Florida Senate - 2016 CS for SB 1294
By the Committee on Fiscal Policy; and Senators Flores and
Grimsley
594-04398-16 20161294c1
1 A bill to be entitled
2 An act relating to offenses involving minors and
3 vulnerable persons; amending ss. 92.53 and 92.54,
4 F.S.; increasing the maximum age at which a victim or
5 witness under may be allowed to testify via closed
6 circuit television rather than in a courtroom in
7 certain circumstances; amending s. 92.55, F.S.;
8 revising the definition of the term “sexual offense
9 victim or witness”; increasing the maximum age of
10 victims and witnesses for whom the court may enter
11 protective orders; authorizing certain advocates to
12 file motions for such orders on behalf of certain
13 persons; amending s. 741.281, F.S.; requiring a court
14 to order that a defendant attend and complete a
15 parenting course if domestic violence was committed
16 upon or in the presence of a child; amending s.
17 741.283, F.S.; increasing the minimum sentence that a
18 court is required to order a person to serve if he or
19 she is adjudicated guilty of domestic violence and
20 intentionally causes bodily harm to another person;
21 amending s. 775.08435, F.S.; prohibiting a court from
22 withholding adjudication for a third degree felony
23 offense of domestic violence; providing exceptions;
24 amending s. 782.04, F.S.; including human trafficking
25 as an underlying felony offense to support a felony
26 murder conviction; amending s. 787.06, F.S.;
27 reclassifying specified felony offenses under certain
28 circumstances; prohibiting certain defenses to
29 prosecution under certain circumstances; amending s.
30 794.022, F.S.; including human trafficking and lewd
31 and lascivious offenses in the rules of evidence
32 applicable to sexually-related offenses; amending ss.
33 90.404, 775.21, 943.0435, 944.606, and 944.607, F.S.;
34 conforming provisions to changes made by the act;
35 reenacting s. 924.07(1)(m), F.S., relating to an
36 appeal by the state, to incorporate the amendment made
37 to s. 775.08135, F.S., in a reference thereto;
38 providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 92.53, Florida Statutes, is amended to
43 read:
44 92.53 Videotaping the testimony of a victim or witness
45 under age 18 16 or who has an intellectual disability.—
46 (1) On motion and hearing in camera and a finding that
47 there is a substantial likelihood that a victim or witness who
48 is under the age of 18 16 or who has an intellectual disability
49 as defined in s. 393.063 would suffer at least moderate
50 emotional or mental harm due to the presence of the defendant if
51 such victim or witness is required to testify in open court, or
52 is unavailable as defined in s. 90.804(1), the trial court may
53 order the videotaping of the testimony of the victim or witness
54 in a case, whether civil or criminal in nature, in which
55 videotaped testimony is to be used at trial in lieu of trial
56 testimony in open court.
57 (2) The motion may be filed by:
58 (a) The victim or witness, or the victim’s or witness’s
59 attorney, parent, legal guardian, or guardian ad litem;
60 (b) A trial judge on his or her own motion;
61 (c) Any party in a civil proceeding; or
62 (d) The prosecuting attorney or the defendant, or the
63 defendant’s counsel.
64 (3) The judge shall preside, or shall appoint a special
65 master to preside, at the videotaping unless:
66 (a) The child or the person who has the intellectual
67 disability is represented by a guardian ad litem or counsel;
68 (b) The representative of the victim or witness and the
69 counsel for each party stipulate that the requirement for the
70 presence of the judge or special master may be waived; and
71 (c) The court finds at a hearing on the motion that the
72 presence of a judge or special master is not necessary to
73 protect the victim or witness.
74 (4) The defendant and the defendant’s counsel must be
75 present at the videotaping unless the defendant has waived this
76 right. The court may require the defendant to view the testimony
77 from outside the presence of the child or the person who has an
78 intellectual disability by means of a two-way mirror or another
79 similar method that ensures that the defendant can observe and
80 hear the testimony of the victim or witness in person, but the
81 victim or witness cannot hear or see the defendant. The
82 defendant and the attorney for the defendant may communicate by
83 any appropriate private method.
84 (5) Any party, or the court on its own motion, may request
85 the aid of an interpreter, as provided in s. 90.606, to aid the
86 parties in formulating methods of questioning the child or
87 person who has the intellectual disability and in interpreting
88 the answers of the child or person during proceedings conducted
89 under this section.
90 (6) The motion referred to in subsection (1) may be made at
91 any time with reasonable notice to each party to the cause, and
92 videotaping of testimony may be made any time after the court
93 grants the motion. The videotaped testimony is admissible as
94 evidence in the trial of the cause; however, such testimony is
95 not admissible in any trial or proceeding in which such witness
96 testifies by use of closed circuit television pursuant to s.
97 92.54.
98 (7) The court shall make specific findings of fact, on the
99 record, as to the basis for its ruling under this section.
100 Section 2. Section 92.54, Florida Statutes, is amended to
101 read:
102 92.54 Use of closed circuit television in proceedings
103 involving a victim or witness under the age of 18 16 or who has
104 an intellectual disability.—
105 (1) Upon motion and hearing in camera and upon a finding
106 that there is a substantial likelihood that a victim or witness
107 under the age of 18 16 or who has an intellectual disability
108 will suffer at least moderate emotional or mental harm due to
109 the presence of the defendant if such victim or witness is
110 required to testify in open court, or is unavailable as defined
111 in s. 90.804(1), the trial court may order that the testimony of
112 the victim or witness be taken outside of the courtroom and
113 shown by means of closed circuit television.
114 (2) The motion may be filed by the victim or witness; the
115 attorney, parent, legal guardian, or guardian ad litem of the
116 victim or witness; the prosecutor; the defendant or the
117 defendant’s counsel; or the trial judge on his or her own
118 motion.
119 (3) Only the judge, the prosecutor, the defendant, the
120 attorney for the defendant, the operators of the videotape
121 equipment, an interpreter, and some other person who, in the
122 opinion of the court, contributes to the well-being of the child
123 or the person who has an intellectual disability and who will
124 not be a witness in the case may be in the room during the
125 recording of the testimony.
126 (4) During the victim’s or witness’s testimony by closed
127 circuit television, the court may require the defendant to view
128 the testimony from the courtroom. In such a case, the court
129 shall permit the defendant to observe and hear the testimony of
130 the victim or witness, but must ensure that the victim or
131 witness cannot hear or see the defendant. The defendant’s right
132 to assistance of counsel, which includes the right to immediate
133 and direct communication with counsel conducting cross
134 examination, must be protected and, upon the defendant’s
135 request, such communication must be provided by any appropriate
136 electronic method.
137 (5) The court shall make specific findings of fact, on the
138 record, as to the basis for its ruling under this section.
139 Section 3. Section 92.55, Florida Statutes, is amended to
140 read:
141 92.55 Judicial or other proceedings involving victim or
142 witness under the age of 18 16, a person who has an intellectual
143 disability, or a sexual offense victim or witness; special
144 protections; use of registered service or therapy animals.—
145 (1) For purposes of this section, the term:
146 (a) “Sexual offense victim or witness” means a person who
147 was under the age of 18 16 when he or she was the victim of or a
148 witness to a sexual offense.
149 (b) “Sexual offense” means any offense specified in s.
150 775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
151 (2) Upon motion of any party, upon motion of a parent,
152 guardian, attorney, or guardian ad litem, or other advocate
153 appointed by the court under s. 914.17 for a victim or witness
154 under the age of 18 16, a person who has an intellectual
155 disability, or a sexual offense victim or witness, or upon its
156 own motion, the court may enter any order necessary to protect
157 the victim or witness in any judicial proceeding or other
158 official proceeding from severe emotional or mental harm due to
159 the presence of the defendant if the victim or witness is
160 required to testify in open court. Such orders must relate to
161 the taking of testimony and include, but are not limited to:
162 (a) Interviewing or the taking of depositions as part of a
163 civil or criminal proceeding.
164 (b) Examination and cross-examination for the purpose of
165 qualifying as a witness or testifying in any proceeding.
166 (c) The use of testimony taken outside of the courtroom,
167 including proceedings under ss. 92.53 and 92.54.
168 (3) In ruling upon the motion, the court shall consider:
169 (a) The age of the child, the nature of the offense or act,
170 the relationship of the child to the parties in the case or to
171 the defendant in a criminal action, the degree of emotional
172 trauma that will result to the child as a consequence of the
173 defendant’s presence, and any other fact that the court deems
174 relevant;
175 (b) The age of the person who has an intellectual
176 disability, the functional capacity of such person, the nature
177 of the offenses or act, the relationship of the person to the
178 parties in the case or to the defendant in a criminal action,
179 the degree of emotional trauma that will result to the person as
180 a consequence of the defendant’s presence, and any other fact
181 that the court deems relevant; or
182 (c) The age of the sexual offense victim or witness when
183 the sexual offense occurred, the relationship of the sexual
184 offense victim or witness to the parties in the case or to the
185 defendant in a criminal action, the degree of emotional trauma
186 that will result to the sexual offense victim or witness as a
187 consequence of the defendant’s presence, and any other fact that
188 the court deems relevant.
189 (4) In addition to such other relief provided by law, the
190 court may enter orders limiting the number of times that a
191 child, a person who has an intellectual disability, or a sexual
192 offense victim or witness may be interviewed, prohibiting
193 depositions of the victim or witness, requiring the submission
194 of questions before the examination of the victim or witness,
195 setting the place and conditions for interviewing the victim or
196 witness or for conducting any other proceeding, or permitting or
197 prohibiting the attendance of any person at any proceeding. The
198 court shall enter any order necessary to protect the rights of
199 all parties, including the defendant in any criminal action.
200 (5) The court may set any other conditions it finds just
201 and appropriate when taking the testimony of a child victim or
202 witness or a sexual offense victim or witness, including the use
203 of a service or therapy animal that has been evaluated and
204 registered according to national standards, in any proceeding
205 involving a sexual offense. When deciding whether to permit a
206 child victim or witness or sexual offense victim or witness to
207 testify with the assistance of a registered service or therapy
208 animal, the court shall consider the age of the child victim or
209 witness, the age of the sexual offense victim or witness at the
210 time the sexual offense occurred, the interests of the child
211 victim or witness or sexual offense victim or witness, the
212 rights of the parties to the litigation, and any other relevant
213 factor that would facilitate the testimony by the child victim
214 or witness or sexual offense victim or witness.
215 Section 4. Section 741.281, Florida Statutes, is amended to
216 read:
217 741.281 Court to order batterers’ intervention program
218 attendance.—If a person is found guilty of, has adjudication
219 withheld on, or pleads nolo contendere to a crime of domestic
220 violence, as defined in s. 741.28, that person shall be ordered
221 by the court to a minimum term of 1 year’s probation and the
222 court shall order that the defendant attend and complete a
223 batterers’ intervention program and, if a crime of domestic
224 violence was committed upon or in the presence of a child, a
225 parenting course as a condition of probation. The court must
226 impose the condition of the batterers’ intervention program and
227 parenting course for a defendant under this section, but the
228 court, in its discretion, may determine not to impose the
229 condition if it states on the record why a batterers’
230 intervention program and the parenting course might be
231 inappropriate. The court must impose the condition of the
232 batterers’ intervention program for a defendant placed on
233 probation unless the court determines that the person does not
234 qualify for the batterers’ intervention program pursuant to s.
235 741.325. The imposition of probation under this section does not
236 preclude the court from imposing any sentence of imprisonment
237 authorized by s. 775.082.
238 Section 5. Section 741.283, Florida Statutes, is amended to
239 read:
240 741.283 Minimum term of imprisonment for domestic
241 violence.—If a person is adjudicated guilty of a crime of
242 domestic violence, as defined in s. 741.28, and the person has
243 intentionally caused bodily harm to another person, the court
244 shall order the person to serve a minimum of 30 5 days in the
245 county jail as part of the sentence imposed, unless the court
246 sentences the person to a nonsuspended period of incarceration
247 in a state correctional facility. This section does not preclude
248 the court from sentencing the person to probation, community
249 control, or an additional period of incarceration.
250 Section 6. Subsection (1) of section 775.08435, Florida
251 Statutes, is amended to read:
252 775.08435 Prohibition on withholding adjudication in felony
253 cases.—
254 (1) Notwithstanding the provisions of s. 948.01, the court
255 may not withhold adjudication of guilt upon the defendant for:
256 (a) Any capital, life, or first degree felony offense.
257 (b) A second degree felony offense unless:
258 1. The state attorney requests in writing that adjudication
259 be withheld; or
260 2. The court makes written findings that the withholding of
261 adjudication is reasonably justified based on circumstances or
262 factors in accordance with those set forth in s. 921.0026.
263
264 Notwithstanding any provision of this section, no adjudication
265 of guilt shall be withheld for a second degree felony offense if
266 the defendant has a prior withholding of adjudication for a
267 felony that did not arise from the same transaction as the
268 current felony offense.
269 (c) A third degree felony offense if the defendant has a
270 prior withholding of adjudication for a felony offense that did
271 not arise from the same transaction as the current felony
272 offense unless:
273 1. The state attorney requests in writing that adjudication
274 be withheld; or
275 2. The court makes written findings that the withholding of
276 adjudication is reasonably justified based on circumstances or
277 factors in accordance with those set forth in s. 921.0026.
278 (d) A third degree felony offense of domestic violence, as
279 defined in s. 741.28, unless:
280 1. The state attorney requests in writing that adjudication
281 be withheld; or
282 2. The court makes written findings that the withholding of
283 adjudication is reasonably justified based on circumstances or
284 factors in accordance with those set forth in s. 921.0026.
285
286 Notwithstanding any provision of this section, no adjudication
287 of guilt shall be withheld for a third degree felony offense if
288 the defendant has two or more prior withholdings of adjudication
289 for a felony that did not arise from the same transaction as the
290 current felony offense.
291 Section 7. Subsections (1), (3), and (4) of section 782.04,
292 Florida Statutes, are amended to read:
293 782.04 Murder.—
294 (1)(a) The unlawful killing of a human being:
295 1. When perpetrated from a premeditated design to effect
296 the death of the person killed or any human being;
297 2. When committed by a person engaged in the perpetration
298 of, or in the attempt to perpetrate, any:
299 a. Trafficking offense prohibited by s. 893.135(1),
300 b. Arson,
301 c. Sexual battery,
302 d. Robbery,
303 e. Burglary,
304 f. Kidnapping,
305 g. Escape,
306 h. Aggravated child abuse,
307 i. Aggravated abuse of an elderly person or disabled adult,
308 j. Aircraft piracy,
309 k. Unlawful throwing, placing, or discharging of a
310 destructive device or bomb,
311 l. Carjacking,
312 m. Home-invasion robbery,
313 n. Aggravated stalking,
314 o. Murder of another human being,
315 p. Resisting an officer with violence to his or her person,
316 q. Aggravated fleeing or eluding with serious bodily injury
317 or death,
318 r. Felony that is an act of terrorism or is in furtherance
319 of an act of terrorism,; or
320 s. Human trafficking, or
321 3. Which resulted from the unlawful distribution of any
322 substance controlled under s. 893.03(1), cocaine as described in
323 s. 893.03(2)(a)4., opium or any synthetic or natural salt,
324 compound, derivative, or preparation of opium, or methadone by a
325 person 18 years of age or older, when such drug is proven to be
326 the proximate cause of the death of the user,
327
328 is murder in the first degree and constitutes a capital felony,
329 punishable as provided in s. 775.082.
330 (b) In all cases under this section, the procedure set
331 forth in s. 921.141 shall be followed in order to determine
332 sentence of death or life imprisonment.
333 (3) When a human being is killed during the perpetration
334 of, or during the attempt to perpetrate, any:
335 (a) Trafficking offense prohibited by s. 893.135(1),
336 (b) Arson,
337 (c) Sexual battery,
338 (d) Robbery,
339 (e) Burglary,
340 (f) Kidnapping,
341 (g) Escape,
342 (h) Aggravated child abuse,
343 (i) Aggravated abuse of an elderly person or disabled
344 adult,
345 (j) Aircraft piracy,
346 (k) Unlawful throwing, placing, or discharging of a
347 destructive device or bomb,
348 (l) Carjacking,
349 (m) Home-invasion robbery,
350 (n) Aggravated stalking,
351 (o) Murder of another human being,
352 (p) Aggravated fleeing or eluding with serious bodily
353 injury or death,
354 (q) Resisting an officer with violence to his or her
355 person, or
356 (r) Felony that is an act of terrorism or is in furtherance
357 of an act of terrorism, or
358 (s) Human trafficking,
359
360 by a person other than the person engaged in the perpetration of
361 or in the attempt to perpetrate such felony, the person
362 perpetrating or attempting to perpetrate such felony commits
363 murder in the second degree, which constitutes a felony of the
364 first degree, punishable by imprisonment for a term of years not
365 exceeding life or as provided in s. 775.082, s. 775.083, or s.
366 775.084.
367 (4) The unlawful killing of a human being, when perpetrated
368 without any design to effect death, by a person engaged in the
369 perpetration of, or in the attempt to perpetrate, any felony
370 other than any:
371 (a) Trafficking offense prohibited by s. 893.135(1),
372 (b) Arson,
373 (c) Sexual battery,
374 (d) Robbery,
375 (e) Burglary,
376 (f) Kidnapping,
377 (g) Escape,
378 (h) Aggravated child abuse,
379 (i) Aggravated abuse of an elderly person or disabled
380 adult,
381 (j) Aircraft piracy,
382 (k) Unlawful throwing, placing, or discharging of a
383 destructive device or bomb,
384 (l) Unlawful distribution of any substance controlled under
385 s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
386 opium or any synthetic or natural salt, compound, derivative, or
387 preparation of opium by a person 18 years of age or older, when
388 such drug is proven to be the proximate cause of the death of
389 the user,
390 (m) Carjacking,
391 (n) Home-invasion robbery,
392 (o) Aggravated stalking,
393 (p) Murder of another human being,
394 (q) Aggravated fleeing or eluding with serious bodily
395 injury or death,
396 (r) Resisting an officer with violence to his or her
397 person, or
398 (s) Felony that is an act of terrorism or is in furtherance
399 of an act of terrorism, or
400 (t) Human trafficking,
401
402 is murder in the third degree and constitutes a felony of the
403 second degree, punishable as provided in s. 775.082, s. 775.083,
404 or s. 775.084.
405 Section 8. Paragraph (b) of subsection (4) of section
406 787.06, Florida Statutes, is amended, present subsections (8)
407 and (9) of that section are redesignated as subsection (9) and
408 (11), respectively, and new subsections (8) and (10) are added
409 to that section, to read:
410 787.06 Human trafficking.—
411 (4)
412 (b) Any person who, for the purpose of committing or
413 facilitating an offense under this section, permanently brands,
414 or directs to be branded, a victim of an offense under this
415 section commits a second degree felony, punishable as provided
416 in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
417 subsection, the term “permanently branded” means a mark on the
418 individual’s body that, if it can be removed or repaired at all,
419 can only be removed or repaired by surgical means, laser
420 treatment, or other medical procedure.
421 (8) The degree of an offense shall be reclassified as
422 follows if a person causes great bodily harm, permanent
423 disability, or permanent disfigurement to another person during
424 the commission of an offense under this section:
425 (a) A felony of the second degree shall be reclassified as
426 a felony of the first degree.
427 (b) A felony of the first degree shall be reclassified as a
428 life felony.
429 (10) A victim’s lack of chastity or the willingness or
430 consent of a victim is not a defense to prosecution under this
431 section if the victim was under 18 years of age at the time of
432 the offense.
433 Section 9. Section 794.022, Florida Statutes, is amended to
434 read:
435 794.022 Rules of evidence.—
436 (1) The testimony of the victim need not be corroborated in
437 a prosecution under s. 787.06, s. 794.011, or s. 800.04.
438 (2) Specific instances of prior consensual sexual activity
439 between the victim and any person other than the offender may
440 shall not be admitted into evidence in a prosecution under s.
441 787.06, s. 794.011, or s. 800.04. However, such evidence may be
442 admitted if it is first established to the court in a proceeding
443 in camera that such evidence may prove that the defendant was
444 not the source of the semen, pregnancy, injury, or disease; or,
445 when consent by the victim is at issue, such evidence may be
446 admitted if it is first established to the court in a proceeding
447 in camera that such evidence tends to establish a pattern of
448 conduct or behavior on the part of the victim which is so
449 similar to the conduct or behavior in the case that it is
450 relevant to the issue of consent.
451 (3) Notwithstanding any other provision of law, reputation
452 evidence relating to a victim’s prior sexual conduct or evidence
453 presented for the purpose of showing that manner of dress of the
454 victim at the time of the offense incited the sexual battery may
455 shall not be admitted into evidence in a prosecution under s.
456 787.06, s. 794.011, or s. 800.04.
457 (4) When consent of the victim is a defense to prosecution
458 under s. 787.06, s. 794.011, or s. 800.04, evidence of the
459 victim’s mental incapacity or defect is admissible to prove that
460 the consent was not intelligent, knowing, or voluntary; and the
461 court shall instruct the jury accordingly.
462 (5) An offender’s use of a prophylactic device, or a
463 victim’s request that an offender use a prophylactic device, is
464 not, by itself, relevant to either the issue of whether or not
465 the offense was committed or the issue of whether or not the
466 victim consented.
467 Section 10. Paragraph (b) of subsection (1) of section
468 90.404, Florida Statutes, is republished, and paragraphs (b) and
469 (c) of subsection (2) of that section are amended, to read:
470 90.404 Character evidence; when admissible.—
471 (1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s
472 character or a trait of character is inadmissible to prove
473 action in conformity with it on a particular occasion, except:
474 (b) Character of victim.—
475 1. Except as provided in s. 794.022, evidence of a
476 pertinent trait of character of the victim of the crime offered
477 by an accused, or by the prosecution to rebut the trait; or
478 2. Evidence of a character trait of peacefulness of the
479 victim offered by the prosecution in a homicide case to rebut
480 evidence that the victim was the aggressor.
481 (2) OTHER CRIMES, WRONGS, OR ACTS.—
482 (b)1. In a criminal case in which the defendant is charged
483 with a crime involving child molestation, evidence of the
484 defendant’s commission of other crimes, wrongs, or acts of child
485 molestation is admissible and may be considered for its bearing
486 on any matter to which it is relevant.
487 2. For the purposes of this paragraph, the term “child
488 molestation” means conduct proscribed by s. 787.025(2)(c), s.
489 787.06(3)(g), former s. 787.06(3)(h), Florida Statutes 2012, s.
490 794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
491 former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s.
492 847.0145, or s. 985.701(1) when committed against a person 16
493 years of age or younger.
494 (c)1. In a criminal case in which the defendant is charged
495 with a sexual offense, evidence of the defendant’s commission of
496 other crimes, wrongs, or acts involving a sexual offense is
497 admissible and may be considered for its bearing on any matter
498 to which it is relevant.
499 2. For the purposes of this paragraph, the term “sexual
500 offense” means conduct proscribed by s. 787.025(2)(c), s.
501 787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), Florida
502 Statutes 2012, s. 794.011, excluding s. 794.011(10), s. 794.05,
503 former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s.
504 827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
505 Section 11. Paragraph (a) of subsection (4) of section
506 775.21, Florida Statutes, is amended to read:
507 775.21 The Florida Sexual Predators Act.—
508 (4) SEXUAL PREDATOR CRITERIA.—
509 (a) For a current offense committed on or after October 1,
510 1993, upon conviction, an offender shall be designated as a
511 “sexual predator” under subsection (5), and subject to
512 registration under subsection (6) and community and public
513 notification under subsection (7) if:
514 1. The felony is:
515 a. A capital, life, or first degree felony violation, or
516 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
517 is a minor and the defendant is not the victim’s parent or
518 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
519 violation of a similar law of another jurisdiction; or
520 b. Any felony violation, or any attempt thereof, of s.
521 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
522 787.025(2)(c), where the victim is a minor and the defendant is
523 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
524 or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
525 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
526 former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s.
527 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
528 916.1075(2); or s. 985.701(1); or a violation of a similar law
529 of another jurisdiction, and the offender has previously been
530 convicted of or found to have committed, or has pled nolo
531 contendere or guilty to, regardless of adjudication, any
532 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
533 787.02, or s. 787.025(2)(c), where the victim is a minor and the
534 defendant is not the victim’s parent or guardian; s.
535 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
536 Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
537 former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
538 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
539 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a
540 similar law of another jurisdiction;
541 2. The offender has not received a pardon for any felony or
542 similar law of another jurisdiction that is necessary for the
543 operation of this paragraph; and
544 3. A conviction of a felony or similar law of another
545 jurisdiction necessary to the operation of this paragraph has
546 not been set aside in any postconviction proceeding.
547 Section 12. Paragraph (a) of subsection (1) of section
548 943.0435, Florida Statutes, is amended to read:
549 943.0435 Sexual offenders required to register with the
550 department; penalty.—
551 (1) As used in this section, the term:
552 (a)1. “Sexual offender” means a person who meets the
553 criteria in sub-subparagraph a., sub-subparagraph b., sub
554 subparagraph c., or sub-subparagraph d., as follows:
555 a.(I) Has been convicted of committing, or attempting,
556 soliciting, or conspiring to commit, any of the criminal
557 offenses proscribed in the following statutes in this state or
558 similar offenses in another jurisdiction: s. 393.135(2); s.
559 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
560 the victim is a minor and the defendant is not the victim’s
561 parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
562 787.06(3)(h), Florida Statutes 2012; s. 794.011, excluding s.
563 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
564 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
565 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
566 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
567 offense committed in this state which has been redesignated from
568 a former statute number to one of those listed in this sub-sub
569 subparagraph; and
570 (II) Has been released on or after October 1, 1997, from
571 the sanction imposed for any conviction of an offense described
572 in sub-sub-subparagraph (I). For purposes of sub-sub
573 subparagraph (I), a sanction imposed in this state or in any
574 other jurisdiction includes, but is not limited to, a fine,
575 probation, community control, parole, conditional release,
576 control release, or incarceration in a state prison, federal
577 prison, private correctional facility, or local detention
578 facility;
579 b. Establishes or maintains a residence in this state and
580 who has not been designated as a sexual predator by a court of
581 this state but who has been designated as a sexual predator, as
582 a sexually violent predator, or by another sexual offender
583 designation in another state or jurisdiction and was, as a
584 result of such designation, subjected to registration or
585 community or public notification, or both, or would be if the
586 person were a resident of that state or jurisdiction, without
587 regard to whether the person otherwise meets the criteria for
588 registration as a sexual offender;
589 c. Establishes or maintains a residence in this state who
590 is in the custody or control of, or under the supervision of,
591 any other state or jurisdiction as a result of a conviction for
592 committing, or attempting, soliciting, or conspiring to commit,
593 any of the criminal offenses proscribed in the following
594 statutes or similar offense in another jurisdiction: s.
595 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
596 787.025(2)(c), where the victim is a minor and the defendant is
597 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
598 or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
599 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
600 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
601 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
602 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
603 985.701(1); or any similar offense committed in this state which
604 has been redesignated from a former statute number to one of
605 those listed in this sub-subparagraph; or
606 d. On or after July 1, 2007, has been adjudicated
607 delinquent for committing, or attempting, soliciting, or
608 conspiring to commit, any of the criminal offenses proscribed in
609 the following statutes in this state or similar offenses in
610 another jurisdiction when the juvenile was 14 years of age or
611 older at the time of the offense:
612 (I) Section 794.011, excluding s. 794.011(10);
613 (II) Section 800.04(4)(a)2. where the victim is under 12
614 years of age or where the court finds sexual activity by the use
615 of force or coercion;
616 (III) Section 800.04(5)(c)1. where the court finds
617 molestation involving unclothed genitals; or
618 (IV) Section 800.04(5)(d) where the court finds the use of
619 force or coercion and unclothed genitals.
620 2. For all qualifying offenses listed in sub-subparagraph
621 (1)(a)1.d., the court shall make a written finding of the age of
622 the offender at the time of the offense.
623
624 For each violation of a qualifying offense listed in this
625 subsection, except for a violation of s. 794.011, the court
626 shall make a written finding of the age of the victim at the
627 time of the offense. For a violation of s. 800.04(4), the court
628 shall also make a written finding indicating whether the offense
629 involved sexual activity and indicating whether the offense
630 involved force or coercion. For a violation of s. 800.04(5), the
631 court shall also make a written finding that the offense did or
632 did not involve unclothed genitals or genital area and that the
633 offense did or did not involve the use of force or coercion.
634 Section 13. Paragraph (b) of subsection (1) of section
635 944.606, Florida Statutes, is amended to read:
636 944.606 Sexual offenders; notification upon release.—
637 (1) As used in this section:
638 (b) “Sexual offender” means a person who has been convicted
639 of committing, or attempting, soliciting, or conspiring to
640 commit, any of the criminal offenses proscribed in the following
641 statutes in this state or similar offenses in another
642 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
643 787.02, or s. 787.025(2)(c), where the victim is a minor and the
644 defendant is not the victim’s parent or guardian; s.
645 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
646 Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
647 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
648 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
649 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
650 916.1075(2); or s. 985.701(1); or any similar offense committed
651 in this state which has been redesignated from a former statute
652 number to one of those listed in this subsection, when the
653 department has received verified information regarding such
654 conviction; an offender’s computerized criminal history record
655 is not, in and of itself, verified information.
656 Section 14. Paragraph (a) of subsection (1) of section
657 944.607, Florida Statutes, is amended to read:
658 944.607 Notification to Department of Law Enforcement of
659 information on sexual offenders.—
660 (1) As used in this section, the term:
661 (a) “Sexual offender” means a person who is in the custody
662 or control of, or under the supervision of, the department or is
663 in the custody of a private correctional facility:
664 1. On or after October 1, 1997, as a result of a conviction
665 for committing, or attempting, soliciting, or conspiring to
666 commit, any of the criminal offenses proscribed in the following
667 statutes in this state or similar offenses in another
668 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
669 787.02, or s. 787.025(2)(c), where the victim is a minor and the
670 defendant is not the victim’s parent or guardian; s.
671 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
672 Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
673 former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
674 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
675 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
676 916.1075(2); or s. 985.701(1); or any similar offense committed
677 in this state which has been redesignated from a former statute
678 number to one of those listed in this paragraph; or
679 2. Who establishes or maintains a residence in this state
680 and who has not been designated as a sexual predator by a court
681 of this state but who has been designated as a sexual predator,
682 as a sexually violent predator, or by another sexual offender
683 designation in another state or jurisdiction and was, as a
684 result of such designation, subjected to registration or
685 community or public notification, or both, or would be if the
686 person were a resident of that state or jurisdiction, without
687 regard as to whether the person otherwise meets the criteria for
688 registration as a sexual offender.
689 Section 15. For the purpose of incorporating the amendment
690 made by this act to section 775.08435, Florida Statutes, in a
691 reference thereto, paragraph (m) of subsection (1) of section
692 924.07, Florida Statutes, is reenacted to read:
693 924.07 Appeal by state.—
694 (1) The state may appeal from:
695 (m) An order withholding adjudication of guilt in violation
696 of s. 775.08435.
697 Section 16. This act shall take effect July 1, 2016.