Florida Senate - 2021                      CS for CS for SB 1826
       
       
        
       By the Committees on Rules; and Criminal Justice; and Senator
       Diaz
       
       
       
       
       595-03837-21                                          20211826c2
    1                        A bill to be entitled                      
    2         An act relating to human trafficking; creating s.
    3         90.5034, F.S.; defining terms; providing the
    4         circumstances under which certain communications are
    5         confidential; creating a human trafficking victim
    6         advocate-victim privilege; specifying who may claim
    7         such privilege; providing training requirements for
    8         human trafficking victim advocates and trained
    9         volunteers; amending s. 787.06, F.S.; revising the
   10         definitions of the terms “human trafficking” and
   11         “obtain”; prohibiting a person from engaging in
   12         specified criminal acts relating to human trafficking
   13         with an adult believed to be a child younger than 18
   14         years of age; providing criminal penalties;
   15         encouraging each state attorney to adopt a pro
   16         prosecution policy for acts of human trafficking;
   17         amending s. 948.30, F.S.; requiring a court to impose
   18         specified conditions on probationers or community
   19         controllees who are placed under supervision for
   20         committing a specified human trafficking offense on or
   21         after a certain date; requiring a court to impose
   22         specified conditions on probationers or community
   23         controllees who are placed on community control or sex
   24         offender probation for committing a specified human
   25         trafficking offense on or after a certain date;
   26         reenacting ss. 39.01305(3), 464.013(3)(c),
   27         775.21(4)(a), 943.0435(1)(h), 943.0583(1)(a), and
   28         944.606(1)(f), F.S., relating to appointment of an
   29         attorney for a dependent child with certain special
   30         needs, renewal of license or certificate, the Florida
   31         Sexual Predators Act, sexual offenders required to
   32         register with the department and penalties, human
   33         trafficking victim expunction, and sexual offenders
   34         and notification upon release, respectively, to
   35         incorporate the amendment made to s. 787.06, F.S., in
   36         references thereto; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 90.5034, Florida Statutes, is created to
   41  read:
   42         90.5034 Human trafficking victim advocate-victim
   43  privilege.—
   44         (1)For purposes of this section:
   45         (a)“Anti-human trafficking organization” means a
   46  registered public or private agency that offers assistance to
   47  victims of the offense of human trafficking, as defined in s.
   48  787.06.
   49         (b)“Human trafficking victim” means a person who consults
   50  a human trafficking victim advocate or a trained volunteer for
   51  the purpose of securing advice, counseling, or services
   52  concerning a need arising from an experience of human
   53  trafficking exploitation.
   54         (c)“Human trafficking victim advocate” means an employee
   55  of an anti-human trafficking organization whose primary purpose
   56  is to provide advice, counseling, or services to human
   57  trafficking victims and who complies with the training
   58  requirements under subsection (5).
   59         (d)“Trained volunteer” means a person who volunteers with
   60  an anti-human trafficking organization and who complies with the
   61  training requirements under subsection (5).
   62         (2)A communication between a human trafficking victim
   63  advocate or trained volunteer and a human trafficking victim is
   64  confidential if it is not intended to be disclosed to third
   65  persons other than:
   66         (a)Those persons present to further the interest of the
   67  human trafficking victim in the consultation, examination, or
   68  interview.
   69         (b)Those persons necessary for the transmission of the
   70  communication.
   71         (c)Those persons to whom disclosure is reasonably
   72  necessary to accomplish the purposes for which the human
   73  trafficking victim advocate or trained volunteer is consulted.
   74         (3)A human trafficking victim has a privilege to refuse to
   75  disclose, and to prevent any other person from disclosing, a
   76  confidential communication made by the human trafficking victim
   77  to a human trafficking victim advocate or trained volunteer or a
   78  record made in the course of advising, counseling, or providing
   79  services to the human trafficking victim. Such confidential
   80  communication or record may be disclosed only with the prior
   81  written consent of the human trafficking victim. This privilege
   82  includes any advice given by the human trafficking victim
   83  advocate or trained volunteer to the human trafficking victim in
   84  the course of that relationship.
   85         (4)The privilege may be claimed by:
   86         (a)The human trafficking victim or the human trafficking
   87  victim’s attorney on his or her behalf.
   88         (b)The guardian or conservator of the human trafficking
   89  victim.
   90         (c)The personal representative of a deceased human
   91  trafficking victim.
   92         (d)The human trafficking victim advocate or trained
   93  volunteer, but only on behalf of the human trafficking victim.
   94  The authority of a human trafficking victim advocate or trained
   95  volunteer to claim the privilege is presumed in the absence of
   96  evidence to the contrary.
   97         (5)A human trafficking victim advocate or a trained
   98  volunteer shall:
   99         (a)Complete 24 hours of human trafficking training
  100  delivered by the Office of the Attorney General, the Bureau of
  101  Criminal Justice Programs and Victim Services, and the Florida
  102  Crime Prevention Training Institute.
  103         (b)Within 3 years after completing the training required
  104  under paragraph (a), complete an 8-hour human trafficking update
  105  course.
  106         Section 2. Paragraphs (d) and (g) of subsection (2) and
  107  paragraphs (a), (c), (e), (f), and (g) of subsection (3) of
  108  section 787.06, Florida Statutes, are amended, and subsection
  109  (12) is added to that section, to read:
  110         787.06 Human trafficking.—
  111         (2) As used in this section, the term:
  112         (d) “Human trafficking” means transporting, soliciting,
  113  recruiting, harboring, providing, enticing, maintaining,
  114  purchasing, patronizing, procuring, or obtaining another person
  115  for the purpose of exploitation of that person.
  116         (g) “Obtain” means, in relation to labor, commercial sexual
  117  activity, or services, to receive, take possession of, or take
  118  custody of another person or secure performance thereof.
  119         (3) Any person who knowingly, or in reckless disregard of
  120  the facts, engages in human trafficking, or attempts to engage
  121  in human trafficking, or benefits financially by receiving
  122  anything of value from participation in a venture that has
  123  subjected a person to human trafficking:
  124         (a)1. For labor or services of any child younger than 18
  125  years of under the age or an adult believed by the person to be
  126  a child younger than of 18 years of age commits a felony of the
  127  first degree, punishable as provided in s. 775.082, s. 775.083,
  128  or s. 775.084.
  129         2. Using coercion for labor or services of an adult commits
  130  a felony of the first degree, punishable as provided in s.
  131  775.082, s. 775.083, or s. 775.084.
  132         (c)1. For labor or services of any child younger than 18
  133  years of under the age or an adult believed by the person to be
  134  a child younger than of 18 years of age who is an unauthorized
  135  alien commits a felony of the first degree, punishable as
  136  provided in s. 775.082, s. 775.083, or s. 775.084.
  137         2. Using coercion for labor or services of an adult who is
  138  an unauthorized alien commits a felony of the first degree,
  139  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  140         (e)1. For labor or services who does so by the transfer or
  141  transport of any child younger than 18 years of under the age or
  142  an adult believed by the person to be a child younger than of 18
  143  years of age from outside this state to within this the state
  144  commits a felony of the first degree, punishable as provided in
  145  s. 775.082, s. 775.083, or s. 775.084.
  146         2. Using coercion for labor or services who does so by the
  147  transfer or transport of an adult from outside this state to
  148  within this the state commits a felony of the first degree,
  149  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  150         (f)1. For commercial sexual activity who does so by the
  151  transfer or transport of any child younger than 18 years of
  152  under the age or an adult believed by the person to be a child
  153  younger than of 18 years of age from outside this state to
  154  within this the state commits a felony of the first degree,
  155  punishable by imprisonment for a term of years not exceeding
  156  life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
  157         2. Using coercion for commercial sexual activity who does
  158  so by the transfer or transport of an adult from outside this
  159  state to within this the state commits a felony of the first
  160  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  161  775.084.
  162         (g) For commercial sexual activity in which any child
  163  younger than 18 years of under the age or an adult believed by
  164  the person to be a child younger than of 18 years of age, or in
  165  which any person who is mentally defective or mentally
  166  incapacitated as those terms are defined in s. 794.011(1), is
  167  involved commits a life felony, punishable as provided in s.
  168  775.082(3)(a)6., s. 775.083, or s. 775.084.
  169  
  170  For each instance of human trafficking of any individual under
  171  this subsection, a separate crime is committed and a separate
  172  punishment is authorized.
  173         (12)The Legislature encourages each state attorney to
  174  adopt a pro-prosecution policy for human trafficking offenses,
  175  as provided in this section. After consulting the victim, or
  176  making a good faith attempt to consult the victim, the state
  177  attorney shall determine the filing, nonfiling, or diversion of
  178  criminal charges even in circumstances where there is no
  179  cooperation from a victim or over the objection of the victim,
  180  if necessary.
  181         Section 3. Subsections (1) and (2) of section 948.30,
  182  Florida Statutes, are amended to read:
  183         948.30 Additional terms and conditions of probation or
  184  community control for certain sex offenses.—Conditions imposed
  185  pursuant to this section do not require oral pronouncement at
  186  the time of sentencing and shall be considered standard
  187  conditions of probation or community control for offenders
  188  specified in this section.
  189         (1) Effective for probationers or community controllees
  190  whose crime was committed on or after October 1, 1995, and who
  191  are placed under supervision for a violation of chapter 794, s.
  192  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose
  193  crime was committed on or after July 1, 2021, and who are placed
  194  under supervision for a violation of s. 787.06(3)(b), (d), (f),
  195  or (g), the court must impose the following conditions in
  196  addition to all other standard and special conditions imposed:
  197         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
  198  designate another 8-hour period if the offender’s employment
  199  precludes the above specified time, and the alternative is
  200  recommended by the Department of Corrections. If the court
  201  determines that imposing a curfew would endanger the victim, the
  202  court may consider alternative sanctions.
  203         (b) If the victim was under the age of 18, a prohibition on
  204  living within 1,000 feet of a school, child care facility, park,
  205  playground, or other place where children regularly congregate,
  206  as prescribed by the court. The 1,000-foot distance shall be
  207  measured in a straight line from the offender’s place of
  208  residence to the nearest boundary line of the school, child care
  209  facility, park, playground, or other place where children
  210  congregate. The distance may not be measured by a pedestrian
  211  route or automobile route. A probationer or community controllee
  212  who is subject to this paragraph may not be forced to relocate
  213  and does not violate his or her probation or community control
  214  if he or she is living in a residence that meets the
  215  requirements of this paragraph and a school, child care
  216  facility, park, playground, or other place where children
  217  regularly congregate is subsequently established within 1,000
  218  feet of his or her residence.
  219         (c) Active participation in and successful completion of a
  220  sex offender treatment program with qualified practitioners
  221  specifically trained to treat sex offenders, at the
  222  probationer’s or community controllee’s own expense. If a
  223  qualified practitioner is not available within a 50-mile radius
  224  of the probationer’s or community controllee’s residence, the
  225  offender shall participate in other appropriate therapy.
  226         (d) A prohibition on any contact with the victim, directly
  227  or indirectly, including through a third person, unless approved
  228  by the victim, a qualified practitioner in the sexual offender
  229  treatment program, and the sentencing court.
  230         (e) If the victim was under the age of 18, a prohibition on
  231  contact with a child under the age of 18 except as provided in
  232  this paragraph. The court may approve supervised contact with a
  233  child under the age of 18 if the approval is based upon a
  234  recommendation for contact issued by a qualified practitioner
  235  who is basing the recommendation on a risk assessment. Further,
  236  the sex offender must be currently enrolled in or have
  237  successfully completed a sex offender therapy program. The court
  238  may not grant supervised contact with a child if the contact is
  239  not recommended by a qualified practitioner and may deny
  240  supervised contact with a child at any time. When considering
  241  whether to approve supervised contact with a child, the court
  242  must review and consider the following:
  243         1. A risk assessment completed by a qualified practitioner.
  244  The qualified practitioner must prepare a written report that
  245  must include the findings of the assessment and address each of
  246  the following components:
  247         a. The sex offender’s current legal status;
  248         b. The sex offender’s history of adult charges with
  249  apparent sexual motivation;
  250         c. The sex offender’s history of adult charges without
  251  apparent sexual motivation;
  252         d. The sex offender’s history of juvenile charges, whenever
  253  available;
  254         e. The sex offender’s offender treatment history, including
  255  consultations with the sex offender’s treating, or most recent
  256  treating, therapist;
  257         f. The sex offender’s current mental status;
  258         g. The sex offender’s mental health and substance abuse
  259  treatment history as provided by the Department of Corrections;
  260         h. The sex offender’s personal, social, educational, and
  261  work history;
  262         i. The results of current psychological testing of the sex
  263  offender if determined necessary by the qualified practitioner;
  264         j. A description of the proposed contact, including the
  265  location, frequency, duration, and supervisory arrangement;
  266         k. The child’s preference and relative comfort level with
  267  the proposed contact, when age appropriate;
  268         l. The parent’s or legal guardian’s preference regarding
  269  the proposed contact; and
  270         m. The qualified practitioner’s opinion, along with the
  271  basis for that opinion, as to whether the proposed contact would
  272  likely pose significant risk of emotional or physical harm to
  273  the child.
  274  
  275  The written report of the assessment must be given to the court;
  276         2. A recommendation made as a part of the risk assessment
  277  report as to whether supervised contact with the child should be
  278  approved;
  279         3. A written consent signed by the child’s parent or legal
  280  guardian, if the parent or legal guardian is not the sex
  281  offender, agreeing to the sex offender having supervised contact
  282  with the child after receiving full disclosure of the sex
  283  offender’s present legal status, past criminal history, and the
  284  results of the risk assessment. The court may not approve
  285  contact with the child if the parent or legal guardian refuses
  286  to give written consent for supervised contact;
  287         4. A safety plan prepared by the qualified practitioner,
  288  who provides treatment to the offender, in collaboration with
  289  the sex offender, the child’s parent or legal guardian, if the
  290  parent or legal guardian is not the sex offender, and the child,
  291  when age appropriate, which details the acceptable conditions of
  292  contact between the sex offender and the child. The safety plan
  293  must be reviewed and approved by the court; and
  294         5. Evidence that the child’s parent or legal guardian
  295  understands the need for and agrees to the safety plan and has
  296  agreed to provide, or to designate another adult to provide,
  297  constant supervision any time the child is in contact with the
  298  offender.
  299  
  300  The court may not appoint a person to conduct a risk assessment
  301  and may not accept a risk assessment from a person who has not
  302  demonstrated to the court that he or she has met the
  303  requirements of a qualified practitioner as defined in this
  304  section.
  305         (f) If the victim was under age 18, a prohibition on
  306  working for pay or as a volunteer at any place where children
  307  regularly congregate, including, but not limited to, schools,
  308  child care facilities, parks, playgrounds, pet stores,
  309  libraries, zoos, theme parks, and malls.
  310         (g) Unless otherwise indicated in the treatment plan
  311  provided by a qualified practitioner in the sexual offender
  312  treatment program, a prohibition on viewing, accessing, owning,
  313  or possessing any obscene, pornographic, or sexually stimulating
  314  visual or auditory material, including telephone, electronic
  315  media, computer programs, or computer services that are relevant
  316  to the offender’s deviant behavior pattern.
  317         (h) Effective for probationers and community controllees
  318  whose crime is committed on or after July 1, 2005, a prohibition
  319  on accessing the Internet or other computer services until a
  320  qualified practitioner in the offender’s sex offender treatment
  321  program, after a risk assessment is completed, approves and
  322  implements a safety plan for the offender’s accessing or using
  323  the Internet or other computer services.
  324         (i) A requirement that the probationer or community
  325  controllee must submit a specimen of blood or other approved
  326  biological specimen to the Department of Law Enforcement to be
  327  registered with the DNA data bank.
  328         (j) A requirement that the probationer or community
  329  controllee make restitution to the victim, as ordered by the
  330  court under s. 775.089, for all necessary medical and related
  331  professional services relating to physical, psychiatric, and
  332  psychological care.
  333         (k) Submission to a warrantless search by the community
  334  control or probation officer of the probationer’s or community
  335  controllee’s person, residence, or vehicle.
  336         (2) Effective for a probationer or community controllee
  337  whose crime was committed on or after October 1, 1997, and who
  338  is placed on community control or sex offender probation for a
  339  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  340  or s. 847.0145, or whose crime was committed on or after July 1,
  341  2021, and who is placed on community control or sex offender
  342  probation for a violation of s. 787.06(3)(b), (d), (f), or (g),
  343  in addition to any other provision of this section, the court
  344  must impose the following conditions of probation or community
  345  control:
  346         (a) As part of a treatment program, participation at least
  347  annually in polygraph examinations to obtain information
  348  necessary for risk management and treatment and to reduce the
  349  sex offender’s denial mechanisms. A polygraph examination must
  350  be conducted by a polygrapher who is a member of a national or
  351  state polygraph association and who is certified as a
  352  postconviction sex offender polygrapher, where available, and
  353  shall be paid for by the probationer or community controllee.
  354  The results of the polygraph examination shall be provided to
  355  the probationer’s or community controllee’s probation officer
  356  and qualified practitioner and shall not be used as evidence in
  357  court to prove that a violation of community supervision has
  358  occurred.
  359         (b) Maintenance of a driving log and a prohibition against
  360  driving a motor vehicle alone without the prior approval of the
  361  supervising officer.
  362         (c) A prohibition against obtaining or using a post office
  363  box without the prior approval of the supervising officer.
  364         (d) If there was sexual contact, a submission to, at the
  365  probationer’s or community controllee’s expense, an HIV test
  366  with the results to be released to the victim or the victim’s
  367  parent or guardian.
  368         (e) Electronic monitoring when deemed necessary by the
  369  community control or probation officer and his or her
  370  supervisor, and ordered by the court at the recommendation of
  371  the Department of Corrections.
  372         Section 4. For the purpose of incorporating the amendment
  373  made by this act to section 787.06, Florida Statutes, in a
  374  reference thereto, subsection (3) of section 39.01305, Florida
  375  Statutes, is reenacted to read:
  376         39.01305 Appointment of an attorney for a dependent child
  377  with certain special needs.—
  378         (3) An attorney shall be appointed for a dependent child
  379  who:
  380         (a) Resides in a skilled nursing facility or is being
  381  considered for placement in a skilled nursing home;
  382         (b) Is prescribed a psychotropic medication but declines
  383  assent to the psychotropic medication;
  384         (c) Has a diagnosis of a developmental disability as
  385  defined in s. 393.063;
  386         (d) Is being placed in a residential treatment center or
  387  being considered for placement in a residential treatment
  388  center; or
  389         (e) Is a victim of human trafficking as defined in s.
  390  787.06(2)(d).
  391         Section 5. For the purpose of incorporating the amendment
  392  made by this act to section 787.06, Florida Statutes, in a
  393  reference thereto, paragraph (c) of subsection (3) of section
  394  464.013, Florida Statutes, is reenacted to read:
  395         464.013 Renewal of license or certificate.—
  396         (3) The board shall by rule prescribe up to 30 hours of
  397  continuing education biennially as a condition for renewal of a
  398  license or certificate.
  399         (c) Notwithstanding the exemption in paragraph (a), as part
  400  of the maximum biennial continuing education hours required
  401  under this subsection, the board shall require each person
  402  licensed or certified under this chapter to complete a 2-hour
  403  continuing education course on human trafficking, as defined in
  404  s. 787.06(2). The continuing education course must consist of
  405  data and information on the types of human trafficking, such as
  406  labor and sex, and the extent of human trafficking; factors that
  407  place a person at greater risk of being a victim of human
  408  trafficking; public and private social services available for
  409  rescue, food, clothing, and shelter referrals; hotlines for
  410  reporting human trafficking which are maintained by the National
  411  Human Trafficking Resource Center and the United States
  412  Department of Homeland Security; validated assessment tools for
  413  identifying a human trafficking victim and general indicators
  414  that a person may be a victim of human trafficking; procedures
  415  for sharing information related to human trafficking with a
  416  patient; and referral options for legal and social services. All
  417  licensees must complete this course for every biennial licensure
  418  renewal on or after January 1, 2019.
  419         Section 6. For the purpose of incorporating the amendment
  420  made by this act to section 787.06, Florida Statutes, in a
  421  reference thereto, paragraph (a) of subsection (4) of section
  422  775.21, Florida Statutes, is reenacted to read:
  423         775.21 The Florida Sexual Predators Act.—
  424         (4) SEXUAL PREDATOR CRITERIA.—
  425         (a) For a current offense committed on or after October 1,
  426  1993, upon conviction, an offender shall be designated as a
  427  “sexual predator” under subsection (5), and subject to
  428  registration under subsection (6) and community and public
  429  notification under subsection (7) if:
  430         1. The felony is:
  431         a. A capital, life, or first degree felony violation, or
  432  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  433  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  434  violation of a similar law of another jurisdiction; or
  435         b. Any felony violation, or any attempt thereof, of s.
  436  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  437  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  438  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  439  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  440  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  441  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  442  the court makes a written finding that the racketeering activity
  443  involved at least one sexual offense listed in this sub
  444  subparagraph or at least one offense listed in this sub
  445  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  446  985.701(1); or a violation of a similar law of another
  447  jurisdiction, and the offender has previously been convicted of
  448  or found to have committed, or has pled nolo contendere or
  449  guilty to, regardless of adjudication, any violation of s.
  450  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  451  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  452  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  453  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  454  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  455  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  456  makes a written finding that the racketeering activity involved
  457  at least one sexual offense listed in this sub-subparagraph or
  458  at least one offense listed in this sub-subparagraph with sexual
  459  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  460  violation of a similar law of another jurisdiction;
  461         2. The offender has not received a pardon for any felony or
  462  similar law of another jurisdiction that is necessary for the
  463  operation of this paragraph; and
  464         3. A conviction of a felony or similar law of another
  465  jurisdiction necessary to the operation of this paragraph has
  466  not been set aside in any postconviction proceeding.
  467         Section 7. For the purpose of incorporating the amendment
  468  made by this act to section 787.06, Florida Statutes, in
  469  references thereto, paragraph (h) of subsection (1) of section
  470  943.0435, Florida Statutes, is reenacted to read:
  471         943.0435 Sexual offenders required to register with the
  472  department; penalty.—
  473         (1) As used in this section, the term:
  474         (h)1. “Sexual offender” means a person who meets the
  475  criteria in sub-subparagraph a., sub-subparagraph b., sub
  476  subparagraph c., or sub-subparagraph d., as follows:
  477         a.(I) Has been convicted of committing, or attempting,
  478  soliciting, or conspiring to commit, any of the criminal
  479  offenses proscribed in the following statutes in this state or
  480  similar offenses in another jurisdiction: s. 393.135(2); s.
  481  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  482  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  483  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  484  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  485  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  486  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  487  s. 895.03, if the court makes a written finding that the
  488  racketeering activity involved at least one sexual offense
  489  listed in this sub-sub-subparagraph or at least one offense
  490  listed in this sub-sub-subparagraph with sexual intent or
  491  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  492  committed in this state which has been redesignated from a
  493  former statute number to one of those listed in this sub-sub
  494  subparagraph; and
  495         (II) Has been released on or after October 1, 1997, from
  496  the sanction imposed for any conviction of an offense described
  497  in sub-sub-subparagraph (I). For purposes of sub-sub
  498  subparagraph (I), a sanction imposed in this state or in any
  499  other jurisdiction includes, but is not limited to, a fine,
  500  probation, community control, parole, conditional release,
  501  control release, or incarceration in a state prison, federal
  502  prison, private correctional facility, or local detention
  503  facility;
  504         b. Establishes or maintains a residence in this state and
  505  who has not been designated as a sexual predator by a court of
  506  this state but who has been designated as a sexual predator, as
  507  a sexually violent predator, or by another sexual offender
  508  designation in another state or jurisdiction and was, as a
  509  result of such designation, subjected to registration or
  510  community or public notification, or both, or would be if the
  511  person were a resident of that state or jurisdiction, without
  512  regard to whether the person otherwise meets the criteria for
  513  registration as a sexual offender;
  514         c. Establishes or maintains a residence in this state who
  515  is in the custody or control of, or under the supervision of,
  516  any other state or jurisdiction as a result of a conviction for
  517  committing, or attempting, soliciting, or conspiring to commit,
  518  any of the criminal offenses proscribed in the following
  519  statutes or similar offense in another jurisdiction: s.
  520  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  521  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  522  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  523  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  524  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  525  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  526  s. 847.0145; s. 895.03, if the court makes a written finding
  527  that the racketeering activity involved at least one sexual
  528  offense listed in this sub-subparagraph or at least one offense
  529  listed in this sub-subparagraph with sexual intent or motive; s.
  530  916.1075(2); or s. 985.701(1); or any similar offense committed
  531  in this state which has been redesignated from a former statute
  532  number to one of those listed in this sub-subparagraph; or
  533         d. On or after July 1, 2007, has been adjudicated
  534  delinquent for committing, or attempting, soliciting, or
  535  conspiring to commit, any of the criminal offenses proscribed in
  536  the following statutes in this state or similar offenses in
  537  another jurisdiction when the juvenile was 14 years of age or
  538  older at the time of the offense:
  539         (I) Section 794.011, excluding s. 794.011(10);
  540         (II) Section 800.04(4)(a)2. where the victim is under 12
  541  years of age or where the court finds sexual activity by the use
  542  of force or coercion;
  543         (III) Section 800.04(5)(c)1. where the court finds
  544  molestation involving unclothed genitals;
  545         (IV) Section 800.04(5)(d) where the court finds the use of
  546  force or coercion and unclothed genitals; or
  547         (V) Any similar offense committed in this state which has
  548  been redesignated from a former statute number to one of those
  549  listed in this sub-subparagraph.
  550         2. For all qualifying offenses listed in sub-subparagraph
  551  1.d., the court shall make a written finding of the age of the
  552  offender at the time of the offense.
  553  
  554  For each violation of a qualifying offense listed in this
  555  subsection, except for a violation of s. 794.011, the court
  556  shall make a written finding of the age of the victim at the
  557  time of the offense. For a violation of s. 800.04(4), the court
  558  shall also make a written finding indicating whether the offense
  559  involved sexual activity and indicating whether the offense
  560  involved force or coercion. For a violation of s. 800.04(5), the
  561  court shall also make a written finding that the offense did or
  562  did not involve unclothed genitals or genital area and that the
  563  offense did or did not involve the use of force or coercion.
  564         Section 8. For the purpose of incorporating the amendment
  565  made by this act to section 787.06, Florida Statutes, in a
  566  reference thereto, paragraph (a) of subsection (1) of section
  567  943.0583, Florida Statutes, is reenacted to read:
  568         943.0583 Human trafficking victim expunction.—
  569         (1) As used in this section, the term:
  570         (a) “Human trafficking” has the same meaning as provided in
  571  s. 787.06.
  572         Section 9. For the purpose of incorporating the amendment
  573  made by this act to section 787.06, Florida Statutes, in a
  574  reference thereto, paragraph (f) of subsection (1) of section
  575  944.606, Florida Statutes, is reenacted to read:
  576         944.606 Sexual offenders; notification upon release.—
  577         (1) As used in this section, the term:
  578         (f) “Sexual offender” means a person who has been convicted
  579  of committing, or attempting, soliciting, or conspiring to
  580  commit, any of the criminal offenses proscribed in the following
  581  statutes in this state or similar offenses in another
  582  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  583  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  584  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  585  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  586  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  587  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  588  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  589  makes a written finding that the racketeering activity involved
  590  at least one sexual offense listed in this paragraph or at least
  591  one offense listed in this paragraph with sexual intent or
  592  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  593  committed in this state which has been redesignated from a
  594  former statute number to one of those listed in this subsection,
  595  when the department has received verified information regarding
  596  such conviction; an offender’s computerized criminal history
  597  record is not, in and of itself, verified information.
  598         Section 10. This act shall take effect July 1, 2021.