CS/CS/HB 605

1	A bill to be entitled
2	An act relating to exploited children; amending s. 92.56,
3	F.S.; permitting use of a pseudonym to designate the
4	victim of a crime involving a victim of production,
5	possession, or promotion of child pornography; revising
6	provisions concerning use of victim pseudonyms to specify
7	that they may be used in civil and criminal proceedings;
8	amending s. 796.035, F.S., prohibiting persons from
9	selling minors knowing that as a result of the sale the
10	minor will perform naked for compensation; providing
11	penalties; amending s. 800.04, F.S., deleting specified
12	provisions relating to online lewd and lascivious
13	exhibitions; amending s. 847.0135, F.S.; adding specified
14	provisions relating to online lewd and lascivious
15	exhibitions; providing penalties; creating s. 847.002,
16	F.S.; requiring law enforcement officers to provide
17	certain information to the National Center for Missing and
18	Exploited Children; requiring law enforcement officers
19	submitting a case for prosecution that involves the
20	creation, possession, or promotion of child pornography to
21	provide specified information to prosecutors; requiring
22	prosecutors to enter specified information in a database
23	maintained by the Attorney General; creating s. 847.01357,
24	F.S.; providing a civil remedy for any person who, while
25	under the age of 18, was a victim of certain sexual abuse
26	crimes wherein any portion of that abuse was used in the
27	production of child pornography and who suffers personal
28	or psychological injury as a result of the production,
29	promotion, or possession of such images or movies;
30	specifying damages; providing for limitation of actions;
31	providing for pseudonyms for specified claimants;
32	precluding a defense to certain civil actions; permitting
33	the Attorney General to pursue cases on behalf of Florida
34	victims; providing for disposition of damages and
35	attorney's fees; amending s. 960.03, F.S.; expanding the
36	definition of "crime" for purposes of victim compensation
37	to include violations of specified offenses relating to
38	online sexual exploitation and child pornography; defining
39	the term "identified victim of child pornography;";
40	expanding the definition of "victim" for purposes of
41	victim compensation to include a person less than 18 years
42	of age who was present at the scene of a crime, saw or
43	heard the crime, and suffered a psychiatric or
44	psychological injury because of the crime, but who was not
45	physically injured; creating s. 960.197, F.S.; authorizing
46	victim compensation awards to certain persons who suffer
47	psychiatric or psychological injury as a result of certain
48	crimes; amending ss. 90.404, 92.565, 394.912, 409.2355,
49	775.082, 775.084, 775.15, 775.21, 784.048, 787.01, 787.02,
50	787.025, 794.065, 914.16, 921.0022, 921.244, 938.10,
51	943.04354, 947.1405, 948.03, 948.06, 948.101, 948.30, and
52	948.31, F.S.; conforming provisions to changes made by the
53	act; providing an effective date.
54
55	WHEREAS, children who are sexually abused and then
56	exploited by the creation of permanent images or movies of that
57	sexual abuse through child pornography are further harmed by the
58	continued possession, promotion, and distribution of those
59	images or movies on the Internet, and
60	WHEREAS, the possession of child pornography is not a
61	victimless crime, and over 1,200 victims of child pornography
62	are known by law enforcement, over 30 of whom were citizens of
63	this state at the time of their abuse, and
64	WHEREAS, victims of child pornography suffer repeated
65	unending abuse not only as children, but throughout their lives,
66	by those individuals who engage in the collection and
67	distribution of the image of the victim's sexual abuse and
68	exploitation, and
69	WHEREAS, victims of child pornography currently do not
70	receive notice, consideration, compensation, or any other rights
71	assured to crime victims in this state pursuant to chapter 960,
72	F.S., and
73	WHEREAS, victims of child pornography are entitled to be
74	heard and considered in any case involving the production,
75	possession, and promotion of an image of their sexual-abuse, and
76	these victims are due all the rights and protections afforded
77	every other crime victim in this state, NOW, THEREFORE,
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1.  Subsection (3) of section 92.56, Florida
82	Statutes, is amended to read:
83	92.56  Judicial proceedings and court records involving
84	sexual offenses.--
85	(3)  The state may use a pseudonym instead of the victim's
86	name to designate the victim of a crime described in chapter 794
87	or chapter 800, or of child abuse, aggravated child abuse, or
88	sexual performance by a child as described in chapter 827, or
89	any crime involving the production, possession, or promotion of
90	child pornography as described in chapter 847, in all court
91	records and records of court proceedings, both civil and
92	criminal.
93	Section 2.  Section 796.035, Florida Statutes, is amended
94	to read:
95	796.035  Selling or buying of minors into sex trafficking
96	or prostitution; penalties.--Any parent, legal guardian, or
97	other person having custody or control of a minor who sells or
98	otherwise transfers custody or control of such minor, or offers
99	to sell or otherwise transfer custody of such minor, with
100	knowledge that, as a consequence of the sale or transfer, force,
101	fraud, or coercion will be used to cause the minor will to
102	engage in prostitution, perform naked for compensation, or
103	otherwise participate in the trade of sex trafficking, commits a
104	felony of the first degree, punishable as provided in s.
105	775.082, s. 775.083, or s. 775.084.
106	Section 3.  Subsection (7) of section 800.04, Florida
107	Statutes, is amended to read:
108	800.04  Lewd or lascivious offenses committed upon or in
109	the presence of persons less than 16 years of age.--
110	(7)  LEWD OR LASCIVIOUS EXHIBITION.--
111	(a)  A person who:
112	1.  Intentionally masturbates;
113	2.  Intentionally exposes the genitals in a lewd or
114	lascivious manner; or
115	3.  Intentionally commits any other sexual act that does
116	not involve actual physical or sexual contact with the victim,
117	including, but not limited to, sadomasochistic abuse, sexual
118	bestiality, or the simulation of any act involving sexual
119	activity
120
121	in the presence of a victim who is less than 16 years of age,
122	commits lewd or lascivious exhibition.
123	(b)  A person who:
124	1.  Intentionally masturbates;
125	2.  Intentionally exposes the genitals in a lewd or
126	lascivious manner; or
127	3.  Intentionally commits any other sexual act that does
128	not involve actual physical or sexual contact with the victim,
129	including, but not limited to, sadomasochistic abuse, sexual
130	bestiality, or the simulation of any act involving sexual
131	activity
132
133	live over a computer online service, Internet service, or local
134	bulletin board service and who knows or should know or has
135	reason to believe that the transmission is viewed on a computer
136	or television monitor by a victim in this state who is less than
137	16 years of age, commits lewd or lascivious exhibition. The fact
138	that an undercover operative or law enforcement officer was
139	involved in the detection and investigation of an offense under
140	this paragraph shall not constitute a defense to a prosecution
141	under this paragraph.
142	(b)(c)  An offender 18 years of age or older who commits a
143	lewd or lascivious exhibition commits a felony of the second
144	degree, punishable as provided in s. 775.082, s. 775.083, or s.
145	775.084.
146	(c)(d)  An offender less than 18 years of age who commits a
147	lewd or lascivious exhibition commits a felony of the third
148	degree, punishable as provided in s. 775.082, s. 775.083, or s.
149	775.084.
150	Section 4.  Subsections (5), (6), and (7) of section
151	847.0135, Florida Statutes, are renumbered as subsections (6),
152	(7), and (8), respectively, and a subsection (5) is added to
153	that section, to read:
154	847.0135  Computer pornography; traveling to meet minor;
155	penalties.--
156	(5)  TRANSMISSIONS CONSTITUTING LEWD OR LASCIVIOUS
157	EXHIBITION PROHIBITED.--
158	(a)  A person who:
159	1.  Intentionally masturbates;
160	2.  Intentionally exposes the genitals in a lewd or
161	lascivious manner; or
162	3.  Intentionally commits any other sexual act that does
163	not involve actual physical or sexual contact with the victim,
164	including, but not limited to, sadomasochistic abuse, sexual
165	bestiality, or the simulation of any act involving sexual
166	activity,
167
168	live over a computer online service, Internet service, or local
169	bulletin board service and who knows or should know or has
170	reason to believe that the transmission is viewed on a computer
171	or television monitor by a victim in this state who is less than
172	16 years of age, commits lewd or lascivious exhibition in
173	violation of this subsection. The fact that an undercover
174	operative or law enforcement officer was involved in the
175	detection and investigation of an offense under this subsection
176	shall not constitute a defense to a prosecution under this
177	subsection.
178	(b)  An offender 18 years of age or older who commits a
179	lewd or lascivious exhibition using a computer commits a felony
180	of the second degree, punishable as provided in s. 775.082, s.
181	775.083, or s. 775.084.
182	(c)  An offender less than 18 years of age who commits a
183	lewd or lascivious exhibition using a computer commits a felony
184	of the third degree, punishable as provided in s. 775.082, s.
185	775.083, or s. 775.084.
186	(d)  A mother's breastfeeding of her baby does not under
187	any circumstance constitute a violation of this subsection.
188	Section 5.  Section 847.002, Florida Statutes, is created
189	to read:
190	847.002  Child pornography prosecutions.--
191	(1)  Any law enforcement officer who, pursuant to a
192	criminal investigation, recovers images or movies of child
193	pornography shall do the following:
194	(a)  Provide such images or movies to the law enforcement
195	representative assigned to the Child Victim Identification
196	Program at the National Center for Missing and Exploited
197	Children, as required by the National Center for Missing and
198	Exploited Children guidelines.
199	(b)  Request the law enforcement contact information from
200	the Child Victim Identification Program for any images or movies
201	recovered that contain an identified victim of child pornography
202	as defined in s. 960.03.
203	(c)  Provide case information to the Child Victim
204	Identification Program, as required by the National Center for
205	Missing and Exploited Children guidelines, in any case where the
206	law enforcement officer identifies a previously unidentified
207	victim of child pornography.
208	(2)  Any law enforcement officer submitting a case for
209	prosecution that involves the production, promotion, or
210	possession of child pornography shall submit to the designated
211	prosecutor the law enforcement contact information provided by
212	the Child Victim Identification Program at the National Center
213	for Missing and Exploited Children for any images or movies
214	involved in the case which contain the depiction of an
215	identified victim of child pornography as defined in s. 960.03.
216	(3)  In every filed case involving an identified victim of
217	child pornography as defined in s. 960.03, the prosecuting
218	agency shall enter the following information into the Victims in
219	Child Pornography Tracking Repeat Exploitation database
220	maintained by the Office of the Attorney General:
221	(a)  The case number and agency file number.
222	(b)  The named defendant.
223	(c)  The circuit court division and county.
224	(d)  Current court dates and the status of the case.
225	(e)  Contact information for the prosecutor assigned.
226	(f)  Verification that the prosecutor is or is not in
227	possession of a victim impact statement and will use the
228	statement in sentencing.
229	Section 6.  Section 847.01357, Florida Statutes, is created
230	to read:
231	847.01357  Exploited children's civil remedy.--
232	(1)  Any person who, while under the age of 18, was a
233	victim of a sexual abuse crime listed in chapter 794, chapter
234	800, chapter 827, or chapter 847, wherein any portion of such
235	abuse was used in the production of child pornography, and who
236	suffers personal or psychological injury as a result of the
237	production, promotion, or possession of such images or movies,
238	may bring an action in any appropriate state court against the
239	producer, promoter, or possessor of such images or movies,
240	regardless of whether the victim is now an adult. In any action
241	brought under this section, a prevailing plaintiff shall recover
242	the actual damages such person sustained and the cost of the
243	suit, including reasonable attorney's fees. Any such victim who
244	is awarded damages under this section shall be deemed to have
245	sustained damages of no less than $150,000.
246	(2)  Notwithstanding any other provisions of law, any
247	action commenced under this section must be filed within 3 years
248	of the later of:
249	(a)  The conclusion of a related criminal case;
250	(b)  The notification to the victim by a member of law
251	enforcement of the creation, possession, or promotion of
252	pornographic images or movies; or
253	(c)  In the case of a victim under the age of 18, within 3
254	years after the person reaches the age of 18.
255	(3)  Any victim who has a bona fide claim under this
256	section shall, upon request, be provided a pseudonym, pursuant
257	to s. 92.56(3), which shall be issued and maintained by the
258	Department of Legal Affairs for use in all legal pleadings. This
259	identifier shall be fully recognized in all courts in this state
260	as a valid legal identity.
261	(4)  It is not a defense to a civil cause of action under
262	this section that the respondent did not know the victim or
263	commit the abuse depicted in any image of child pornography.
264	(5)  To prevent the further exploitation of victims for
265	monetary gain by any other person, at the victim's request and
266	pursuant to agency approval, the Office of the Attorney General
267	may pursue cases on behalf of any Florida victim under this
268	section. All damages obtained in such cases shall go to the
269	victim, and the Office of the Attorney General may seek
270	reasonable attorney's fees and costs as authorized under this
271	section.
272	Section 7.  Paragraph (d) is added to subsection (3) of
273	section 960.03, Florida Statutes, subsections (9) through (13)
274	of that section are renumbered as subsections (10) through (14),
275	respectively, a new subsection (9) is added to that section, and
276	present subsection (13) of that section is amended, to read:
277	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
278	960.01-960.28, unless the context otherwise requires, the term:
279	(3)  "Crime" means:
280	(d)  Any violation of s. 827.071, s. 847.0135, s. 847.0137,
281	or s. 847.0138, related to online sexual exploitation and child
282	pornography.
283	(9)  "Identified victim of child pornography" means any
284	person who, while under the age of 18, was depicted in any image
285	or movie of child pornography and who has been identified
286	through a report generated by a member of law enforcement and
287	provided to the National Center for Missing and Exploited
288	Children's Child Victim Identification Program.
289	(14)(13)  "Victim" means:
290	(a)  A person who suffers personal physical injury or death
291	as a direct result of a crime;
292	(b)  A person less than 18 16 years of age who was present
293	at the scene of a crime, saw or heard the crime, and suffered a
294	psychiatric or psychological injury because of the crime, but
295	who was not physically injured; or
296	(c)  A person against whom a forcible felony was committed
297	and who suffers a psychiatric or psychological injury as a
298	direct result of that crime but who does not otherwise sustain a
299	personal physical injury or death.
300	Section 8.  Section 960.197, Florida Statutes, is created
301	to read:
302	960.197  Assistance to victims of online sexual
303	exploitation and child pornography.--
304	(1)  Notwithstanding the criteria set forth in s. 960.13
305	for crime victim compensation awards, the department may award
306	compensation for counseling and other mental health services to
307	treat psychological injury or trauma to:
308	(a)  A child less than 18 years of age who suffers
309	psychiatric or psychological injury as a direct result of online
310	sexual exploitation under any provision of s. 827.071, s.
311	847.0135, s. 847.0137, or s. 847.0138, and who does not
312	otherwise sustain a personal injury or death; or
313	(b)  Any person who, while under the age of 18, was
314	depicted in any image or movie, regardless of length, of child
315	pornography as defined in s. 847.001 and who has been identified
316	by law enforcement or the National Center for Missing and
317	Exploited Children as an identified victim of child pornography,
318	who suffers psychiatric or psychological injury as a direct
319	result of the crime, and who does not otherwise sustain a
320	personal injury or death.
321	(2)  Compensation under this section is not contingent upon
322	pursuit of a criminal investigation or prosecution.
323	Section 9.  Paragraph (b) of subsection (2) of section
324	90.404, Florida Statutes, is amended to read:
325	90.404  Character evidence; when admissible.--
326	(2)  OTHER CRIMES, WRONGS, OR ACTS.--
327	(b)1.  In a criminal case in which the defendant is charged
328	with a crime involving child molestation, evidence of the
329	defendant's commission of other crimes, wrongs, or acts of child
330	molestation is admissible, and may be considered for its bearing
331	on any matter to which it is relevant.
332	2.  For the purposes of this paragraph, the term "child
333	molestation" means conduct proscribed by s. 794.011, or s.
334	800.04, or s. 847.0135(5) when committed against a person 16
335	years of age or younger.
336	Section 10.  Subsection (2) of section 92.565, Florida
337	Statutes, is amended to read:
338	92.565  Admissibility of confession in sexual abuse
339	cases.--
340	(2)  In any criminal action in which the defendant is
341	charged with a crime against a victim under s. 794.011; s.
342	794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
343	s. 827.04, involving sexual abuse; or s. 827.071; or s.
344	847.0135(5), or any other crime involving sexual abuse of
345	another, or with any attempt, solicitation, or conspiracy to
346	commit any of these crimes, the defendant's memorialized
347	confession or admission is admissible during trial without the
348	state having to prove a corpus delicti of the crime if the court
349	finds in a hearing conducted outside the presence of the jury
350	that the state is unable to show the existence of each element
351	of the crime, and having so found, further finds that the
352	defendant's confession or admission is trustworthy. Factors
353	which may be relevant in determining whether the state is unable
354	to show the existence of each element of the crime include, but
355	are not limited to, the fact that, at the time the crime was
356	committed, the victim was:
357	(a)  Physically helpless, mentally incapacitated, or
358	mentally defective, as those terms are defined in s. 794.011;
359	(b)  Physically incapacitated due to age, infirmity, or any
360	other cause; or
361	(c)  Less than 12 years of age.
362	Section 11.  Paragraph (e) of subsection (9) of section
363	394.912, Florida Statutes, is amended to read:
364	394.912  Definitions.--As used in this part, the term:
365	(9)  "Sexually violent offense" means:
366	(e)  Lewd, lascivious, or indecent assault or act upon or
367	in presence of the child in violation of s. 800.04 or s.
368	847.0135(5);
369	Section 12.  Section 409.2355, Florida Statutes, is amended
370	to read:
371	409.2355  Programs for prosecution of males over age 21 who
372	commit certain offenses involving girls under age 16.--Subject
373	to specific appropriated funds, the Department of Children and
374	Family Services is directed to establish a program by which
375	local communities, through the state attorney's office of each
376	judicial circuit, may apply for grants to fund innovative
377	programs for the prosecution of males over the age of 21 who
378	victimize girls under the age of 16 in violation of s. 794.011,
379	s. 794.05, s. 800.04, or s. 827.04(3), or s. 847.0135(5).
380	Section 13.  Paragraph (a) of subsection (9) of section
381	775.082, Florida Statutes, is amended to read:
382	775.082  Penalties; applicability of sentencing structures;
383	mandatory minimum sentences for certain reoffenders previously
384	released from prison.--
385	(9)(a)1.  "Prison releasee reoffender" means any defendant
386	who commits, or attempts to commit:
387	a.  Treason;
388	b.  Murder;
389	c.  Manslaughter;
390	d.  Sexual battery;
391	e.  Carjacking;
392	f.  Home-invasion robbery;
393	g.  Robbery;
394	h.  Arson;
395	i.  Kidnapping;
396	j.  Aggravated assault with a deadly weapon;
397	k.  Aggravated battery;
398	l.  Aggravated stalking;
399	m.  Aircraft piracy;
400	n.  Unlawful throwing, placing, or discharging of a
401	destructive device or bomb;
402	o.  Any felony that involves the use or threat of physical
403	force or violence against an individual;
404	p.  Armed burglary;
405	q.  Burglary of a dwelling or burglary of an occupied
406	structure; or
407	r.  Any felony violation of s. 790.07, s. 800.04, s.
408	827.03, or s. 827.071, or s. 847.0135(5);
409
410	within 3 years after being released from a state correctional
411	facility operated by the Department of Corrections or a private
412	vendor or within 3 years after being released from a
413	correctional institution of another state, the District of
414	Columbia, the United States, any possession or territory of the
415	United States, or any foreign jurisdiction, following
416	incarceration for an offense for which the sentence is
417	punishable by more than 1 year in this state.
418	2.  "Prison releasee reoffender" also means any defendant
419	who commits or attempts to commit any offense listed in sub-
420	subparagraphs (a)1.a.-r. while the defendant was serving a
421	prison sentence or on escape status from a state correctional
422	facility operated by the Department of Corrections or a private
423	vendor or while the defendant was on escape status from a
424	correctional institution of another state, the District of
425	Columbia, the United States, any possession or territory of the
426	United States, or any foreign jurisdiction, following
427	incarceration for an offense for which the sentence is
428	punishable by more than 1 year in this state.
429	3.  If the state attorney determines that a defendant is a
430	prison releasee reoffender as defined in subparagraph 1., the
431	state attorney may seek to have the court sentence the defendant
432	as a prison releasee reoffender. Upon proof from the state
433	attorney that establishes by a preponderance of the evidence
434	that a defendant is a prison releasee reoffender as defined in
435	this section, such defendant is not eligible for sentencing
436	under the sentencing guidelines and must be sentenced as
437	follows:
438	a.  For a felony punishable by life, by a term of
439	imprisonment for life;
440	b.  For a felony of the first degree, by a term of
441	imprisonment of 30 years;
442	c.  For a felony of the second degree, by a term of
443	imprisonment of 15 years; and
444	d.  For a felony of the third degree, by a term of
445	imprisonment of 5 years.
446	Section 14.  Paragraph (d) of subsection (1) of section
447	775.084, Florida Statutes, is amended to read:
448	775.084  Violent career criminals; habitual felony
449	offenders and habitual violent felony offenders; three-time
450	violent felony offenders; definitions; procedure; enhanced
451	penalties or mandatory minimum prison terms.--
452	(1)  As used in this act:
453	(d)  "Violent career criminal" means a defendant for whom
454	the court must impose imprisonment pursuant to paragraph (4)(d),
455	if it finds that:
456	1.  The defendant has previously been convicted as an adult
457	three or more times for an offense in this state or other
458	qualified offense that is:
459	a.  Any forcible felony, as described in s. 776.08;
460	b.  Aggravated stalking, as described in s. 784.048(3) and
461	(4);
462	c.  Aggravated child abuse, as described in s. 827.03(2);
463	d.  Aggravated abuse of an elderly person or disabled
464	adult, as described in s. 825.102(2);
465	e.  Lewd or lascivious battery, lewd or lascivious
466	molestation, lewd or lascivious conduct, or lewd or lascivious
467	exhibition, as described in s. 800.04 or s. 847.0135(5);
468	f.  Escape, as described in s. 944.40; or
469	g.  A felony violation of chapter 790 involving the use or
470	possession of a firearm.
471	2.  The defendant has been incarcerated in a state prison
472	or a federal prison.
473	3.  The primary felony offense for which the defendant is
474	to be sentenced is a felony enumerated in subparagraph 1. and
475	was committed on or after October 1, 1995, and:
476	a.  While the defendant was serving a prison sentence or
477	other sentence, or court-ordered or lawfully imposed supervision
478	that is imposed as a result of a prior conviction for an
479	enumerated felony; or
480	b.  Within 5 years after the conviction of the last prior
481	enumerated felony, or within 5 years after the defendant's
482	release from a prison sentence, probation, community control,
483	control release, conditional release, parole, or court-ordered
484	or lawfully imposed supervision or other sentence that is
485	imposed as a result of a prior conviction for an enumerated
486	felony, whichever is later.
487	4.  The defendant has not received a pardon for any felony
488	or other qualified offense that is necessary for the operation
489	of this paragraph.
490	5.  A conviction of a felony or other qualified offense
491	necessary to the operation of this paragraph has not been set
492	aside in any postconviction proceeding.
493	Section 15.  Paragraph (a) of subsection (13) and paragraph
494	(a) of subsection (16) of section 775.15, Florida Statutes, are
495	amended to read:
496	775.15  Time limitations; general time limitations;
497	exceptions.--
498	(13)(a)  If the victim of a violation of s. 794.011, former
499	s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04, or s.
500	847.0135(5) is under the age of 18, the applicable period of
501	limitation, if any, does not begin to run until the victim has
502	reached the age of 18 or the violation is reported to a law
503	enforcement agency or other governmental agency, whichever
504	occurs earlier. Such law enforcement agency or other
505	governmental agency shall promptly report such allegation to the
506	state attorney for the judicial circuit in which the alleged
507	violation occurred. If the offense is a first or second degree
508	felony violation of s. 794.011, and the offense is reported
509	within 72 hours after its commission, the prosecution for such
510	offense may be commenced at any time. This paragraph applies to
511	any such offense except an offense the prosecution of which
512	would have been barred by subsection (2) on or before December
513	31, 1984.
514	(16)(a)  In addition to the time periods prescribed in this
515	section, a prosecution for any of the following offenses may be
516	commenced at any time after the date on which the identity of
517	the accused is established, or should have been established by
518	the exercise of due diligence, through the analysis of
519	deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
520	the evidence collected at the time of the original investigation
521	and tested for DNA is preserved and available for testing by the
522	accused:
523	1.  Aggravated battery or any felony battery offense under
524	chapter 784.
525	2.  Kidnapping under s. 787.01 or false imprisonment under
526	s. 787.02.
527	3.  An offense of sexual battery under chapter 794.
528	4.  A lewd or lascivious offense under s. 800.04, or s.
529	825.1025, or s. 847.0135(5).
530	5.  A burglary offense under s. 810.02.
531	6.  A robbery offense under s. 812.13, s. 812.131, or s.
532	812.135.
533	7.  Carjacking under s. 812.133.
534	8.  Aggravated child abuse under s. 827.03.
535	Section 16.  Paragraph (a) of subsection (4) and paragraph
536	(b) of subsection (10) of section 775.21, Florida Statutes, are
537	amended to read:
538	775.21  The Florida Sexual Predators Act.--
539	(4)  SEXUAL PREDATOR CRITERIA.--
540	(a)  For a current offense committed on or after October 1,
541	1993, upon conviction, an offender shall be designated as a
542	"sexual predator" under subsection (5), and subject to
543	registration under subsection (6) and community and public
544	notification under subsection (7) if:
545	1.  The felony is:
546	a.  A capital, life, or first-degree felony violation, or
547	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
548	is a minor and the defendant is not the victim's parent or
549	guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
550	violation of a similar law of another jurisdiction; or
551	b.  Any felony violation, or any attempt thereof, of s.
552	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
553	minor and the defendant is not the victim's parent or guardian;
554	s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
555	796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
556	847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
557	similar law of another jurisdiction, and the offender has
558	previously been convicted of or found to have committed, or has
559	pled nolo contendere or guilty to, regardless of adjudication,
560	any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
561	where the victim is a minor and the defendant is not the
562	victim's parent or guardian; s. 794.011, excluding s.
563	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
564	825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
565	847.0135(4); s. 847.0145; or s. 985.701(1); or a violation of a
566	similar law of another jurisdiction;
567	2.  The offender has not received a pardon for any felony
568	or similar law of another jurisdiction that is necessary for the
569	operation of this paragraph; and
570	3.  A conviction of a felony or similar law of another
571	jurisdiction necessary to the operation of this paragraph has
572	not been set aside in any postconviction proceeding.
573	(10)  PENALTIES.--
574	(b)  A sexual predator who has been convicted of or found
575	to have committed, or has pled nolo contendere or guilty to,
576	regardless of adjudication, any violation, or attempted
577	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
578	the victim is a minor and the defendant is not the victim's
579	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
580	794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
581	847.0133; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
582	violation of a similar law of another jurisdiction when the
583	victim of the offense was a minor, and who works, whether for
584	compensation or as a volunteer, at any business, school, day
585	care center, park, playground, or other place where children
586	regularly congregate, commits a felony of the third degree,
587	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
588	Section 17.  Subsections (7) and (8) of section 784.048,
589	Florida Statutes, are amended to read:
590	784.048  Stalking; definitions; penalties.--
591	(7)  Any person who, after having been sentenced for a
592	violation of s. 794.011, or s. 800.04, or s. 847.0135(5) and
593	prohibited from contacting the victim of the offense under s.
594	921.244, willfully, maliciously, and repeatedly follows,
595	harasses, or cyberstalks the victim commits the offense of
596	aggravated stalking, a felony of the third degree, punishable as
597	provided in s. 775.082, s. 775.083, or s. 775.084.
598	(8)  The punishment imposed under this section shall run
599	consecutive to any former sentence imposed for a conviction for
600	any offense under s. 794.011, or s. 800.04, or s. 847.0135(5).
601	Section 18.  Paragraph (a) of subsection (3) of section
602	787.01, Florida Statutes, is amended to read:
603	787.01  Kidnapping; kidnapping of child under age 13,
604	aggravating circumstances.--
605	(3)(a)  A person who commits the offense of kidnapping upon
606	a child under the age of 13 and who, in the course of committing
607	the offense, commits one or more of the following:
608	1.  Aggravated child abuse, as defined in s. 827.03;
609	2.  Sexual battery, as defined in chapter 794, against the
610	child;
611	3.  Lewd or lascivious battery, lewd or lascivious
612	molestation, lewd or lascivious conduct, or lewd or lascivious
613	exhibition, in violation of s. 800.04 or s. 847.0135(5);
614	4.  A violation of s. 796.03 or s. 796.04, relating to
615	prostitution, upon the child; or
616	5.  Exploitation of the child or allowing the child to be
617	exploited, in violation of s. 450.151,
618
619	commits a life felony, punishable as provided in s. 775.082, s.
620	775.083, or s. 775.084.
621	Section 19.  Paragraph (a) of subsection (3) of section
622	787.02, Florida Statutes, is amended to read:
623	787.02  False imprisonment; false imprisonment of child
624	under age 13, aggravating circumstances.--
625	(3)(a)  A person who commits the offense of false
626	imprisonment upon a child under the age of 13 and who, in the
627	course of committing the offense, commits any offense enumerated
628	in subparagraphs 1.-5., commits a felony of the first degree,
629	punishable by imprisonment for a term of years not exceeding
630	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
631	1.  Aggravated child abuse, as defined in s. 827.03;
632	2.  Sexual battery, as defined in chapter 794, against the
633	child;
634	3.  Lewd or lascivious battery, lewd or lascivious
635	molestation, lewd or lascivious conduct, or lewd or lascivious
636	exhibition, in violation of s. 800.04 or s. 847.0135(5);
637	4.  A violation of s. 796.03 or s. 796.04, relating to
638	prostitution, upon the child; or
639	5.  Exploitation of the child or allowing the child to be
640	exploited, in violation of s. 450.151.
641	Section 20.  Paragraph (c) of subsection (2) of section
642	787.025, Florida Statutes, is amended to read:
643	787.025  Luring or enticing a child.--
644	(2)
645	(c)  A person 18 years of age or older who, having been
646	previously convicted of a violation of chapter 794, or s.
647	800.04, or s. 847.0135(5), or a violation of a similar law of
648	another jurisdiction, intentionally lures or entices, or
649	attempts to lure or entice, a child under the age of 12 into a
650	structure, dwelling, or conveyance for other than a lawful
651	purpose commits a felony of the third degree, punishable as
652	provided in s. 775.082, s. 775.083, or s. 775.084.
653	Section 21.  Section 794.065, Florida Statutes, is amended
654	to read:
655	794.065  Unlawful place of residence for persons convicted
656	of certain sex offenses.--
657	(1)  It is unlawful for any person who has been convicted
658	of a violation of s. 794.011, s. 800.04, s. 827.071, s.
659	847.0135(5), or s. 847.0145, regardless of whether adjudication
660	has been withheld, in which the victim of the offense was less
661	than 16 years of age, to reside within 1,000 feet of any school,
662	day care center, park, or playground. A person who violates this
663	section and whose conviction under s. 794.011, s. 800.04, s.
664	827.071, s. 847.0135(5), or s. 847.0145 was classified as a
665	felony of the first degree or higher commits a felony of the
666	third degree, punishable as provided in s. 775.082 or s.
667	775.083. A person who violates this section and whose conviction
668	under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
669	847.0145 was classified as a felony of the second or third
670	degree commits a misdemeanor of the first degree, punishable as
671	provided in s. 775.082 or s. 775.083.
672	(2)  This section applies to any person convicted of a
673	violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5),
674	or s. 847.0145 for offenses that occur on or after October 1,
675	2004.
676	Section 22.  Section 914.16, Florida Statutes, is amended
677	to read:
678	914.16  Child abuse and sexual abuse of victims under age
679	16 or persons with mental retardation; limits on
680	interviews.--The chief judge of each judicial circuit, after
681	consultation with the state attorney and the public defender for
682	the judicial circuit, the appropriate chief law enforcement
683	officer, and any other person deemed appropriate by the chief
684	judge, shall provide by order reasonable limits on the number of
685	interviews that a victim of a violation of s. 794.011, s.
686	800.04, or s. 827.03, or s. 847.0135(5) who is under 16 years of
687	age or a victim of a violation of s. 794.011, s. 800.02, s.
688	800.03, or s. 825.102 who is a person with mental retardation as
689	defined in s. 393.063 must submit to for law enforcement or
690	discovery purposes. The order shall, to the extent possible,
691	protect the victim from the psychological damage of repeated
692	interrogations while preserving the rights of the public, the
693	victim, and the person charged with the violation.
694	Section 23.  Paragraphs (d) and (e) of subsection (3) of
695	section 921.0022, Florida Statutes, are amended to read:
696	921.0022  Criminal Punishment Code; offense severity
697	ranking chart.--
698	(3)  OFFENSE SEVERITY RANKING CHART
699	(d)  LEVEL 4
700
	FloridaStatute FelonyDegree Description
701
	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.
702
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
703
	499.0051(2) 3rd Failure to authenticate pedigree papers.
704
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
705
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
706
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
707
	784.075 3rd Battery on detention or commitment facility staff.
708
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
709
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
710
	784.081(3) 3rd Battery on specified official or employee.
711
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
712
	784.083(3) 3rd Battery on code inspector.
713
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
714
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
715
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
716
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
717
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
718
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
719
	790.115(2)(c) 3rd Possessing firearm on school property.
720
	800.04(7)(c)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
721
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
722
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
723
	810.06 3rd Burglary; possession of tools.
724
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
725
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
726
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
727
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
728
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
729
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
730
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
731
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
732
	837.02(1) 3rd Perjury in official proceedings.
733
	837.021(1) 3rd Make contradictory statements in official proceedings.
734
	838.022 3rd Official misconduct.
735
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
736
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
737
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
738
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
739
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
740
	847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
741
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
742
	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).
743
	914.14(2) 3rd Witnesses accepting bribes.
744
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
745
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
746
	918.12 3rd Tampering with jurors.
747
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
748
749	(e)  LEVEL 5
750
	FloridaStatute FelonyDegree Description
751
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
752
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
753
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
754
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
755
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
756
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
757
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
758
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
759
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
760
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
761
	790.01(2) 3rd Carrying a concealed firearm.
762
	790.162 2nd Threat to throw or discharge destructive device.
763
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
764
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
765
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
766
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
767
	800.04(7)(b)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
768
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
769
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
770
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
771
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
772
	812.131(2)(b) 3rd Robbery by sudden snatching.
773
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
774
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
775
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
776
	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.
777
	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.
778
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
779
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
780
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
781
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
782
	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.
783
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
784
	847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
785
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
786
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
787
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
788
	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).
789
	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.
790
	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.
791
	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.
792
	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.
793
	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).
794
795	Section 24.  Subsections (1) and (3) of section 921.244,
796	Florida Statutes, are amended to read:
797	921.244  Order of no contact; penalties.--
798	(1)  At the time of sentencing an offender convicted of a
799	violation of s. 794.011, or s. 800.04, or s. 847.0135(5), the
800	court shall order that the offender be prohibited from having
801	any contact with the victim, directly or indirectly, including
802	through a third person, for the duration of the sentence
803	imposed. The court may reconsider the order upon the request of
804	the victim if the request is made at any time after the victim
805	has attained 18 years of age. In considering the request, the
806	court shall conduct an evidentiary hearing to determine whether
807	a change of circumstances has occurred which warrants a change
808	in the court order prohibiting contact and whether it is in the
809	best interest of the victim that the court order be modified or
810	rescinded.
811	(3)  The punishment imposed under this section shall run
812	consecutive to any former sentence imposed for a conviction for
813	any offense under s. 794.011, or s. 800.04, or s. 847.0135(5).
814	Section 25.  Subsection (1) of section 938.10, Florida
815	Statutes, is amended to read:
816	938.10  Additional court cost imposed in cases of certain
817	crimes against minors.--
818	(1)  If a person pleads guilty or nolo contendere to, or is
819	found guilty of, regardless of adjudication, any offense against
820	a minor in violation of s. 784.085, chapter 787, chapter 794, s.
821	796.03, s. 800.04, chapter 827, s. 847.0135(5), s. 847.0145, or
822	s. 985.701, the court shall impose a court cost of $101 against
823	the offender in addition to any other cost or penalty required
824	by law.
825	Section 26.  Subsections (1), (2), and (4) of section
826	943.04354, Florida Statutes, are amended to read:
827	943.04354  Removal of the requirement to register as a
828	sexual offender or sexual predator in special circumstances.--
829	(1)  For purposes of this section, a person shall be
830	considered for removal of the requirement to register as a
831	sexual offender or sexual predator only if the person:
832	(a)  Was or will be convicted or adjudicated delinquent of
833	a violation of s. 794.011, or s. 800.04, or s. 847.0135(5) or
834	the person committed a violation of s. 794.011, or s. 800.04, or
835	s. 847.0135(5) for which adjudication of guilt was or will be
836	withheld, and the person does not have any other conviction,
837	adjudication of delinquency, or withhold of adjudication of
838	guilt for a violation of s. 794.011, or s. 800.04, or s.
839	847.0135(5);
840	(b)  Is required to register as a sexual offender or sexual
841	predator solely on the basis of this violation; and
842	(c)  Is not more than 4 years older than the victim of this
843	violation who was 14 years of age or older but not more than 17
844	years of age at the time the person committed this violation.
845	(2)  If a person meets the criteria in subsection (1) and
846	the violation of s. 794.011, or s. 800.04, or s. 847.0135(5) was
847	committed on or after July 1, 2007, the person may move the
848	court that will sentence or dispose of this violation to remove
849	the requirement that the person register as a sexual offender or
850	sexual predator. The person must allege in the motion that he or
851	she meets the criteria in subsection (1) and that removal of the
852	registration requirement will not conflict with federal law. The
853	state attorney must be given notice of the motion at least 21
854	days before the date of sentencing or disposition of this
855	violation and may present evidence in opposition to the
856	requested relief or may otherwise demonstrate why the motion
857	should be denied. At sentencing or disposition of this
858	violation, the court shall rule on this motion and, if the court
859	determines the person meets the criteria in subsection (1) and
860	the removal of the registration requirement will not conflict
861	with federal law, it may grant the motion and order the removal
862	of the registration requirement. If the court denies the motion,
863	the person is not authorized under this section to petition for
864	removal of the registration requirement.
865	(4)  If a person provides to the Department of Law
866	Enforcement a certified copy of the court's order removing the
867	requirement that the person register as a sexual offender or
868	sexual predator for the violation of s. 794.011, or s. 800.04,
869	or s. 847.0135(5), the registration requirement will not apply
870	to the person and the department shall remove all information
871	about the person from the public registry of sexual offenders
872	and sexual predators maintained by the department. However, the
873	removal of this information from the public registry does not
874	mean that the public is denied access to information about the
875	person's criminal history or record that is otherwise available
876	as a public record.
877	Section 27.  Subsection (7) of section 947.1405, Florida
878	Statutes, is amended to read:
879	947.1405  Conditional release program.--
880	(7)(a)  Any inmate who is convicted of a crime committed on
881	or after October 1, 1995, or who has been previously convicted
882	of a crime committed on or after October 1, 1995, in violation
883	of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s.
884	847.0145, and is subject to conditional release supervision,
885	shall have, in addition to any other conditions imposed, the
886	following special conditions imposed by the commission:
887	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
888	commission may designate another 8-hour period if the offender's
889	employment precludes the above specified time, and such
890	alternative is recommended by the Department of Corrections. If
891	the commission determines that imposing a curfew would endanger
892	the victim, the commission may consider alternative sanctions.
893	2.  If the victim was under the age of 18, a prohibition on
894	living within 1,000 feet of a school, day care center, park,
895	playground, designated public school bus stop, or other place
896	where children regularly congregate. A releasee who is subject
897	to this subparagraph may not relocate to a residence that is
898	within 1,000 feet of a public school bus stop. Beginning October
899	1, 2004, the commission or the department may not approve a
900	residence that is located within 1,000 feet of a school, day
901	care center, park, playground, designated school bus stop, or
902	other place where children regularly congregate for any releasee
903	who is subject to this subparagraph. On October 1, 2004, the
904	department shall notify each affected school district of the
905	location of the residence of a releasee 30 days prior to release
906	and thereafter, if the releasee relocates to a new residence,
907	shall notify any affected school district of the residence of
908	the releasee within 30 days after relocation. If, on October 1,
909	2004, any public school bus stop is located within 1,000 feet of
910	the existing residence of such releasee, the district school
911	board shall relocate that school bus stop. Beginning October 1,
912	2004, a district school board may not establish or relocate a
913	public school bus stop within 1,000 feet of the residence of a
914	releasee who is subject to this subparagraph. The failure of the
915	district school board to comply with this subparagraph shall not
916	result in a violation of conditional release supervision.
917	3.  Active participation in and successful completion of a
918	sex offender treatment program with qualified practitioners
919	specifically trained to treat sex offenders, at the releasee's
920	own expense. If a qualified practitioner is not available within
921	a 50-mile radius of the releasee's residence, the offender shall
922	participate in other appropriate therapy.
923	4.  A prohibition on any contact with the victim, directly
924	or indirectly, including through a third person, unless approved
925	by the victim, the offender's therapist, and the sentencing
926	court.
927	5.  If the victim was under the age of 18, a prohibition
928	against contact with children under the age of 18 without review
929	and approval by the commission. The commission may approve
930	supervised contact with a child under the age of 18 if the
931	approval is based upon a recommendation for contact issued by a
932	qualified practitioner who is basing the recommendation on a
933	risk assessment. Further, the sex offender must be currently
934	enrolled in or have successfully completed a sex offender
935	therapy program. The commission may not grant supervised contact
936	with a child if the contact is not recommended by a qualified
937	practitioner and may deny supervised contact with a child at any
938	time. When considering whether to approve supervised contact
939	with a child, the commission must review and consider the
940	following:
941	a.  A risk assessment completed by a qualified
942	practitioner. The qualified practitioner must prepare a written
943	report that must include the findings of the assessment and
944	address each of the following components:
945	(I)  The sex offender's current legal status;
946	(II)  The sex offender's history of adult charges with
947	apparent sexual motivation;
948	(III)  The sex offender's history of adult charges without
949	apparent sexual motivation;
950	(IV)  The sex offender's history of juvenile charges,
951	whenever available;
952	(V)  The sex offender's offender treatment history,
953	including a consultation from the sex offender's treating, or
954	most recent treating, therapist;
955	(VI)  The sex offender's current mental status;
956	(VII)  The sex offender's mental health and substance abuse
957	history as provided by the Department of Corrections;
958	(VIII)  The sex offender's personal, social, educational,
959	and work history;
960	(IX)  The results of current psychological testing of the
961	sex offender if determined necessary by the qualified
962	practitioner;
963	(X)  A description of the proposed contact, including the
964	location, frequency, duration, and supervisory arrangement;
965	(XI)  The child's preference and relative comfort level
966	with the proposed contact, when age-appropriate;
967	(XII)  The parent's or legal guardian's preference
968	regarding the proposed contact; and
969	(XIII)  The qualified practitioner's opinion, along with
970	the basis for that opinion, as to whether the proposed contact
971	would likely pose significant risk of emotional or physical harm
972	to the child.
973
974	The written report of the assessment must be given to the
975	commission.
976	b.  A recommendation made as a part of the risk-assessment
977	report as to whether supervised contact with the child should be
978	approved;
979	c.  A written consent signed by the child's parent or legal
980	guardian, if the parent or legal guardian is not the sex
981	offender, agreeing to the sex offender having supervised contact
982	with the child after receiving full disclosure of the sex
983	offender's present legal status, past criminal history, and the
984	results of the risk assessment. The commission may not approve
985	contact with the child if the parent or legal guardian refuses
986	to give written consent for supervised contact;
987	d.  A safety plan prepared by the qualified practitioner,
988	who provides treatment to the offender, in collaboration with
989	the sex offender, the child's parent or legal guardian, and the
990	child, when age appropriate, which details the acceptable
991	conditions of contact between the sex offender and the child.
992	The safety plan must be reviewed and approved by the Department
993	of Corrections before being submitted to the commission; and
994	e.  Evidence that the child's parent or legal guardian, if
995	the parent or legal guardian is not the sex offender,
996	understands the need for and agrees to the safety plan and has
997	agreed to provide, or to designate another adult to provide,
998	constant supervision any time the child is in contact with the
999	offender.
1000
1001	The commission may not appoint a person to conduct a risk
1002	assessment and may not accept a risk assessment from a person
1003	who has not demonstrated to the commission that he or she has
1004	met the requirements of a qualified practitioner as defined in
1005	this section.
1006	6.  If the victim was under age 18, a prohibition on
1007	working for pay or as a volunteer at any school, day care
1008	center, park, playground, or other place where children
1009	regularly congregate, as prescribed by the commission.
1010	7.  Unless otherwise indicated in the treatment plan
1011	provided by the sexual offender treatment program, a prohibition
1012	on viewing, owning, or possessing any obscene, pornographic, or
1013	sexually stimulating visual or auditory material, including
1014	telephone, electronic media, computer programs, or computer
1015	services that are relevant to the offender's deviant behavior
1016	pattern.
1017	8.  Effective for a releasee whose crime is committed on or
1018	after July 1, 2005, a prohibition on accessing the Internet or
1019	other computer services until the offender's sex offender
1020	treatment program, after a risk assessment is completed,
1021	approves and implements a safety plan for the offender's
1022	accessing or using the Internet or other computer services.
1023	9.  A requirement that the releasee must submit two
1024	specimens of blood to the Florida Department of Law Enforcement
1025	to be registered with the DNA database.
1026	10.  A requirement that the releasee make restitution to
1027	the victim, as determined by the sentencing court or the
1028	commission, for all necessary medical and related professional
1029	services relating to physical, psychiatric, and psychological
1030	care.
1031	11.  Submission to a warrantless search by the community
1032	control or probation officer of the probationer's or community
1033	controllee's person, residence, or vehicle.
1034	(b)  For a releasee whose crime was committed on or after
1035	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1036	827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
1037	conditional release supervision, in addition to any other
1038	provision of this subsection, the commission shall impose the
1039	following additional conditions of conditional release
1040	supervision:
1041	1.  As part of a treatment program, participation in a
1042	minimum of one annual polygraph examination to obtain
1043	information necessary for risk management and treatment and to
1044	reduce the sex offender's denial mechanisms. The polygraph
1045	examination must be conducted by a polygrapher trained
1046	specifically in the use of the polygraph for the monitoring of
1047	sex offenders, where available, and at the expense of the sex
1048	offender. The results of the polygraph examination shall not be
1049	used as evidence in a hearing to prove that a violation of
1050	supervision has occurred.
1051	2.  Maintenance of a driving log and a prohibition against
1052	driving a motor vehicle alone without the prior approval of the
1053	supervising officer.
1054	3.  A prohibition against obtaining or using a post office
1055	box without the prior approval of the supervising officer.
1056	4.  If there was sexual contact, a submission to, at the
1057	probationer's or community controllee's expense, an HIV test
1058	with the results to be released to the victim or the victim's
1059	parent or guardian.
1060	5.  Electronic monitoring of any form when ordered by the
1061	commission.
1062	Section 28.  Subsection (2) of section 948.03, Florida
1063	Statutes, is amended to read:
1064	948.03  Terms and conditions of probation.--
1065	(2)  The enumeration of specific kinds of terms and
1066	conditions shall not prevent the court from adding thereto such
1067	other or others as it considers proper. However, the sentencing
1068	court may only impose a condition of supervision allowing an
1069	offender convicted of s. 794.011, s. 800.04, s. 827.071, s.
1070	847.0135(5), or s. 847.0145, to reside in another state, if the
1071	order stipulates that it is contingent upon the approval of the
1072	receiving state interstate compact authority. The court may
1073	rescind or modify at any time the terms and conditions
1074	theretofore imposed by it upon the probationer. However, if the
1075	court withholds adjudication of guilt or imposes a period of
1076	incarceration as a condition of probation, the period shall not
1077	exceed 364 days, and incarceration shall be restricted to either
1078	a county facility, a probation and restitution center under the
1079	jurisdiction of the Department of Corrections, a probation
1080	program drug punishment phase I secure residential treatment
1081	institution, or a community residential facility owned or
1082	operated by any entity providing such services.
1083	Section 29.  Paragraph (c) of subsection (8) of section
1084	948.06, Florida Statutes, is amended to read:
1085	948.06  Violation of probation or community control;
1086	revocation; modification; continuance; failure to pay
1087	restitution or cost of supervision.--
1088	(8)
1089	(c)  For purposes of this section, the term "qualifying
1090	offense" means any of the following:
1091	1.  Kidnapping or attempted kidnapping under s. 787.01,
1092	false imprisonment of a child under the age of 13 under s.
1093	787.02(3), or luring or enticing a child under s. 787.025(2)(b)
1094	or (c).
1095	2.  Murder or attempted murder under s. 782.04, attempted
1096	felony murder under s. 782.051, or manslaughter under s. 782.07.
1097	3.  Aggravated battery or attempted aggravated battery
1098	under s. 784.045.
1099	4.  Sexual battery or attempted sexual battery under s.
1100	794.011(2), (3), (4), or (8)(b) or (c).
1101	5.  Lewd or lascivious battery or attempted lewd or
1102	lascivious battery under s. 800.04(4), lewd or lascivious
1103	molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
1104	conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
1105	under s. 800.04(7)(b)(c), or lewd or lascivious exhibition on
1106	computer under s. 847.0135(5)(b).
1107	6.  Robbery or attempted robbery under s. 812.13,
1108	carjacking or attempted carjacking under s. 812.133, or home
1109	invasion robbery or attempted home invasion robbery under s.
1110	812.135.
1111	7.  Lewd or lascivious offense upon or in the presence of
1112	an elderly or disabled person or attempted lewd or lascivious
1113	offense upon or in the presence of an elderly or disabled person
1114	under s. 825.1025.
1115	8.  Sexual performance by a child or attempted sexual
1116	performance by a child under s. 827.071.
1117	9.  Computer pornography under s. 847.0135(2) or (3),
1118	transmission of child pornography under s. 847.0137, or selling
1119	or buying of minors under s. 847.0145.
1120	10.  Poisoning food or water under s. 859.01.
1121	11.  Abuse of a dead human body under s. 872.06.
1122	12.  Any burglary offense or attempted burglary offense
1123	that is either a first degree felony or second degree felony
1124	under s. 810.02(2) or (3).
1125	13.  Arson or attempted arson under s. 806.01(1).
1126	14.  Aggravated assault under s. 784.021.
1127	15.  Aggravated stalking under s. 784.048(3), (4), (5), or
1128	(7).
1129	16.  Aircraft piracy under s. 860.16.
1130	17.  Unlawful throwing, placing, or discharging of a
1131	destructive device or bomb under s. 790.161(2), (3), or (4).
1132	18.  Treason under s. 876.32.
1133	19.  Any offense committed in another jurisdiction which
1134	would be an offense listed in this paragraph if that offense had
1135	been committed in this state.
1136	Section 30.  Subsection (2) of section 948.101, Florida
1137	Statutes, is amended to read:
1138	948.101  Terms and conditions of community control and
1139	criminal quarantine community control.--
1140	(2)  The enumeration of specific kinds of terms and
1141	conditions does not prevent the court from adding thereto any
1142	other terms or conditions that the court considers proper.
1143	However, the sentencing court may only impose a condition of
1144	supervision allowing an offender convicted of s. 794.011, s.
1145	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 to reside in
1146	another state if the order stipulates that it is contingent upon
1147	the approval of the receiving state interstate compact
1148	authority. The court may rescind or modify at any time the terms
1149	and conditions theretofore imposed by it upon the offender in
1150	community control. However, if the court withholds adjudication
1151	of guilt or imposes a period of incarceration as a condition of
1152	community control, the period may not exceed 364 days, and
1153	incarceration shall be restricted to a county facility, a
1154	probation and restitution center under the jurisdiction of the
1155	Department of Corrections, a probation program drug punishment
1156	phase I secure residential treatment institution, or a community
1157	residential facility owned or operated by any entity providing
1158	such services.
1159	Section 31.  Subsections (1) and (2) of section 948.30,
1160	Florida Statutes, are amended to read:
1161	948.30  Additional terms and conditions of probation or
1162	community control for certain sex offenses.--Conditions imposed
1163	pursuant to this section do not require oral pronouncement at
1164	the time of sentencing and shall be considered standard
1165	conditions of probation or community control for offenders
1166	specified in this section.
1167	(1)  Effective for probationers or community controllees
1168	whose crime was committed on or after October 1, 1995, and who
1169	are placed under supervision for violation of chapter 794, s.
1170	800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, the court
1171	must impose the following conditions in addition to all other
1172	standard and special conditions imposed:
1173	(a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
1174	may designate another 8-hour period if the offender's employment
1175	precludes the above specified time, and the alternative is
1176	recommended by the Department of Corrections. If the court
1177	determines that imposing a curfew would endanger the victim, the
1178	court may consider alternative sanctions.
1179	(b)  If the victim was under the age of 18, a prohibition
1180	on living within 1,000 feet of a school, day care center, park,
1181	playground, or other place where children regularly congregate,
1182	as prescribed by the court. The 1,000-foot distance shall be
1183	measured in a straight line from the offender's place of
1184	residence to the nearest boundary line of the school, day care
1185	center, park, playground, or other place where children
1186	congregate. The distance may not be measured by a pedestrian
1187	route or automobile route.
1188	(c)  Active participation in and successful completion of a
1189	sex offender treatment program with qualified practitioners
1190	specifically trained to treat sex offenders, at the
1191	probationer's or community controllee's own expense. If a
1192	qualified practitioner is not available within a 50-mile radius
1193	of the probationer's or community controllee's residence, the
1194	offender shall participate in other appropriate therapy.
1195	(d)  A prohibition on any contact with the victim, directly
1196	or indirectly, including through a third person, unless approved
1197	by the victim, the offender's therapist, and the sentencing
1198	court.
1199	(e)  If the victim was under the age of 18, a prohibition
1200	on contact with a child under the age of 18 except as provided
1201	in this paragraph. The court may approve supervised contact with
1202	a child under the age of 18 if the approval is based upon a
1203	recommendation for contact issued by a qualified practitioner
1204	who is basing the recommendation on a risk assessment. Further,
1205	the sex offender must be currently enrolled in or have
1206	successfully completed a sex offender therapy program. The court
1207	may not grant supervised contact with a child if the contact is
1208	not recommended by a qualified practitioner and may deny
1209	supervised contact with a child at any time. When considering
1210	whether to approve supervised contact with a child, the court
1211	must review and consider the following:
1212	1.  A risk assessment completed by a qualified
1213	practitioner. The qualified practitioner must prepare a written
1214	report that must include the findings of the assessment and
1215	address each of the following components:
1216	a.  The sex offender's current legal status;
1217	b.  The sex offender's history of adult charges with
1218	apparent sexual motivation;
1219	c.  The sex offender's history of adult charges without
1220	apparent sexual motivation;
1221	d.  The sex offender's history of juvenile charges,
1222	whenever available;
1223	e.  The sex offender's offender treatment history,
1224	including consultations with the sex offender's treating, or
1225	most recent treating, therapist;
1226	f.  The sex offender's current mental status;
1227	g.  The sex offender's mental health and substance abuse
1228	treatment history as provided by the Department of Corrections;
1229	h.  The sex offender's personal, social, educational, and
1230	work history;
1231	i.  The results of current psychological testing of the sex
1232	offender if determined necessary by the qualified practitioner;
1233	j.  A description of the proposed contact, including the
1234	location, frequency, duration, and supervisory arrangement;
1235	k.  The child's preference and relative comfort level with
1236	the proposed contact, when age appropriate;
1237	l.  The parent's or legal guardian's preference regarding
1238	the proposed contact; and
1239	m.  The qualified practitioner's opinion, along with the
1240	basis for that opinion, as to whether the proposed contact would
1241	likely pose significant risk of emotional or physical harm to
1242	the child.
1243
1244	The written report of the assessment must be given to the court;
1245	2.  A recommendation made as a part of the risk assessment
1246	report as to whether supervised contact with the child should be
1247	approved;
1248	3.  A written consent signed by the child's parent or legal
1249	guardian, if the parent or legal guardian is not the sex
1250	offender, agreeing to the sex offender having supervised contact
1251	with the child after receiving full disclosure of the sex
1252	offender's present legal status, past criminal history, and the
1253	results of the risk assessment. The court may not approve
1254	contact with the child if the parent or legal guardian refuses
1255	to give written consent for supervised contact;
1256	4.  A safety plan prepared by the qualified practitioner,
1257	who provides treatment to the offender, in collaboration with
1258	the sex offender, the child's parent or legal guardian, if the
1259	parent or legal guardian is not the sex offender, and the child,
1260	when age appropriate, which details the acceptable conditions of
1261	contact between the sex offender and the child. The safety plan
1262	must be reviewed and approved by the court; and
1263	5.  Evidence that the child's parent or legal guardian
1264	understands the need for and agrees to the safety plan and has
1265	agreed to provide, or to designate another adult to provide,
1266	constant supervision any time the child is in contact with the
1267	offender.
1268
1269	The court may not appoint a person to conduct a risk assessment
1270	and may not accept a risk assessment from a person who has not
1271	demonstrated to the court that he or she has met the
1272	requirements of a qualified practitioner as defined in this
1273	section.
1274	(f)  If the victim was under age 18, a prohibition on
1275	working for pay or as a volunteer at any place where children
1276	regularly congregate, including, but not limited to, schools,
1277	day care centers, parks, playgrounds, pet stores, libraries,
1278	zoos, theme parks, and malls.
1279	(g)  Unless otherwise indicated in the treatment plan
1280	provided by the sexual offender treatment program, a prohibition
1281	on viewing, accessing, owning, or possessing any obscene,
1282	pornographic, or sexually stimulating visual or auditory
1283	material, including telephone, electronic media, computer
1284	programs, or computer services that are relevant to the
1285	offender's deviant behavior pattern.
1286	(h)  Effective for probationers and community controllees
1287	whose crime is committed on or after July 1, 2005, a prohibition
1288	on accessing the Internet or other computer services until the
1289	offender's sex offender treatment program, after a risk
1290	assessment is completed, approves and implements a safety plan
1291	for the offender's accessing or using the Internet or other
1292	computer services.
1293	(i)  A requirement that the probationer or community
1294	controllee must submit a specimen of blood or other approved
1295	biological specimen to the Department of Law Enforcement to be
1296	registered with the DNA data bank.
1297	(j)  A requirement that the probationer or community
1298	controllee make restitution to the victim, as ordered by the
1299	court under s. 775.089, for all necessary medical and related
1300	professional services relating to physical, psychiatric, and
1301	psychological care.
1302	(k)  Submission to a warrantless search by the community
1303	control or probation officer of the probationer's or community
1304	controllee's person, residence, or vehicle.
1305	(2)  Effective for a probationer or community controllee
1306	whose crime was committed on or after October 1, 1997, and who
1307	is placed on community control or sex offender probation for a
1308	violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1309	or s. 847.0145, in addition to any other provision of this
1310	section, the court must impose the following conditions of
1311	probation or community control:
1312	(a)  As part of a treatment program, participation at least
1313	annually in polygraph examinations to obtain information
1314	necessary for risk management and treatment and to reduce the
1315	sex offender's denial mechanisms. A polygraph examination must
1316	be conducted by a polygrapher trained specifically in the use of
1317	the polygraph for the monitoring of sex offenders, where
1318	available, and shall be paid for by the sex offender. The
1319	results of the polygraph examination shall not be used as
1320	evidence in court to prove that a violation of community
1321	supervision has occurred.
1322	(b)  Maintenance of a driving log and a prohibition against
1323	driving a motor vehicle alone without the prior approval of the
1324	supervising officer.
1325	(c)  A prohibition against obtaining or using a post office
1326	box without the prior approval of the supervising officer.
1327	(d)  If there was sexual contact, a submission to, at the
1328	probationer's or community controllee's expense, an HIV test
1329	with the results to be released to the victim or the victim's
1330	parent or guardian.
1331	(e)  Electronic monitoring when deemed necessary by the
1332	community control or probation officer and his or her
1333	supervisor, and ordered by the court at the recommendation of
1334	the Department of Corrections.
1335	Section 32.  Subsection (1) of section 948.31, Florida
1336	Statutes, is amended to read:
1337	948.31  Diagnosis, evaluation, and treatment of offenders
1338	placed on probation or community control for certain sex
1339	offenses or child exploitation.--The court shall require a
1340	diagnosis and evaluation to determine the need of a probationer
1341	or offender in community control for treatment. If the court
1342	determines that a need therefor is established by such diagnosis
1343	and evaluation process, the court shall require outpatient
1344	counseling as a term or condition of probation or community
1345	control for any person who was found guilty of any of the
1346	following, or whose plea of guilty or nolo contendere to any of
1347	the following was accepted by the court:
1348	(1)  Lewd or lascivious battery, lewd or lascivious
1349	molestation, lewd or lascivious conduct, or lewd or lascivious
1350	exhibition, as defined in s. 800.04 or s. 847.0135(5).
1351
1352	Such counseling shall be required to be obtained from a
1353	community mental health center, a recognized social service
1354	agency providing mental health services, or a private mental
1355	health professional or through other professional counseling.
1356	The plan for counseling for the individual shall be provided to
1357	the court for review.
1358	Section 33.  This act shall take effect October 1, 2008.

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