_h0605c1

CS/HB 605

A bill to be entitled

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

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

victim of a crime involving a victim of production,

possession, or promotion of child pornography; revising

provisions concerning use of victim pseudonyms to specify

that they may be used in civil and criminal proceedings;

amending s. 796.035, F.S., prohibiting persons from

selling minors knowing that as a result of the sale the

minor will perform naked for compensation; providing

penalties; amending s. 800.04, F.S., deleting specified

provisions relating to online lewd and lascivious

exhibitions; amending s. 847.0135, F.S.; adding specified

provisions relating to online lewd and lascivious

exhibitions; providing penalties; creating s. 847.002,

F.S.; requiring law enforcement officers to provide

certain information to the National Center for Missing and

Exploited Children; requiring law enforcement officers

submitting a case for prosecution that involves the

creation, possession, or promotion of child pornography to

provide specified information to prosecutors; requiring

prosecutors to enter specified information in a database

maintained by the Attorney General; creating s. 847.01357,

F.S.; providing a civil remedy for any person who, while

under the age of 18, was a victim of certain sexual abuse

crimes wherein any portion of that abuse was used in the

production of child pornography and who suffers personal

or psychological injury as a result of the production,

promotion, or possession of such images; specifying

damages; providing for limitation of actions; providing

for pseudonyms for specified claimants; precluding a

defense to certain civil actions; permitting the Attorney

General to pursue cases on behalf of Florida victims;

providing for disposition of damages and attorney's fees;

amending s. 960.03, F.S.; expanding the definition of

"crime" for purposes of victim compensation to include

violations of specified offenses relating to online sexual

exploitation and child pornography; defining the term

"known victim of child pornography;"; expanding the

definition of "victim" for purposes of victim compensation

to include a person less than 18 years of age who was

present at the scene of a crime, saw or heard the crime,

and suffered a psychiatric or psychological injury because

of the crime, but who was not physically injured; creating

s. 960.197, F.S.; authorizing victim compensation awards

to certain persons who suffer psychiatric or psychological

injury as a result of certain crimes; amending ss. 90.404,

92.565, 394.912, 409.2355, 775.082, 775.084, 775.15,

775.21, 784.048, 787.01, 787.02, 787.025, 794.065, 914.16,

921.0022, 921.244, 938.10, 943.04354, 947.1405, 948.03,

948.06, 948.101, 948.30, and 948.31, F.S.; conforming

provisions to changes made by the act; providing an

effective date.

WHEREAS, children who are sexually abused and then

exploited by the creation of permanent images of that sexual

abuse through child pornography are further harmed by the

continued possession, promotion, and distribution of those

images on the Internet, and

WHEREAS, the possession of child pornography is not a

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

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

this state at the time of their abuse, and

WHEREAS, victims of child pornography suffer repeated

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

by those individuals who engage in the collection and

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

exploitation, and

WHEREAS, victims of child pornography currently do not

receive notice, consideration, compensation, or any other rights

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

F.S., and

WHEREAS, victims of child pornography are entitled to be

heard and considered in any case involving the production,

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

these victims are due all the rights and protections afforded

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

Be It Enacted by the Legislature of the State of Florida:

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

Statutes, is amended to read:

92.56 Judicial proceedings and court records involving

sexual offenses.--

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

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

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

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

any crime involving the production, possession, or promotion of

child pornography as described in chapter 847, in all court

records and records of court proceedings, both civil and

criminal.

Section 2. Section 796.035, Florida Statutes, is amended

to read:

796.035 Selling or buying of minors into sex trafficking

or prostitution; penalties.--Any parent, legal guardian, or

other person having custody or control of a minor who sells or

otherwise transfers custody or control of such minor, or offers

to sell or otherwise transfer custody of such minor, with

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knowledge that, as a consequence of the sale or transfer, ~~force,~~

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~~fraud, or coercion will be used to cause~~ the minor will to

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engage in prostitution, perform naked for compensation, or

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otherwise participate in the trade of sex trafficking, commits a

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felony of the first degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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Section 3. Subsection (7) of section 800.04, Florida

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Statutes, is amended to read:

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800.04 Lewd or lascivious offenses committed upon or in

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

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(7) LEWD OR LASCIVIOUS EXHIBITION.--

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(a) A person who:

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1. Intentionally masturbates;

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2. Intentionally exposes the genitals in a lewd or

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lascivious manner; or

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3. Intentionally commits any other sexual act that does

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not involve actual physical or sexual contact with the victim,

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including, but not limited to, sadomasochistic abuse, sexual

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bestiality, or the simulation of any act involving sexual

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activity

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

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commits lewd or lascivious exhibition.

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~~(b) A person who:~~

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~~1. Intentionally masturbates;~~

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~~2. Intentionally exposes the genitals in a lewd or~~

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~~lascivious manner; or~~

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~~3. Intentionally commits any other sexual act that does~~

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~~not involve actual physical or sexual contact with the victim,~~

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~~including, but not limited to, sadomasochistic abuse, sexual~~

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~~bestiality, or the simulation of any act involving sexual~~

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~~activity~~

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

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~~bulletin board service and who knows or should know or has~~

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~~reason to believe that the transmission is viewed on a computer~~

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

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

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~~that an undercover operative or law enforcement officer was~~

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~~involved in the detection and investigation of an offense under~~

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~~this paragraph shall not constitute a defense to a prosecution~~

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~~under this paragraph.~~

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

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lewd or lascivious exhibition commits a felony of the second

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

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775.084.

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

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lewd or lascivious exhibition commits a felony of the third

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

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775.084.

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Section 4. Subsections (5), (6), and (7) of section

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

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

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that section, to read:

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847.0135 Computer pornography; traveling to meet minor;

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penalties.--

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(5) TRANSMISSIONS CONSTITUTING LEWD OR LASCIVIOUS

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EXHIBITION PROHIBITED.--

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(a) A person who:

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1. Intentionally masturbates;

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2. Intentionally exposes the genitals in a lewd or

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lascivious manner; or

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3. Intentionally commits any other sexual act that does

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not involve actual physical or sexual contact with the victim,

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including, but not limited to, sadomasochistic abuse, sexual

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bestiality, or the simulation of any act involving sexual

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activity,

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

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bulletin board service and who knows or should know or has

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reason to believe that the transmission is viewed on a computer

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

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16 years of age, commits lewd or lascivious exhibition in

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violation of this subsection. The fact that an undercover

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operative or law enforcement officer was involved in the

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detection and investigation of an offense under this subsection

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shall not constitute a defense to a prosecution under this

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subsection.

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

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lewd or lascivious exhibition using a computer commits a felony

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

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775.083, or s. 775.084.

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lewd or lascivious exhibition using a computer commits a felony

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

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775.083, or s. 775.084.

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

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any circumstance constitute a violation of this subsection.

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Section 5. Section 847.002, Florida Statutes, is created

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to read:

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847.002 Child pornography prosecutions.--

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

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criminal investigation, recovers images of child pornography

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shall do the following:

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(a) Provide such images and any information regarding the

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identity of a child depicted in such images to the National

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Center for Missing and Exploited Children, Child Victim

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Identification Program.

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(b) Request the law enforcement contact information from

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the National Center for Missing and Exploited Children, Child

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Victim Identification Program, for any images recovered that

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

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960.03.

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(2) Any law enforcement officer submitting a case for

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prosecution that involves the production, promotion, or

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possession of child pornography shall submit to the designated

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prosecutor the law enforcement contact information provided by

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the National Center for Missing and Exploited Children, Child

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Victim Identification Program, for any images involved in the

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case which contain the depiction of a known victim of child

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pornography as defined in s. 960.03.

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

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

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shall enter the following information into the Victims in Child

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Pornography Tracking Repeat Exploitation database maintained by

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the Office of the Attorney General:

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(a) The case number and agency file number.

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(b) The named defendant.

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

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(e) Contact information for the prosecutor assigned.

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

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possession of a victim impact statement and will use the

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statement in sentencing.

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Section 6. Section 847.01357, Florida Statutes, is created

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to read:

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847.01357 Exploited children's civil remedy.--

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

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

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

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

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suffers personal or psychological injury as a result of the

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

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an action in any appropriate state court against the producer,

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

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

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section, a prevailing plaintiff shall recover the actual damages

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such person sustained and the cost of the suit, including

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

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damages under this section shall be deemed to have sustained

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damages of no less than $150,000.

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(2) Notwithstanding any other provisions of law, any

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action commenced under this section must be filed within 3 years

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of the later of:

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(a) The conclusion of a related criminal case;

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

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enforcement of the creation, possession, or promotion of

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pornographic images; or

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years after the person reaches the age of 18.

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

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

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

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

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identifier shall be fully recognized in all courts in this state

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as a valid legal identity.

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

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this section that the respondent did not know the victim or

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commit the abuse depicted in any image of child pornography.

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(5) To prevent the further exploitation of victims for

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

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pursuant to agency approval, the Office of the Attorney General

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may pursue cases on behalf of any Florida victim under this

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

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victim, and the Office of the Attorney General may seek

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reasonable attorney's fees and costs as authorized under this

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section.

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Section 7. Paragraph (d) is added to subsection (3) of

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section 960.03, Florida Statutes, subsections (10) through (13)

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of that section are renumbered as subsections (11) through (14),

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

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

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

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

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(3) "Crime" means:

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

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or s. 847.0138, related to online sexual exploitation and child

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pornography.

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

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

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child pornography and who has been identified through a report

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generated by a member of law enforcement and provided to the

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National Center for Missing and Exploited Children's Child

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Victim Identification Program.

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(14)~~(13)~~ "Victim" means:

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

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as a direct result of a crime;

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

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

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psychiatric or psychological injury because of the crime, but

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who was not physically injured; or

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and who suffers a psychiatric or psychological injury as a

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

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personal physical injury or death.

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Section 8. Section 960.197, Florida Statutes, is created

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to read:

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960.197 Assistance to victims of online sexual

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exploitation and child pornography.--

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

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for crime victim compensation awards, the department may award

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compensation for counseling and other mental health services to

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treat psychological injury or trauma to:

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

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psychiatric or psychological injury as a direct result of online

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

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

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otherwise sustain a personal injury or death; or

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

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

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

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by law enforcement or the National Center for Missing and

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Exploited Children as a known victim of child pornography, who

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suffers psychiatric or psychological injury as a direct result

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

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injury or death.

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(2) Compensation under this section is not contingent upon

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pursuit of a criminal investigation or prosecution.

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Section 9. Paragraph (b) of subsection (2) of section

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90.404, Florida Statutes, is amended to read:

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90.404 Character evidence; when admissible.--

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

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

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with a crime involving child molestation, evidence of the

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

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molestation is admissible, and may be considered for its bearing

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on any matter to which it is relevant.

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

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

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

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years of age or younger.

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Section 10. Subsection (2) of section 92.565, Florida

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Statutes, is amended to read:

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92.565 Admissibility of confession in sexual abuse

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cases.--

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

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

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

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

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

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

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commit any of these crimes, the defendant's memorialized

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confession or admission is admissible during trial without the

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

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finds in a hearing conducted outside the presence of the jury

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

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

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defendant's confession or admission is trustworthy. Factors

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which may be relevant in determining whether the state is unable

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

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

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committed, the victim was:

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(a) Physically helpless, mentally incapacitated, or

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

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

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other cause; or

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Section 11. Paragraph (e) of subsection (9) of section

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394.912, Florida Statutes, is amended to read:

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

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(9) "Sexually violent offense" means:

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

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

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847.0135(5);

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Section 12. Section 409.2355, Florida Statutes, is amended

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to read:

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409.2355 Programs for prosecution of males over age 21 who

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

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to specific appropriated funds, the Department of Children and

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Family Services is directed to establish a program by which

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

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judicial circuit, may apply for grants to fund innovative

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

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

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

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Section 13. Paragraph (a) of subsection (9) of section

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775.082, Florida Statutes, is amended to read:

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775.082 Penalties; applicability of sentencing structures;

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mandatory minimum sentences for certain reoffenders previously

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released from prison.--

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

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who commits, or attempts to commit:

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a. Treason;

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b. Murder;

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c. Manslaughter;

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d. Sexual battery;

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e. Carjacking;

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f. Home-invasion robbery;

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g. Robbery;

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h. Arson;

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i. Kidnapping;

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j. Aggravated assault with a deadly weapon;

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k. Aggravated battery;

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l. Aggravated stalking;

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m. Aircraft piracy;

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n. Unlawful throwing, placing, or discharging of a

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destructive device or bomb;

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

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force or violence against an individual;

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p. Armed burglary;

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q. Burglary of a dwelling or burglary of an occupied

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structure; or

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

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

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within 3 years after being released from a state correctional

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facility operated by the Department of Corrections or a private

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vendor or within 3 years after being released from a

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correctional institution of another state, the District of

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

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United States, or any foreign jurisdiction, following

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incarceration for an offense for which the sentence is

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punishable by more than 1 year in this state.

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2. "Prison releasee reoffender" also means any defendant

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

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

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prison sentence or on escape status from a state correctional

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facility operated by the Department of Corrections or a private

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vendor or while the defendant was on escape status from a

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correctional institution of another state, the District of

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

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United States, or any foreign jurisdiction, following

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incarceration for an offense for which the sentence is

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punishable by more than 1 year in this state.

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

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prison releasee reoffender as defined in subparagraph 1., the

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state attorney may seek to have the court sentence the defendant

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as a prison releasee reoffender. Upon proof from the state

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attorney that establishes by a preponderance of the evidence

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that a defendant is a prison releasee reoffender as defined in

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this section, such defendant is not eligible for sentencing

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under the sentencing guidelines and must be sentenced as

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follows:

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

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imprisonment for life;

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

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imprisonment of 30 years;

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

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imprisonment of 15 years; and

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

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imprisonment of 5 years.

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Section 14. Paragraph (d) of subsection (1) of section

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775.084, Florida Statutes, is amended to read:

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775.084 Violent career criminals; habitual felony

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offenders and habitual violent felony offenders; three-time

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violent felony offenders; definitions; procedure; enhanced

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penalties or mandatory minimum prison terms.--

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(1) As used in this act:

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

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

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if it finds that:

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1. The defendant has previously been convicted as an adult

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

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qualified offense that is:

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

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

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(4);

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

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d. Aggravated abuse of an elderly person or disabled

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

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e. Lewd or lascivious battery, lewd or lascivious

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molestation, lewd or lascivious conduct, or lewd or lascivious

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

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

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

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possession of a firearm.

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2. The defendant has been incarcerated in a state prison

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or a federal prison.

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3. The primary felony offense for which the defendant is

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

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

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a. While the defendant was serving a prison sentence or

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other sentence, or court-ordered or lawfully imposed supervision

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

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enumerated felony; or

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

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

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release from a prison sentence, probation, community control,

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

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or lawfully imposed supervision or other sentence that is

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imposed as a result of a prior conviction for an enumerated

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felony, whichever is later.

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

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or other qualified offense that is necessary for the operation

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of this paragraph.

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5. A conviction of a felony or other qualified offense

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necessary to the operation of this paragraph has not been set

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aside in any postconviction proceeding.

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Section 15. Paragraph (a) of subsection (13) and paragraph

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

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amended to read:

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775.15 Time limitations; general time limitations;

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exceptions.--

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

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

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

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

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

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enforcement agency or other governmental agency, whichever

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occurs earlier. Such law enforcement agency or other

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governmental agency shall promptly report such allegation to the

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state attorney for the judicial circuit in which the alleged

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

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

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within 72 hours after its commission, the prosecution for such

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

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any such offense except an offense the prosecution of which

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

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31, 1984.

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

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

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

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the accused is established, or should have been established by

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the exercise of due diligence, through the analysis of

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

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the evidence collected at the time of the original investigation

516

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

517

accused:

518

1. Aggravated battery or any felony battery offense under

519

chapter 784.

520

2. Kidnapping under s. 787.01 or false imprisonment under

521

s. 787.02.

522

3. An offense of sexual battery under chapter 794.

523

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

524

825.1025, or s. 847.0135(5).

525

5. A burglary offense under s. 810.02.

526

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

527

812.135.

528

7. Carjacking under s. 812.133.

529

8. Aggravated child abuse under s. 827.03.

530

Section 16. Paragraph (a) of subsection (4) and paragraph

531

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

532

amended to read:

533

775.21 The Florida Sexual Predators Act.--

534

(4) SEXUAL PREDATOR CRITERIA.--

535

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

536

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

537

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

538

registration under subsection (6) and community and public

539

notification under subsection (7) if:

540

1. The felony is:

541

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

542

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

543

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

544

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

545

violation of a similar law of another jurisdiction; or

546

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

547

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

548

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

549

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

550

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

551

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

552

similar law of another jurisdiction, and the offender has

553

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

554

pled nolo contendere or guilty to, regardless of adjudication,

555

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

556

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

557

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

558

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

559

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

560

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

561

similar law of another jurisdiction;

562

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

563

or similar law of another jurisdiction that is necessary for the

564

operation of this paragraph; and

565

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

566

jurisdiction necessary to the operation of this paragraph has

567

not been set aside in any postconviction proceeding.

568

(10) PENALTIES.--

569

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

570

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

571

regardless of adjudication, any violation, or attempted

572

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

573

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

574

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

575

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

576

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

577

violation of a similar law of another jurisdiction when the

578

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

579

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

580

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

581

regularly congregate, commits a felony of the third degree,

582

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

583

Section 17. Subsections (7) and (8) of section 784.048,

584

Florida Statutes, are amended to read:

585

784.048 Stalking; definitions; penalties.--

586

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

587

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

588

prohibited from contacting the victim of the offense under s.

589

921.244, willfully, maliciously, and repeatedly follows,

590

harasses, or cyberstalks the victim commits the offense of

591

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

592

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

593

(8) The punishment imposed under this section shall run

594

consecutive to any former sentence imposed for a conviction for

595

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

596

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

597

787.01, Florida Statutes, is amended to read:

598

787.01 Kidnapping; kidnapping of child under age 13,

599

aggravating circumstances.--

600

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

601

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

602

the offense, commits one or more of the following:

603

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

604

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

605

child;

606

3. Lewd or lascivious battery, lewd or lascivious

607

molestation, lewd or lascivious conduct, or lewd or lascivious

608

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

609

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

610

prostitution, upon the child; or

611

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

612

exploited, in violation of s. 450.151,

613

614

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

615

775.083, or s. 775.084.

616

Section 19. Paragraph (a) of subsection (3) of section

617

787.02, Florida Statutes, is amended to read:

618

787.02 False imprisonment; false imprisonment of child

619

under age 13, aggravating circumstances.--

620

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

621

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

622

course of committing the offense, commits any offense enumerated

623

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

624

punishable by imprisonment for a term of years not exceeding

625

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

626

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

627

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

628

child;

629

3. Lewd or lascivious battery, lewd or lascivious

630

molestation, lewd or lascivious conduct, or lewd or lascivious

631

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

632

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

633

prostitution, upon the child; or

634

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

635

exploited, in violation of s. 450.151.

636

Section 20. Paragraph (c) of subsection (2) of section

637

787.025, Florida Statutes, is amended to read:

638

787.025 Luring or enticing a child.--

639

(2)

640

641

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

642

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

643

another jurisdiction, intentionally lures or entices, or

644

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

645

structure, dwelling, or conveyance for other than a lawful

646

purpose commits a felony of the third degree, punishable as

647

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

648

Section 21. Section 794.065, Florida Statutes, is amended

649

to read:

650

794.065 Unlawful place of residence for persons convicted

651

of certain sex offenses.--

652

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

653

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

654

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

655

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

656

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

657

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

658

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

659

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

660

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

661

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

662

775.083. A person who violates this section and whose conviction

663

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

664

847.0145 was classified as a felony of the second or third

665

degree commits a misdemeanor of the first degree, punishable as

666

provided in s. 775.082 or s. 775.083.

667

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

668

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

669

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

670

2004.

671

Section 22. Section 914.16, Florida Statutes, is amended

672

to read:

673

914.16 Child abuse and sexual abuse of victims under age

674

16 or persons with mental retardation; limits on

675

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

676

consultation with the state attorney and the public defender for

677

the judicial circuit, the appropriate chief law enforcement

678

officer, and any other person deemed appropriate by the chief

679

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

680

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

681

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

682

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

683

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

684

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

685

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

686

protect the victim from the psychological damage of repeated

687

interrogations while preserving the rights of the public, the

688

victim, and the person charged with the violation.

689

Section 23. Paragraphs (d) and (e) of subsection (3) of

690

section 921.0022, Florida Statutes, are amended to read:

691

921.0022 Criminal Punishment Code; offense severity

692

ranking chart.--

693

(3) OFFENSE SEVERITY RANKING CHART

694

(d) LEVEL 4

695

FloridaStatute

FelonyDegree

Description

696

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.

697

499.0051(1)

3rd

Failure to maintain or deliver pedigree papers.

698

499.0051(2)

3rd

Failure to authenticate pedigree papers.

699

499.0051(6)

2nd

Sale or delivery, or possession with intent to sell, contraband legend drugs.

700

784.07(2)(b)

3rd

Battery of law enforcement officer, firefighter, intake officer, etc.

701

784.074(1)(c)

3rd

Battery of sexually violent predators facility staff.

702

784.075

3rd

Battery on detention or commitment facility staff.

703

784.078

3rd

Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.

704

784.08(2)(c)

3rd

Battery on a person 65 years of age or older.

705

784.081(3)

3rd

Battery on specified official or employee.

706

784.082(3)

3rd

Battery by detained person on visitor or other detainee.

707

784.083(3)

3rd

Battery on code inspector.

708

784.085

3rd

Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.

709

787.03(1)

3rd

Interference with custody; wrongly takes minor from appointed guardian.

710

787.04(2)

3rd

Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.

711

787.04(3)

3rd

Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.

712

790.115(1)

3rd

Exhibiting firearm or weapon within 1,000 feet of a school.

713

790.115(2)(b)

3rd

Possessing electric weapon or device, destructive device, or other weapon on school property.

714

790.115(2)(c)

3rd

Possessing firearm on school property.

715

800.04(7)(c)~~(d)~~

3rd

Lewd or lascivious exhibition; offender less than 18 years.

716

810.02(4)(a)

3rd

Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

717

810.02(4)(b)

3rd

Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.

718

810.06

3rd

Burglary; possession of tools.

719

810.08(2)(c)

3rd

Trespass on property, armed with firearm or dangerous weapon.

720

812.014(2)(c)3.

3rd

Grand theft, 3rd degree $10,000 or more but less than $20,000.

721

812.014(2)(c)4.-10.

3rd

Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.

722

812.0195(2)

3rd

Dealing in stolen property by use of the Internet; property stolen $300 or more.

723

817.563(1)

3rd

Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.

724

817.568(2)(a)

3rd

Fraudulent use of personal identification information.

725

817.625(2)(a)

3rd

Fraudulent use of scanning device or reencoder.

726

828.125(1)

2nd

Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.

727

837.02(1)

3rd

Perjury in official proceedings.

728

837.021(1)

3rd

Make contradictory statements in official proceedings.

729

838.022

3rd

Official misconduct.

730

839.13(2)(a)

3rd

Falsifying records of an individual in the care and custody of a state agency.

731

839.13(2)(c)

3rd

Falsifying records of the Department of Children and Family Services.

732

843.021

3rd

Possession of a concealed handcuff key by a person in custody.

733

843.025

3rd

Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.

734

843.15(1)(a)

3rd

Failure to appear while on bail for felony (bond estreature or bond jumping).

735

847.0135(5)(c)

3rd

Lewd or lascivious exhibition using computer; offender less than 18 years.

736

874.05(1)

3rd

Encouraging or recruiting another to join a criminal street gang.

737

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).

738

914.14(2)

3rd

Witnesses accepting bribes.

739

914.22(1)

3rd

Force, threaten, etc., witness, victim, or informant.

740

914.23(2)

3rd

Retaliation against a witness, victim, or informant, no bodily injury.

741

918.12

3rd

Tampering with jurors.

742

934.215

3rd

Use of two-way communications device to facilitate commission of a crime.

743

744

(e) LEVEL 5

745

FloridaStatute

FelonyDegree

Description

746

316.027(1)(a)

3rd

Accidents involving personal injuries, failure to stop; leaving scene.

747

316.1935(4)(a)

2nd

Aggravated fleeing or eluding.

748

322.34(6)

3rd

Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

749

327.30(5)

3rd

Vessel accidents involving personal injury; leaving scene.

750

381.0041(11)(b)

3rd

Donate blood, plasma, or organs knowing HIV positive.

751

440.10(1)(g)

2nd

Failure to obtain workers' compensation coverage.

752

440.105(5)

2nd

Unlawful solicitation for the purpose of making workers' compensation claims.

753

440.381(2)

2nd

Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.

754

624.401(4)(b)2.

2nd

Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

755

626.902(1)(c)

2nd

Representing an unauthorized insurer; repeat offender.

756

790.01(2)

3rd

Carrying a concealed firearm.

757

790.162

2nd

Threat to throw or discharge destructive device.

758

790.163(1)

2nd

False report of deadly explosive or weapon of mass destruction.

759

790.221(1)

2nd

Possession of short-barreled shotgun or machine gun.

760

790.23

2nd

Felons in possession of firearms, ammunition, or electronic weapons or devices.

761

800.04(6)(c)

3rd

Lewd or lascivious conduct; offender less than 18 years.

762

800.04(7)(b)~~(c)~~

2nd

Lewd or lascivious exhibition; offender 18 years or older.

763

806.111(1)

3rd

Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

764

812.0145(2)(b)

2nd

Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

765

812.015(8)

3rd

Retail theft; property stolen is valued at $300 or more and one or more specified acts.

766

812.019(1)

2nd

Stolen property; dealing in or trafficking in.

767

812.131(2)(b)

3rd

Robbery by sudden snatching.

768

812.16(2)

3rd

Owning, operating, or conducting a chop shop.

769

817.034(4)(a)2.

2nd

Communications fraud, value $20,000 to $50,000.

770

817.234(11)(b)

2nd

Insurance fraud; property value $20,000 or more but less than $100,000.

771

817.2341(1),(2)(a)&(3)(a)

3rd

Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.

772

817.568(2)(b)

2nd

Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.

773

817.625(2)(b)

2nd

Second or subsequent fraudulent use of scanning device or reencoder.

774

825.1025(4)

3rd

Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

775

827.071(4)

2nd

Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

776

827.071(5)

3rd

Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.

777

839.13(2)(b)

2nd

Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.

778

843.01

3rd

Resist officer with violence to person; resist arrest with violence.

779

847.0135(5)(b)

2nd

Lewd or lascivious exhibition using computer; offender 18 years or older.

780

847.0137(2)&(3)

3rd

Transmission of pornography by electronic device or equipment.

781

847.0138(2)&(3)

3rd

Transmission of material harmful to minors to a minor by electronic device or equipment.

782

874.05(2)

2nd

Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.

783

893.13(1)(a)1.

2nd

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

784

893.13(1)(c)2.

2nd

Sell, manufacture, or deliver cannabis (or other 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) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

785

893.13(1)(d)1.

1st

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.

786

893.13(1)(e)2.

2nd

Sell, manufacture, or deliver cannabis or other drug prohibited under 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) within 1,000 feet of property used for religious services or a specified business site.

787

893.13(1)(f)1.

1st

Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.

788

893.13(4)(b)

2nd

Deliver to minor cannabis (or other 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).

789

790

Section 24. Subsections (1) and (3) of section 921.244,

791

Florida Statutes, are amended to read:

792

921.244 Order of no contact; penalties.--

793

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

794

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

795

court shall order that the offender be prohibited from having

796

any contact with the victim, directly or indirectly, including

797

through a third person, for the duration of the sentence

798

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

799

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

800

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

801

court shall conduct an evidentiary hearing to determine whether

802

a change of circumstances has occurred which warrants a change

803

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

804

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

805

rescinded.

806

(3) The punishment imposed under this section shall run

807

consecutive to any former sentence imposed for a conviction for

808

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

809

Section 25. Subsection (1) of section 938.10, Florida

810

Statutes, is amended to read:

811

938.10 Additional court cost imposed in cases of certain

812

crimes against minors.--

813

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

814

found guilty of, regardless of adjudication, any offense against

815

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

816

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

817

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

818

the offender in addition to any other cost or penalty required

819

by law.

820

Section 26. Subsections (1), (2), and (4) of section

821

943.04354, Florida Statutes, are amended to read:

822

943.04354 Removal of the requirement to register as a

823

sexual offender or sexual predator in special circumstances.--

824

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

825

considered for removal of the requirement to register as a

826

sexual offender or sexual predator only if the person:

827

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

828

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

829

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

830

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

831

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

832

adjudication of delinquency, or withhold of adjudication of

833

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

834

847.0135(5);

835

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

836

predator solely on the basis of this violation; and

837

838

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

839

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

840

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

841

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

842

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

843

court that will sentence or dispose of this violation to remove

844

the requirement that the person register as a sexual offender or

845

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

846

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

847

registration requirement will not conflict with federal law. The

848

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

849

days before the date of sentencing or disposition of this

850

violation and may present evidence in opposition to the

851

requested relief or may otherwise demonstrate why the motion

852

should be denied. At sentencing or disposition of this

853

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

854

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

855

the removal of the registration requirement will not conflict

856

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

857

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

858

the person is not authorized under this section to petition for

859

removal of the registration requirement.

860

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

861

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

862

requirement that the person register as a sexual offender or

863

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

864

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

865

to the person and the department shall remove all information

866

about the person from the public registry of sexual offenders

867

and sexual predators maintained by the department. However, the

868

removal of this information from the public registry does not

869

mean that the public is denied access to information about the

870

person's criminal history or record that is otherwise available

871

as a public record.

872

Section 27. Subsection (7) of section 947.1405, Florida

873

Statutes, is amended to read:

874

947.1405 Conditional release program.--

875

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

876

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

877

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

878

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

879

847.0145, and is subject to conditional release supervision,

880

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

881

following special conditions imposed by the commission:

882

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

883

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

884

employment precludes the above specified time, and such

885

alternative is recommended by the Department of Corrections. If

886

the commission determines that imposing a curfew would endanger

887

the victim, the commission may consider alternative sanctions.

888

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

889

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

890

playground, designated public school bus stop, or other place

891

where children regularly congregate. A releasee who is subject

892

to this subparagraph may not relocate to a residence that is

893

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

894

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

895

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

896

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

897

other place where children regularly congregate for any releasee

898

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

899

department shall notify each affected school district of the

900

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

901

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

902

shall notify any affected school district of the residence of

903

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

904

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

905

the existing residence of such releasee, the district school

906

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

907

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

908

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

909

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

910

district school board to comply with this subparagraph shall not

911

result in a violation of conditional release supervision.

912

3. Active participation in and successful completion of a

913

sex offender treatment program with qualified practitioners

914

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

915

own expense. If a qualified practitioner is not available within

916

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

917

participate in other appropriate therapy.

918

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

919

or indirectly, including through a third person, unless approved

920

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

921

court.

922

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

923

against contact with children under the age of 18 without review

924

and approval by the commission. The commission may approve

925

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

926

approval is based upon a recommendation for contact issued by a

927

qualified practitioner who is basing the recommendation on a

928

risk assessment. Further, the sex offender must be currently

929

enrolled in or have successfully completed a sex offender

930

therapy program. The commission may not grant supervised contact

931

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

932

practitioner and may deny supervised contact with a child at any

933

time. When considering whether to approve supervised contact

934

with a child, the commission must review and consider the

935

following:

936

a. A risk assessment completed by a qualified

937

practitioner. The qualified practitioner must prepare a written

938

report that must include the findings of the assessment and

939

address each of the following components:

940

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

941

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

942

apparent sexual motivation;

943

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

944

apparent sexual motivation;

945

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

946

whenever available;

947

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

948

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

949

most recent treating, therapist;

950

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

951

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

952

history as provided by the Department of Corrections;

953

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

954

and work history;

955

(IX) The results of current psychological testing of the

956

sex offender if determined necessary by the qualified

957

practitioner;

958

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

959

location, frequency, duration, and supervisory arrangement;

960

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

961

with the proposed contact, when age-appropriate;

962

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

963

regarding the proposed contact; and

964

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

965

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

966

would likely pose significant risk of emotional or physical harm

967

to the child.

968

969

The written report of the assessment must be given to the

970

commission.

971

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

972

report as to whether supervised contact with the child should be

973

approved;

974

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

975

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

976

offender, agreeing to the sex offender having supervised contact

977

with the child after receiving full disclosure of the sex

978

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

979

results of the risk assessment. The commission may not approve

980

contact with the child if the parent or legal guardian refuses

981

to give written consent for supervised contact;

982

d. A safety plan prepared by the qualified practitioner,

983

who provides treatment to the offender, in collaboration with

984

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

985

child, when age appropriate, which details the acceptable

986

conditions of contact between the sex offender and the child.

987

The safety plan must be reviewed and approved by the Department

988

of Corrections before being submitted to the commission; and

989

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

990

the parent or legal guardian is not the sex offender,

991

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

992

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

993

constant supervision any time the child is in contact with the

994

offender.

995

996

The commission may not appoint a person to conduct a risk

997

assessment and may not accept a risk assessment from a person

998

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

999

met the requirements of a qualified practitioner as defined in

1000

this section.

1001

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

1002

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

1003

center, park, playground, or other place where children

1004

regularly congregate, as prescribed by the commission.

1005

7. Unless otherwise indicated in the treatment plan

1006

provided by the sexual offender treatment program, a prohibition

1007

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

1008

sexually stimulating visual or auditory material, including

1009

telephone, electronic media, computer programs, or computer

1010

services that are relevant to the offender's deviant behavior

1011

pattern.

1012

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

1013

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

1014

other computer services until the offender's sex offender

1015

treatment program, after a risk assessment is completed,

1016

approves and implements a safety plan for the offender's

1017

accessing or using the Internet or other computer services.

1018

9. A requirement that the releasee must submit two

1019

specimens of blood to the Florida Department of Law Enforcement

1020

to be registered with the DNA database.

1021

10. A requirement that the releasee make restitution to

1022

the victim, as determined by the sentencing court or the

1023

commission, for all necessary medical and related professional

1024

services relating to physical, psychiatric, and psychological

1025

care.

1026

11. Submission to a warrantless search by the community

1027

control or probation officer of the probationer's or community

1028

controllee's person, residence, or vehicle.

1029

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

1030

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

1031

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

1032

conditional release supervision, in addition to any other

1033

provision of this subsection, the commission shall impose the

1034

following additional conditions of conditional release

1035

supervision:

1036

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

1037

minimum of one annual polygraph examination to obtain

1038

information necessary for risk management and treatment and to

1039

reduce the sex offender's denial mechanisms. The polygraph

1040

examination must be conducted by a polygrapher trained

1041

specifically in the use of the polygraph for the monitoring of

1042

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

1043

offender. The results of the polygraph examination shall not be

1044

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

1045

supervision has occurred.

1046

2. Maintenance of a driving log and a prohibition against

1047

driving a motor vehicle alone without the prior approval of the

1048

supervising officer.

1049

3. A prohibition against obtaining or using a post office

1050

box without the prior approval of the supervising officer.

1051

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

1052

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

1053

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

1054

parent or guardian.

1055

5. Electronic monitoring of any form when ordered by the

1056

commission.

1057

Section 28. Subsection (2) of section 948.03, Florida

1058

Statutes, is amended to read:

1059

948.03 Terms and conditions of probation.--

1060

(2) The enumeration of specific kinds of terms and

1061

conditions shall not prevent the court from adding thereto such

1062

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

1063

court may only impose a condition of supervision allowing an

1064

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

1065

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

1066

order stipulates that it is contingent upon the approval of the

1067

receiving state interstate compact authority. The court may

1068

rescind or modify at any time the terms and conditions

1069

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

1070

court withholds adjudication of guilt or imposes a period of

1071

incarceration as a condition of probation, the period shall not

1072

exceed 364 days, and incarceration shall be restricted to either

1073

a county facility, a probation and restitution center under the

1074

jurisdiction of the Department of Corrections, a probation

1075

program drug punishment phase I secure residential treatment

1076

institution, or a community residential facility owned or

1077

operated by any entity providing such services.

1078

Section 29. Paragraph (c) of subsection (8) of section

1079

948.06, Florida Statutes, is amended to read:

1080

948.06 Violation of probation or community control;

1081

revocation; modification; continuance; failure to pay

1082

restitution or cost of supervision.--

1083

(8)

1084

1085

offense" means any of the following:

1086

1. Kidnapping or attempted kidnapping under s. 787.01,

1087

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

1088

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

1089

or (c).

1090

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

1091

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

1092

3. Aggravated battery or attempted aggravated battery

1093

under s. 784.045.

1094

4. Sexual battery or attempted sexual battery under s.

1095

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

1096

5. Lewd or lascivious battery or attempted lewd or

1097

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

1098

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

1099

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

1100

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

1101

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

1102

6. Robbery or attempted robbery under s. 812.13,

1103

carjacking or attempted carjacking under s. 812.133, or home

1104

invasion robbery or attempted home invasion robbery under s.

1105

812.135.

1106

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

1107

an elderly or disabled person or attempted lewd or lascivious

1108

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

1109

under s. 825.1025.

1110

8. Sexual performance by a child or attempted sexual

1111

performance by a child under s. 827.071.

1112

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

1113

transmission of child pornography under s. 847.0137, or selling

1114

or buying of minors under s. 847.0145.

1115

10. Poisoning food or water under s. 859.01.

1116

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

1117

12. Any burglary offense or attempted burglary offense

1118

that is either a first degree felony or second degree felony

1119

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

1120

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

1121

14. Aggravated assault under s. 784.021.

1122

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

1123

(7).

1124

16. Aircraft piracy under s. 860.16.

1125

17. Unlawful throwing, placing, or discharging of a

1126

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

1127

18. Treason under s. 876.32.

1128

19. Any offense committed in another jurisdiction which

1129

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

1130

been committed in this state.

1131

Section 30. Subsection (2) of section 948.101, Florida

1132

Statutes, is amended to read:

1133

948.101 Terms and conditions of community control and

1134

criminal quarantine community control.--

1135

(2) The enumeration of specific kinds of terms and

1136

conditions does not prevent the court from adding thereto any

1137

other terms or conditions that the court considers proper.

1138

However, the sentencing court may only impose a condition of

1139

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

1140

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

1141

another state if the order stipulates that it is contingent upon

1142

the approval of the receiving state interstate compact

1143

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

1144

and conditions theretofore imposed by it upon the offender in

1145

community control. However, if the court withholds adjudication

1146

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

1147

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

1148

incarceration shall be restricted to a county facility, a

1149

probation and restitution center under the jurisdiction of the

1150

Department of Corrections, a probation program drug punishment

1151

phase I secure residential treatment institution, or a community

1152

residential facility owned or operated by any entity providing

1153

such services.

1154

Section 31. Subsections (1) and (2) of section 948.30,

1155

Florida Statutes, are amended to read:

1156

948.30 Additional terms and conditions of probation or

1157

community control for certain sex offenses.--Conditions imposed

1158

pursuant to this section do not require oral pronouncement at

1159

the time of sentencing and shall be considered standard

1160

conditions of probation or community control for offenders

1161

specified in this section.

1162

(1) Effective for probationers or community controllees

1163

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

1164

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

1165

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

1166

must impose the following conditions in addition to all other

1167

standard and special conditions imposed:

1168

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

1169

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

1170

precludes the above specified time, and the alternative is

1171

recommended by the Department of Corrections. If the court

1172

determines that imposing a curfew would endanger the victim, the

1173

court may consider alternative sanctions.

1174

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

1175

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

1176

playground, or other place where children regularly congregate,

1177

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

1178

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

1179

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

1180

center, park, playground, or other place where children

1181

congregate. The distance may not be measured by a pedestrian

1182

route or automobile route.

1183

1184

sex offender treatment program with qualified practitioners

1185

specifically trained to treat sex offenders, at the

1186

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

1187

qualified practitioner is not available within a 50-mile radius

1188

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

1189

offender shall participate in other appropriate therapy.

1190

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

1191

or indirectly, including through a third person, unless approved

1192

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

1193

court.

1194

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

1195

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

1196

in this paragraph. The court may approve supervised contact with

1197

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

1198

recommendation for contact issued by a qualified practitioner

1199

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

1200

the sex offender must be currently enrolled in or have

1201

successfully completed a sex offender therapy program. The court

1202

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

1203

not recommended by a qualified practitioner and may deny

1204

supervised contact with a child at any time. When considering

1205

whether to approve supervised contact with a child, the court

1206

must review and consider the following:

1207

1. A risk assessment completed by a qualified

1208

practitioner. The qualified practitioner must prepare a written

1209

report that must include the findings of the assessment and

1210

address each of the following components:

1211

a. The sex offender's current legal status;

1212

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

1213

apparent sexual motivation;

1214

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

1215

apparent sexual motivation;

1216

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

1217

whenever available;

1218

e. The sex offender's offender treatment history,

1219

including consultations with the sex offender's treating, or

1220

most recent treating, therapist;

1221

f. The sex offender's current mental status;

1222

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

1223

treatment history as provided by the Department of Corrections;

1224

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

1225

work history;

1226

i. The results of current psychological testing of the sex

1227

offender if determined necessary by the qualified practitioner;

1228

j. A description of the proposed contact, including the

1229

location, frequency, duration, and supervisory arrangement;

1230

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

1231

the proposed contact, when age appropriate;

1232

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

1233

the proposed contact; and

1234

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

1235

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

1236

likely pose significant risk of emotional or physical harm to

1237

the child.

1238

1239

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

1240

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

1241

report as to whether supervised contact with the child should be

1242

approved;

1243

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

1244

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

1245

offender, agreeing to the sex offender having supervised contact

1246

with the child after receiving full disclosure of the sex

1247

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

1248

results of the risk assessment. The court may not approve

1249

contact with the child if the parent or legal guardian refuses

1250

to give written consent for supervised contact;

1251

4. A safety plan prepared by the qualified practitioner,

1252

who provides treatment to the offender, in collaboration with

1253

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

1254

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

1255

when age appropriate, which details the acceptable conditions of

1256

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

1257

must be reviewed and approved by the court; and

1258

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

1259

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

1260

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

1261

constant supervision any time the child is in contact with the

1262

offender.

1263

1264

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

1265

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

1266

demonstrated to the court that he or she has met the

1267

requirements of a qualified practitioner as defined in this

1268

section.

1269

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

1270

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

1271

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

1272

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

1273

zoos, theme parks, and malls.

1274

(g) Unless otherwise indicated in the treatment plan

1275

provided by the sexual offender treatment program, a prohibition

1276

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

1277

pornographic, or sexually stimulating visual or auditory

1278

material, including telephone, electronic media, computer

1279

programs, or computer services that are relevant to the

1280

offender's deviant behavior pattern.

1281

(h) Effective for probationers and community controllees

1282

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

1283

on accessing the Internet or other computer services until the

1284

offender's sex offender treatment program, after a risk

1285

assessment is completed, approves and implements a safety plan

1286

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

1287

computer services.

1288

(i) A requirement that the probationer or community

1289

controllee must submit a specimen of blood or other approved

1290

biological specimen to the Department of Law Enforcement to be

1291

registered with the DNA data bank.

1292

(j) A requirement that the probationer or community

1293

controllee make restitution to the victim, as ordered by the

1294

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

1295

professional services relating to physical, psychiatric, and

1296

psychological care.

1297

(k) Submission to a warrantless search by the community

1298

control or probation officer of the probationer's or community

1299

controllee's person, residence, or vehicle.

1300

(2) Effective for a probationer or community controllee

1301

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

1302

is placed on community control or sex offender probation for a

1303

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

1304

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

1305

section, the court must impose the following conditions of

1306

probation or community control:

1307

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

1308

annually in polygraph examinations to obtain information

1309

necessary for risk management and treatment and to reduce the

1310

sex offender's denial mechanisms. A polygraph examination must

1311

be conducted by a polygrapher trained specifically in the use of

1312

the polygraph for the monitoring of sex offenders, where

1313

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

1314

results of the polygraph examination shall not be used as

1315

evidence in court to prove that a violation of community

1316

supervision has occurred.

1317

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

1318

driving a motor vehicle alone without the prior approval of the

1319

supervising officer.

1320

1321

box without the prior approval of the supervising officer.

1322

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

1323

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

1324

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

1325

parent or guardian.

1326

(e) Electronic monitoring when deemed necessary by the

1327

community control or probation officer and his or her

1328

supervisor, and ordered by the court at the recommendation of

1329

the Department of Corrections.

1330

Section 32. Subsection (1) of section 948.31, Florida

1331

Statutes, is amended to read:

1332

948.31 Diagnosis, evaluation, and treatment of offenders

1333

placed on probation or community control for certain sex

1334

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

1335

diagnosis and evaluation to determine the need of a probationer

1336

or offender in community control for treatment. If the court

1337

determines that a need therefor is established by such diagnosis

1338

and evaluation process, the court shall require outpatient

1339

counseling as a term or condition of probation or community

1340

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

1341

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

1342

the following was accepted by the court:

1343

(1) Lewd or lascivious battery, lewd or lascivious

1344

molestation, lewd or lascivious conduct, or lewd or lascivious

1345

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

1346

1347

Such counseling shall be required to be obtained from a

1348

community mental health center, a recognized social service

1349

agency providing mental health services, or a private mental

1350

health professional or through other professional counseling.

1351

The plan for counseling for the individual shall be provided to

1352

the court for review.

1353

Section 33. This act shall take effect October 1, 2008.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.