309 | offenses proscribed in the following statutes in this state or |
310 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
311 | or s. 787.025(2)(c), where the victim is a minor and the |
312 | defendant is not the victim's parent or guardian; s. 794.011, |
313 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. |
314 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, |
315 | excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; |
316 | or s. 985.701(1); or any similar offense committed in this state |
317 | which has been redesignated from a former statute number to one |
318 | of those listed in this sub-sub-subparagraph; and |
319 | (II) Has been released on or after October 1, 1997, from |
320 | the sanction imposed for any conviction of an offense described |
321 | in sub-sub-subparagraph (I). For purposes of sub-sub- |
322 | subparagraph (I), a sanction imposed in this state or in any |
323 | other jurisdiction includes, but is not limited to, a fine, |
324 | probation, community control, parole, conditional release, |
325 | control release, or incarceration in a state prison, federal |
326 | prison, private correctional facility, or local detention |
327 | facility; |
328 | b. Establishes or maintains a residence in this state and |
329 | who has not been designated as a sexual predator by a court of |
330 | this state but who has been designated as a sexual predator, as |
331 | a sexually violent predator, or by another sexual offender |
332 | designation in another state or jurisdiction and was, as a |
333 | result of such designation, subjected to registration or |
334 | community or public notification, or both, or would be if the |
335 | person were a resident of that state or jurisdiction, without |
336 | regard to whether the person otherwise meets the criteria for |
337 | registration as a sexual offender; |
338 | c. Establishes or maintains a residence in this state who |
339 | is in the custody or control of, or under the supervision of, |
340 | any other state or jurisdiction as a result of a conviction for |
341 | committing, or attempting, soliciting, or conspiring to commit, |
342 | any of the criminal offenses proscribed in the following |
343 | statutes or similar offense in another jurisdiction: s. 787.01, |
344 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
345 | the defendant is not the victim's parent or guardian; s. |
346 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
347 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
348 | 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. |
349 | 847.0145; or s. 985.701(1); or any similar offense committed in |
350 | this state which has been redesignated from a former statute |
351 | number to one of those listed in this sub-subparagraph; or |
352 | d. On or after July 1, 2007, has been adjudicated |
353 | delinquent for committing, or attempting, soliciting, or |
354 | conspiring to commit, any of the criminal offenses proscribed in |
355 | the following statutes in this state or similar offenses in |
356 | another jurisdiction when the juvenile was 14 years of age or |
357 | older at the time of the offense: |
358 | (I) Section 794.011, excluding s. 794.011(10); |
359 | (II) Section 800.04(4)(b) where the victim is under 12 |
360 | years of age or where the court finds sexual activity by the use |
361 | of force or coercion; |
362 | (III) Section 800.04(5)(c)1. where the court finds |
363 | molestation involving unclothed genitals; or |
364 | (IV) Section 800.04(5)(d) where the court finds the use of |
365 | force or coercion and unclothed genitals. |
366 | 2. For all qualifying offenses listed in sub-subparagraph |
367 | (1)(a)1.d., the court shall make a written finding of the age of |
368 | the offender at the time of the offense. |
369 |
|
370 | For each violation of a qualifying offense listed in this |
371 | subsection, the court shall make a written finding of the age of |
372 | the victim at the time of the offense. For a violation of s. |
373 | 800.04(4), the court shall additionally make a written finding |
374 | indicating that the offense did or did not involve sexual |
375 | activity and indicating that the offense did or did not involve |
376 | force or coercion. For a violation of s. 800.04(5), the court |
377 | shall additionally make a written finding that the offense did |
378 | or did not involve unclothed genitals or genital area and that |
379 | the offense did or did not involve the use of force or coercion. |
380 | Section 8. For the purpose of incorporating the amendments |
381 | made by this act to sections 787.025 and 800.04, Florida |
382 | Statutes, in references thereto, paragraph (b) of subsection (1) |
383 | of section 944.606, Florida Statutes, is reenacted to read: |
384 | 944.606 Sexual offenders; notification upon release.-- |
385 | (1) As used in this section: |
386 | (b) "Sexual offender" means a person who has been |
387 | convicted of committing, or attempting, soliciting, or |
388 | conspiring to commit, any of the criminal offenses proscribed in |
389 | the following statutes in this state or similar offenses in |
390 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
391 | where the victim is a minor and the defendant is not the |
392 | victim's parent or guardian; s. 794.011, excluding s. |
393 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
394 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
395 | 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
396 | 985.701(1); or any similar offense committed in this state which |
397 | has been redesignated from a former statute number to one of |
398 | those listed in this subsection, when the department has |
399 | received verified information regarding such conviction; an |
400 | offender's computerized criminal history record is not, in and |
401 | of itself, verified information. |
402 | Section 9. For the purpose of incorporating the amendments |
403 | made by this act to sections 787.025 and 800.04, Florida |
404 | Statutes, in references thereto, paragraph (a) of subsection (1) |
405 | of section 944.607, Florida Statutes, is reenacted to read: |
406 | 944.607 Notification to Department of Law Enforcement of |
407 | information on sexual offenders.-- |
408 | (1) As used in this section, the term: |
409 | (a) "Sexual offender" means a person who is in the custody |
410 | or control of, or under the supervision of, the department or is |
411 | in the custody of a private correctional facility: |
412 | 1. On or after October 1, 1997, as a result of a |
413 | conviction for committing, or attempting, soliciting, or |
414 | conspiring to commit, any of the criminal offenses proscribed in |
415 | the following statutes in this state or similar offenses in |
416 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
417 | where the victim is a minor and the defendant is not the |
418 | victim's parent or guardian; s. 794.011, excluding s. |
419 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
420 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
421 | 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
422 | 985.701(1); or any similar offense committed in this state which |
423 | has been redesignated from a former statute number to one of |
424 | those listed in this paragraph; or |
425 | 2. Who establishes or maintains a residence in this state |
426 | and who has not been designated as a sexual predator by a court |
427 | of this state but who has been designated as a sexual predator, |
428 | as a sexually violent predator, or by another sexual offender |
429 | designation in another state or jurisdiction and was, as a |
430 | result of such designation, subjected to registration or |
431 | community or public notification, or both, or would be if the |
432 | person were a resident of that state or jurisdiction, without |
433 | regard as to whether the person otherwise meets the criteria for |
434 | registration as a sexual offender. |
435 | Section 10. For the purpose of incorporating the |
436 | amendments made by this act to sections 787.025 and 800.04, |
437 | Florida Statutes, in references thereto, paragraph (c) of |
438 | subsection (8) of section 948.06, Florida Statutes, is reenacted |
439 | to read: |
440 | 948.06 Violation of probation or community control; |
441 | revocation; modification; continuance; failure to pay |
442 | restitution or cost of supervision.-- |
443 | (8) |
444 | (c) For purposes of this section, the term "qualifying |
445 | offense" means any of the following: |
446 | 1. Kidnapping or attempted kidnapping under s. 787.01, |
447 | false imprisonment of a child under the age of 13 under s. |
448 | 787.02(3), or luring or enticing a child under s. 787.025(2)(b) |
449 | or (c). |
450 | 2. Murder or attempted murder under s. 782.04, attempted |
451 | felony murder under s. 782.051, or manslaughter under s. 782.07. |
452 | 3. Aggravated battery or attempted aggravated battery |
453 | under s. 784.045. |
454 | 4. Sexual battery or attempted sexual battery under s. |
455 | 794.011(2), (3), (4), or (8)(b) or (c). |
456 | 5. Lewd or lascivious battery or attempted lewd or |
457 | lascivious battery under s. 800.04(4), lewd or lascivious |
458 | molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious |
459 | conduct under s. 800.04(6)(b), or lewd or lascivious exhibition |
460 | under s. 800.04(7)(c). |
461 | 6. Robbery or attempted robbery under s. 812.13, |
462 | carjacking or attempted carjacking under s. 812.133, or home |
463 | invasion robbery or attempted home invasion robbery under s. |
464 | 812.135. |
465 | 7. Lewd or lascivious offense upon or in the presence of |
466 | an elderly or disabled person or attempted lewd or lascivious |
467 | offense upon or in the presence of an elderly or disabled person |
468 | under s. 825.1025. |
469 | 8. Sexual performance by a child or attempted sexual |
470 | performance by a child under s. 827.071. |
471 | 9. Computer pornography under s. 847.0135(2) or (3), |
472 | transmission of child pornography under s. 847.0137, or selling |
473 | or buying of minors under s. 847.0145. |
474 | 10. Poisoning food or water under s. 859.01. |
475 | 11. Abuse of a dead human body under s. 872.06. |
476 | 12. Any burglary offense or attempted burglary offense |
477 | that is either a first degree felony or second degree felony |
478 | under s. 810.02(2) or (3). |
479 | 13. Arson or attempted arson under s. 806.01(1). |
480 | 14. Aggravated assault under s. 784.021. |
481 | 15. Aggravated stalking under s. 784.048(3), (4), (5), or |
482 | (7). |
483 | 16. Aircraft piracy under s. 860.16. |
484 | 17. Unlawful throwing, placing, or discharging of a |
485 | destructive device or bomb under s. 790.161(2), (3), or (4). |
486 | 18. Treason under s. 876.32. |
487 | 19. Any offense committed in another jurisdiction which |
488 | would be an offense listed in this paragraph if that offense had |
489 | been committed in this state. |
490 | Section 11. For the purpose of incorporating the |
491 | amendments made by this act to sections 787.025 and 800.04, |
492 | Florida Statutes, in references thereto, subsection (1) of |
493 | section 948.32, Florida Statutes, is reenacted to read: |
494 | 948.32 Requirements of law enforcement agency upon arrest |
495 | of persons for certain sex offenses.-- |
496 | (1) When any state or local law enforcement agency |
497 | investigates or arrests a person for committing, or attempting, |
498 | soliciting, or conspiring to commit, a violation of s. |
499 | 787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s. |
500 | 847.0133, s. 847.0135, or s. 847.0145, the law enforcement |
501 | agency shall contact the Department of Corrections to verify |
502 | whether the person under investigation or under arrest is on |
503 | probation, community control, parole, conditional release, or |
504 | control release. |
505 | Section 12. This act shall take effect July 1, 2008. |