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A bill to be entitled

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An act relating to lewd or lascivious molestation;

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amending s. 775.082, F.S.; requiring life sentences for

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certain second or subsequent offenders; amending s.

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948.012, F.S.; conforming a cross-reference; reenacting s.

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800.04(5)(b), F.S., relating to lewd or lascivious

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offenses committed against persons less than 12 years of

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age, to incorporate the amendments made to s. 775.082,

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F.S., in a reference thereto; 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 (3) 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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     (3)  A person who has been convicted of any other designated

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felony may be punished as follows:

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     (a)1.  For a life felony committed prior to October 1, 1983,

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by a term of imprisonment for life or for a term of years not

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less than 30.

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     2.  For a life felony committed on or after October 1, 1983,

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by a term of imprisonment for life or by a term of imprisonment

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not exceeding 40 years.

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     3.  Except as provided in subparagraph 4., for a life felony

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committed on or after July 1, 1995, by a term of imprisonment for

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life or by imprisonment for a term of years not exceeding life

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imprisonment.

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     4.a. Except as provided in sub-subparagraph b., for a life

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felony committed on or after September 1, 2005, which is a

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violation of s. 800.04(5)(b), by:

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     (I)a. A term of imprisonment for life; or

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     (II)b. A split sentence that is a term of not less than 25

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years' imprisonment and not exceeding life imprisonment, followed

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by probation or community control for the remainder of the

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person's natural life, as provided in s. 948.012(4).

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     b. For a life felony committed on or after July 1, 2008,

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which is a person's second or subsequent violation of s.

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800.04(5)(b), by a term of imprisonment for life.

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     Section 2.  Subsection (4) of section 948.012, Florida

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Statutes, is amended to read:

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     948.012  Split sentence of probation or community control

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and imprisonment.--

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     (4)  Effective for offenses committed on or after September

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1, 2005, the court must impose a split sentence pursuant to

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subsection (1) for any person who is convicted of a life felony

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for lewd and lascivious molestation pursuant to s. 800.04(5)(b)

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if the court imposes a term of years in accordance with s.

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775.082(3)(a)4.a.(II)b. rather than life imprisonment. The

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probation or community control portion of the split sentence

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imposed by the court for a defendant must extend for the duration

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of the defendant's natural life and include a condition that he

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or she be electronically monitored.

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     Section 3.  For the purpose of incorporating the amendment

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made by this act to section 775.082, Florida Statutes, in a

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reference thereto, paragraph (b) of subsection (5) of section

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800.04, Florida Statutes, is reenacted to read:

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     800.04  Lewd or lascivious offenses committed upon or in the

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

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     (5)  LEWD OR LASCIVIOUS MOLESTATION.--

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

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or lascivious molestation against a victim less than 12 years of

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

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775.082(3)(a)4.

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     Section 4.  This act shall take effect July 1, 2008.