Florida Senate - 2012 CS for CS for SB 964
By the Committees on Children, Families, and Elder Affairs; and
Criminal Justice; and Senators Benacquisto, Gaetz, Lynn, and
Hays
586-03232-12 2012964c2
1 A bill to be entitled
2 An act relating to protection of minors; providing a
3 short title; amending s. 775.21, F.S.; requiring a
4 person convicted of a second or subsequent violation
5 of a specified video voyeurism provision to register
6 as a sexual offender if the victim of the violation
7 was a minor; amending s. 827.071, F.S.; providing that
8 if more than one child is involved in a violation of
9 provisions prohibiting sexual performance by a child,
10 a separate offense may be charged for each child;
11 amending s. 943.0435, F.S.; requiring a person
12 convicted of a video voyeurism violation to register
13 as a sexual offender if the victim of the violation
14 was a minor; amending ss. 944.606 and 944.607, F.S.;
15 redefining the term “sexual offender”; amending s.
16 810.145, F.S.; revising the definition of the term
17 “place and time when a person has a reasonable
18 expectation of privacy” to include the interior of a
19 residential dwelling; increasing the classification of
20 specified video voyeurism offenses involving minors;
21 amending s. 921.0022, F.S.; ranking a violation of s.
22 810.145(8)(b), F.S., above its default value for
23 purposes of the offense severity ranking chart of the
24 Criminal Punishment Code; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. This act may be cited as the “Protect Our
29 Children Act.”
30 Section 2. Paragraph (a) of subsection (4) of section
31 775.21, Florida Statutes, is amended to read:
32 775.21 The Florida Sexual Predators Act.—
33 (4) SEXUAL PREDATOR CRITERIA.—
34 (a) For a current offense committed on or after October 1,
35 1993, upon conviction, an offender shall be designated as a
36 “sexual predator” under subsection (5), and subject to
37 registration under subsection (6) and community and public
38 notification under subsection (7) if:
39 1. The felony is:
40 a. A capital, life, or first-degree felony violation, or
41 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
42 is a minor and the defendant is not the victim’s parent or
43 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
44 violation of a similar law of another jurisdiction; or
45 b. Any felony violation, or any attempt thereof, of s.
46 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
47 minor and the defendant is not the victim’s parent or guardian;
48 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
49 796.035; s. 800.04; s. 810.145(8); s. 825.1025(2)(b); s.
50 827.071; s. 847.0135(5); s. 847.0145; or s. 985.701(1); or a
51 violation of a similar law of another jurisdiction, and the
52 offender has previously been convicted of or found to have
53 committed, or has pled nolo contendere or guilty to, regardless
54 of adjudication, any violation of s. 787.01, s. 787.02, or s.
55 787.025(2)(c), where the victim is a minor and the defendant is
56 not the victim’s parent or guardian; s. 794.011, excluding s.
57 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
58 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
59 excluding s. 847.0135(6); s. 847.0145; or s. 985.701(1); or a
60 violation of a similar law of another jurisdiction;
61 2. The offender has not received a pardon for any felony or
62 similar law of another jurisdiction that is necessary for the
63 operation of this paragraph; and
64 3. A conviction of a felony or similar law of another
65 jurisdiction necessary to the operation of this paragraph has
66 not been set aside in any postconviction proceeding.
67 Section 3. Paragraph (a) of subsection (5) of section
68 827.071, Florida Statutes, is amended to read:
69 827.071 Sexual performance by a child; penalties.—
70 (5)(a) It is unlawful for any person to knowingly possess,
71 control, or intentionally view a photograph, motion picture,
72 exhibition, show, representation, image, data, computer
73 depiction, or other presentation which, in whole or in part, he
74 or she knows to include any sexual conduct by a child. The
75 possession, control, or intentional viewing of each such
76 photograph, motion picture, exhibition, show, image, data,
77 computer depiction, representation, or presentation is a
78 separate offense. If a photograph, motion picture, exhibition,
79 show, representation, image, data, computer depiction, or other
80 presentation includes sexual conduct by more than one child, a
81 separate offense may be charged for each such child in each such
82 photograph, motion picture, exhibition, show, representation,
83 image, data, computer depiction, or other presentation. A person
84 who violates this subsection commits a felony of the third
85 degree, punishable as provided in s. 775.082, s. 775.083, or s.
86 775.084.
87 Section 4. Paragraph (a) of subsection (1) of section
88 943.0435, Florida Statutes, is amended to read:
89 943.0435 Sexual offenders required to register with the
90 department; penalty.—
91 (1) As used in this section, the term:
92 (a)1. “Sexual offender” means a person who meets the
93 criteria in sub-subparagraph a., sub-subparagraph b., sub
94 subparagraph c., or sub-subparagraph d., as follows:
95 a.(I) Has been convicted of committing, or attempting,
96 soliciting, or conspiring to commit, any of the criminal
97 offenses proscribed in the following statutes in this state or
98 similar offenses in another jurisdiction: s. 787.01, s. 787.02,
99 or s. 787.025(2)(c), where the victim is a minor and the
100 defendant is not the victim’s parent or guardian; s. 794.011,
101 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
102 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
103 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
104 847.0145; or s. 985.701(1); or any similar offense committed in
105 this state which has been redesignated from a former statute
106 number to one of those listed in this sub-sub-subparagraph; and
107 (II) Has been released on or after October 1, 1997, from
108 the sanction imposed for any conviction of an offense described
109 in sub-sub-subparagraph (I). For purposes of sub-sub
110 subparagraph (I), a sanction imposed in this state or in any
111 other jurisdiction includes, but is not limited to, a fine,
112 probation, community control, parole, conditional release,
113 control release, or incarceration in a state prison, federal
114 prison, private correctional facility, or local detention
115 facility;
116 b. Establishes or maintains a residence in this state and
117 who has not been designated as a sexual predator by a court of
118 this state but who has been designated as a sexual predator, as
119 a sexually violent predator, or by another sexual offender
120 designation in another state or jurisdiction and was, as a
121 result of such designation, subjected to registration or
122 community or public notification, or both, or would be if the
123 person were a resident of that state or jurisdiction, without
124 regard to whether the person otherwise meets the criteria for
125 registration as a sexual offender;
126 c. Establishes or maintains a residence in this state who
127 is in the custody or control of, or under the supervision of,
128 any other state or jurisdiction as a result of a conviction for
129 committing, or attempting, soliciting, or conspiring to commit,
130 any of the criminal offenses proscribed in the following
131 statutes or similar offense in another jurisdiction: s. 787.01,
132 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
133 the defendant is not the victim’s parent or guardian; s.
134 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
135 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
136 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
137 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
138 committed in this state which has been redesignated from a
139 former statute number to one of those listed in this sub
140 subparagraph; or
141 d. On or after July 1, 2007, has been adjudicated
142 delinquent for committing, or attempting, soliciting, or
143 conspiring to commit, any of the criminal offenses proscribed in
144 the following statutes in this state or similar offenses in
145 another jurisdiction when the juvenile was 14 years of age or
146 older at the time of the offense:
147 (I) Section 794.011, excluding s. 794.011(10);
148 (II) Section 800.04(4)(b) where the victim is under 12
149 years of age or where the court finds sexual activity by the use
150 of force or coercion;
151 (III) Section 800.04(5)(c)1. where the court finds
152 molestation involving unclothed genitals; or
153 (IV) Section 800.04(5)(d) where the court finds the use of
154 force or coercion and unclothed genitals.
155 2. For all qualifying offenses listed in sub-subparagraph
156 (1)(a)1.d., the court shall make a written finding of the age of
157 the offender at the time of the offense.
158
159 For each violation of a qualifying offense listed in this
160 subsection, the court shall make a written finding of the age of
161 the victim at the time of the offense. For a violation of s.
162 800.04(4), the court shall additionally make a written finding
163 indicating that the offense did or did not involve sexual
164 activity and indicating that the offense did or did not involve
165 force or coercion. For a violation of s. 800.04(5), the court
166 shall additionally make a written finding that the offense did
167 or did not involve unclothed genitals or genital area and that
168 the offense did or did not involve the use of force or coercion.
169 Section 5. Paragraph (b) of subsection (1) of section
170 944.606, Florida Statutes, is amended to read:
171 944.606 Sexual offenders; notification upon release.—
172 (1) As used in this section:
173 (b) “Sexual offender” means a person who has been convicted
174 of committing, or attempting, soliciting, or conspiring to
175 commit, any of the criminal offenses proscribed in the following
176 statutes in this state or similar offenses in another
177 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
178 the victim is a minor and the defendant is not the victim’s
179 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
180 794.05; s. 796.03; s. 796.035; s. 800.04; s. 810.145(8); s.
181 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
182 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
183 985.701(1); or any similar offense committed in this state which
184 has been redesignated from a former statute number to one of
185 those listed in this subsection, when the department has
186 received verified information regarding such conviction; an
187 offender’s computerized criminal history record is not, in and
188 of itself, verified information.
189 Section 6. Paragraph (a) of subsection (1) of section
190 944.607, Florida Statutes, is amended to read:
191 944.607 Notification to Department of Law Enforcement of
192 information on sexual offenders.—
193 (1) As used in this section, the term:
194 (a) “Sexual offender” means a person who is in the custody
195 or control of, or under the supervision of, the department or is
196 in the custody of a private correctional facility:
197 1. On or after October 1, 1997, as a result of a conviction
198 for committing, or attempting, soliciting, or conspiring to
199 commit, any of the criminal offenses proscribed in the following
200 statutes in this state or similar offenses in another
201 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
202 the victim is a minor and the defendant is not the victim’s
203 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
204 794.05; s. 796.03; s. 796.035; s. 800.04; s. 810.145(8); s.
205 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
206 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s.
207 985.701(1); or any similar offense committed in this state which
208 has been redesignated from a former statute number to one of
209 those listed in this paragraph; or
210 2. Who establishes or maintains a residence in this state and
211 who has not been designated as a sexual predator by a court of
212 this state but who has been designated as a sexual predator, as
213 a sexually violent predator, or by another sexual offender
214 designation in another state or jurisdiction and was, as a
215 result of such designation, subjected to registration or
216 community or public notification, or both, or would be if the
217 person were a resident of that state or jurisdiction, without
218 regard as to whether the person otherwise meets the criteria for
219 registration as a sexual offender.
220 Section 7. Paragraph (c) of subsection (1) and subsection
221 (8) of section 810.145, Florida Statutes, are amended to read:
222 810.145 Video voyeurism.—
223 (1) As used in this section, the term:
224 (c) “Place and time when a person has a reasonable
225 expectation of privacy” means a place and time when a reasonable
226 person would believe that he or she could fully disrobe in
227 privacy, without being concerned that the person’s undressing
228 was being viewed, recorded, or broadcasted by another,
229 including, but not limited to, the interior of a residential
230 dwelling, bathroom, changing room, fitting room, dressing room,
231 or tanning booth.
232 (8)(a) A person who is:
233 1. Eighteen years of age or older who is responsible for
234 the welfare of a child younger than 16 years of age, regardless
235 of whether the person knows or has reason to know the age of the
236 child, and who commits an offense under this section against
237 that child;
238 2. Eighteen years of age or older who is employed at a
239 private school as defined in s. 1002.01; a school as defined in
240 s. 1003.01; or a voluntary prekindergarten education program as
241 described in s. 1002.53(3)(a), (b), or (c) and who commits an
242 offense under this section against a student of the private
243 school, school, or voluntary prekindergarten education program;
244 or
245 3. Twenty-four years of age or older who commits an offense
246 under this section against a child younger than 16 years of age,
247 regardless of whether the person knows or has reason to know the
248 age of the child
249
250 commits a felony of the second third degree, punishable as
251 provided in s. 775.082, s. 775.083, or s. 775.084.
252 (b) A person who violates this subsection and who has
253 previously been convicted of or adjudicated delinquent for any
254 violation of this section commits a felony of the second degree,
255 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
256 Section 8. Paragraph (f) of subsection (3) of section
257 921.0022, Florida Statutes, is amended to read:
258 921.0022 Criminal Punishment Code; offense severity ranking
259 chart.—
260 (3) OFFENSE SEVERITY RANKING CHART
261 (f) LEVEL 6
262 FloridaStatute FelonyDegree Description
263 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
264 499.0051(3) 2nd Knowing forgery of pedigree papers.
265 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
266 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
267 775.0875(1) 3rd Taking firearm from law enforcement officer.
268 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
269 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
270 784.041 3rd Felony battery; domestic battery by strangulation.
271 784.048(3) 3rd Aggravated stalking; credible threat.
272 784.048(5) 3rd Aggravated stalking of person under 16.
273 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
274 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
275 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
276 784.081(2) 2nd Aggravated assault on specified official or employee.
277 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
278 784.083(2) 2nd Aggravated assault on code inspector.
279 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
280 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
281 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
282 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
283 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
284 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
285 794.05(1) 2nd Unlawful sexual activity with specified minor.
286 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
287 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
288 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
289 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
290 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
291 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
292 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
293 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
294 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
295 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
296 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
297 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
298 825.102(1) 3rd Abuse of an elderly person or disabled adult.
299 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
300 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
301 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
302 827.03(1) 3rd Abuse of a child.
303 827.03(3)(c) 3rd Neglect of a child.
304 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
305 836.05 2nd Threats; extortion.
306 836.10 2nd Written threats to kill or do bodily injury.
307 843.12 3rd Aids or assists person to escape.
308 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
309 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
310 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
311 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
312 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
313 944.40 2nd Escapes.
314 944.46 3rd Harboring, concealing, aiding escaped prisoners.
315 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
316 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
317 Section 9. This act shall take effect October 1, 2012.