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The Committee on Criminal Justice (Dockery) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (3) of section 92.56, Florida

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Statutes, is amended to read:

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     92.56  Judicial proceedings and court records involving

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sexual offenses.--

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     (3)  The state may use a pseudonym instead of the victim's

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name to designate the victim of a crime described in chapter 794

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or chapter 800, or of child abuse, aggravated child abuse, or

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sexual performance by a child as described in chapter 827, or

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any crime involving the production, possession, or promotion of

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child pornography as described in chapter 847, in all court

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records and records of court proceedings, both civil and

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criminal.

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     Section 2.  Subsection (7) of section 800.04, Florida

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Statutes, is amended to read:

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     800.04  Lewd or lascivious offenses committed upon or in

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the presence of persons less than 16 years of age.--

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     (7)  LEWD OR LASCIVIOUS EXHIBITION.--

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     (a)  A person who:

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     1.  Intentionally masturbates;

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     2.  Intentionally exposes the genitals in a lewd or

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lascivious manner; or

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     3.  Intentionally commits any other sexual act that does

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not involve actual physical or sexual contact with the victim,

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including, but not limited to, sadomasochistic abuse, sexual

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bestiality, or the simulation of any act involving sexual

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activity

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in the presence of a victim who is less than 16 years of age,

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commits lewd or lascivious exhibition.

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     (b) A person who:

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     1. Intentionally masturbates;

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     2. Intentionally exposes the genitals in a lewd or

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lascivious manner; or

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     3. Intentionally commits any other sexual act that does

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not involve actual physical or sexual contact with the victim,

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including, but not limited to, sadomasochistic abuse, sexual

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bestiality, or the simulation of any act involving sexual

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activity

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live over a computer online service, Internet service, or local

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bulletin board service and who knows or should know or has

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reason to believe that the transmission is viewed on a computer

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or television monitor by a victim in this state who is less than

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16 years of age, commits lewd or lascivious exhibition. The fact

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that an undercover operative or law enforcement officer was

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involved in the detection and investigation of an offense under

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this paragraph shall not constitute a defense to a prosecution

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under this paragraph.

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     (b)(c) An offender 18 years of age or older who commits a

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lewd or lascivious exhibition commits a felony of the second

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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     (c)(d) An offender less than 18 years of age who commits a

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lewd or lascivious exhibition commits a felony of the third

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degree, punishable as provided in s. 775.082, s. 775.083, or s.

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775.084.

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     Section 3.  Subsections (5), (6), and (7) of section

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847.0135, Florida Statutes, are renumbered as subsections (6),

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(7), and (8), respectively, and a subsection (5) is added to

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that section, to read:

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     847.0135  Computer pornography; traveling to meet minor;

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penalties.--

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     (5)(a) A person who:

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     1. Intentionally masturbates;

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     2. Intentionally exposes the genitals in a lewd or

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lascivious manner; or

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     3. Intentionally commits any other sexual act that does not

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involve actual physical or sexual contact with the victim,

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including, but not limited to, sadomasochistic abuse, sexual

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bestiality, or the simulation of any act involving sexual

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activity

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live over a computer online service, Internet service, or local

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bulletin board service and who knows or should know or has

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reason to believe that the transmission is viewed on a computer

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or television monitor by a victim in this state who is less than

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16 years of age, commits lewd or lascivious exhibition in

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violation of this subsection. The fact that an undercover

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operative or law enforcement officer was involved in the

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detection and investigation of an offense under this subsection

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shall not constitute a defense to a prosecution under this

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subsection.

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     (b) An offender 18 years of age or older who commits a

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lewd or lascivious exhibition using a computer commits a felony

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of the second degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     (c) An offender less than 18 years of age who commits a

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lewd or lascivious exhibition using a computer commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084.

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     (d) A mother's breastfeeding of her baby does not under

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any circumstance constitute a violation of this subsection.

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     Section 4.  Section 847.002, Florida Statutes, is created

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to read:

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     847.002 Child pornography prosecutions.--

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     (1) Any law enforcement officer who, pursuant to a criminal

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investigation, recovers images of child pornography shall:

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(a) Provide such images and any information regarding the

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identity of a child depicted in such images to the National

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Center for Missing and Exploited Children, Child Victim

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Identification Program; and

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(b) Request the law enforcement contact information from

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the National Center for Missing and Exploited Children, Child

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Victim Identification Program for any images recovered that

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contain a known victim of child pornography, as defined in s.

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960.03.

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     (2) Any law enforcement officer submitting a case for

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prosecution that involves the production, promotion, or

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possession of child pornography shall submit to the designated

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prosecutor the law enforcement contact information provided by

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the National Center for Missing and Exploited Children, Child

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Victim Identification Program for any images involved in the

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case which contain the depiction of a known victim of child

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pornography as defined in s. 960.03.

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     (3) In every filed case involving a known victim of child

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pornography, as defined in s. 960.03, the prosecuting agency

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shall enter the following information into the Victims in Child

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Pornography Tracking Repeat Exploitation database maintained by

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the Office of the Attorney General:

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     (a) The case number and agency file number.

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     (b) The named defendant.

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     (c) The circuit court division and county.

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     (d) Current court dates and the status of the case.

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     (e) Contact information for the prosecutor assigned.

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     (f) Verification that the prosecutor is or is not in

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possession of a victim impact statement and will use the

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statement in sentencing.

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     Section 5.  Section 847.01357, Florida Statutes, is created

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to read:

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     847.01357 Exploited children's civil remedy.--

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     (1) Any person who, while under the age of 18, was a

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victim of a sexual abuse crime listed in chapter 794, chapter

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800, chapter 827, or chapter 847, wherein any portion of such

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abuse was used in the production of child pornography, and who

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suffers personal or psychological injury as a result of the

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production, promotion, or possession of such images, may bring

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an action in any appropriate state court against the producer,

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promoter, or possessor of such images, regardless of whether the

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victim is now an adult. In any action brought under this

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section, a prevailing plaintiff shall recover the actual damages

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such person sustained and the cost of the suit, including

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reasonable attorney's fees. Any such victim who is awarded

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damages under this section shall be deemed to have sustained

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damages of no less than $150,000.

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     (2) Notwithstanding any other provisions of law, any

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action commenced under this section must be filed within 3 years

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of the later of:

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     (a) The conclusion of a related criminal case;

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     (b) The notification to the victim by a member of law

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enforcement of the creation, possession, or promotion of

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pornographic images; or

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     (c) In the case of a victim under the age of 18, within 3

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years after the person reaches the age of 18.

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     (3) Any victim who has a bona fide claim under this

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section shall, upon request, be provided a pseudonym, pursuant

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to s. 92.56(3), which shall be issued and maintained by the

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Department of Legal Affairs for use in all legal pleadings. This

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identifier shall be fully recognized in all courts in this state

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as a valid legal identity.

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     (4) It is not a defense to a civil cause of action under

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this section that the respondent did not know the victim or

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commit the abuse depicted in any image of child pornography.

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     (5) To prevent the further exploitation of victims for

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monetary gain by any other person, at the victim's request and

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pursuant to agency approval, the Office of the Attorney General

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may pursue cases on behalf of any Florida victim under this

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section. All damages obtained in such cases shall go to the

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victim, and the Office of the Attorney General may seek

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reasonable attorney's fees and costs as authorized under this

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section.

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     Section 6.  Paragraph (d) of subsection (3) of section

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960.03, Florida Statutes, is created, subsections (10) through

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(13) of that section are renumbered as subsections (11) through

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(14), respectively, a new subsection (10) is added to that

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section, and present subsection (13) of that section is amended,

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to read:

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     960.03  Definitions; ss. 960.01-960.28.--As used in ss.

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960.01-960.28, unless the context otherwise requires, the term:

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     (3)  "Crime" means:

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     (d) Any violation of s. 827.071, s. 847.0135, s. 847.0137,

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or s. 847.0138, related to on-line sexual exploitation and child

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pornography.

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     (10) "Known victim of child pornography" means any person

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who, while under the age of 18, was depicted in any image of

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child pornography and who has been identified through a report

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generated by a member of law enforcement and provided to the

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National Center for Missing and Exploited Children's Child

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Victim Identification Program.

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     (14)(13) "Victim" means:

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     (a)  A person who suffers personal physical injury or death

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as a direct result of a crime;

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     (b) A person less than 18 16 years of age who was present

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at the scene of a crime, saw or heard the crime, and suffered a

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psychiatric or psychological injury because of the crime, but

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who was not physically injured; or

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     (c)  A person against whom a forcible felony was committed

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and who suffers a psychiatric or psychological injury as a

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direct result of that crime but who does not otherwise sustain a

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personal physical injury or death;.

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     Section 7.  Section 960.197, Florida Statutes, is created

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to read:

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     960.197 Assistance to victims of online sexual

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exploitation and child pornography.--

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     (1) Notwithstanding the criteria set forth in s. 960.13

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for crime victim compensation awards, the department may award

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compensation for counseling and other mental health services to

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treat psychological injury or trauma to:

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     (a) A child less than 18 years of age who suffers

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psychiatric or psychological injury as a direct result of online

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sexual exploitation under any provision of s. 827.071, s.

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847.0135, s. 847.0137, or s. 847.0138, and who does not

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otherwise sustain a personal injury or death; or

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     (b) Any person who, while under the age of 18, was

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depicted in any image or video, regardless of length, of child

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pornography as defined in s. 847.001 and who has been identified

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by law enforcement or the National Center for Missing and

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Exploited Children as a known victim of child pornography, who

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suffers psychiatric or psychological injury as a direct result

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of the crime, and who does not otherwise sustain a personal

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injury or death.

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     (2) Compensation under this section is not contingent upon

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pursuit of a criminal investigation or prosecution.

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     Section 8.  Paragraph (b) of subsection (2) of section

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90.404, Florida Statutes, is amended to read:

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     90.404  Character evidence; when admissible.--

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     (2)  OTHER CRIMES, WRONGS, OR ACTS.--

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     (b)1.  In a criminal case in which the defendant is charged

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with a crime involving child molestation, evidence of the

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defendant's commission of other crimes, wrongs, or acts of child

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molestation is admissible, and may be considered for its bearing

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on any matter to which it is relevant.

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     2.  For the purposes of this paragraph, the term "child

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molestation" means conduct proscribed by s. 794.011, or s.

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800.04, or s. 847.0135(5) when committed against a person 16

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years of age or younger.

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     Section 9.  Subsection (2) of section 92.565, Florida

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Statutes, is amended to read:

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     92.565  Admissibility of confession in sexual abuse

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cases.--

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     (2)  In any criminal action in which the defendant is

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charged with a crime against a victim under s. 794.011; s.

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794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;

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s. 827.04, involving sexual abuse; or s. 827.071; or s.

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847.0135(5), or any other crime involving sexual abuse of

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another, or with any attempt, solicitation, or conspiracy to

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commit any of these crimes, the defendant's memorialized

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confession or admission is admissible during trial without the

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state having to prove a corpus delicti of the crime if the court

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finds in a hearing conducted outside the presence of the jury

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that the state is unable to show the existence of each element

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of the crime, and having so found, further finds that the

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defendant's confession or admission is trustworthy. Factors

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which may be relevant in determining whether the state is unable

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to show the existence of each element of the crime include, but

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are not limited to, the fact that, at the time the crime was

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committed, the victim was:

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     (a)  Physically helpless, mentally incapacitated, or

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mentally defective, as those terms are defined in s. 794.011;

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     (b)  Physically incapacitated due to age, infirmity, or any

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other cause; or

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     (c)  Less than 12 years of age.

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     Section 10.  Paragraph (e) of subsection (9) of section

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394.912, Florida Statutes, is amended to read:

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     394.912  Definitions.--As used in this part, the term:

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     (9)  "Sexually violent offense" means:

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     (e)  Lewd, lascivious, or indecent assault or act upon or

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in presence of the child in violation of s. 800.04 or s.

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847.0135(5);

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     Section 11.  Section 409.2355, Florida Statutes, is amended

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to read:

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     409.2355  Programs for prosecution of males over age 21 who

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commit certain offenses involving girls under age 16.--Subject

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to specific appropriated funds, the Department of Children and

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Family Services is directed to establish a program by which

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local communities, through the state attorney's office of each

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judicial circuit, may apply for grants to fund innovative

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programs for the prosecution of males over the age of 21 who

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victimize girls under the age of 16 in violation of s. 794.011,

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s. 794.05, s. 800.04, or s. 827.04(3), or s. 847.0135(5).

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     Section 12.  Paragraph (a) of subsection (9) of section

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775.082, Florida Statutes, is amended to read:

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     775.082  Penalties; applicability of sentencing structures;

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mandatory minimum sentences for certain reoffenders previously

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released from prison.--

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     (9)(a)1.  "Prison releasee reoffender" means any defendant

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who commits, or attempts to commit:

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     a.  Treason;

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     b.  Murder;

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     c.  Manslaughter;

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     d.  Sexual battery;

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     e.  Carjacking;

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     f.  Home-invasion robbery;

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     g.  Robbery;

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     h.  Arson;

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     i.  Kidnapping;

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     j.  Aggravated assault with a deadly weapon;

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     k.  Aggravated battery;

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     l.  Aggravated stalking;

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     m.  Aircraft piracy;

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     n.  Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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     o.  Any felony that involves the use or threat of physical

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force or violence against an individual;

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     p.  Armed burglary;

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     q.  Burglary of a dwelling or burglary of an occupied

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structure; or

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     r.  Any felony violation of s. 790.07, s. 800.04, s.

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827.03, or s. 827.071, or s. 847.0135(5);

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within 3 years after being released from a state correctional

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facility operated by the Department of Corrections or a private

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vendor or within 3 years after being released from a

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correctional institution of another state, the District of

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Columbia, the United States, any possession or territory of the

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United States, or any foreign jurisdiction, following

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incarceration for an offense for which the sentence is

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punishable by more than 1 year in this state.

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     2.  "Prison releasee reoffender" also means any defendant

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who commits or attempts to commit any offense listed in sub-

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subparagraphs (a)1.a.-r. while the defendant was serving a

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prison sentence or on escape status from a state correctional

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facility operated by the Department of Corrections or a private

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vendor or while the defendant was on escape status from a

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correctional institution of another state, the District of

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Columbia, the United States, any possession or territory of the

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United States, or any foreign jurisdiction, following

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incarceration for an offense for which the sentence is

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punishable by more than 1 year in this state.

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     3.  If the state attorney determines that a defendant is a

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prison releasee reoffender as defined in subparagraph 1., the

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state attorney may seek to have the court sentence the defendant

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as a prison releasee reoffender. Upon proof from the state

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attorney that establishes by a preponderance of the evidence

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that a defendant is a prison releasee reoffender as defined in

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this section, such defendant is not eligible for sentencing

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under the sentencing guidelines and must be sentenced as

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follows:

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     a.  For a felony punishable by life, by a term of

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imprisonment for life;

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     b.  For a felony of the first degree, by a term of

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imprisonment of 30 years;

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     c.  For a felony of the second degree, by a term of

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imprisonment of 15 years; and

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     d.  For a felony of the third degree, by a term of

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imprisonment of 5 years.

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     Section 13.  Paragraph (d) of subsection (1) of section

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775.084, Florida Statutes, is amended to read:

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     775.084  Violent career criminals; habitual felony

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offenders and habitual violent felony offenders; three-time

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violent felony offenders; definitions; procedure; enhanced

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penalties or mandatory minimum prison terms.--

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     (1)  As used in this act:

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     (d)  "Violent career criminal" means a defendant for whom

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the court must impose imprisonment pursuant to paragraph (4)(d),

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if it finds that:

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     1.  The defendant has previously been convicted as an adult

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three or more times for an offense in this state or other

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qualified offense that is:

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     a.  Any forcible felony, as described in s. 776.08;

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     b.  Aggravated stalking, as described in s. 784.048(3) and

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(4);

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     c.  Aggravated child abuse, as described in s. 827.03(2);

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     d.  Aggravated abuse of an elderly person or disabled

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adult, as described in s. 825.102(2);

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     e.  Lewd or lascivious battery, lewd or lascivious

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molestation, lewd or lascivious conduct, or lewd or lascivious

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exhibition, as described in s. 800.04 or s. 847.0135(5);

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     f.  Escape, as described in s. 944.40; or

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     g.  A felony violation of chapter 790 involving the use or

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possession of a firearm.

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     2.  The defendant has been incarcerated in a state prison

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or a federal prison.

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     3.  The primary felony offense for which the defendant is

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to be sentenced is a felony enumerated in subparagraph 1. and

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was committed on or after October 1, 1995, and:

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     a.  While the defendant was serving a prison sentence or

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other sentence, or court-ordered or lawfully imposed supervision

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that is imposed as a result of a prior conviction for an

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enumerated felony; or

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     b.  Within 5 years after the conviction of the last prior

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enumerated felony, or within 5 years after the defendant's

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release from a prison sentence, probation, community control,

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control release, conditional release, parole, or court-ordered

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or lawfully imposed supervision or other sentence that is

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imposed as a result of a prior conviction for an enumerated

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felony, whichever is later.

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     4.  The defendant has not received a pardon for any felony

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or other qualified offense that is necessary for the operation

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of this paragraph.

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     5.  A conviction of a felony or other qualified offense

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necessary to the operation of this paragraph has not been set

398

aside in any postconviction proceeding.

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     Section 14.  Paragraph (a) of subsection (13) and paragraph

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(a) of subsection (16) of section 775.15, Florida Statutes, are

401

amended to read:

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     775.15  Time limitations; general time limitations;

403

exceptions.--

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     (13)(a)  If the victim of a violation of s. 794.011, former

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s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04, or s.

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847.0135(5) is under the age of 18, the applicable period of

407

limitation, if any, does not begin to run until the victim has

408

reached the age of 18 or the violation is reported to a law

409

enforcement agency or other governmental agency, whichever

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occurs earlier. Such law enforcement agency or other

411

governmental agency shall promptly report such allegation to the

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state attorney for the judicial circuit in which the alleged

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violation occurred. If the offense is a first or second degree

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felony violation of s. 794.011, and the offense is reported

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within 72 hours after its commission, the prosecution for such

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offense may be commenced at any time. This paragraph applies to

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any such offense except an offense the prosecution of which

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would have been barred by subsection (2) on or before December

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31, 1984.

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     (16)(a)  In addition to the time periods prescribed in this

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section, a prosecution for any of the following offenses may be

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commenced at any time after the date on which the identity of

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the accused is established, or should have been established by

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the exercise of due diligence, through the analysis of

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deoxyribonucleic acid (DNA) evidence, if a sufficient portion of

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the evidence collected at the time of the original investigation

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and tested for DNA is preserved and available for testing by the

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accused:

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     1.  Aggravated battery or any felony battery offense under

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chapter 784.

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     2.  Kidnapping under s. 787.01 or false imprisonment under

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s. 787.02.

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     3.  An offense of sexual battery under chapter 794.

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     4. A lewd or lascivious offense under s. 800.04, or s.

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825.1025, or s. 847.0135(5).

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     5.  A burglary offense under s. 810.02.

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     6.  A robbery offense under s. 812.13, s. 812.131, or s.

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812.135.

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     7.  Carjacking under s. 812.133.

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     8.  Aggravated child abuse under s. 827.03.

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     Section 15.  Paragraph (a) of subsection (4) and paragraph

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(b) of subsection (10) of section 775.21, Florida Statutes, are

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amended to read:

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     775.21  The Florida Sexual Predators Act.--

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     (4)  SEXUAL PREDATOR CRITERIA.--

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     (a)  For a current offense committed on or after October 1,

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1993, upon conviction, an offender shall be designated as a

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"sexual predator" under subsection (5), and subject to

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registration under subsection (6) and community and public

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notification under subsection (7) if:

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     1.  The felony is:

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     a.  A capital, life, or first-degree felony violation, or

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any attempt thereof, of s. 787.01 or s. 787.02, where the victim

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is a minor and the defendant is not the victim's parent or

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guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a

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violation of a similar law of another jurisdiction; or

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     b.  Any felony violation, or any attempt thereof, of s.

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787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

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minor and the defendant is not the victim's parent or guardian;

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s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.

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796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.

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847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a

463

similar law of another jurisdiction, and the offender has

464

previously been convicted of or found to have committed, or has

465

pled nolo contendere or guilty to, regardless of adjudication,

466

any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),

467

where the victim is a minor and the defendant is not the

468

victim's parent or guardian; s. 794.011, excluding s.

469

794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.

470

825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

471

847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a

472

similar law of another jurisdiction;

473

     2.  The offender has not received a pardon for any felony

474

or similar law of another jurisdiction that is necessary for the

475

operation of this paragraph; and

476

     3.  A conviction of a felony or similar law of another

477

jurisdiction necessary to the operation of this paragraph has

478

not been set aside in any postconviction proceeding.

479

     (10)  PENALTIES.--

480

     (b)  A sexual predator who has been convicted of or found

481

to have committed, or has pled nolo contendere or guilty to,

482

regardless of adjudication, any violation, or attempted

483

violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

484

the victim is a minor and the defendant is not the victim's

485

parent or guardian; s. 794.011, excluding s. 794.011(10); s.

486

794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.

487

847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a

488

violation of a similar law of another jurisdiction when the

489

victim of the offense was a minor, and who works, whether for

490

compensation or as a volunteer, at any business, school, day

491

care center, park, playground, or other place where children

492

regularly congregate, commits a felony of the third degree,

493

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

494

     Section 16.  Subsections (7) and (8) of section 784.048,

495

Florida Statutes, are amended to read:

496

     784.048  Stalking; definitions; penalties.--

497

     (7)  Any person who, after having been sentenced for a

498

violation of s. 794.011, or s. 800.04, or s. 847.0135(5) and

499

prohibited from contacting the victim of the offense under s.

500

921.244, willfully, maliciously, and repeatedly follows,

501

harasses, or cyberstalks the victim commits the offense of

502

aggravated stalking, a felony of the third degree, punishable as

503

provided in s. 775.082, s. 775.083, or s. 775.084.

504

     (8)  The punishment imposed under this section shall run

505

consecutive to any former sentence imposed for a conviction for

506

any offense under s. 794.011, or s. 800.04, or s. 847.0135(5).

507

     Section 17.  Paragraph (a) of subsection (3) of section

508

787.01, Florida Statutes, is amended to read:

509

     787.01  Kidnapping; kidnapping of child under age 13,

510

aggravating circumstances.--

511

     (3)(a)  A person who commits the offense of kidnapping upon

512

a child under the age of 13 and who, in the course of committing

513

the offense, commits one or more of the following:

514

     1.  Aggravated child abuse, as defined in s. 827.03;

515

     2.  Sexual battery, as defined in chapter 794, against the

516

child;

517

     3.  Lewd or lascivious battery, lewd or lascivious

518

molestation, lewd or lascivious conduct, or lewd or lascivious

519

exhibition, in violation of s. 800.04 or s. 847.0135(5);

520

     4.  A violation of s. 796.03 or s. 796.04, relating to

521

prostitution, upon the child; or

522

     5.  Exploitation of the child or allowing the child to be

523

exploited, in violation of s. 450.151,

524

525

commits a life felony, punishable as provided in s. 775.082, s.

526

775.083, or s. 775.084.

527

     Section 18.  Paragraph (a) of subsection (3) of section

528

787.02, Florida Statutes, is amended to read:

529

     787.02  False imprisonment; false imprisonment of child

530

under age 13, aggravating circumstances.--

531

     (3)(a)  A person who commits the offense of false

532

imprisonment upon a child under the age of 13 and who, in the

533

course of committing the offense, commits any offense enumerated

534

in subparagraphs 1.-5., commits a felony of the first degree,

535

punishable by imprisonment for a term of years not exceeding

536

life or as provided in s. 775.082, s. 775.083, or s. 775.084.

537

     1.  Aggravated child abuse, as defined in s. 827.03;

538

     2.  Sexual battery, as defined in chapter 794, against the

539

child;

540

     3.  Lewd or lascivious battery, lewd or lascivious

541

molestation, lewd or lascivious conduct, or lewd or lascivious

542

exhibition, in violation of s. 800.04 or s. 847.0135(5);

543

     4.  A violation of s. 796.03 or s. 796.04, relating to

544

prostitution, upon the child; or

545

     5.  Exploitation of the child or allowing the child to be

546

exploited, in violation of s. 450.151.

547

     Section 19.  Paragraph (c) of subsection (2) of section

548

787.025, Florida Statutes, is amended to read:

549

     787.025  Luring or enticing a child.--

550

     (2)

551

     (c)  A person 18 years of age or older who, having been

552

previously convicted of a violation of chapter 794, or s.

553

800.04, or s. 847.0135(5), or a violation of a similar law of

554

another jurisdiction, intentionally lures or entices, or

555

attempts to lure or entice, a child under the age of 12 into a

556

structure, dwelling, or conveyance for other than a lawful

557

purpose commits a felony of the third degree, punishable as

558

provided in s. 775.082, s. 775.083, or s. 775.084.

559

     Section 20.  Section 794.065, Florida Statutes, is amended

560

to read:

561

     794.065  Unlawful place of residence for persons convicted

562

of certain sex offenses.--

563

     (1)  It is unlawful for any person who has been convicted

564

of a violation of s. 794.011, s. 800.04, s. 827.071, s.

565

847.0135(5), or s. 847.0145, regardless of whether adjudication

566

has been withheld, in which the victim of the offense was less

567

than 16 years of age, to reside within 1,000 feet of any school,

568

day care center, park, or playground. A person who violates this

569

section and whose conviction under s. 794.011, s. 800.04, s.

570

827.071, s. 847.0135(5), or s. 847.0145 was classified as a

571

felony of the first degree or higher commits a felony of the

572

third degree, punishable as provided in s. 775.082 or s.

573

775.083. A person who violates this section and whose conviction

574

under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.

575

847.0145 was classified as a felony of the second or third

576

degree commits a misdemeanor of the first degree, punishable as

577

provided in s. 775.082 or s. 775.083.

578

     (2)  This section applies to any person convicted of a

579

violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),

580

or s. 847.0145 for offenses that occur on or after October 1,

581

2004.

582

     Section 21.  Section 914.16, Florida Statutes, is amended

583

to read:

584

     914.16  Child abuse and sexual abuse of victims under age

585

16 or persons with mental retardation; limits on

586

interviews.--The chief judge of each judicial circuit, after

587

consultation with the state attorney and the public defender for

588

the judicial circuit, the appropriate chief law enforcement

589

officer, and any other person deemed appropriate by the chief

590

judge, shall provide by order reasonable limits on the number of

591

interviews that a victim of a violation of s. 794.011, s.

592

800.04, or s. 827.03, or s. 847.0135(5) who is under 16 years of

593

age or a victim of a violation of s. 794.011, s. 800.02, s.

594

800.03, or s. 825.102 who is a person with mental retardation as

595

defined in s. 393.063 must submit to for law enforcement or

596

discovery purposes. The order shall, to the extent possible,

597

protect the victim from the psychological damage of repeated

598

interrogations while preserving the rights of the public, the

599

victim, and the person charged with the violation.

600

     Section 22.  Paragraphs (d) and (e) of subsection (3) of

601

section 921.0022, Florida Statutes, are amended to read:

602

     921.0022  Criminal Punishment Code; offense severity

603

ranking chart.--

604

     (3)  OFFENSE SEVERITY RANKING CHART

605

     (d)  LEVEL 4

606

607

608

609

610

611

612

613

614

615

616

617

618

619

620

621

622

623

624

625

626

627

628

629

630

631

632

633

634

635

636

637

638

639

640

641

642

643

644

645

646

647

648

649

650

651

652

653

654

655

     (e)  LEVEL 5

656

657

658

659

660

661

662

663

664

665

666

667

668

669

670

671

672

673

674

675

676

677

678

679

680

681

682

683

684

685

686

687

688

689

690

691

692

693

694

695

696

697

698

699

700

701

     Section 23.  Subsections (1) and (3) of section 921.244,

702

Florida Statutes, are amended to read:

703

     921.244  Order of no contact; penalties.--

704

     (1)  At the time of sentencing an offender convicted of a

705

violation of s. 794.011, or s. 800.04, or s. 847.0135(5), the

706

court shall order that the offender be prohibited from having

707

any contact with the victim, directly or indirectly, including

708

through a third person, for the duration of the sentence

709

imposed. The court may reconsider the order upon the request of

710

the victim if the request is made at any time after the victim

711

has attained 18 years of age. In considering the request, the

712

court shall conduct an evidentiary hearing to determine whether

713

a change of circumstances has occurred which warrants a change

714

in the court order prohibiting contact and whether it is in the

715

best interest of the victim that the court order be modified or

716

rescinded.

717

     (3)  The punishment imposed under this section shall run

718

consecutive to any former sentence imposed for a conviction for

719

any offense under s. 794.011, or s. 800.04, or s. 847.0135(5).

720

     Section 24.  Subsection (1) of section 938.10, Florida

721

Statutes, is amended to read:

722

     938.10  Additional court cost imposed in cases of certain

723

crimes against minors.--

724

     (1)  If a person pleads guilty or nolo contendere to, or is

725

found guilty of, regardless of adjudication, any offense against

726

a minor in violation of s. 784.085, chapter 787, chapter 794, s.

727

796.03, s. 800.04, chapter 827, s. 847.0135(5), s. 847.0145, or

728

s. 985.701, the court shall impose a court cost of $101 against

729

the offender in addition to any other cost or penalty required

730

by law.

731

     Section 25.  Subsections (1), (2), and (4) of section

732

943.04354, Florida Statutes, are amended to read:

733

     943.04354  Removal of the requirement to register as a

734

sexual offender or sexual predator in special circumstances.--

735

     (1)  For purposes of this section, a person shall be

736

considered for removal of the requirement to register as a

737

sexual offender or sexual predator only if the person:

738

     (a)  Was or will be convicted or adjudicated delinquent of

739

a violation of s. 794.011, or s. 800.04, or s. 847.0135(5) or

740

the person committed a violation of s. 794.011, or s. 800.04, or

741

s. 847.0135(5) for which adjudication of guilt was or will be

742

withheld, and the person does not have any other conviction,

743

adjudication of delinquency, or withhold of adjudication of

744

guilt for a violation of s. 794.011, or s. 800.04, or s.

745

847.0135(5);

746

     (b)  Is required to register as a sexual offender or sexual

747

predator solely on the basis of this violation; and

748

     (c)  Is not more than 4 years older than the victim of this

749

violation who was 14 years of age or older but not more than 17

750

years of age at the time the person committed this violation.

751

     (2)  If a person meets the criteria in subsection (1) and

752

the violation of s. 794.011, or s. 800.04, or s. 847.0135(5) was

753

committed on or after July 1, 2007, the person may move the

754

court that will sentence or dispose of this violation to remove

755

the requirement that the person register as a sexual offender or

756

sexual predator. The person must allege in the motion that he or

757

she meets the criteria in subsection (1) and that removal of the

758

registration requirement will not conflict with federal law. The

759

state attorney must be given notice of the motion at least 21

760

days before the date of sentencing or disposition of this

761

violation and may present evidence in opposition to the

762

requested relief or may otherwise demonstrate why the motion

763

should be denied. At sentencing or disposition of this

764

violation, the court shall rule on this motion and, if the court

765

determines the person meets the criteria in subsection (1) and

766

the removal of the registration requirement will not conflict

767

with federal law, it may grant the motion and order the removal

768

of the registration requirement. If the court denies the motion,

769

the person is not authorized under this section to petition for

770

removal of the registration requirement.

771

     (4)  If a person provides to the Department of Law

772

Enforcement a certified copy of the court's order removing the

773

requirement that the person register as a sexual offender or

774

sexual predator for the violation of s. 794.011, or s. 800.04,

775

or s. 847.0135(5), the registration requirement will not apply

776

to the person and the department shall remove all information

777

about the person from the public registry of sexual offenders

778

and sexual predators maintained by the department. However, the

779

removal of this information from the public registry does not

780

mean that the public is denied access to information about the

781

person's criminal history or record that is otherwise available

782

as a public record.

783

     Section 26.  Subsection (7) of section 947.1405, Florida

784

Statutes, is amended to read:

785

     947.1405  Conditional release program.--

786

     (7)(a)  Any inmate who is convicted of a crime committed on

787

or after October 1, 1995, or who has been previously convicted

788

of a crime committed on or after October 1, 1995, in violation

789

of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.

790

847.0145, and is subject to conditional release supervision,

791

shall have, in addition to any other conditions imposed, the

792

following special conditions imposed by the commission:

793

     1.  A mandatory curfew from 10 p.m. to 6 a.m. The

794

commission may designate another 8-hour period if the offender's

795

employment precludes the above specified time, and such

796

alternative is recommended by the Department of Corrections. If

797

the commission determines that imposing a curfew would endanger

798

the victim, the commission may consider alternative sanctions.

799

     2.  If the victim was under the age of 18, a prohibition on

800

living within 1,000 feet of a school, day care center, park,

801

playground, designated public school bus stop, or other place

802

where children regularly congregate. A releasee who is subject

803

to this subparagraph may not relocate to a residence that is

804

within 1,000 feet of a public school bus stop. Beginning October

805

1, 2004, the commission or the department may not approve a

806

residence that is located within 1,000 feet of a school, day

807

care center, park, playground, designated school bus stop, or

808

other place where children regularly congregate for any releasee

809

who is subject to this subparagraph. On October 1, 2004, the

810

department shall notify each affected school district of the

811

location of the residence of a releasee 30 days prior to release

812

and thereafter, if the releasee relocates to a new residence,

813

shall notify any affected school district of the residence of

814

the releasee within 30 days after relocation. If, on October 1,

815

2004, any public school bus stop is located within 1,000 feet of

816

the existing residence of such releasee, the district school

817

board shall relocate that school bus stop. Beginning October 1,

818

2004, a district school board may not establish or relocate a

819

public school bus stop within 1,000 feet of the residence of a

820

releasee who is subject to this subparagraph. The failure of the

821

district school board to comply with this subparagraph shall not

822

result in a violation of conditional release supervision.

823

     3.  Active participation in and successful completion of a

824

sex offender treatment program with qualified practitioners

825

specifically trained to treat sex offenders, at the releasee's

826

own expense. If a qualified practitioner is not available within

827

a 50-mile radius of the releasee's residence, the offender shall

828

participate in other appropriate therapy.

829

     4.  A prohibition on any contact with the victim, directly

830

or indirectly, including through a third person, unless approved

831

by the victim, the offender's therapist, and the sentencing

832

court.

833

     5.  If the victim was under the age of 18, a prohibition

834

against contact with children under the age of 18 without review

835

and approval by the commission. The commission may approve

836

supervised contact with a child under the age of 18 if the

837

approval is based upon a recommendation for contact issued by a

838

qualified practitioner who is basing the recommendation on a

839

risk assessment. Further, the sex offender must be currently

840

enrolled in or have successfully completed a sex offender

841

therapy program. The commission may not grant supervised contact

842

with a child if the contact is not recommended by a qualified

843

practitioner and may deny supervised contact with a child at any

844

time. When considering whether to approve supervised contact

845

with a child, the commission must review and consider the

846

following:

847

     a.  A risk assessment completed by a qualified

848

practitioner. The qualified practitioner must prepare a written

849

report that must include the findings of the assessment and

850

address each of the following components:

851

     (I)  The sex offender's current legal status;

852

     (II)  The sex offender's history of adult charges with

853

apparent sexual motivation;

854

     (III)  The sex offender's history of adult charges without

855

apparent sexual motivation;

856

     (IV)  The sex offender's history of juvenile charges,

857

whenever available;

858

     (V)  The sex offender's offender treatment history,

859

including a consultation from the sex offender's treating, or

860

most recent treating, therapist;

861

     (VI)  The sex offender's current mental status;

862

     (VII)  The sex offender's mental health and substance abuse

863

history as provided by the Department of Corrections;

864

     (VIII)  The sex offender's personal, social, educational,

865

and work history;

866

     (IX)  The results of current psychological testing of the

867

sex offender if determined necessary by the qualified

868

practitioner;

869

     (X)  A description of the proposed contact, including the

870

location, frequency, duration, and supervisory arrangement;

871

     (XI)  The child's preference and relative comfort level

872

with the proposed contact, when age-appropriate;

873

     (XII)  The parent's or legal guardian's preference

874

regarding the proposed contact; and

875

     (XIII)  The qualified practitioner's opinion, along with

876

the basis for that opinion, as to whether the proposed contact

877

would likely pose significant risk of emotional or physical harm

878

to the child.

879

880

The written report of the assessment must be given to the

881

commission.

882

     b.  A recommendation made as a part of the risk-assessment

883

report as to whether supervised contact with the child should be

884

approved;

885

     c.  A written consent signed by the child's parent or legal

886

guardian, if the parent or legal guardian is not the sex

887

offender, agreeing to the sex offender having supervised contact

888

with the child after receiving full disclosure of the sex

889

offender's present legal status, past criminal history, and the

890

results of the risk assessment. The commission may not approve

891

contact with the child if the parent or legal guardian refuses

892

to give written consent for supervised contact;

893

     d.  A safety plan prepared by the qualified practitioner,

894

who provides treatment to the offender, in collaboration with

895

the sex offender, the child's parent or legal guardian, and the

896

child, when age appropriate, which details the acceptable

897

conditions of contact between the sex offender and the child.

898

The safety plan must be reviewed and approved by the Department

899

of Corrections before being submitted to the commission; and

900

     e.  Evidence that the child's parent or legal guardian, if

901

the parent or legal guardian is not the sex offender,

902

understands the need for and agrees to the safety plan and has

903

agreed to provide, or to designate another adult to provide,

904

constant supervision any time the child is in contact with the

905

offender.

906

907

The commission may not appoint a person to conduct a risk

908

assessment and may not accept a risk assessment from a person

909

who has not demonstrated to the commission that he or she has

910

met the requirements of a qualified practitioner as defined in

911

this section.

912

     6.  If the victim was under age 18, a prohibition on

913

working for pay or as a volunteer at any school, day care

914

center, park, playground, or other place where children

915

regularly congregate, as prescribed by the commission.

916

     7.  Unless otherwise indicated in the treatment plan

917

provided by the sexual offender treatment program, a prohibition

918

on viewing, owning, or possessing any obscene, pornographic, or

919

sexually stimulating visual or auditory material, including

920

telephone, electronic media, computer programs, or computer

921

services that are relevant to the offender's deviant behavior

922

pattern.

923

     8.  Effective for a releasee whose crime is committed on or

924

after July 1, 2005, a prohibition on accessing the Internet or

925

other computer services until the offender's sex offender

926

treatment program, after a risk assessment is completed,

927

approves and implements a safety plan for the offender's

928

accessing or using the Internet or other computer services.

929

     9.  A requirement that the releasee must submit two

930

specimens of blood to the Florida Department of Law Enforcement

931

to be registered with the DNA database.

932

     10.  A requirement that the releasee make restitution to

933

the victim, as determined by the sentencing court or the

934

commission, for all necessary medical and related professional

935

services relating to physical, psychiatric, and psychological

936

care.

937

     11.  Submission to a warrantless search by the community

938

control or probation officer of the probationer's or community

939

controllee's person, residence, or vehicle.

940

     (b)  For a releasee whose crime was committed on or after

941

October 1, 1997, in violation of chapter 794, s. 800.04, s.

942

827.071, s. 847.0135(5), or s. 847.0145, and who is subject to

943

conditional release supervision, in addition to any other

944

provision of this subsection, the commission shall impose the

945

following additional conditions of conditional release

946

supervision:

947

     1.  As part of a treatment program, participation in a

948

minimum of one annual polygraph examination to obtain

949

information necessary for risk management and treatment and to

950

reduce the sex offender's denial mechanisms. The polygraph

951

examination must be conducted by a polygrapher trained

952

specifically in the use of the polygraph for the monitoring of

953

sex offenders, where available, and at the expense of the sex

954

offender. The results of the polygraph examination shall not be

955

used as evidence in a hearing to prove that a violation of

956

supervision has occurred.

957

     2.  Maintenance of a driving log and a prohibition against

958

driving a motor vehicle alone without the prior approval of the

959

supervising officer.

960

     3.  A prohibition against obtaining or using a post office

961

box without the prior approval of the supervising officer.

962

     4.  If there was sexual contact, a submission to, at the

963

probationer's or community controllee's expense, an HIV test

964

with the results to be released to the victim or the victim's

965

parent or guardian.

966

     5.  Electronic monitoring of any form when ordered by the

967

commission.

968

     Section 27.  Subsection (2) of section 948.03, Florida

969

Statutes, is amended to read:

970

     948.03  Terms and conditions of probation.--

971

     (2)  The enumeration of specific kinds of terms and

972

conditions shall not prevent the court from adding thereto such

973

other or others as it considers proper. However, the sentencing

974

court may only impose a condition of supervision allowing an

975

offender convicted of s. 794.011, s. 800.04, s. 827.071, s.

976

847.0135(5), or s. 847.0145, to reside in another state, if the

977

order stipulates that it is contingent upon the approval of the

978

receiving state interstate compact authority. The court may

979

rescind or modify at any time the terms and conditions

980

theretofore imposed by it upon the probationer. However, if the

981

court withholds adjudication of guilt or imposes a period of

982

incarceration as a condition of probation, the period shall not

983

exceed 364 days, and incarceration shall be restricted to either

984

a county facility, a probation and restitution center under the

985

jurisdiction of the Department of Corrections, a probation

986

program drug punishment phase I secure residential treatment

987

institution, or a community residential facility owned or

988

operated by any entity providing such services.

989

     Section 28.  Paragraph (c) of subsection (8) of section

990

948.06, Florida Statutes, is amended to read:

991

     948.06  Violation of probation or community control;

992

revocation; modification; continuance; failure to pay

993

restitution or cost of supervision.--

994

     (8)

995

     (c)  For purposes of this section, the term "qualifying

996

offense" means any of the following:

997

     1.  Kidnapping or attempted kidnapping under s. 787.01,

998

false imprisonment of a child under the age of 13 under s.

999

787.02(3), or luring or enticing a child under s. 787.025(2)(b)

1000

or (c).

1001

     2.  Murder or attempted murder under s. 782.04, attempted

1002

felony murder under s. 782.051, or manslaughter under s. 782.07.

1003

     3.  Aggravated battery or attempted aggravated battery

1004

under s. 784.045.

1005

     4.  Sexual battery or attempted sexual battery under s.

1006

794.011(2), (3), (4), or (8)(b) or (c).

1007

     5.  Lewd or lascivious battery or attempted lewd or

1008

lascivious battery under s. 800.04(4), lewd or lascivious

1009

molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious

1010

conduct under s. 800.04(6)(b), or lewd or lascivious exhibition

1011

under s. 800.04(7)(b)(c), or lewd or lascivious exhibition on

1012

computer under s. 847.0135(5)(b).

1013

     6.  Robbery or attempted robbery under s. 812.13,

1014

carjacking or attempted carjacking under s. 812.133, or home

1015

invasion robbery or attempted home invasion robbery under s.

1016

812.135.

1017

     7.  Lewd or lascivious offense upon or in the presence of

1018

an elderly or disabled person or attempted lewd or lascivious

1019

offense upon or in the presence of an elderly or disabled person

1020

under s. 825.1025.

1021

     8.  Sexual performance by a child or attempted sexual

1022

performance by a child under s. 827.071.

1023

     9.  Computer pornography under s. 847.0135(2) or (3),

1024

transmission of child pornography under s. 847.0137, or selling

1025

or buying of minors under s. 847.0145.

1026

     10.  Poisoning food or water under s. 859.01.

1027

     11.  Abuse of a dead human body under s. 872.06.

1028

     12.  Any burglary offense or attempted burglary offense

1029

that is either a first degree felony or second degree felony

1030

under s. 810.02(2) or (3).

1031

     13.  Arson or attempted arson under s. 806.01(1).

1032

     14.  Aggravated assault under s. 784.021.

1033

     15.  Aggravated stalking under s. 784.048(3), (4), (5), or

1034

(7).

1035

     16.  Aircraft piracy under s. 860.16.

1036

     17.  Unlawful throwing, placing, or discharging of a

1037

destructive device or bomb under s. 790.161(2), (3), or (4).

1038

     18.  Treason under s. 876.32.

1039

     19.  Any offense committed in another jurisdiction which

1040

would be an offense listed in this paragraph if that offense had

1041

been committed in this state.

1042

     Section 29.  Subsection (2) of section 948.101, Florida

1043

Statutes, is amended to read:

1044

     948.101  Terms and conditions of community control and

1045

criminal quarantine community control.--

1046

     (2)  The enumeration of specific kinds of terms and

1047

conditions does not prevent the court from adding thereto any

1048

other terms or conditions that the court considers proper.

1049

However, the sentencing court may only impose a condition of

1050

supervision allowing an offender convicted of s. 794.011, s.

1051

800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in

1052

another state if the order stipulates that it is contingent upon

1053

the approval of the receiving state interstate compact

1054

authority. The court may rescind or modify at any time the terms

1055

and conditions theretofore imposed by it upon the offender in

1056

community control. However, if the court withholds adjudication

1057

of guilt or imposes a period of incarceration as a condition of

1058

community control, the period may not exceed 364 days, and

1059

incarceration shall be restricted to a county facility, a

1060

probation and restitution center under the jurisdiction of the

1061

Department of Corrections, a probation program drug punishment

1062

phase I secure residential treatment institution, or a community

1063

residential facility owned or operated by any entity providing

1064

such services.

1065

     Section 30.  Subsections (1) and (2) of section 948.30,

1066

Florida Statutes, are amended to read:

1067

     948.30  Additional terms and conditions of probation or

1068

community control for certain sex offenses.--Conditions imposed

1069

pursuant to this section do not require oral pronouncement at

1070

the time of sentencing and shall be considered standard

1071

conditions of probation or community control for offenders

1072

specified in this section.

1073

     (1)  Effective for probationers or community controllees

1074

whose crime was committed on or after October 1, 1995, and who

1075

are placed under supervision for violation of chapter 794, s.

1076

800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court

1077

must impose the following conditions in addition to all other

1078

standard and special conditions imposed:

1079

     (a)  A mandatory curfew from 10 p.m. to 6 a.m. The court

1080

may designate another 8-hour period if the offender's employment

1081

precludes the above specified time, and the alternative is

1082

recommended by the Department of Corrections. If the court

1083

determines that imposing a curfew would endanger the victim, the

1084

court may consider alternative sanctions.

1085

     (b)  If the victim was under the age of 18, a prohibition

1086

on living within 1,000 feet of a school, day care center, park,

1087

playground, or other place where children regularly congregate,

1088

as prescribed by the court. The 1,000-foot distance shall be

1089

measured in a straight line from the offender's place of

1090

residence to the nearest boundary line of the school, day care

1091

center, park, playground, or other place where children

1092

congregate. The distance may not be measured by a pedestrian

1093

route or automobile route.

1094

     (c)  Active participation in and successful completion of a

1095

sex offender treatment program with qualified practitioners

1096

specifically trained to treat sex offenders, at the

1097

probationer's or community controllee's own expense. If a

1098

qualified practitioner is not available within a 50-mile radius

1099

of the probationer's or community controllee's residence, the

1100

offender shall participate in other appropriate therapy.

1101

     (d)  A prohibition on any contact with the victim, directly

1102

or indirectly, including through a third person, unless approved

1103

by the victim, the offender's therapist, and the sentencing

1104

court.

1105

     (e)  If the victim was under the age of 18, a prohibition

1106

on contact with a child under the age of 18 except as provided

1107

in this paragraph. The court may approve supervised contact with

1108

a child under the age of 18 if the approval is based upon a

1109

recommendation for contact issued by a qualified practitioner

1110

who is basing the recommendation on a risk assessment. Further,

1111

the sex offender must be currently enrolled in or have

1112

successfully completed a sex offender therapy program. The court

1113

may not grant supervised contact with a child if the contact is

1114

not recommended by a qualified practitioner and may deny

1115

supervised contact with a child at any time. When considering

1116

whether to approve supervised contact with a child, the court

1117

must review and consider the following:

1118

     1.  A risk assessment completed by a qualified

1119

practitioner. The qualified practitioner must prepare a written

1120

report that must include the findings of the assessment and

1121

address each of the following components:

1122

     a.  The sex offender's current legal status;

1123

     b.  The sex offender's history of adult charges with

1124

apparent sexual motivation;

1125

     c.  The sex offender's history of adult charges without

1126

apparent sexual motivation;

1127

     d.  The sex offender's history of juvenile charges,

1128

whenever available;

1129

     e.  The sex offender's offender treatment history,

1130

including consultations with the sex offender's treating, or

1131

most recent treating, therapist;

1132

     f.  The sex offender's current mental status;

1133

     g.  The sex offender's mental health and substance abuse

1134

treatment history as provided by the Department of Corrections;

1135

     h.  The sex offender's personal, social, educational, and

1136

work history;

1137

     i.  The results of current psychological testing of the sex

1138

offender if determined necessary by the qualified practitioner;

1139

     j.  A description of the proposed contact, including the

1140

location, frequency, duration, and supervisory arrangement;

1141

     k.  The child's preference and relative comfort level with

1142

the proposed contact, when age appropriate;

1143

     l.  The parent's or legal guardian's preference regarding

1144

the proposed contact; and

1145

     m.  The qualified practitioner's opinion, along with the

1146

basis for that opinion, as to whether the proposed contact would

1147

likely pose significant risk of emotional or physical harm to

1148

the child.

1149

1150

The written report of the assessment must be given to the court;

1151

     2.  A recommendation made as a part of the risk assessment

1152

report as to whether supervised contact with the child should be

1153

approved;

1154

     3.  A written consent signed by the child's parent or legal

1155

guardian, if the parent or legal guardian is not the sex

1156

offender, agreeing to the sex offender having supervised contact

1157

with the child after receiving full disclosure of the sex

1158

offender's present legal status, past criminal history, and the

1159

results of the risk assessment. The court may not approve

1160

contact with the child if the parent or legal guardian refuses

1161

to give written consent for supervised contact;

1162

     4.  A safety plan prepared by the qualified practitioner,

1163

who provides treatment to the offender, in collaboration with

1164

the sex offender, the child's parent or legal guardian, if the

1165

parent or legal guardian is not the sex offender, and the child,

1166

when age appropriate, which details the acceptable conditions of

1167

contact between the sex offender and the child. The safety plan

1168

must be reviewed and approved by the court; and

1169

     5.  Evidence that the child's parent or legal guardian

1170

understands the need for and agrees to the safety plan and has

1171

agreed to provide, or to designate another adult to provide,

1172

constant supervision any time the child is in contact with the

1173

offender.

1174

1175

The court may not appoint a person to conduct a risk assessment

1176

and may not accept a risk assessment from a person who has not

1177

demonstrated to the court that he or she has met the

1178

requirements of a qualified practitioner as defined in this

1179

section.

1180

     (f)  If the victim was under age 18, a prohibition on

1181

working for pay or as a volunteer at any place where children

1182

regularly congregate, including, but not limited to, schools,

1183

day care centers, parks, playgrounds, pet stores, libraries,

1184

zoos, theme parks, and malls.

1185

     (g)  Unless otherwise indicated in the treatment plan

1186

provided by the sexual offender treatment program, a prohibition

1187

on viewing, accessing, owning, or possessing any obscene,

1188

pornographic, or sexually stimulating visual or auditory

1189

material, including telephone, electronic media, computer

1190

programs, or computer services that are relevant to the

1191

offender's deviant behavior pattern.

1192

     (h)  Effective for probationers and community controllees

1193

whose crime is committed on or after July 1, 2005, a prohibition

1194

on accessing the Internet or other computer services until the

1195

offender's sex offender treatment program, after a risk

1196

assessment is completed, approves and implements a safety plan

1197

for the offender's accessing or using the Internet or other

1198

computer services.

1199

     (i)  A requirement that the probationer or community

1200

controllee must submit a specimen of blood or other approved

1201

biological specimen to the Department of Law Enforcement to be

1202

registered with the DNA data bank.

1203

     (j)  A requirement that the probationer or community

1204

controllee make restitution to the victim, as ordered by the

1205

court under s. 775.089, for all necessary medical and related

1206

professional services relating to physical, psychiatric, and

1207

psychological care.

1208

     (k)  Submission to a warrantless search by the community

1209

control or probation officer of the probationer's or community

1210

controllee's person, residence, or vehicle.

1211

     (2)  Effective for a probationer or community controllee

1212

whose crime was committed on or after October 1, 1997, and who

1213

is placed on community control or sex offender probation for a

1214

violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),

1215

or s. 847.0145, in addition to any other provision of this

1216

section, the court must impose the following conditions of

1217

probation or community control:

1218

     (a)  As part of a treatment program, participation at least

1219

annually in polygraph examinations to obtain information

1220

necessary for risk management and treatment and to reduce the

1221

sex offender's denial mechanisms. A polygraph examination must

1222

be conducted by a polygrapher trained specifically in the use of

1223

the polygraph for the monitoring of sex offenders, where

1224

available, and shall be paid for by the sex offender. The

1225

results of the polygraph examination shall not be used as

1226

evidence in court to prove that a violation of community

1227

supervision has occurred.

1228

     (b)  Maintenance of a driving log and a prohibition against

1229

driving a motor vehicle alone without the prior approval of the

1230

supervising officer.

1231

     (c)  A prohibition against obtaining or using a post office

1232

box without the prior approval of the supervising officer.

1233

     (d)  If there was sexual contact, a submission to, at the

1234

probationer's or community controllee's expense, an HIV test

1235

with the results to be released to the victim or the victim's

1236

parent or guardian.

1237

     (e)  Electronic monitoring when deemed necessary by the

1238

community control or probation officer and his or her

1239

supervisor, and ordered by the court at the recommendation of

1240

the Department of Corrections.

1241

     Section 31.  Subsection (1) of section 948.31, Florida

1242

Statutes, is amended to read:

1243

     948.31  Diagnosis, evaluation, and treatment of offenders

1244

placed on probation or community control for certain sex

1245

offenses or child exploitation.--The court shall require a

1246

diagnosis and evaluation to determine the need of a probationer

1247

or offender in community control for treatment. If the court

1248

determines that a need therefor is established by such diagnosis

1249

and evaluation process, the court shall require outpatient

1250

counseling as a term or condition of probation or community

1251

control for any person who was found guilty of any of the

1252

following, or whose plea of guilty or nolo contendere to any of

1253

the following was accepted by the court:

1254

     (1)  Lewd or lascivious battery, lewd or lascivious

1255

molestation, lewd or lascivious conduct, or lewd or lascivious

1256

exhibition, as defined in s. 800.04 or s. 847.0135(5).

1257

1258

Such counseling shall be required to be obtained from a

1259

community mental health center, a recognized social service

1260

agency providing mental health services, or a private mental

1261

health professional or through other professional counseling.

1262

The plan for counseling for the individual shall be provided to

1263

the court for review.

1264

     Section 32.  This act shall take effect October 1, 2008.

1265

1266

================ T I T L E  A M E N D M E N T ================

1267

And the title is amended as follows:

1268

     Delete everything before the enacting clause

1269

and insert:

1270

A bill to be entitled

1271

An act relating to exploited children; amending s. 92.56,

1272

F.S.; permitting use of a pseudonym to designate the

1273

victim of a crime involving a victim of production,

1274

possession, or promotion of child pornography; revising

1275

provisions concerning use of victim pseudonyms to specify

1276

that they may be used in civil and criminal proceedings;

1277

amending s. 800.04, F.S., relating to lewd or lascivious

1278

exhibition, to conform to changes made by the act;

1279

amending s. 847.0135, F.S.; to conform changes made by the

1280

act; creating s. 847.002, F.S.; requiring law enforcement

1281

officers to provide certain information to the National

1282

Center for Missing and Exploited Children; requiring law

1283

enforcement officers submitting a case for prosecution

1284

that involves the creation, possession, or promotion of

1285

child pornography to provide specified information to

1286

prosecutors; requiring prosecutors to enter specified

1287

information in a database maintained by the Attorney

1288

General; creating s. 847.01357, F.S.; providing a civil

1289

remedy for any person who, while under the age of 18, was

1290

a victim of certain sexual abuse crimes wherein any

1291

portion of that abuse was used in the production of child

1292

pornography and who suffers personal or psychological

1293

injury as a result of the production, promotion, or

1294

possession of such images; specifying damages; providing

1295

for limitation of actions; providing for confidential

1296

pseudonyms to specified claimants; precluding a defense to

1297

certain civil actions; permitting the Attorney General to

1298

pursue cases on behalf of victims; providing for

1299

disposition of damages and attorney's fees; amending s.

1300

960.03, F.S.; expanding the definition of "crime" for

1301

purposes of victim compensation to include violations of

1302

ss. 827.071, 847.0135, 847.0137, and 847.038, related to

1303

on-line sexual exploitation and child pornography;

1304

defining the term "known victim of child pornography;"

1305

expanding the definition of "victim" for purposes of

1306

victim compensation to include a person less than 18 years

1307

of age who was present at the scene of a crime, saw or

1308

heard the crime, and suffered a psychiatric or

1309

psychological injury because of the crime, but who was not

1310

physically injured; creating s. 960.197, F.S.; authorizing

1311

victim compensation awards to certain persons who suffer

1312

psychiatric or psychological injury as a result of certain

1313

crimes; amending ss. 90.404, 92.565, 394.912, 409.2355,

1314

775.082, 775.084, 775.15, 775.21, 784.048, 787.01, 787.02,

1315

787.025, 794.065, 914.16, 921.0022, 921.244, 938.10,

1316

943.0435, 943.04354, 943.0585, 943.059, 944.606, 944.607,

1317

947.1405, 948.013, 948.03, 948.06, 948.101, 948.30,

1318

948.31, and 948.32, F.S.; conforming provisions to changes

1319

made by the act; providing an effective date.

1320

1321

WHEREAS, children who are sexually abused and then

1322

exploited by the creation of permanent images of that sexual

1323

abuse through child pornography are further harmed by the

1324

continued possession, promotion, and distribution of those

1325

images on the Internet, and

1326

     WHEREAS, the possession of child pornography is not a

1327

victimless crime, and over 1,200 victims of child pornography

1328

are known by law enforcement, over 30 of whom were citizens of

1329

this state at the time of their abuse, and

1330

     WHEREAS, victims of child pornography suffer repeated

1331

unending abuse not only as children, but throughout their lives,

1332

by those individuals who engage in the collection and

1333

distribution of the image of the victim's sexual abuse and

1334

exploitation, and

1335

     WHEREAS, victims of child pornography currently do not

1336

receive notice, consideration, compensation, or any other rights

1337

assured to crime victims in this state pursuant to chapter 960,

1338

F.S., and

1339

     WHEREAS, victims of child pornography are entitled to be

1340

heard and considered in any case involving the production,

1341

possession, and promotion of an image of their sexual-abuse, and

1342

these victims are due all the rights and protections afforded

1343

every other crime victim in this state, NOW, THEREFORE,

1344

3/4/2008  7:03:00 AM     CJ.CJ.04388