HB 1079

1
A bill to be entitled
2An act relating to sexually violent predators; amending s.
3394.912, F.S.; limiting the definition of the term
4"sexually violent offense," for purposes of sexually
5violent predator provisions, to felony offenses; amending
6s. 394.913, F.S.; providing for prioritization of written
7assessment and recommendation for individuals scheduled or
8up for review for release when the assessment and
9recommendation have not been completed within a specified
10period; amending s. 394.9135, F.S.; revising provisions
11relating to petitions to hold in custody following release
12and transfer to the Department of Children and Family
13Services to provide for extension of certain time periods
14that expire after normal business hours; creating s.
15394.933, F.S.; prohibiting the introduction of contraband
16into or its removal from the grounds of any facility for
17commitment or detention of sexually violent predators;
18specifying items that constitute contraband; providing for
19designation of additional articles as contraband;
20providing for reasonable searches of individuals or
21vehicles entering facilities for contraband; providing for
22enforcement of provisions; providing criminal penalties
23for violations; amending s. 800.03, F.S.; providing
24enhanced criminal penalties for unlawful exposure of
25sexual organs violations committed by persons while they
26are committed to or detained in facilities for sexually
27violent predators; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (h) of subsection (9) of section
32394.912, Florida Statutes, is amended to read:
33     394.912  Definitions.-As used in this part, the term:
34     (9)  "Sexually violent offense" means:
35     (h)  Any felony criminal act that, either at the time of
36sentencing for the offense or subsequently during civil
37commitment proceedings under this part, has been determined
38beyond a reasonable doubt to have been sexually motivated.
39     Section 2.  Subsection (1) of section 394.913, Florida
40Statutes, is amended to read:
41     394.913  Notice to state attorney and multidisciplinary
42team of release of sexually violent predator; establishing
43multidisciplinary teams; information to be provided to
44multidisciplinary teams.-
45     (1)(a)  The agency with jurisdiction over a person who has
46been convicted of a sexually violent offense shall give written
47notice to the multidisciplinary team, and a copy to the state
48attorney of the circuit where that person was last convicted of
49a sexually violent offense. If the person has never been
50convicted of a sexually violent offense in this state but has
51been convicted of a sexually violent offense in another state or
52in federal court, the agency with jurisdiction shall give
53written notice to the multidisciplinary team and a copy to the
54state attorney of the circuit where the person was last
55convicted of any offense in this state. If the person is being
56confined in this state pursuant to interstate compact and has a
57prior or current conviction for a sexually violent offense, the
58agency with jurisdiction shall give written notice to the
59multidisciplinary team and a copy to the state attorney of the
60circuit where the person plans to reside upon release or, if no
61residence in this state is planned, the state attorney in the
62circuit where the facility from which the person to be released
63is located. Except as provided in s. 394.9135, the written
64notice must be given:
65     1.(a)  At least 545 days prior to the anticipated release
66from total confinement of a person serving a sentence in the
67custody of the Department of Corrections, except that in the
68case of persons who are totally confined for a period of less
69than 545 days, written notice must be given as soon as
70practicable;
71     2.(b)  At least 180 days prior to the anticipated release
72from residential commitment of a person committed to the custody
73of the Department of Juvenile Justice, except that in the case
74of persons who are committed to low or moderate risk, written
75notice must be given as soon as practicable; or
76     3.(c)  At least 180 days prior to the anticipated hearing
77regarding possible release of a person committed to the custody
78of the department who has been found not guilty by reason of
79insanity or mental incapacity of a sexually violent offense.
80     (b)  The timeframes in paragraph (a) notwithstanding, when
81there are individuals for whom the written assessment and
82recommendation have not been completed at least 365 days prior
83to their release from total confinement, the department shall
84prioritize the assessment of those individuals based upon their
85release dates.
86     Section 3.  Subsections (2) and (3) of section 394.9135,
87Florida Statutes, are amended to read:
88     394.9135  Immediate releases from total confinement;
89transfer of person to department; time limitations on
90assessment, notification, and filing petition to hold in
91custody; filing petition after release.-
92     (2)  Within 72 hours after transfer, the multidisciplinary
93team shall assess whether the person meets the definition of a
94sexually violent predator. If the multidisciplinary team
95determines that the person does not meet the definition of a
96sexually violent predator, that person shall be immediately
97released. If the multidisciplinary team determines that the
98person meets the definition of a sexually violent predator, the
99team shall provide the state attorney, as designated by s.
100394.913, with its written assessment and recommendation within
101the 72-hour period or, if the 72-hour period ends after 5 p.m.
102on a working day or on a weekend or holiday, within the next
103working day thereafter.
104     (3)  Within 48 hours after receipt of the written
105assessment and recommendation from the multidisciplinary team,
106the state attorney, as designated in s. 394.913, may file a
107petition with the circuit court alleging that the person is a
108sexually violent predator and stating facts sufficient to
109support such allegation. If a petition is not filed within 48
110hours after receipt of the written assessment and recommendation
111by the state attorney, the person shall be immediately released,
112except that, if the 48-hour period ends after 5 p.m. on a
113working day or on a weekend or holiday, the petition may be
114filed on the next working day without resulting in the person's
115release. If a petition is filed pursuant to this section and the
116judge determines that there is probable cause to believe that
117the person is a sexually violent predator, the judge shall order
118the person be maintained in custody and held in an appropriate
119secure facility for further proceedings in accordance with this
120part.
121     Section 4.  Section 394.933, Florida Statutes, is created
122to read:
123     394.933  Introduction or removal of certain articles
124unlawful; penalty.-
125     (1)(a)  Except as authorized by law or as specifically
126authorized by the person in charge of a facility, it is unlawful
127to introduce into or upon the grounds of any facility for
128commitment or detention of sexually violent predators under this
129part, or to take or attempt to take or send therefrom, any of
130the following articles, which are declared to be contraband for
131the purposes of this section:
132     1.  Any intoxicating beverage or beverage that causes or
133may cause an intoxicating effect;
134     2.  Any controlled substance as defined in chapter 893;
135     3.  Any firearm or deadly weapon; or
136     4.  Any other item as determined by the department or the
137agency, and as designated by rule or by written institutional
138policies, to be hazardous to the welfare of clients or the
139operation of the facility.
140     (b)  It is unlawful to transmit to, attempt to transmit to,
141or cause or attempt to cause to be transmitted to or received by
142any client of any facility under the supervision or control of
143the department or agency any article or thing declared by this
144section to be contraband, at any place that is outside of the
145grounds of such facility, except as authorized by law or as
146specifically authorized by the person in charge of such
147facility.
148     (2)(a)  All individuals or vehicles entering upon the
149grounds of any facility to which this section applies may be
150subject to reasonable search and seizure of any contraband
151materials introduced thereon, for purpose of enforcement of this
152section. This paragraph shall be enforced by institutional
153security personnel or by a law enforcement officer as defined in
154s. 943.10.
155     (b)  A person who violates subsection (1) commits a felony
156of the third degree, punishable as provided in s. 775.082, s.
157775.083, or s. 775.084.
158     Section 5.  Section 800.03, Florida Statutes, is amended to
159read:
160     800.03  Exposure of sexual organs.-
161     (1)  It is unlawful to expose or exhibit one's sexual
162organs in public or on the private premises of another, or so
163near thereto as to be seen from such private premises, in a
164vulgar or indecent manner, or to be naked in public except in
165any place provided or set apart for that purpose. A mother's
166breastfeeding of her baby does not under any circumstance
167violate this section.
168     (2)(a)  Except as provided in paragraph (b), violation of
169this section is a misdemeanor of the first degree, punishable as
170provided in s. 775.082 or s. 775.083.
171     (b)  A violation of this section committed by a person
172while he or she is committed to or detained in a facility for
173sexually violent predators under part V of chapter 394 is a
174felony of the third degree, punishable as provided in s.
175775.082, s. 775.083, or s. 775.084 A mother's breastfeeding of
176her baby does not under any circumstance violate this section.
177     Section 6.  This act shall take effect upon becoming a law.


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