Florida Senate - 2008 SB 2478
By Senator Lynn
7-03562A-08 20082478__
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A bill to be entitled
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An act relating to sex trafficking; amending s. 772.102,
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F.S.; expanding the definition of the term "criminal
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activity" to include the offense of facilitating certain
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offenses for purposes of seeking civil remedies for
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criminal offenses; amending s. 775.21, F.S.; conforming
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cross-references; creating s. 796.011, F.S.; providing
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definitions; amending s. 796.03, F.S.; increasing
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penalties for procuring a minor for prostitution; amending
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s. 796.04, F.S.; providing enhanced penalties for forcing,
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compelling, or coercing another to become a prostitute;
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renumbering and amending s. 796.035, F.S., and amending s.
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796.045, F.S.; increasing penalties for selling or buying
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minors into sex trafficking or prostitution; revising
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provisions relating to sex trafficking; increasing
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penalties; amending s. 796.05, F.S.; revising provisions
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prohibiting deriving support or maintenance from earnings
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of prostitution; providing penalties; amending s. 796.06,
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F.S.; revising provisions prohibiting rental of certain
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facilities for prohibited activities; amending s. 796.07,
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F.S.; revising provisions prohibiting prostitution,
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lewdness, and assignation; providing penalties; amending
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s. 796.09, F.S.; revising provisions providing a civil
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action against persons who coerce or induce certain
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activities; requiring the court to award prevailing
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plaintiffs reasonable attorney's fees and costs; creating
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s. 796.10, F.S.; defining the term "business entity";
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providing that a business entity convicted of a violation
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of chapter 796, F.S., may be subject to specified
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sanctions and forfeiture of property; amending s. 823.05,
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F.S.; providing that a place used for specified violations
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relating to prostitution may be declared a public nuisance
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and abated or enjoined; amending s. 893.138, F.S.;
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providing additional prostitution offenses that may
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subject a place to being declared a public nuisance by a
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county or municipality and abated pursuant to specified
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provisions; amending s. 895.02, F.S.; redefining the term
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"racketeering activity" to revise the offenses included
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for purposes of the Florida RICO Act; amending s.
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921.0022, F.S.; conforming the offense severity ranking
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chart of the Criminal Punishment Code; amending ss.
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cross-references; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (1) of section
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772.102, Florida Statutes, is amended to read:
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772.102 Definitions.--As used in this chapter, the term:
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(1) "Criminal activity" means to commit, to attempt to
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commit, to conspire to commit, or to solicit, coerce, or
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intimidate another person to commit:
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(a) Any crime that is chargeable by indictment or
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information under the following provisions:
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1. Section 210.18, relating to evasion of payment of
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cigarette taxes.
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2. Section 414.39, relating to public assistance fraud.
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compensation.
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4. Part IV of chapter 501, relating to telemarketing.
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5. Chapter 517, relating to securities transactions.
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to dogracing and horseracing.
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7. Chapter 550, relating to jai alai frontons.
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8. Chapter 552, relating to the manufacture, distribution,
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and use of explosives.
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9. Chapter 562, relating to beverage law enforcement.
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10. Section 624.401, relating to transacting insurance
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without a certificate of authority, s. 624.437(4)(c)1., relating
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to operating an unauthorized multiple-employer welfare
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arrangement, or s. 626.902(1)(b), relating to representing or
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aiding an unauthorized insurer.
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11. Chapter 687, relating to interest and usurious
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practices.
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real estate timeshare plans.
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13. Chapter 782, relating to homicide.
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14. Chapter 784, relating to assault and battery.
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15. Chapter 787, relating to kidnapping or human
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trafficking.
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16. Chapter 790, relating to weapons and firearms.
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18. Chapter 806, relating to arson.
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19. Section 810.02(2)(c), relating to specified burglary of
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a dwelling or structure.
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20. Chapter 812, relating to theft, robbery, and related
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crimes.
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21. Chapter 815, relating to computer-related crimes.
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22. Chapter 817, relating to fraudulent practices, false
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pretenses, fraud generally, and credit card crimes.
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23. Section 827.071, relating to commercial sexual
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exploitation of children.
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24. Chapter 831, relating to forgery and counterfeiting.
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25. Chapter 832, relating to issuance of worthless checks
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and drafts.
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26. Section 836.05, relating to extortion.
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27. Chapter 837, relating to perjury.
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28. Chapter 838, relating to bribery and misuse of public
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office.
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29. Chapter 843, relating to obstruction of justice.
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s. 847.07, relating to obscene literature and profanity.
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849.25, relating to gambling.
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32. Chapter 893, relating to drug abuse prevention and
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control.
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victims, or informants.
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jurors and evidence.
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Section 2. 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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is a minor and the defendant is not the victim's parent or
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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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minor and the defendant is not the victim's parent or guardian;
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similar law of another jurisdiction, and the offender has
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previously been convicted of or found to have committed, or has
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pled nolo contendere or guilty to, regardless of adjudication,
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the victim is a minor and the defendant is not the victim's
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similar law of another jurisdiction;
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2. The offender has not received a pardon for any felony or
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similar law of another jurisdiction that is necessary for the
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operation of this paragraph; and
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3. A conviction of a felony or similar law of another
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jurisdiction necessary to the operation of this paragraph has not
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been set aside in any postconviction proceeding.
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(10) PENALTIES.--
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(b) A sexual predator who has been convicted of or found to
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have committed, or has pled nolo contendere or guilty to,
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regardless of adjudication, any violation, or attempted
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the victim is a minor and the defendant is not the victim's
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violation of a similar law of another jurisdiction when the
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victim of the offense was a minor, and who works, whether for
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compensation or as a volunteer, at any business, school, day care
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center, park, playground, or other place where children regularly
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congregate, commits a felony of the third degree, punishable as
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Section 3. Section 796.011, Florida Statutes, is created to
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read:
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796.011 Definitions.--As used in this chapter, the term:
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(1) "Assignation" means the making of any appointment or
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engagement for prostitution or lewdness or any act in furtherance
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of such appointment or engagement.
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(2) "Coerces" means uses force or intimidation, or any
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practice of domination or restraint, in order to bring about or
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cause a person to take certain action. The term includes, but is
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not limited to, the use of:
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(a) Physical force or threat of physical force.
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(b) Physical or mental torture.
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(c) Kidnapping.
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(d) Blackmail.
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(e) Extortion or claims of indebtedness.
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(f) Threat of legal complaint or report of delinquency.
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(g) Threat to interfere with parental rights or
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responsibilities, whether by judicial or administrative action or
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otherwise.
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(h) Restraint of speech or communication with others.
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(i) Exploitation of a condition of developmental
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disability, cognitive limitation, affective disorder, or
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substance dependency.
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(j) Exploitation of victimization by sexual abuse.
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(k) Exploitation of pornographic performance.
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(l) Exploitation of human needs for food, shelter, safety,
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or affection.
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(3) "Induces" means offers, promises, or withholds or
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threatens to withhold, a benefit or advantage, whether legal,
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financial, or otherwise, such as a promise of marriage,
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employment, or material support or advantage, in order to bring
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about or cause a person to take certain action.
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(4) "Lewdness" means any indecent or obscene act.
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(5) "Prostitution" means the giving or receiving of the
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body for sexual activity for hire; however, the term does not
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include sexual activity between spouses.
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(6) "Sexual activity" means oral, anal, or vaginal
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penetration by, or union with, the sexual organ of another; anal
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or vaginal penetration of another by any other object; or the
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handling or fondling of the sexual organ of another for the
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purpose of masturbation; however, the term does not include acts
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done for bona fide medical purposes.
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Section 4. Section 796.03, Florida Statutes, is amended to
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read:
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796.03 Procuring minor person under age of 18 for
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prostitution.--A person who procures for prostitution, or causes
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to be prostituted, any minor person who is under the age of 18
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years commits a felony of the first second degree, punishable as
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Section 5. Section 796.04, Florida Statutes, is amended to
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read:
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796.04 Forcing, compelling, or coercing another to become a
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prostitute.--
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(1) After May 1, 1943, It is shall be unlawful for anyone
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to force, compel, or coerce another to become a prostitute.
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(2) A person anyone violating this section commits shall be
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guilty of a felony of the first third degree, punishable as
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Section 6. Section 796.035, Florida Statutes, is renumbered
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as subsection (2) of section 796.045, Florida Statutes, and
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amended, and section 796.045, Florida Statutes, is amended, to
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read:
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796.045 Sex trafficking; penalties.--
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(1)(a) Any person who knowingly recruits, entices, harbors,
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transports, provides, or obtains by any means a person, knowing
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that force, fraud, or coercion will be used to cause that person
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to engage in prostitution, commits the offense of sex
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trafficking, a felony of the first second degree, punishable as
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(b) A person commits a life felony of the first degree,
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if the offense of sex trafficking is committed against a minor
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person who is under the age of 14 or the if such offense results
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in death.
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(2) 796.035 Selling or buying of minors into sex
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trafficking or prostitution; penalties.--Any parent, legal
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guardian, or other person having custody or control of a minor
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who sells or otherwise transfers custody or control of such
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minor, or offers to sell or otherwise transfer custody of such
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minor, with knowledge that, as a consequence of the sale or
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transfer, force, fraud, or coercion will be used to cause the
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minor to engage in prostitution or otherwise participate in the
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trade of sex trafficking, commits a life felony of the first
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Section 7. Section 796.05, Florida Statutes, is amended to
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read:
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796.05 Deriving support from the proceeds of
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prostitution.--
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(1) It shall be unlawful for any person with reasonable
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belief or knowing another person is engaged in prostitution to
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live or derive support or maintenance in whole or in part,
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directly or indirectly, from what is believed to be the earnings
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or proceeds of such person's prostitution.
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(2) Anyone violating this section commits a felony of the
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or s. 775.084.
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Section 8. Section 796.06, Florida Statutes, is amended to
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read:
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796.06 Use of space for prohibited activities; sanctions
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Renting space to be used for lewdness, assignation, or
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prostitution.--
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(1) Any person who owns, lets, rents, maintains, controls,
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or operates It is unlawful to let, or rent any place, structure,
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building, or part thereof, or trailer or other conveyance, with
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the knowledge or reasonable cause to believe that it is being
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used, or will be used, in whole or in part, for the purpose of
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any activity prohibited under this chapter commits a felony of
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the third degree, punishable as provided in s. 775.082, s.
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(2) A person who violates this section commits:
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(a) A misdemeanor of the second degree for a first
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(b) A misdemeanor of the first degree for a second or
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subsequent violation, punishable as provided in s. 775.082 or s.
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Section 9. Section 796.07, Florida Statutes, is amended to
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read:
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796.07 Prohibiting prostitution, lewdness, and assignation
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etc.; evidence; penalties; definitions.--
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(1) As used in this section:
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(a) "Prostitution" means the giving or receiving of the
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body for sexual activity for hire but excludes sexual activity
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between spouses.
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(b) "Lewdness" means any indecent or obscene act.
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(c) "Assignation" means the making of any appointment or
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engagement for prostitution or lewdness, or any act in
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furtherance of such appointment or engagement.
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(d) "Sexual activity" means oral, anal, or vaginal
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penetration by, or union with, the sexual organ of another; anal
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or vaginal penetration of another by any other object; or the
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handling or fondling of the sexual organ of another for the
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purpose of masturbation; however, the term does not include acts
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done for bona fide medical purposes.
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(1)(2) It is unlawful for a person:
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(a) To own, establish, maintain, or operate any place,
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structure, building, or conveyance for the purpose of lewdness,
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assignation, or prostitution.
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(a)(b) To offer, or to offer or agree to secure, any person
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another for the purpose of prostitution, lewdness, or assignation
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or for any other lewd or indecent act.
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(b)(c) To receive, or to offer or agree to receive, any
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person into any place, structure, building, or trailer or other
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conveyance for the purpose of prostitution, lewdness, or
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assignation, or to permit any person to remain there for such
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purpose.
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(c)(d) To direct, take, or transport, or to offer or agree
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to direct, take, or transport, any person to any place,
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structure, or building, or trailer or other conveyance or to any
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other person, with knowledge or reasonable cause to believe that
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the purpose of such directing, taking, or transporting is
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prostitution, lewdness, or assignation.
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(d)(e) To offer to commit, or to commit, or to engage in,
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prostitution, lewdness, or assignation.
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(e)(f) To solicit, induce, entice, or procure any person
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another to commit prostitution, lewdness, or assignation.
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(f)(g) To reside in, enter, or remain in, any place,
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structure, or building, or to enter or remain in any trailer or
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other conveyance, for the purpose of prostitution, lewdness, or
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assignation.
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(g)(h) To aid, abet, or participate in prostitution,
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lewdness, or assignation any of the acts or things enumerated in
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this subsection.
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(h)(i) To purchase the services of any person engaged in
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prostitution.
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(2)(3)(a) In the trial of a person charged with a violation
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of this section, testimony concerning the reputation of any
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place, structure, building, or trailer or other conveyance
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involved in the charge;, testimony concerning the reputation of
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any person residing in, operating, or frequenting such place,
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structure, building, or trailer or other conveyance;, and
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testimony concerning the reputation of the defendant is
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admissible in evidence in support of the charge.
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(b) Notwithstanding any other provision of law, a police
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officer may testify as an offended party in an action regarding
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charges filed pursuant to this section.
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(3)(4) Except as otherwise provided in this chapter, a
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person who violates any provision of this section commits:
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(a) A misdemeanor of the second degree for a first
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(b) A misdemeanor of the first degree for a second
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(c) A felony of the third degree for a third or subsequent
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s. 775.084.
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(4)(5) A person who is charged with a third or subsequent
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violation of this section shall be offered admission to a
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pretrial intervention program or a substance-abuse treatment
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program as provided in s. 948.08.
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(5)(6) In addition to the punishment provided in subsection
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(3), a person who violates paragraph (1)(e) (2)(f) shall be
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assessed a civil penalty of $500 if the violation results in any
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judicial disposition other than acquittal or dismissal. The
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proceeds from penalties assessed under this subsection shall be
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paid to the circuit court administrator for the sole purpose of
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paying the administrative costs of treatment-based drug court
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programs provided under s. 397.334.
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Section 10. Section 796.09, Florida Statutes, is amended to
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read:
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796.09 Coercion or inducement; civil cause of action;
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evidence; defenses; attorney's fees.--
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(1) A person has a cause of action for compensatory and
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punitive damages against:
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(a) A person who coerces or induces coerced that person
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into prostitution.;
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(b) A person who coerces or induces that person to remain
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in prostitution.; or
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(c) A person who collects or receives uses coercion to
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collect or receive any part of another that person's earnings
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derived from prostitution.
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(2) As used in this section, the term "prostitution" has
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the same meaning as in s. 796.07.
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(3) As used in this section, the term "coercion" means any
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practice of domination, restraint, or inducement for the purpose
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of or with the reasonably foreseeable effect of causing another
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person to engage in or remain in prostitution or to relinquish
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earnings derived from prostitution, and includes, but is not
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limited to:
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(a) Physical force or threats of physical force.
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(b) Physical or mental torture.
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(c) Kidnapping.
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(d) Blackmail.
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(e) Extortion or claims of indebtedness.
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(f) Threat of legal complaint or report of delinquency.
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(g) Threat to interfere with parental rights or
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responsibilities, whether by judicial or administrative action or
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otherwise.
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(h) Promise of legal benefit.
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(i) Promise of greater financial rewards.
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(j) Promise of marriage.
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(k) Restraint of speech or communication with others.
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(l) Exploitation of a condition of developmental
397
disability, cognitive limitation, affective disorder, or
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substance dependency.
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(m) Exploitation of victimization by sexual abuse.
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(n) Exploitation of pornographic performance.
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(o) Exploitation of human needs for food, shelter, safety,
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or affection.
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(2)(4) In the course of litigation under this section, any
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transaction about which a plaintiff testifies or produces
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evidence does not subject such plaintiff to criminal prosecution
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or any penalty or forfeiture. Further, any testimony or evidence,
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documentary or otherwise, or information directly or indirectly
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derived from such testimony or evidence which is given or
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produced by a plaintiff or a witness for a plaintiff shall not be
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used against these persons in any other investigation or
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proceeding. Such testimony or evidence, however, may be used
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against a plaintiff or a witness for a plaintiff upon any
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criminal investigation or proceeding for perjury committed while
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giving such testimony or producing such evidence.
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(3)(5) It does not constitute a defense to a complaint
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under this section that:
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(a) The plaintiff was paid or otherwise compensated for
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acts of prostitution or other acts prohibited under this chapter;
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(b) The plaintiff engaged in acts of prostitution or other
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acts prohibited under this chapter prior to any involvement with
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the defendant; or
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(c) The plaintiff made no attempt to escape, flee, or
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otherwise terminate contact with the defendant;.
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(d) In the case of a cause of action based on inducement,
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the victim consented; or
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(e) The plaintiff stipulated or otherwise agreed that the
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prohibited acts did not occur as a result of coercion.
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(4)(6) Evidence of convictions for prostitution or other
429
acts prohibited under this chapter or prostitution-related
430
offenses are inadmissible in a proceeding brought under this
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section for purposes of attacking the plaintiff's credibility.
432
(5)(7) In any action brought under this section, the court
433
shall, in its discretion, may award prevailing plaintiffs
434
reasonable attorney's fees and costs.
435
Section 11. Section 796.10, Florida Statutes, is created to
436
read:
437
796.10 Violations by a business entity; sanctions.--
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(1) For purposes of this section, the term "business
439
entity" includes, but is not limited to, any corporation,
440
syndicate, association, firm, joint venture, partnership, limited
441
liability company, or business trust.
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(2) If a business entity is convicted of a violation of
443
this chapter, the court may, when appropriate, order:
444
(a) Its dissolution or reorganization;
445
(b) The suspension or revocation of any license, including,
446
but not limited to, any occupational license, license under
447
chapter 561, permit, or prior approval granted to the business
448
entity by a state agency; or
449
(c) The surrender of its charter, if organized under the
450
laws of this state, or any certificate to conduct business in
451
this state, if it is not organized by the laws of this state.
452
(3) All property, real or personal, including money, used
453
in the course of, intended for use in the course of, derived
454
from, or realized through conduct in violation of a provision of
455
this chapter is subject to civil forfeiture to the state under
457
Section 12. Section 823.05, Florida Statutes, is amended to
458
read:
459
823.05 Places declared a nuisance; abatement may be abated
460
and injunction enjoined.--
461
(1) Whoever shall erect, establish, continue, or maintain,
462
own or lease any building, booth, tent or place which tends to
463
annoy the community or injure the health of the community, or
464
become manifestly injurious to the morals or manners of the
465
people as described in s. 823.01, or shall be frequented by the
466
class of persons mentioned in s. 856.02, or any house or place of
467
prostitution, assignation, lewdness or place or building where
468
games of chance are engaged in violation of law or any place
469
where any law of the state is violated, shall be deemed guilty of
470
maintaining a nuisance, and the building, erection, place, tent
471
or booth and the furniture, fixtures and contents are declared a
472
nuisance. All such places or persons shall be abated or enjoined
474
(2) Any place, structure, building, or part thereof, or
475
trailer or other conveyance that has been used as provided in s.
476
893.138(2), may be declared a public nuisance and abated or
478
Section 13. Paragraph (a) of subsection (2) of section
479
893.138, Florida Statutes, is amended to read:
480
893.138 Local administrative action to abate drug-related,
481
prostitution-related, or stolen-property-related public nuisances
482
and criminal street gang activity.--
483
(2) Any place or premises that has been used:
484
(a) On more than two occasions within a 6-month period, as
485
the site of a violation of chapter 796 s. 796.07;
486
487
may be declared to be a public nuisance, and such nuisance may be
488
abated pursuant to the procedures provided in this section.
489
Section 14. Paragraph (a) of subsection (1) of section
490
895.02, Florida Statutes, is amended to read:
492
term:
493
(1) "Racketeering activity" means to commit, to attempt to
494
commit, to conspire to commit, or to solicit, coerce, or
495
intimidate another person to commit:
496
(a) Any crime that is chargeable by indictment or
497
information under the following provisions of the Florida
498
Statutes:
499
1. Section 210.18, relating to evasion of payment of
500
cigarette taxes.
501
2. Section 403.727(3)(b), relating to environmental
502
control.
504
fraud.
505
4. Section 414.39, relating to public assistance fraud.
507
compensation.
508
6. Section 443.071(4), relating to creation of a fictitious
509
employer scheme to commit unemployment compensation fraud.
510
7. Section 465.0161, relating to distribution of medicinal
511
drugs without a permit as an Internet pharmacy.
513
499.0691, relating to crimes involving contraband and adulterated
514
drugs.
515
9. Part IV of chapter 501, relating to telemarketing.
516
10. Chapter 517, relating to sale of securities and
517
investor protection.
519
to dogracing and horseracing.
520
12. Chapter 550, relating to jai alai frontons.
521
13. Section 551.109, relating to slot machine gaming.
522
14. Chapter 552, relating to the manufacture, distribution,
523
and use of explosives.
524
15. Chapter 560, relating to money transmitters, if the
525
violation is punishable as a felony.
526
16. Chapter 562, relating to beverage law enforcement.
527
17. Section 624.401, relating to transacting insurance
528
without a certificate of authority, s. 624.437(4)(c)1., relating
529
to operating an unauthorized multiple-employer welfare
530
arrangement, or s. 626.902(1)(b), relating to representing or
531
aiding an unauthorized insurer.
532
18. Section 655.50, relating to reports of currency
533
transactions, when such violation is punishable as a felony.
534
19. Chapter 687, relating to interest and usurious
535
practices.
537
real estate timeshare plans.
538
21. Chapter 782, relating to homicide.
539
22. Chapter 784, relating to assault and battery.
540
23. Chapter 787, relating to kidnapping or human
541
trafficking.
542
24. Chapter 790, relating to weapons and firearms.
545
trafficking.
546
26. Chapter 806, relating to arson.
547
27. Section 810.02(2)(c), relating to specified burglary of
548
a dwelling or structure.
549
28. Chapter 812, relating to theft, robbery, and related
550
crimes.
551
29. Chapter 815, relating to computer-related crimes.
552
30. Chapter 817, relating to fraudulent practices, false
553
pretenses, fraud generally, and credit card crimes.
554
31. Chapter 825, relating to abuse, neglect, or
555
exploitation of an elderly person or disabled adult.
556
32. Section 827.071, relating to commercial sexual
557
exploitation of children.
558
33. Chapter 831, relating to forgery and counterfeiting.
559
34. Chapter 832, relating to issuance of worthless checks
560
and drafts.
561
35. Section 836.05, relating to extortion.
562
36. Chapter 837, relating to perjury.
563
37. Chapter 838, relating to bribery and misuse of public
564
office.
565
38. Chapter 843, relating to obstruction of justice.
567
s. 847.07, relating to obscene literature and profanity.
569
849.25, relating to gambling.
570
41. Chapter 874, relating to criminal street gangs.
571
42. Chapter 893, relating to drug abuse prevention and
572
control.
573
43. Chapter 896, relating to offenses related to financial
574
transactions.
576
a witness, victim, or informant, and retaliation against a
577
witness, victim, or informant.
579
jurors and evidence.
580
Section 15. Paragraphs (a), (b), (d), (g), (h), and (i) of
581
subsection (3) of section 921.0022, Florida Statutes, are amended
582
to read:
583
921.0022 Criminal Punishment Code; offense severity ranking
584
chart.--
585
(3) OFFENSE SEVERITY RANKING CHART
586
(a) LEVEL 1
587
| FloridaStatute | FelonyDegree | Description |
588
| 24.118(3)(a) | 3rd | Counterfeit or altered state lottery ticket. |
589
| 212.054(2)(b) | 3rd | Discretionary sales surtax; limitations, administration, and collection. |
590
| 212.15(2)(b) | 3rd | Failure to remit sales taxes, amount greater than $300 but less than $20,000. |
591
| 316.1935(1) | 3rd | Fleeing or attempting to elude law enforcement officer. |
592
| 319.30(5) | 3rd | Sell, exchange, give away certificate of title or identification number plate. |
593
| 319.35(1)(a) | 3rd | Tamper, adjust, change, etc., an odometer. |
594
| 320.26(1)(a) | 3rd | Counterfeit, manufacture, or sell registration license plates or validation stickers. |
595
| 322.212(1)(a)-(c) | 3rd | Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification. |
596
| 322.212(4) | 3rd | Supply or aid in supplying unauthorized driver's license or identification card. |
597
| 322.212(5)(a) | 3rd | False application for driver's license or identification card. |
598
| 414.39(2) | 3rd | Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200. |
599
| 414.39(3)(a) | 3rd | Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. |
600
| 443.071(1) | 3rd | False statement or representation to obtain or increase unemployment compensation benefits. |
601
| 509.151(1) | 3rd | Defraud an innkeeper, food or lodging value greater than $300. |
602
| 517.302(1) | 3rd | Violation of the Florida Securities and Investor Protection Act. |
603
| 562.27(1) | 3rd | Possess still or still apparatus. |
604
| 713.69 | 3rd | Tenant removes property upon which lien has accrued, value more than $50. |
605
| 796.07(3)(c) | 3rd | Prostitution, 3rd or subsequent violation. |
606
| 812.014(3)(c) | 3rd | Petit theft (3rd conviction); theft of any property not specified in subsection (2). |
607
| 812.081(2) | 3rd | Unlawfully makes or causes to be made a reproduction of a trade secret. |
608
| 815.04(4)(a) | 3rd | Offense against intellectual property (i.e., computer programs, data). |
609
| 817.52(2) | 3rd | Hiring with intent to defraud, motor vehicle services. |
610
| 817.569(2) | 3rd | Use of public record or public records information to facilitate commission of a felony. |
611
| 826.01 | 3rd | Bigamy. |
612
| 828.122(3) | 3rd | Fighting or baiting animals. |
613
| 831.04(1) | 3rd | Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. |
614
| 831.31(1)(a) | 3rd | Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. |
615
| 832.041(1) | 3rd | Stopping payment with intent to defraud $150 or more. |
616
| 832.05(2)(b)&(4)(c) | 3rd | Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. |
617
| 838.15(2) | 3rd | Commercial bribe receiving. |
618
| 838.16 | 3rd | Commercial bribery. |
619
| 843.18 | 3rd | Fleeing by boat to elude a law enforcement officer. |
620
| 847.011(1)(a) | 3rd | Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). |
621
| 849.01 | 3rd | Keeping gambling house. |
622
| 849.09(1)(a)-(d) | 3rd | Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. |
623
| 849.23 | 3rd | Gambling-related machines; "common offender" as to property rights. |
624
| 849.25(2) | 3rd | Engaging in bookmaking. |
625
| 860.08 | 3rd | Interfere with a railroad signal. |
626
| 860.13(1)(a) | 3rd | Operate aircraft while under the influence. |
627
| 893.13(2)(a)2. | 3rd | Purchase of cannabis. |
628
| 893.13(6)(a) | 3rd | Possession of cannabis (more than 20 grams). |
629
| 934.03(1)(a) | 3rd | Intercepts, or procures any other person to intercept, any wire or oral communication. |
630
631
(b) LEVEL 2
632
| FloridaStatute | FelonyDegree | Description |
633
| 370.12(1)(e)3. | 3rd | Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. |
634
| 370.12(1)(e)4. | 3rd | Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. |
635
| 403.413(5)(c) | 3rd | Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste. |
636
| 517.07 | 3rd | Registration of securities and furnishing of prospectus required. |
637
| 590.28(1) | 3rd | Willful, malicious, or intentional burning. |
638
| 784.05(3) | 3rd | Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. |
639
| 787.04(1) | 3rd | In violation of court order, take, entice, etc., minor beyond state limits. |
640
| 796.06 | 3rd | Use of space for activity prohibited in chapter 796. |
641
| 806.13(1)(b)3. | 3rd | Criminal mischief; damage $1,000 or more to public communication or any other public service. |
642
| 810.061(2) | 3rd | Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. |
643
| 810.09(2)(e) | 3rd | Trespassing on posted commercial horticulture property. |
644
| 812.014(2)(c)1. | 3rd | Grand theft, 3rd degree; $300 or more but less than $5,000. |
645
| 812.014(2)(d) | 3rd | Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. |
646
| 812.015(7) | 3rd | Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. |
647
| 817.234(1)(a)2. | 3rd | False statement in support of insurance claim. |
648
| 817.481(3)(a) | 3rd | Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. |
649
| 817.52(3) | 3rd | Failure to redeliver hired vehicle. |
650
| 817.54 | 3rd | With intent to defraud, obtain mortgage note, etc., by false representation. |
651
| 817.60(5) | 3rd | Dealing in credit cards of another. |
652
| 817.60(6)(a) | 3rd | Forgery; purchase goods, services with false card. |
653
| 817.61 | 3rd | Fraudulent use of credit cards over $100 or more within 6 months. |
654
| 826.04 | 3rd | Knowingly marries or has sexual intercourse with person to whom related. |
655
| 831.01 | 3rd | Forgery. |
656
| 831.02 | 3rd | Uttering forged instrument; utters or publishes alteration with intent to defraud. |
657
| 831.07 | 3rd | Forging bank bills, checks, drafts, or promissory notes. |
658
| 831.08 | 3rd | Possessing 10 or more forged notes, bills, checks, or drafts. |
659
| 831.09 | 3rd | Uttering forged notes, bills, checks, drafts, or promissory notes. |
660
| 831.11 | 3rd | Bringing into the state forged bank bills, checks, drafts, or notes. |
661
| 832.05(3)(a) | 3rd | Cashing or depositing item with intent to defraud. |
662
| 843.08 | 3rd | Falsely impersonating an officer. |
663
| 893.13(2)(a)2. | 3rd | Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. |
664
| 893.147(2) | 3rd | Manufacture or delivery of drug paraphernalia. |
665
666
(d) LEVEL 4
667
| FloridaStatute | FelonyDegree | Description |
668
| 316.1935(3)(a) | 2nd | Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
669
| 499.0051(1) | 3rd | Failure to maintain or deliver pedigree papers. |
670
| 499.0051(2) | 3rd | Failure to authenticate pedigree papers. |
671
| 499.0051(6) | 2nd | Sale or delivery, or possession with intent to sell, contraband legend drugs. |
672
| 784.07(2)(b) | 3rd | Battery of law enforcement officer, firefighter, intake officer, etc. |
673
| 784.074(1)(c) | 3rd | Battery of sexually violent predators facility staff. |
674
| 784.075 | 3rd | Battery on detention or commitment facility staff. |
675
| 784.078 | 3rd | Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. |
676
| 784.08(2)(c) | 3rd | Battery on a person 65 years of age or older. |
677
| 784.081(3) | 3rd | Battery on specified official or employee. |
678
| 784.082(3) | 3rd | Battery by detained person on visitor or other detainee. |
679
| 784.083(3) | 3rd | Battery on code inspector. |
680
| 784.085 | 3rd | Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. |
681
| 787.03(1) | 3rd | Interference with custody; wrongly takes minor from appointed guardian. |
682
| 787.04(2) | 3rd | Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. |
683
| 787.04(3) | 3rd | Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. |
684
| 790.115(1) | 3rd | Exhibiting firearm or weapon within 1,000 feet of a school. |
685
| 790.115(2)(b) | 3rd | Possessing electric weapon or device, destructive device, or other weapon on school property. |
686
| 790.115(2)(c) | 3rd | Possessing firearm on school property. |
687
| 796.05 | 3rd | Deriving support from prostitution proceeds. |
688
| 800.04(7)(d) | 3rd | Lewd or lascivious exhibition; offender less than 18 years. |
689
| 810.02(4)(a) | 3rd | Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. |
690
| 810.02(4)(b) | 3rd | Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. |
691
| 810.06 | 3rd | Burglary; possession of tools. |
692
| 810.08(2)(c) | 3rd | Trespass on property, armed with firearm or dangerous weapon. |
693
| 812.014(2)(c)3. | 3rd | Grand theft, 3rd degree $10,000 or more but less than $20,000. |
694
| 812.014(2)(c)4.-10. | 3rd | Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. |
695
| 812.0195(2) | 3rd | Dealing in stolen property by use of the Internet; property stolen $300 or more. |
696
| 817.563(1) | 3rd | Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. |
697
| 817.568(2)(a) | 3rd | Fraudulent use of personal identification information. |
698
| 817.625(2)(a) | 3rd | Fraudulent use of scanning device or reencoder. |
699
| 828.125(1) | 2nd | Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. |
700
| 837.02(1) | 3rd | Perjury in official proceedings. |
701
| 837.021(1) | 3rd | Make contradictory statements in official proceedings. |
702
| 838.022 | 3rd | Official misconduct. |
703
| 839.13(2)(a) | 3rd | Falsifying records of an individual in the care and custody of a state agency. |
704
| 839.13(2)(c) | 3rd | Falsifying records of the Department of Children and Family Services. |
705
| 843.021 | 3rd | Possession of a concealed handcuff key by a person in custody. |
706
| 843.025 | 3rd | Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. |
707
| 843.15(1)(a) | 3rd | Failure to appear while on bail for felony (bond estreature or bond jumping). |
708
| 874.05(1) | 3rd | Encouraging or recruiting another to join a criminal street gang. |
709
| 893.13(2)(a)1. | 2nd | Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). |
710
| 914.14(2) | 3rd | Witnesses accepting bribes. |
711
| 914.22(1) | 3rd | Force, threaten, etc., witness, victim, or informant. |
712
| 914.23(2) | 3rd | Retaliation against a witness, victim, or informant, no bodily injury. |
713
| 918.12 | 3rd | Tampering with jurors. |
714
| 934.215 | 3rd | Use of two-way communications device to facilitate commission of a crime. |
715
716
(g) LEVEL 7
717
| FloridaStatute | FelonyDegree | Description |
718
| 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. |
719
| 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. |
720
| 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. |
721
| 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. |
722
| 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. |
723
| 409.920(2) | 3rd | Medicaid provider fraud. |
724
| 456.065(2) | 3rd | Practicing a health care profession without a license. |
725
| 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. |
726
| 458.327(1) | 3rd | Practicing medicine without a license. |
727
| 459.013(1) | 3rd | Practicing osteopathic medicine without a license. |
728
| 460.411(1) | 3rd | Practicing chiropractic medicine without a license. |
729
| 461.012(1) | 3rd | Practicing podiatric medicine without a license. |
730
| 462.17 | 3rd | Practicing naturopathy without a license. |
731
| 463.015(1) | 3rd | Practicing optometry without a license. |
732
| 464.016(1) | 3rd | Practicing nursing without a license. |
733
| 465.015(2) | 3rd | Practicing pharmacy without a license. |
734
| 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. |
735
| 467.201 | 3rd | Practicing midwifery without a license. |
736
| 468.366 | 3rd | Delivering respiratory care services without a license. |
737
| 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. |
738
| 483.901(9) | 3rd | Practicing medical physics without a license. |
739
| 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. |
740
| 484.053 | 3rd | Dispensing hearing aids without a license. |
741
| 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. |
742
| 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. |
743
| 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. |
744
| 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. |
745
| 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. |
746
| 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. |
747
| 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. |
748
| 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. |
749
| 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). |
750
| 782.071 | 2nd | Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). |
751
| 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). |
752
| 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. |
753
| 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. |
754
| 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. |
755
| 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. |
756
| 784.048(7) | 3rd | Aggravated stalking; violation of court order. |
757
| 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. |
758
| 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. |
759
| 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. |
760
| 784.081(1) | 1st | Aggravated battery on specified official or employee. |
761
| 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. |
762
| 784.083(1) | 1st | Aggravated battery on code inspector. |
763
764
| 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. |
765
| 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. |
766
| 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. |
767
| 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. |
768
| 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. |
769
| 794.08(4) | 3rd | Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age. |
770
| 796.03 | 1st 2nd | Procuring any minor person under 16 years for prostitution. |
771
| 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. |
772
| 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. |
773
| 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. |
774
| 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. |
775
| 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. |
776
| 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. |
777
| 810.02(3)(e) | 2nd | Burglary of authorized emergency vehicle. |
778
| 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. |
779
| 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. |
780
| 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. |
781
| 812.014(2)(b)4. | 2nd | Property stolen, law enforcement equipment from authorized emergency vehicle. |
782
| 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. |
783
| 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. |
784
| 812.131(2)(a) | 2nd | Robbery by sudden snatching. |
785
| 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. |
786
| 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. |
787
| 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. |
788
| 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. |
789
| 817.2341(2)(b)&(3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. |
790
| 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. |
791
| 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. |
792
| 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. |
793
| 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. |
794
| 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. |
795
| 838.015 | 2nd | Bribery. |
796
| 838.016 | 2nd | Unlawful compensation or reward for official behavior. |
797
| 838.021(3)(a) | 2nd | Unlawful harm to a public servant. |
798
| 838.22 | 2nd | Bid tampering. |
799
| 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
800
| 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. |
801
| 872.06 | 2nd | Abuse of a dead human body. |
802
| 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. |
803
| 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. |
804
| 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). |
805
| 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. |
806
| 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. |
807
| 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. |
808
| 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. |
809
| 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. |
810
| 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. |
811
| 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. |
812
| 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. |
813
| 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. |
814
| 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. |
815
| 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. |
816
| 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. |
817
| 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. |
818
| 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. |
819
| 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. |
820
| 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
821
| 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
822
| 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. |
823
| 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
824
| 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
825
| 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
826
| 985.4815(10) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. |
827
| 985.4815(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. |
828
| 985.4815(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. |
829
830
(h) LEVEL 8
831
| FloridaStatute | FelonyDegree | Description |
832
| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
833
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
834
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
835
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
836
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
837
| 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
838
| 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
839
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
840
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
841
| 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
842
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
843
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
844
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
845
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
846
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
847
| 794.08(3) | 2nd | Female genital mutilation, removal of a victim younger than 18 years of age from this state. |
848
| 796.045(1)(a) | 1st | Sex trafficking. |
849
| 800.04(4) | 2nd | Lewd or lascivious battery. |
850
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
851
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
852
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
853
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
854
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
855
| 812.13(2)(b) | 1st | Robbery with a weapon. |
856
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
857
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
858
| 825.102(2) | 2nd | Aggravated abuse of an elderly person or disabled adult. |
859
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
860
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
861
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
862
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
863
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
864
| 860.16 | 1st | Aircraft piracy. |
865
| 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
866
867
868
| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
869
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
870
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
871
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
872
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
873
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
874
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
875
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
876
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
877
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
878
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
879
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
880
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
881
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
882
| 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
883
884
(i) LEVEL 9
885
| FloridaStatute | FelonyDegree | Description |
886
| 316.193(3)(c)3.b. | 1st | DUI manslaughter; failing to render aid or give information. |
887
| 327.35(3)(c)3.b. | 1st | BUI manslaughter; failing to render aid or give information. |
888
| 499.00535 | 1st | Sale or purchase of contraband legend drugs resulting in great bodily harm. |
889
| 560.123(8)(b)3. | 1st | Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. |
890
| 560.125(5)(c) | 1st | Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. |
891
| 655.50(10)(b)3. | 1st | Failure to report financial transactions totaling or exceeding $100,000 by financial institution. |
892
| 775.0844 | 1st | Aggravated white collar crime. |
893
| 782.04(1) | 1st | Attempt, conspire, or solicit to commit premeditated murder. |
894
| 782.04(3) | 1st,PBL | Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies. |
895
| 782.051(1) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). |
896
| 782.07(2) | 1st | Aggravated manslaughter of an elderly person or disabled adult. |
897
| 787.01(1)(a)1. | 1st,PBL | Kidnapping; hold for ransom or reward or as a shield or hostage. |
898
| 787.01(1)(a)2. | 1st,PBL | Kidnapping with intent to commit or facilitate commission of any felony. |
899
| 787.01(1)(a)4. | 1st,PBL | Kidnapping with intent to interfere with performance of any governmental or political function. |
900
| 787.02(3)(a) | 1st | False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition. |
901
| 790.161 | 1st | Attempted capital destructive device offense. |
902
| 790.166(2) | 1st,PBL | Possessing, selling, using, or attempting to use a weapon of mass destruction. |
903
| 794.011(2) | 1st | Attempted sexual battery; victim less than 12 years of age. |
904
| 794.011(2) | Life | Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. |
905
| 794.011(4) | 1st | Sexual battery; victim 12 years or older, certain circumstances. |
906
| 794.011(8)(b) | 1st | Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority. |
907
| 794.08(2) | 1st | Female genital mutilation; victim younger than 18 years of age. |
908
| 796.045(1)(b) | Life | Sex trafficking involving a minor or resulting in death. |
909
| 796.045(2) | Life | Selling or buying of minors into sex trafficking or prostitution. |
910
| 800.04(5)(b) | Life | Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. |
911
| 812.13(2)(a) | 1st,PBL | Robbery with firearm or other deadly weapon. |
912
| 812.133(2)(a) | 1st,PBL | Carjacking; firearm or other deadly weapon. |
913
| 812.135(2)(b) | 1st | Home-invasion robbery with weapon. |
914
| 817.568(7) | 2nd,PBL | Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority. |
915
| 827.03(2) | 1st | Aggravated child abuse. |
916
| 847.0145(1) | 1st | Selling, or otherwise transferring custody or control, of a minor. |
917
| 847.0145(2) | 1st | Purchasing, or otherwise obtaining custody or control, of a minor. |
918
| 859.01 | 1st | Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person. |
919
| 893.135 | 1st | Attempted capital trafficking offense. |
920
| 893.135(1)(a)3. | 1st | Trafficking in cannabis, more than 10,000 lbs. |
921
| 893.135(1)(b)1.c. | 1st | Trafficking in cocaine, more than 400 grams, less than 150 kilograms. |
922
| 893.135(1)(c)1.c. | 1st | Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. |
923
| 893.135(1)(d)1.c. | 1st | Trafficking in phencyclidine, more than 400 grams. |
924
| 893.135(1)(e)1.c. | 1st | Trafficking in methaqualone, more than 25 kilograms. |
925
| 893.135(1)(f)1.c. | 1st | Trafficking in amphetamine, more than 200 grams. |
926
| 893.135(1)(h)1.c. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more. |
927
| 893.135(1)(j)1.c. | 1st | Trafficking in 1,4-Butanediol, 10 kilograms or more. |
928
| 893.135(1)(k)2.c. | 1st | Trafficking in Phenethylamines, 400 grams or more. |
929
| 896.101(5)(c) | 1st | Money laundering, financial instruments totaling or exceeding $100,000. |
930
| 896.104(4)(a)3. | 1st | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. |
931
932
Section 16. Subsection (7) of section 322.28, Florida
933
Statutes, is amended to read:
934
322.28 Period of suspension or revocation.--
935
(7) Following a second or subsequent violation of s.
936
796.07(1)(e)(2)(f) which involves a motor vehicle and which
937
results in any judicial disposition other than acquittal or
938
dismissal, in addition to any other sentence imposed, the court
939
shall revoke the person's driver's license or driving privilege,
940
effective upon the date of the disposition, for a period of not
941
less than 1 year. A person sentenced under this subsection may
942
request a hearing under s. 322.271.
943
Section 17. Paragraph (a) of subsection (1) of section
944
943.0435, Florida Statutes, is amended to read:
945
943.0435 Sexual offenders required to register with the
946
department; penalty.--
947
(1) As used in this section, the term:
948
(a)1. "Sexual offender" means a person who meets the
949
criteria in sub-subparagraph a., sub-subparagraph b., sub-
950
subparagraph c., or sub-subparagraph d., as follows:
951
a.(I) Has been convicted of committing, or attempting,
952
soliciting, or conspiring to commit, any of the criminal offenses
953
proscribed in the following statutes in this state or similar
955
787.025(2)(c), where the victim is a minor and the defendant is
956
not the victim's parent or guardian; s. 794.011, excluding s.
961
this state which has been redesignated from a former statute
962
number to one of those listed in this sub-sub-subparagraph; and
963
(II) Has been released on or after October 1, 1997, from
964
the sanction imposed for any conviction of an offense described
965
in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph
966
(I), a sanction imposed in this state or in any other
967
jurisdiction includes, but is not limited to, a fine, probation,
968
community control, parole, conditional release, control release,
969
or incarceration in a state prison, federal prison, private
970
correctional facility, or local detention facility;
971
b. Establishes or maintains a residence in this state and
972
who has not been designated as a sexual predator by a court of
973
this state but who has been designated as a sexual predator, as a
974
sexually violent predator, or by another sexual offender
975
designation in another state or jurisdiction and was, as a result
976
of such designation, subjected to registration or community or
977
public notification, or both, or would be if the person were a
978
resident of that state or jurisdiction, without regard to whether
979
the person otherwise meets the criteria for registration as a
980
sexual offender;
981
c. Establishes or maintains a residence in this state who
982
is in the custody or control of, or under the supervision of, any
983
other state or jurisdiction as a result of a conviction for
984
committing, or attempting, soliciting, or conspiring to commit,
985
any of the criminal offenses proscribed in the following statutes
987
or s. 787.025(2)(c), where the victim is a minor and the
988
defendant is not the victim's parent or guardian; s. 794.011,
993
committed in this state which has been redesignated from a former
994
statute number to one of those listed in this sub-subparagraph;
995
or
996
d. On or after July 1, 2007, has been adjudicated
997
delinquent for committing, or attempting, soliciting, or
998
conspiring to commit, any of the criminal offenses proscribed in
999
the following statutes in this state or similar offenses in
1000
another jurisdiction when the juvenile was 14 years of age or
1001
older at the time of the offense:
1003
(II) Section 800.04(4)(b) where the victim is under 12
1004
years of age or where the court finds sexual activity by the use
1005
of force or coercion;
1006
(III) Section 800.04(5)(c)1. where the court finds
1007
molestation involving unclothed genitals; or
1008
(IV) Section 800.04(5)(d) where the court finds the use of
1009
force or coercion and unclothed genitals.
1010
2. For all qualifying offenses listed in sub-subparagraph
1011
(1)(a)1.d., the court shall make a written finding of the age of
1012
the offender at the time of the offense.
1013
1014
For each violation of a qualifying offense listed in this
1015
subsection, the court shall make a written finding of the age of
1016
the victim at the time of the offense. For a violation of s.
1017
800.04(4), the court shall additionally make a written finding
1018
indicating that the offense did or did not involve sexual
1019
activity and indicating that the offense did or did not involve
1020
force or coercion. For a violation of s. 800.04(5), the court
1021
shall additionally make a written finding that the offense did or
1022
did not involve unclothed genitals or genital area and that the
1023
offense did or did not involve the use of force or coercion.
1024
Section 18. Paragraph (b) of subsection (1) of section
1025
944.606, Florida Statutes, is amended to read:
1026
944.606 Sexual offenders; notification upon release.--
1027
(1) As used in this section:
1028
(b) "Sexual offender" means a person who has been convicted
1029
of committing, or attempting, soliciting, or conspiring to
1030
commit, any of the criminal offenses proscribed in the following
1031
statutes in this state or similar offenses in another
1033
the victim is a minor and the defendant is not the victim's
1038
985.701(1); or any similar offense committed in this state which
1039
has been redesignated from a former statute number to one of
1040
those listed in this subsection, when the department has received
1041
verified information regarding such conviction; an offender's
1042
computerized criminal history record is not, in and of itself,
1043
verified information.
1044
Section 19. Paragraph (a) of subsection (1) of section
1045
944.607, Florida Statutes, is amended to read:
1046
944.607 Notification to Department of Law Enforcement of
1047
information on sexual offenders.--
1048
(1) As used in this section, the term:
1049
(a) "Sexual offender" means a person who is in the custody
1050
or control of, or under the supervision of, the department or is
1051
in the custody of a private correctional facility:
1052
1. On or after October 1, 1997, as a result of a conviction
1053
for committing, or attempting, soliciting, or conspiring to
1054
commit, any of the criminal offenses proscribed in the following
1055
statutes in this state or similar offenses in another
1057
the victim is a minor and the defendant is not the victim's
1062
985.701(1); or any similar offense committed in this state which
1063
has been redesignated from a former statute number to one of
1064
those listed in this paragraph; or
1065
2. Who establishes or maintains a residence in this state
1066
and who has not been designated as a sexual predator by a court
1067
of this state but who has been designated as a sexual predator,
1068
as a sexually violent predator, or by another sexual offender
1069
designation in another state or jurisdiction and was, as a result
1070
of such designation, subjected to registration or community or
1071
public notification, or both, or would be if the person were a
1072
resident of that state or jurisdiction, without regard as to
1073
whether the person otherwise meets the criteria for registration
1074
as a sexual offender.
1075
Section 20. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.