Florida Senate - 2025 CS for CS for SB 1804
By the Committee on Fiscal Policy; the Appropriations Committee
on Criminal and Civil Justice; and Senator Martin
594-03826-25 20251804c2
1 A bill to be entitled
2 An act relating to capital human trafficking of
3 vulnerable persons for sexual exploitation; amending
4 s. 92.565, F.S.; specifying that a defendant’s
5 memorialized confession or admission in cases of
6 capital human trafficking of vulnerable persons for
7 sexual exploitation is admissible during trial under
8 specified circumstances; amending s. 456.51, F.S.;
9 specifying that consent is not required for pelvic
10 examinations administered pursuant to a criminal
11 investigation of an alleged violation of capital human
12 trafficking of vulnerable persons for sexual
13 exploitation; amending s. 775.0877, F.S.; requiring a
14 court to order a person who is convicted of or who had
15 pled nolo contendere or guilty to, or to the attempt
16 thereof, capital human trafficking of vulnerable
17 persons for sexual exploitation to undergo HIV
18 testing; amending s. 775.21, F.S.; requiring that an
19 offender who is convicted of committing capital human
20 trafficking of vulnerable persons for sexual
21 exploitation be designated as a sexual predator;
22 amending s. 787.01, F.S.; specifying that a person
23 commits a life felony if the person kidnaps a child
24 under a certain age and in the course of committing
25 that offense commits capital human trafficking of
26 vulnerable persons for sexual exploitation; amending
27 s. 787.02, F.S.; specifying that a person commits a
28 felony of the first degree if the person falsely
29 imprisons a child under a certain age and in the
30 course of committing that offense commits capital
31 human trafficking of vulnerable persons for sexual
32 exploitation; amending s. 787.06, F.S.; defining the
33 term “sexual exploitation”; prohibiting a person 18
34 years of age or older from knowingly initiating,
35 organizing, planning, financing, directing, managing,
36 or supervising a venture that has subjected a child
37 younger than 12 years of age, or a person who is
38 mentally defective or mentally incapacitated, to human
39 trafficking for sexual exploitation; providing a
40 criminal penalty; requiring the state to give a
41 specified notice if it intends to seek the death
42 penalty for a violation of the offense; creating s.
43 921.1427, F.S.; providing legislative findings and
44 intent; providing for separate death penalty
45 proceedings in certain cases; providing for findings
46 and recommended sentences by a jury; providing for
47 imposition of sentence of life imprisonment or death;
48 providing requirements for a court order in support of
49 a life imprisonment or death sentence; providing for
50 automatic review of sentences of death within a
51 certain time period; specifying aggravating factors
52 and mitigating circumstances; providing for victim
53 impact evidence; providing for resentencing if
54 provisions are found to be unconstitutional; providing
55 applicability; amending s. 924.07, F.S.; authorizing
56 the state to appeal from a certain sentence on the
57 ground that it resulted from the failure of the
58 circuit court to comply with specified sentencing
59 procedure requirements; amending ss. 943.0435,
60 944.606, and 944.607, F.S.; revising the definition of
61 the term “sexual offender”; amending s. 948.32, F.S.;
62 requiring state or local law enforcement agencies to
63 contact the Department of Corrections if they
64 investigate or arrest a person for committing, or
65 attempting, soliciting, or conspiring to commit,
66 capital human trafficking of vulnerable persons for
67 sexual exploitation; amending s. 960.065, F.S.;
68 revising eligibility for awards for victim assistance;
69 amending ss. 921.137 and 921.141, F.S.; conforming
70 provisions to changes made by the act; reenacting s.
71 16.713(1)(c), F.S., relating to the Florida Gaming
72 Control Commission, appointment and employment
73 restrictions, to incorporate the amendment made to s.
74 775.21, F.S., in a reference thereto; reenacting s.
75 39.0139(3)(a), F.S., relating to visitation or other
76 contact and restrictions, to incorporate the amendment
77 made to s. 775.21, F.S., in a reference thereto;
78 reenacting s. 39.509(6)(b), F.S., relating to
79 grandparents rights, to incorporate the amendment made
80 to s. 775.21, F.S., in a reference thereto; reenacting
81 s. 39.806(1)(d) and (n), F.S., relating to grounds for
82 termination of parental rights, to incorporate the
83 amendment made to s. 775.21, F.S., in references
84 thereto; reenacting s. 61.13(9)(c), F.S., relating to
85 support of children, parenting and time-sharing, and
86 powers of the court, to incorporate the amendment made
87 to s. 775.21, F.S., in a reference thereto; reenacting
88 s. 63.089(4)(b), F.S., relating to proceeding to
89 terminate parental rights pending adoption, hearing,
90 grounds, dismissal of petition, and judgment, to
91 incorporate the amendment made to s. 775.21, F.S., in
92 a reference thereto; reenacting s. 63.092(3), F.S.,
93 relating to report to the court of intended placement
94 by an adoption entity, at-risk placement, and
95 preliminary study, to incorporate the amendment made
96 to s. 775.21, F.S., in a reference thereto; reenacting
97 s. 68.07(3)(i) and (6), F.S., relating to change of
98 name, to incorporate the amendment made to s. 775.21,
99 F.S., in references thereto; reenacting s.
100 92.55(1)(b), F.S., relating to special protections in
101 proceedings involving a victim or witness under 18,
102 person with intellectual disability, or sexual offense
103 victim, to incorporate the amendment made to s.
104 775.21, F.S., in a reference thereto; reenacting s.
105 322.141(3), F.S., relating to color or markings of
106 certain licenses or identification cards, to
107 incorporate the amendment made to s. 775.21, F.S., in
108 a reference thereto; reenacting s. 397.487(10)(b),
109 F.S., relating to voluntary certification of recovery
110 residences, to incorporate the amendment made to s.
111 775.21, F.S., in a reference thereto; reenacting s.
112 435.07(4)(b), F.S., relating to exemptions from
113 disqualification, to incorporate the amendment made to
114 s. 775.21, F.S., in a reference thereto; reenacting s.
115 455.213(3)(b), F.S., relating to general licensing
116 provisions, to incorporate the amendment made to s.
117 775.21, F.S., in a reference thereto; reenacting s.
118 489.553(7), F.S., relating to administration of part,
119 registration qualifications, and examination, to
120 incorporate the amendment made to s. 775.21, F.S., in
121 a reference thereto; reenacting s. 507.07(10), F.S.,
122 relating to violations, to incorporate the amendment
123 made to s. 775.21, F.S., in a reference thereto;
124 reenacting s. 775.13(4), F.S., relating to
125 registration of convicted felons, exemptions, and
126 penalties, to incorporate the amendment made to s.
127 775.21, F.S., in a reference thereto; reenacting s.
128 775.25, F.S., relating to prosecutions for acts or
129 omissions, to incorporate the amendment made to s.
130 775.21, F.S., in a reference thereto; reenacting s.
131 794.075(1), F.S., relating to sexual predators and
132 erectile dysfunction drugs, to incorporate the
133 amendment made to s. 775.21, F.S., in a reference
134 thereto; reenacting s. 900.05(2)(cc), F.S., relating
135 to criminal justice data collection, to incorporate
136 the amendment made to s. 775.21, F.S., in a reference
137 thereto; reenacting s. 903.0351(1)(c), F.S., relating
138 to restrictions on pretrial release pending probation
139 violation hearing or community-control-violation
140 hearing, to incorporate the amendment made to s.
141 775.21, F.S., in a reference thereto; reenacting s.
142 903.046(2)(m), F.S., relating to purpose of and
143 criteria for bail determination, to incorporate the
144 amendment made to s. 775.21, F.S., in a reference
145 thereto; reenacting s. 903.133(3), F.S., relating to
146 bail on appeal prohibited for certain felony
147 convictions, to incorporate the amendment made to s.
148 775.21, F.S., in a reference thereto; reenacting s.
149 907.043(4)(b), F.S., relating to pretrial release and
150 citizens’ right to know, to incorporate the amendment
151 made to s. 775.21, F.S., in a reference thereto;
152 reenacting s. 938.10(1), F.S., relating to additional
153 court cost imposed in cases of certain crimes, to
154 incorporate the amendment made to s. 775.21, F.S., in
155 a reference thereto; reenacting s. 943.0435(5), F.S.,
156 relating to sexual offenders required to register with
157 the department and penalties, to incorporate the
158 amendment made to s. 775.21, F.S., in a reference
159 thereto; reenacting s. 943.0584(2), F.S., relating to
160 criminal history records ineligible for court-ordered
161 expunction or court-ordered sealing, to incorporate
162 the amendment made to s. 775.21, F.S., in a reference
163 thereto; reenacting s. 944.609(4), F.S., relating to
164 career offenders and notification upon release, to
165 incorporate the amendment made to s. 775.21, F.S., in
166 a reference thereto; reenacting s. 947.1405(2)(c) and
167 (10), F.S., relating to conditional release program,
168 to incorporate the amendment made to s. 775.21, F.S.,
169 in references thereto; reenacting s. 948.013(2)(b),
170 F.S., relating to administrative probation, to
171 incorporate the amendment made to s. 775.21, F.S., in
172 a reference thereto; reenacting s. 948.05(2)(f), F.S.,
173 relating to court to admonish or commend probationer
174 or offender in community control and graduated
175 incentives, to incorporate the amendment made to s.
176 775.21, F.S., in a reference thereto; reenacting s.
177 948.06(4) and (8)(b) and (d), F.S., relating to
178 violation of probation or community control,
179 revocation, modification, continuance, and failure to
180 pay restitution or cost of supervision, to incorporate
181 the amendment made to s. 775.21, F.S., in references
182 thereto; reenacting s. 948.063, F.S., relating to
183 violations of probation or community control by
184 designated sexual offenders and sexual predators, to
185 incorporate the amendment made to s. 775.21, F.S., in
186 a reference thereto; reenacting s. 948.064(4), F.S.,
187 relating to notification of status as a violent felony
188 offender of special concern, to incorporate the
189 amendment made to s. 775.21, F.S., in a reference
190 thereto; reenacting s. 948.12, F.S., relating to
191 intensive supervision for postprison release of
192 violent offenders, to incorporate the amendment made
193 to s. 775.21, F.S., in a reference thereto; reenacting
194 s. 948.30(3), F.S., relating to additional terms and
195 conditions of probation or community control for
196 certain sex offenses, to incorporate the amendment
197 made to s. 775.21, F.S., in a reference thereto;
198 reenacting s. 948.31, F.S., relating to evaluation and
199 treatment of sexual predators and offenders on
200 probation or community control, to incorporate the
201 amendment made to s. 775.21, F.S., in a reference
202 thereto; reenacting s. 985.04(6)(b), F.S., relating to
203 oaths, records, and confidential information, to
204 incorporate the amendment made to s. 775.21, F.S., in
205 a reference thereto; reenacting s. 61.13(2)(c) and
206 (9)(c), F.S., relating to support of children,
207 parenting and time-sharing, and powers of the court,
208 to incorporate the amendment made to s. 943.0435,
209 F.S., in references thereto; reenacting s. 68.07(3)(i)
210 and (6), F.S., relating to change of name, to
211 incorporate the amendment made to s. 943.0435, F.S.,
212 in references thereto; reenacting s. 92.55(1)(b),
213 F.S., relating to special protections in proceedings
214 involving a victim or witness under 18, person with
215 intellectual disability, or sexual offense victim, to
216 incorporate the amendment made to s. 943.0435, F.S.,
217 in a reference thereto; reenacting s. 98.0751(2)(b),
218 F.S., relating to restoration of voting rights and
219 termination of ineligibility subsequent to a felony
220 conviction, to incorporate the amendment made to s.
221 943.0435, F.S., in a reference thereto; reenacting s.
222 322.141(3), F.S., relating to color or markings of
223 certain licenses or identification cards, to
224 incorporate the amendment made to s. 943.0435, F.S.,
225 in a reference thereto; reenacting s. 394.9125(2),
226 F.S., relating to state attorney authority to refer a
227 person for civil commitment, to incorporate the
228 amendment made to s. 943.0435, F.S., in a reference
229 thereto; reenacting s. 435.07(4)(b), F.S., relating to
230 exemptions from disqualification, to incorporate the
231 amendment made to s. 943.0435, F.S., in a reference
232 thereto; reenacting s. 775.0862(2), F.S., relating to
233 sexual offenses against students by authority figures
234 and reclassification, to incorporate the amendment
235 made to s. 943.0435, F.S., in a reference thereto;
236 reenacting s. 775.13(4), F.S., relating to
237 registration of convicted felons, exemptions, and
238 penalties, to incorporate the amendment made to s.
239 943.0435, F.S., in a reference thereto; reenacting s.
240 775.24(2), F.S., relating to the duty of the court to
241 uphold laws governing sexual predators and sexual
242 offenders, to incorporate the amendment made to s.
243 943.0435, F.S., in a reference thereto; reenacting s.
244 775.25, F.S., relating to prosecutions for acts or
245 omissions, to incorporate the amendment made to s.
246 943.0435, F.S., in a reference thereto; reenacting s.
247 900.05(2)(cc), F.S., relating to criminal justice data
248 collection, to incorporate the amendment made to s.
249 943.0435, F.S., in a reference thereto; reenacting s.
250 903.046(2)(m), F.S., relating to purpose of and
251 criteria for bail determination, to incorporate the
252 amendment made to s. 943.0435, F.S., in a reference
253 thereto; reenacting s. 903.133, F.S., relating to bail
254 on appeal prohibited for certain felony convictions,
255 to incorporate the amendment made to s. 943.0435,
256 F.S., in a reference thereto; reenacting s.
257 907.043(4)(b), F.S., relating to pretrial release and
258 citizens’ right to know, to incorporate the amendment
259 made to s. 943.0435, F.S., in a reference thereto;
260 reenacting s. 934.255(2)(a), F.S., relating to
261 subpoenas in investigations of sexual offenses, to
262 incorporate the amendment made to s. 943.0435, F.S.,
263 in a reference thereto; reenacting s. 938.10(1), F.S.,
264 relating to additional court cost imposed in cases of
265 certain crimes, to incorporate the amendment made to
266 s. 943.0435, F.S., in a reference thereto; reenacting
267 s. 943.0436(2), F.S., relating to the duty of the
268 court to uphold laws governing sexual predators and
269 sexual offenders, to incorporate the amendment made to
270 s. 943.0435, F.S., in a reference thereto; reenacting
271 s. 943.0584(2), F.S., relating to criminal history
272 records ineligible for court-ordered expunction or
273 court-ordered sealing, to incorporate the amendment
274 made to s. 943.0435, F.S., in a reference thereto;
275 reenacting s. 943.0595(2)(a), F.S., relating to
276 automatic sealing of criminal history records and
277 confidentiality of related court records, to
278 incorporate the amendment made to s. 943.0435, F.S.,
279 in a reference thereto; reenacting s. 947.1405(12),
280 F.S., relating to the conditional release program, to
281 incorporate the amendment made to s. 943.0435, F.S.,
282 in a reference thereto; reenacting s. 948.013(2)(b),
283 F.S., relating to administrative probation, to
284 incorporate the amendment made to s. 943.0435, F.S.,
285 in a reference thereto; reenacting s. 948.05(2)(f),
286 F.S., relating to court to admonish or commend
287 probationer or offender in community control and
288 graduated incentives, to incorporate the amendment
289 made to s. 943.0435, F.S., in a reference thereto;
290 reenacting s. 948.06(4), F.S., relating to violation
291 of probation or community control, revocation,
292 modification, continuance, and failure to pay
293 restitution or cost of supervision, to incorporate the
294 amendment made to s. 943.0435, F.S., in a reference
295 thereto; reenacting s. 948.063, F.S., relating to
296 violations of probation or community control by
297 designated sexual offenders and sexual predators, to
298 incorporate the amendment made to s. 943.0435, F.S.,
299 in a reference thereto; reenacting s. 948.30(4), F.S.,
300 relating to additional terms and conditions of
301 probation or community control for certain sex
302 offenses, to incorporate the amendment made to s.
303 943.0435, F.S., in a reference thereto; reenacting s.
304 948.31, F.S., relating to evaluation and treatment of
305 sexual predators and offenders on probation or
306 community control, to incorporate the amendment made
307 to s. 943.0435, F.S., in a reference thereto;
308 reenacting s. 985.04(6)(b), F.S., relating to oaths,
309 records, and confidential information, to incorporate
310 the amendment made to s. 943.0435, F.S., in a
311 reference thereto; reenacting s. 1012.467(2)(b), F.S.,
312 relating to noninstructional contractors who are
313 permitted access to school grounds when students are
314 present and background screening requirements, to
315 incorporate the amendment made to s. 943.0435, F.S.,
316 in a reference thereto; reenacting s. 775.24(2), F.S.,
317 relating to the duty of the court to uphold laws
318 governing sexual predators and sexual offenders, to
319 incorporate the amendment made to s. 944.606, F.S., in
320 a reference thereto; reenacting s. 775.25, F.S.,
321 relating to prosecutions for acts or omissions, to
322 incorporate the amendment made to s. 944.606, F.S., in
323 a reference thereto; reenacting s. 943.0436(2), F.S.,
324 relating to the duty of the court to uphold laws
325 governing sexual predators and sexual offenders, to
326 incorporate the amendment made to s. 944.606, F.S., in
327 a reference thereto; reenacting s. 948.31, F.S.,
328 relating to evaluation and treatment of sexual
329 predators and offenders on probation or community
330 control, to incorporate the amendment made to s.
331 944.606, F.S., in a reference thereto; reenacting s.
332 985.04(6)(b), F.S., relating to oaths, records, and
333 confidential information, to incorporate the amendment
334 made to s. 944.606, F.S., in a reference thereto;
335 reenacting s. 322.141(3), F.S., relating to color or
336 markings of certain licenses or identification cards,
337 to incorporate the amendment made to s. 944.607, F.S.,
338 in a reference thereto; reenacting s. 775.13(4), F.S.,
339 relating to registration of convicted felons,
340 exemptions, and penalties, to incorporate the
341 amendment made to s. 944.607, F.S., in a reference
342 thereto; reenacting s. 775.24(2), F.S., relating to
343 the duty of the court to uphold laws governing sexual
344 predators and sexual offenders, to incorporate the
345 amendment made to s. 944.607, F.S., in a reference
346 thereto; reenacting s. 775.25, F.S., relating to
347 prosecutions for acts or omissions, to incorporate the
348 amendment made to s. 944.607, F.S., in a reference
349 thereto; reenacting s. 943.0436(2), F.S., relating to
350 the duty of the court to uphold laws governing sexual
351 predators and sexual offenders, to incorporate the
352 amendment made to s. 944.607, F.S., in a reference
353 thereto; reenacting s. 948.06(4), F.S., relating to
354 violation of probation or community control,
355 revocation, modification, continuance, and failure to
356 pay restitution or cost of supervision, to incorporate
357 the amendment made to s. 944.607, F.S., in a reference
358 thereto; reenacting s. 948.063, F.S., relating to
359 violations of probation or community control by
360 designated sexual offenders and sexual predators, to
361 incorporate the amendment made to s. 944.607, F.S., in
362 a reference thereto; reenacting s. 948.31, F.S.,
363 relating to evaluation and treatment of sexual
364 predators and offenders on probation or community
365 control, to incorporate the amendment made to s.
366 944.607, F.S., in a reference thereto; reenacting s.
367 985.04(6)(b), F.S., relating to oaths, records, and
368 confidential information, to incorporate the amendment
369 made to s. 944.607, F.S., in a reference thereto;
370 providing an effective date.
371
372 Be It Enacted by the Legislature of the State of Florida:
373
374 Section 1. Subsection (2) of section 92.565, Florida
375 Statutes, is amended to read:
376 92.565 Admissibility of confession in sexual abuse cases.—
377 (2) In any criminal action in which the defendant is
378 charged with a crime against a victim under s. 787.06(3),
379 involving commercial sexual activity, or (5); s. 794.011; s.
380 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
381 s. 827.04, involving sexual abuse; s. 827.071; or s.
382 847.0135(5), or any other crime involving sexual abuse of
383 another, or with any attempt, solicitation, or conspiracy to
384 commit any of these crimes, the defendant’s memorialized
385 confession or admission is admissible during trial without the
386 state having to prove a corpus delicti of the crime if the court
387 finds in a hearing conducted outside the presence of the jury
388 that the state is unable to show the existence of each element
389 of the crime, and having so found, further finds that the
390 defendant’s confession or admission is trustworthy. Factors
391 which may be relevant in determining whether the state is unable
392 to show the existence of each element of the crime include, but
393 are not limited to, the fact that, at the time the crime was
394 committed, the victim was:
395 (a) Physically helpless, mentally incapacitated, or
396 mentally defective, as those terms are defined in s. 794.011;
397 (b) Physically incapacitated due to age, infirmity, or any
398 other cause; or
399 (c) Less than 12 years of age.
400 Section 2. Paragraph (e) of subsection (2) of section
401 456.51, Florida Statutes, is amended to read:
402 456.51 Consent for pelvic examinations.—
403 (2) A health care practitioner, a medical student, or any
404 other student receiving training as a health care practitioner
405 may not perform a pelvic examination on an anesthetized or
406 unconscious patient without the written consent of the patient
407 or the patient’s legal representative executed specific to, and
408 expressly identifying, the pelvic examination. If the patient is
409 conscious, informed verbal consent must be obtained for the
410 pelvic examination in addition to any written consent obtained.
411 Consent is not required if:
412 (e) The pelvic examination is administered pursuant to a
413 criminal investigation of an alleged violation related to child
414 abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g),
415 or (5); chapter 794; chapter 796; chapter 800; chapter 827; or
416 chapter 847.
417 Section 3. Paragraph (o) of subsection (1) of section
418 775.0877, Florida Statutes, is amended to read:
419 775.0877 Criminal transmission of HIV; procedures;
420 penalties.—
421 (1) In any case in which a person has been convicted of or
422 has pled nolo contendere or guilty to, regardless of whether
423 adjudication is withheld, any of the following offenses, or the
424 attempt thereof, which offense or attempted offense involves the
425 transmission of body fluids from one person to another:
426 (o) Sections 787.06(3)(b), (d), (f), and (g) and (5),
427 relating to human trafficking, the court shall order the
428 offender to undergo HIV testing, to be performed under the
429 direction of the Department of Health in accordance with s.
430 381.004, unless the offender has undergone HIV testing
431 voluntarily or pursuant to procedures established in s.
432 381.004(2)(h)6. or s. 951.27, or any other applicable law or
433 rule providing for HIV testing of criminal offenders or inmates,
434 subsequent to her or his arrest for an offense enumerated in
435 paragraphs (a)-(n) for which she or he was convicted or to which
436 she or he pled nolo contendere or guilty. The results of an HIV
437 test performed on an offender pursuant to this subsection are
438 not admissible in any criminal proceeding arising out of the
439 alleged offense.
440 Section 4. Paragraph (a) of subsection (4) of section
441 775.21, Florida Statutes, is amended to read:
442 775.21 The Florida Sexual Predators Act.—
443 (4) SEXUAL PREDATOR CRITERIA.—
444 (a) For a current offense committed on or after October 1,
445 1993, upon conviction, an offender shall be designated as a
446 “sexual predator” under subsection (5), and subject to
447 registration under subsection (6) and community and public
448 notification under subsection (7) if:
449 1. The felony is:
450 a. A capital, life, or first degree felony violation, or
451 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
452 is a minor, or s. 787.06(3)(f) or (g), where the victim is a
453 minor, or (5); s. 794.011, s. 800.04, or s. 847.0145, or a
454 violation of a similar law of another jurisdiction; or
455 b. Any felony violation, or any attempt thereof, of s.
456 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
457 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
458 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
459 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
460 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071;
461 s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03,
462 if the court makes a written finding that the racketeering
463 activity involved at least one sexual offense listed in this
464 sub-subparagraph or at least one offense listed in this sub
465 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
466 985.701(1); or a violation of a similar law of another
467 jurisdiction, and the offender has previously been convicted of
468 or found to have committed, or has pled nolo contendere or
469 guilty to, regardless of adjudication, any violation of s.
470 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
471 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
472 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
473 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
474 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
475 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
476 the court makes a written finding that the racketeering activity
477 involved at least one sexual offense listed in this sub
478 subparagraph or at least one offense listed in this sub
479 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
480 985.701(1); or a violation of a similar law of another
481 jurisdiction;
482 2. The offender has not received a pardon for any felony or
483 similar law of another jurisdiction that is necessary for the
484 operation of this paragraph; and
485 3. A conviction of a felony or similar law of another
486 jurisdiction necessary to the operation of this paragraph has
487 not been set aside in any postconviction proceeding.
488 Section 5. Subsection (3) of section 787.01, Florida
489 Statutes, is amended to read:
490 787.01 Kidnapping; kidnapping of child under age 13,
491 aggravating circumstances.—
492 (3)(a) A person who commits the offense of kidnapping upon
493 a child under the age of 13 and who, in the course of committing
494 the offense, commits one or more of the following:
495 1. Aggravated child abuse, as defined in s. 827.03;
496 2. Sexual battery, as defined in chapter 794, against the
497 child;
498 3. Lewd or lascivious battery, lewd or lascivious
499 molestation, lewd or lascivious conduct, or lewd or lascivious
500 exhibition, in violation of s. 800.04 or s. 847.0135(5);
501 4. A violation of former s. 796.03 or s. 796.04, relating
502 to prostitution, upon the child;
503 5. Exploitation of the child or allowing the child to be
504 exploited, in violation of s. 450.151; or
505 6. A violation of s. 787.06(3)(g) or (5), relating to human
506 trafficking, commits a life felony, punishable as provided in s.
507 775.082, s. 775.083, or s. 775.084.
508 (b) Pursuant to s. 775.021(4), nothing contained herein
509 shall be construed to prohibit the imposition of separate
510 judgments and sentences for the life felony described in
511 paragraph (a) and for each separate offense enumerated in
512 subparagraphs (a)1.-6. subparagraphs (a)1.-5.
513 Section 6. Subsection (3) of section 787.02, Florida
514 Statutes, is amended to read:
515 787.02 False imprisonment; false imprisonment of child
516 under age 13, aggravating circumstances.—
517 (3)(a) A person who commits the offense of false
518 imprisonment upon a child under the age of 13 and who, in the
519 course of committing the offense, commits any offense enumerated
520 in subparagraphs (a)1.-6. subparagraphs 1.-5., commits a felony
521 of the first degree, punishable by imprisonment for a term of
522 years not exceeding life or as provided in s. 775.082, s.
523 775.083, or s. 775.084.
524 1. Aggravated child abuse, as defined in s. 827.03;
525 2. Sexual battery, as defined in chapter 794, against the
526 child;
527 3. Lewd or lascivious battery, lewd or lascivious
528 molestation, lewd or lascivious conduct, or lewd or lascivious
529 exhibition, in violation of s. 800.04 or s. 847.0135(5);
530 4. A violation of former s. 796.03 or s. 796.04, relating
531 to prostitution, upon the child;
532 5. Exploitation of the child or allowing the child to be
533 exploited, in violation of s. 450.151; or
534 6. A violation of s. 787.06(3)(g) or (5), relating to human
535 trafficking.
536 (b) Pursuant to s. 775.021(4), nothing contained herein
537 shall be construed to prohibit the imposition of separate
538 judgments and sentences for the first degree offense described
539 in paragraph (a) and for each separate offense enumerated in
540 subparagraphs (a)1.-6. (a)1.-5.
541 Section 7. Present paragraphs (i) through (k) of subsection
542 (2) of section 787.06, Florida Statutes, are redesignated as
543 paragraphs (j) through (l), respectively, present subsections
544 (5) through (13) of that section are redesignated as subsections
545 (6) through (14), respectively, a new paragraph (i) is added to
546 subsection (2) of that section, and a new subsection (5) is
547 added to that section, to read:
548 787.06 Human trafficking.—
549 (2) As used in this section, the term:
550 (i) “Sexual exploitation” means any violation of s.
551 794.011, excluding s. 794.011(10).
552 (5)(a) Any person 18 years of age or older who knowingly
553 initiates, organizes, plans, finances, directs, manages, or
554 supervises a venture that has subjected a child younger than 12
555 years of age, or a person who is mentally defective or mentally
556 incapacitated as those terms are defined in s. 794.011(1), to
557 human trafficking for sexual exploitation commits capital human
558 trafficking of vulnerable persons for sexual exploitation, a
559 capital felony punishable as provided in ss. 775.082 and
560 921.1427.
561 (b) For each instance of human trafficking of any
562 individual under paragraph (a), a separate crime is committed
563 and a separate punishment is authorized.
564 (c) In all capital cases under this subsection, the
565 procedure in s. 921.1427 shall be followed to determine a
566 sentence of death or life imprisonment.
567 (d) If the prosecutor intends to seek the death penalty,
568 the prosecutor must give notice to the defendant and file the
569 notice with the court within 45 days after arraignment. The
570 notice must contain a list of the aggravating factors the state
571 intends to prove and has reason to believe it can prove beyond a
572 reasonable doubt. The court may allow the prosecutor to amend
573 the notice upon a showing of good cause.
574 Section 8. Section 921.1427, Florida Statutes, is created
575 to read:
576 921.1427 Sentence of death or life imprisonment for capital
577 human trafficking of vulnerable persons for sexual exploitation;
578 further proceedings to determine sentence.—
579 (1) INTENT.—
580 (a) The Legislature finds that a person who commits the
581 offense of initiating, organizing, planning, financing,
582 directing, managing, or supervising a venture that has subjected
583 a child younger than 12 years of age, or a person who is
584 mentally defective or mentally incapacitated, to human
585 trafficking for sexual exploitation in violation of s. 787.06(5)
586 imposes a great risk of death and danger to vulnerable members
587 of this state. Such crimes exploit society’s most vulnerable
588 citizens, destroy the innocence of young children, and violate
589 all standards of decency held by civilized society, and persons
590 who commit such acts against such vulnerable persons may be
591 determined by the trier of fact to have a culpable mental state
592 of reckless indifference or disregard for human life.
593 (b) It is the intent of the Legislature that the procedure
594 in this section shall be followed, and a prosecutor must file
595 notice as provided in s. 787.06(5) if he or she intends to seek
596 the death penalty.
597 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
598 conviction or an adjudication of guilt of a defendant of a
599 capital felony under s. 787.06(5), the court shall conduct a
600 separate sentencing proceeding to determine whether the
601 defendant should be sentenced to death or life imprisonment as
602 authorized by s. 775.082. The proceeding shall be conducted by
603 the trial judge before the trial jury as soon as practicable.
604 If, through impossibility or inability, the trial jury is unable
605 to reconvene for a hearing on the issue of penalty, having
606 determined the guilt of the accused, the trial judge may summon
607 a special juror or jurors as provided in chapter 913 to
608 determine the issue of the imposition of the penalty. If the
609 trial jury has been waived, or if the defendant pleaded guilty,
610 the sentencing proceeding shall be conducted before a jury
611 impaneled for that purpose, unless waived by the defendant. In
612 the proceeding, evidence may be presented as to any matter that
613 the court deems relevant to the nature of the crime and the
614 character of the defendant and shall include matters relating to
615 any of the aggravating factors enumerated in subsection (7) and
616 for which notice has been provided pursuant to s. 787.06(5) or
617 mitigating circumstances enumerated in subsection (8). Any such
618 evidence that the court deems to have probative value may be
619 received, regardless of its admissibility under the exclusionary
620 rules of evidence, provided the defendant is accorded a fair
621 opportunity to rebut any hearsay statements. However, this
622 subsection may not be construed to authorize the introduction of
623 any evidence secured in violation of the United States
624 Constitution or the State Constitution. The state and the
625 defendant or the defendant’s counsel shall be permitted to
626 present argument for or against a sentence of death.
627 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
628 subsection applies only if the defendant has not waived his or
629 her right to a sentencing proceeding by a jury.
630 (a) After hearing all of the evidence presented regarding
631 aggravating factors and mitigating circumstances, the jury shall
632 deliberate and determine if the state has proven, beyond a
633 reasonable doubt, the existence of at least two aggravating
634 factors set forth in subsection (7).
635 (b) The jury shall return findings identifying each
636 aggravating factor found to exist. A finding that at least two
637 aggravating factors exist must be unanimous. If the jury:
638 1. Does not unanimously find at least two aggravating
639 factors, the defendant is ineligible for a sentence of death.
640 2. Unanimously finds at least two aggravating factors, the
641 defendant is eligible for a sentence of death and the jury shall
642 make a recommendation to the court as to whether the defendant
643 shall be sentenced to life imprisonment without the possibility
644 of parole or to death. The recommendation shall be based on a
645 weighing of all of the following:
646 a. Whether sufficient aggravating factors exist.
647 b. Whether aggravating factors exist which outweigh the
648 mitigating circumstances found to exist.
649 c. Based on the considerations in sub-subparagraphs a. and
650 b., whether the defendant should be sentenced to life
651 imprisonment without the possibility of parole or to death.
652 (c) If at least eight jurors determine that the defendant
653 should be sentenced to death, the jury’s recommendation to the
654 court shall be a sentence of death. If fewer than eight jurors
655 determine that the defendant should be sentenced to death, the
656 jury’s recommendation to the court shall be a sentence of life
657 imprisonment without the possibility of parole.
658 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
659 (a) If the jury has recommended a sentence of:
660 1. Life imprisonment without the possibility of parole, the
661 court shall impose the recommended sentence of life imprisonment
662 without the possibility of parole.
663 2. Death, the court, after considering each aggravating
664 factor found by the jury and all mitigating circumstances, may
665 impose a sentence of life imprisonment without the possibility
666 of parole or a sentence of death. The court may consider only an
667 aggravating factor that was unanimously found to exist by the
668 jury. The court may impose a sentence of death only if the jury
669 unanimously found at least two aggravating factors beyond a
670 reasonable doubt.
671 (b) If the defendant waived his or her right to a
672 sentencing proceeding by a jury, the court, after considering
673 all aggravating factors and mitigating circumstances, may impose
674 a sentence of life imprisonment without the possibility of
675 parole or a sentence of death. The court may impose a sentence
676 of death only if the court finds that at least two aggravating
677 factors have been proven to exist beyond a reasonable doubt.
678 (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
679 IMPRISONMENT OR DEATH.—In each case in which the court imposes a
680 sentence of life imprisonment without the possibility of parole
681 or a sentence of death, the court shall, considering the records
682 of the trial and the sentencing proceedings, enter a written
683 order addressing the aggravating factors set forth in subsection
684 (7) found to exist, the mitigating circumstances in subsection
685 (8) reasonably established by the evidence, whether there are
686 sufficient aggravating factors to warrant the death penalty, and
687 whether the aggravating factors outweigh the mitigating
688 circumstances reasonably established by the evidence. The court
689 shall include in its written order the reasons for not accepting
690 the jury’s recommended sentence, if applicable. If the court
691 does not issue its order requiring the death sentence within 30
692 days after the rendition of the judgment and sentence, the court
693 shall impose a sentence of life imprisonment without the
694 possibility of parole in accordance with s. 775.082.
695 (6) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
696 conviction and sentence of death shall be subject to automatic
697 review by the Supreme Court and disposition rendered within 2
698 years after the filing of a notice of appeal. Such review by the
699 Supreme Court shall have priority over all other cases and shall
700 be heard in accordance with rules adopted by the Supreme Court.
701 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
702 limited to the following:
703 (a) The capital felony was committed by a person previously
704 convicted of a felony violation under s. 787.06 and under
705 sentence of imprisonment or placed on community control or on
706 felony probation.
707 (b) The defendant was previously convicted of another
708 capital felony or of a felony involving the use or threat of
709 violence to the person.
710 (c) The capital felony was committed by a person designated
711 as a sexual predator pursuant to s. 775.21 or a person
712 previously designated as a sexual predator who had the sexual
713 predator designation removed.
714 (d) The capital felony was committed by a sexual offender
715 who is required to register pursuant to s. 943.0435 or a person
716 previously required to register as a sexual offender who had
717 such requirement removed.
718 (e) The defendant knowingly created a great risk of death
719 to one or more persons such that participation in the offense
720 constituted reckless indifference or disregard for human life.
721 (f) The defendant used a firearm or knowingly directed,
722 advised, authorized, or assisted another to use a firearm to
723 threaten, intimidate, assault, or injure a person in committing
724 the offense or in furtherance of the offense.
725 (g) The capital felony was especially heinous, atrocious,
726 or cruel.
727 (h) The victim of the capital felony was particularly
728 vulnerable due to age or disability, or because the defendant
729 stood in a position of familial or custodial authority over the
730 victim.
731 (i) The capital felony was committed by a person subject to
732 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
733 foreign protection order accorded full faith and credit pursuant
734 to s. 741.315, and was committed against the petitioner who
735 obtained the injunction or protection order or any spouse,
736 child, sibling, or parent of the petitioner.
737 (j) The victim of the capital felony sustained serious
738 bodily injury.
739 (8) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
740 shall include the following:
741 (a) The defendant has no significant history of prior
742 criminal activity.
743 (b) The capital felony was committed while the defendant
744 was under the influence of extreme mental or emotional
745 disturbance.
746 (c) The defendant was an accomplice in the capital felony
747 committed by another person, and the defendant’s participation
748 was relatively minor.
749 (d) The defendant was under extreme duress or under the
750 substantial domination of another person.
751 (e) The capacity of the defendant to appreciate the
752 criminality of her or his conduct or to conform his or her
753 conduct to the requirements of law was substantially impaired.
754 (f) The age of the defendant at the time of the offense.
755 (g) The defendant could not have reasonably foreseen that
756 his or her conduct in the course of the commission of the
757 offense would cause or would create a grave risk of death to one
758 or more persons.
759 (h) The existence of any other factors in the defendant’s
760 background that would mitigate against imposition of the death
761 penalty.
762 (9) VICTIM IMPACT EVIDENCE.—Once the prosecution has
763 provided evidence of the existence of two or more aggravating
764 factors as described in subsection (7), the prosecution may
765 introduce and subsequently argue victim impact evidence to the
766 jury. Such evidence shall be designed to demonstrate the
767 victim’s uniqueness as an individual human being and the
768 physical and psychological harm to the victim. Characterizations
769 and opinions about the crime, the defendant, and the appropriate
770 sentence may not be permitted as a part of victim impact
771 evidence.
772 (10) CONSTITUTIONALITY.—Notwithstanding s. 775.082(2) or s.
773 775.15, or any other provision of law, a sentence of death shall
774 be imposed under this section notwithstanding existing case law
775 which holds that such a sentence is unconstitutional under the
776 State Constitution and the United States Constitution. In any
777 case for which the Florida Supreme Court or the United States
778 Supreme Court reviews a sentence of death imposed pursuant to
779 this section, and in making such a review reconsiders the prior
780 holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla.
781 1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and
782 determines that a sentence of death remains unconstitutional,
783 the court having jurisdiction over the person previously
784 sentenced to death shall cause such person to be brought before
785 the court, and the court shall sentence such person to life
786 imprisonment as provided in s. 775.082(1).
787 (11) APPLICABILITY.—This section applies to any capital
788 felony under s. 787.06(5) which is committed on or after October
789 1, 2025.
790 Section 9. Paragraph (o) is added to subsection (1) of
791 section 924.07, Florida Statutes, to read:
792 924.07 Appeal by state.—
793 (1) The state may appeal from:
794 (o) The sentence in a case of capital human trafficking of
795 vulnerable persons for sexual exploitation on the ground that it
796 resulted from the circuit court’s failure to comply with
797 sentencing procedures under s. 921.1427, including by striking a
798 notice of intent to seek the death penalty, refusing to impanel
799 a capital jury, or otherwise granting relief that prevents the
800 state from seeking a sentence of death.
801 Section 10. Paragraph (h) of subsection (1) of section
802 943.0435, Florida Statutes, is amended to read:
803 943.0435 Sexual offenders required to register with the
804 department; penalty.—
805 (1) As used in this section, the term:
806 (h)1. “Sexual offender” means a person who meets the
807 criteria in sub-subparagraph a., sub-subparagraph b., sub
808 subparagraph c., or sub-subparagraph d., as follows:
809 a.(I) Has been convicted of committing, or attempting,
810 soliciting, or conspiring to commit, any of the criminal
811 offenses proscribed in the following statutes in this state or
812 similar offenses in another jurisdiction: s. 393.135(2); s.
813 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
814 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g), or
815 (5); former s. 787.06(3)(h); s. 794.011, excluding s.
816 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
817 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
818 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
819 847.0145; s. 895.03, if the court makes a written finding that
820 the racketeering activity involved at least one sexual offense
821 listed in this sub-sub-subparagraph or at least one offense
822 listed in this sub-sub-subparagraph with sexual intent or
823 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
824 committed in this state which has been redesignated from a
825 former statute number to one of those listed in this sub-sub
826 subparagraph; and
827 (II) Has been released on or after October 1, 1997, from a
828 sanction imposed for any conviction of an offense described in
829 sub-sub-subparagraph (I) and does not otherwise meet the
830 criteria for registration as a sexual offender under chapter 944
831 or chapter 985. For purposes of this sub-sub-subparagraph, a
832 sanction imposed in this state or in any other jurisdiction
833 means probation, community control, parole, conditional release,
834 control release, or incarceration in a state prison, federal
835 prison, contractor-operated correctional facility, or local
836 detention facility. If no sanction is imposed, the person is
837 deemed to be released upon conviction;
838 b. Establishes or maintains a residence in this state and
839 who has not been designated as a sexual predator by a court of
840 this state but who has been designated as a sexual predator, as
841 a sexually violent predator, or any other sexual offender
842 designation in another state or jurisdiction and was, as a
843 result of such designation, subjected to registration or
844 community or public notification, or both, or would be if the
845 person were a resident of that state or jurisdiction, without
846 regard to whether the person otherwise meets the criteria for
847 registration as a sexual offender;
848 c. Establishes or maintains a residence in this state who
849 is in the custody or control of, or under the supervision of,
850 any other state or jurisdiction as a result of a conviction for
851 committing, or attempting, soliciting, or conspiring to commit,
852 any of the criminal offenses proscribed in the following
853 statutes or similar offense in another jurisdiction: s.
854 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
855 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
856 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
857 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
858 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
859 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
860 847.0138; s. 847.0145; s. 895.03, if the court makes a written
861 finding that the racketeering activity involved at least one
862 sexual offense listed in this sub-subparagraph or at least one
863 offense listed in this sub-subparagraph with sexual intent or
864 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
865 committed in this state which has been redesignated from a
866 former statute number to one of those listed in this sub
867 subparagraph; or
868 d. On or after July 1, 2007, has been adjudicated
869 delinquent for committing, or attempting, soliciting, or
870 conspiring to commit, any of the criminal offenses proscribed in
871 the following statutes in this state or similar offenses in
872 another jurisdiction when the juvenile was 14 years of age or
873 older at the time of the offense:
874 (I) Section 794.011, excluding s. 794.011(10);
875 (II) Section 800.04(4)(a)2. where the victim is under 12
876 years of age or where the court finds sexual activity by the use
877 of force or coercion;
878 (III) Section 800.04(5)(c)1. where the court finds
879 molestation involving unclothed genitals;
880 (IV) Section 800.04(5)(d) where the court finds the use of
881 force or coercion and unclothed genitals; or
882 (V) Any similar offense committed in this state which has
883 been redesignated from a former statute number to one of those
884 listed in this sub-subparagraph.
885 2. For all qualifying offenses listed in sub-subparagraph
886 1.d., the court shall make a written finding of the age of the
887 offender at the time of the offense.
888
889 For each violation of a qualifying offense listed in this
890 subsection, except for a violation of s. 794.011, the court
891 shall make a written finding of the age of the victim at the
892 time of the offense. For a violation of s. 800.04(4), the court
893 shall also make a written finding indicating whether the offense
894 involved sexual activity and indicating whether the offense
895 involved force or coercion. For a violation of s. 800.04(5), the
896 court shall also make a written finding that the offense did or
897 did not involve unclothed genitals or genital area and that the
898 offense did or did not involve the use of force or coercion.
899 Section 11. Paragraph (f) of subsection (1) of section
900 944.606, Florida Statutes, is amended to read:
901 944.606 Sexual offenders; notification upon release.—
902 (1) As used in this section, the term:
903 (f) “Sexual offender” means a person who has been convicted
904 of committing, or attempting, soliciting, or conspiring to
905 commit, any of the criminal offenses proscribed in the following
906 statutes in this state or similar offenses in another
907 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
908 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
909 787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
910 s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
911 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
912 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
913 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
914 if the court makes a written finding that the racketeering
915 activity involved at least one sexual offense listed in this
916 paragraph or at least one offense listed in this paragraph with
917 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
918 any similar offense committed in this state which has been
919 redesignated from a former statute number to one of those listed
920 in this subsection, when the department has received verified
921 information regarding such conviction; an offender’s
922 computerized criminal history record is not, in and of itself,
923 verified information.
924 Section 12. Paragraph (f) of subsection (1) of section
925 944.607, Florida Statutes, is amended to read:
926 944.607 Notification to Department of Law Enforcement of
927 information on sexual offenders.—
928 (1) As used in this section, the term:
929 (f) “Sexual offender” means a person who is in the custody
930 or control of, or under the supervision of, the department or is
931 in the custody of a contractor-operated correctional facility:
932 1. On or after October 1, 1997, as a result of a conviction
933 for committing, or attempting, soliciting, or conspiring to
934 commit, any of the criminal offenses proscribed in the following
935 statutes in this state or similar offenses in another
936 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
937 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
938 787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
939 s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
940 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
941 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
942 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
943 if the court makes a written finding that the racketeering
944 activity involved at least one sexual offense listed in this
945 subparagraph or at least one offense listed in this subparagraph
946 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
947 or any similar offense committed in this state which has been
948 redesignated from a former statute number to one of those listed
949 in this paragraph; or
950 2. Who establishes or maintains a residence in this state
951 and who has not been designated as a sexual predator by a court
952 of this state but who has been designated as a sexual predator,
953 as a sexually violent predator, or by another sexual offender
954 designation in another state or jurisdiction and was, as a
955 result of such designation, subjected to registration or
956 community or public notification, or both, or would be if the
957 person were a resident of that state or jurisdiction, without
958 regard as to whether the person otherwise meets the criteria for
959 registration as a sexual offender.
960 Section 13. Subsection (1) of section 948.32, Florida
961 Statutes, is amended to read:
962 948.32 Requirements of law enforcement agency upon arrest
963 of persons for certain sex offenses.—
964 (1) When any state or local law enforcement agency
965 investigates or arrests a person for committing, or attempting,
966 soliciting, or conspiring to commit, a violation of s.
967 787.025(2)(c), s. 787.06(3)(g) or (5), chapter 794, former s.
968 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s.
969 847.0145, the law enforcement agency shall contact the
970 Department of Corrections to verify whether the person under
971 investigation or under arrest is on probation, community
972 control, parole, conditional release, or control release.
973 Section 14. Subsection (2) of section 960.065, Florida
974 Statutes, is amended to read:
975 960.065 Eligibility for awards.—
976 (2) Any claim filed by or on behalf of a person who:
977 (a) Committed or aided in the commission of the crime upon
978 which the claim for compensation was based;
979 (b) Was engaged in an unlawful activity at the time of the
980 crime upon which the claim for compensation is based, unless the
981 victim was engaged in prostitution as a result of being a victim
982 of human trafficking as described in s. 787.06(3)(b), (d), (f),
983 or (g) or (5);
984 (c) Was in custody or confined, regardless of conviction,
985 in a county or municipal detention facility, a state or federal
986 correctional facility, or a juvenile detention or commitment
987 facility at the time of the crime upon which the claim for
988 compensation is based;
989 (d) Has been adjudicated as a habitual felony offender,
990 habitual violent offender, or violent career criminal under s.
991 775.084; or
992 (e) Has been adjudicated guilty of a forcible felony
993 offense as described in s. 776.08, is ineligible for an award.
994 Section 15. Subsection (4) of section 921.137, Florida
995 Statutes, is amended to read:
996 921.137 Imposition of the death sentence upon an
997 intellectually disabled defendant prohibited.—
998 (4) After a defendant who has given notice of his or her
999 intention to raise intellectual disability as a bar to the death
1000 sentence is convicted of a capital felony and an advisory jury
1001 has returned a recommended sentence of death, the defendant may
1002 file a motion to determine whether the defendant is
1003 intellectually disabled. Upon receipt of the motion, the court
1004 shall appoint two experts in the field of intellectual
1005 disabilities who shall evaluate the defendant and report their
1006 findings to the court and all interested parties prior to the
1007 final sentencing hearing. Notwithstanding s. 921.141, s.
1008 921.142, or s. 921.1425, or s. 921.1427, the final sentencing
1009 hearing shall be held without a jury. At the final sentencing
1010 hearing, the court shall consider the findings of the court
1011 appointed experts and consider the findings of any other expert
1012 which is offered by the state or the defense on the issue of
1013 whether the defendant has an intellectual disability. If the
1014 court finds, by clear and convincing evidence, that the
1015 defendant has an intellectual disability as defined in
1016 subsection (1), the court may not impose a sentence of death and
1017 shall enter a written order that sets forth with specificity the
1018 findings in support of the determination.
1019 Section 16. Subsection (9) of section 921.141, Florida
1020 Statutes, is amended to read:
1021 921.141 Sentence of death or life imprisonment for capital
1022 felonies; further proceedings to determine sentence.—
1023 (9) APPLICABILITY.—This section does not apply to a person
1024 convicted or adjudicated guilty of a capital sexual battery
1025 under s. 794.011, capital human trafficking of vulnerable
1026 persons for sexual exploitation under s. 787.06(5), or a capital
1027 drug trafficking felony under s. 893.135.
1028 Section 17. For the purpose of incorporating the amendment
1029 made by this act to section 775.21, Florida Statutes, in a
1030 reference thereto, paragraph (c) of subsection (1) of section
1031 16.713, Florida Statutes, is reenacted to read:
1032 16.713 Florida Gaming Control Commission; appointment and
1033 employment restrictions.—
1034 (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
1035 The following persons are ineligible for appointment to the
1036 commission:
1037 (c) A person who has been convicted of or found guilty of
1038 or pled nolo contendere to, regardless of adjudication, in any
1039 jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
1040 Section 18. For the purpose of incorporating the amendment
1041 made by this act to section 775.21, Florida Statutes, in a
1042 reference thereto, paragraph (a) of subsection (3) of section
1043 39.0139, Florida Statutes, is reenacted to read:
1044 39.0139 Visitation or other contact; restrictions.—
1045 (3) PRESUMPTION OF DETRIMENT.—
1046 (a) A rebuttable presumption of detriment to a child is
1047 created when:
1048 1. A court of competent jurisdiction has found probable
1049 cause exists that a parent or caregiver has sexually abused a
1050 child as defined in s. 39.01;
1051 2. A parent or caregiver has been found guilty of,
1052 regardless of adjudication, or has entered a plea of guilty or
1053 nolo contendere to, charges under the following statutes or
1054 substantially similar statutes of other jurisdictions:
1055 a. Section 787.04, relating to removing minors from the
1056 state or concealing minors contrary to court order;
1057 b. Section 794.011, relating to sexual battery;
1058 c. Section 798.02, relating to lewd and lascivious
1059 behavior;
1060 d. Chapter 800, relating to lewdness and indecent exposure;
1061 e. Section 826.04, relating to incest; or
1062 f. Chapter 827, relating to the abuse of children; or
1063 3. A court of competent jurisdiction has determined a
1064 parent or caregiver to be a sexual predator as defined in s.
1065 775.21 or a parent or caregiver has received a substantially
1066 similar designation under laws of another jurisdiction.
1067 Section 19. For the purpose of incorporating the amendment
1068 made by this act to section 775.21, Florida Statutes, in a
1069 reference thereto, paragraph (b) of subsection (6) of section
1070 39.509, Florida Statutes, is reenacted to read:
1071 39.509 Grandparents rights.—Notwithstanding any other
1072 provision of law, a maternal or paternal grandparent as well as
1073 a stepgrandparent is entitled to reasonable visitation with his
1074 or her grandchild who has been adjudicated a dependent child and
1075 taken from the physical custody of the parent unless the court
1076 finds that such visitation is not in the best interest of the
1077 child or that such visitation would interfere with the goals of
1078 the case plan. Reasonable visitation may be unsupervised and,
1079 where appropriate and feasible, may be frequent and continuing.
1080 Any order for visitation or other contact must conform to the
1081 provisions of s. 39.0139.
1082 (6) In determining whether grandparental visitation is not
1083 in the child’s best interest, consideration may be given to the
1084 following:
1085 (b) The designation by a court as a sexual predator as
1086 defined in s. 775.21 or a substantially similar designation
1087 under laws of another jurisdiction.
1088 Section 20. For the purpose of incorporating the amendment
1089 made by this act to section 775.21, Florida Statutes, in
1090 references thereto, paragraphs (d) and (n) of subsection (1) of
1091 section 39.806, Florida Statutes, are reenacted to read:
1092 39.806 Grounds for termination of parental rights.—
1093 (1) Grounds for the termination of parental rights may be
1094 established under any of the following circumstances:
1095 (d) When the parent of a child is incarcerated and either:
1096 1. The period of time for which the parent is expected to
1097 be incarcerated will constitute a significant portion of the
1098 child’s minority. When determining whether the period of time is
1099 significant, the court shall consider the child’s age and the
1100 child’s need for a permanent and stable home. The period of time
1101 begins on the date that the parent enters into incarceration;
1102 2. The incarcerated parent has been determined by the court
1103 to be a violent career criminal as defined in s. 775.084, a
1104 habitual violent felony offender as defined in s. 775.084, or a
1105 sexual predator as defined in s. 775.21; has been convicted of
1106 first degree or second degree murder in violation of s. 782.04
1107 or a sexual battery that constitutes a capital, life, or first
1108 degree felony violation of s. 794.011; or has been convicted of
1109 an offense in another jurisdiction which is substantially
1110 similar to one of the offenses listed in this paragraph. As used
1111 in this section, the term “substantially similar offense” means
1112 any offense that is substantially similar in elements and
1113 penalties to one of those listed in this subparagraph, and that
1114 is in violation of a law of any other jurisdiction, whether that
1115 of another state, the District of Columbia, the United States or
1116 any possession or territory thereof, or any foreign
1117 jurisdiction; or
1118 3. The court determines by clear and convincing evidence
1119 that continuing the parental relationship with the incarcerated
1120 parent would be harmful to the child and, for this reason, that
1121 termination of the parental rights of the incarcerated parent is
1122 in the best interest of the child. When determining harm, the
1123 court shall consider the following factors:
1124 a. The age of the child.
1125 b. The relationship between the child and the parent.
1126 c. The nature of the parent’s current and past provision
1127 for the child’s developmental, cognitive, psychological, and
1128 physical needs.
1129 d. The parent’s history of criminal behavior, which may
1130 include the frequency of incarceration and the unavailability of
1131 the parent to the child due to incarceration.
1132 e. Any other factor the court deems relevant.
1133 (n) The parent is convicted of an offense that requires the
1134 parent to register as a sexual predator under s. 775.21.
1135 Section 21. For the purpose of incorporating the amendment
1136 made by this act to section 775.21, Florida Statutes, in a
1137 reference thereto, paragraph (c) of subsection (9) of section
1138 61.13, Florida Statutes, is reenacted to read:
1139 61.13 Support of children; parenting and time-sharing;
1140 powers of court.—
1141 (9)
1142 (c) A court may not order visitation at a recovery
1143 residence if any resident of the recovery residence is currently
1144 required to register as a sexual predator under s. 775.21 or as
1145 a sexual offender under s. 943.0435.
1146 Section 22. For the purpose of incorporating the amendment
1147 made by this act to section 775.21, Florida Statutes, in a
1148 reference thereto, paragraph (b) of subsection (4) of section
1149 63.089, Florida Statutes, is reenacted to read:
1150 63.089 Proceeding to terminate parental rights pending
1151 adoption; hearing; grounds; dismissal of petition; judgment.—
1152 (4) FINDING OF ABANDONMENT.—A finding of abandonment
1153 resulting in a termination of parental rights must be based upon
1154 clear and convincing evidence that a parent or person having
1155 legal custody has abandoned the child in accordance with the
1156 definition contained in s. 63.032. A finding of abandonment may
1157 also be based upon emotional abuse or a refusal to provide
1158 reasonable financial support, when able, to a birth mother
1159 during her pregnancy or on whether the person alleged to have
1160 abandoned the child, while being able, failed to establish
1161 contact with the child or accept responsibility for the child’s
1162 welfare.
1163 (b) The child has been abandoned when the parent of a child
1164 is incarcerated on or after October 1, 2001, in a federal,
1165 state, or county correctional institution and:
1166 1. The period of time for which the parent has been or is
1167 expected to be incarcerated will constitute a significant
1168 portion of the child’s minority. In determining whether the
1169 period of time is significant, the court shall consider the
1170 child’s age and the child’s need for a permanent and stable
1171 home. The period of time begins on the date that the parent
1172 enters into incarceration;
1173 2. The incarcerated parent has been determined by a court
1174 of competent jurisdiction to be a violent career criminal as
1175 defined in s. 775.084, a habitual violent felony offender as
1176 defined in s. 775.084, convicted of child abuse as defined in s.
1177 827.03, or a sexual predator as defined in s. 775.21; has been
1178 convicted of first degree or second degree murder in violation
1179 of s. 782.04 or a sexual battery that constitutes a capital,
1180 life, or first degree felony violation of s. 794.011; or has
1181 been convicted of a substantially similar offense in another
1182 jurisdiction. As used in this section, the term “substantially
1183 similar offense” means any offense that is substantially similar
1184 in elements and penalties to one of those listed in this
1185 subparagraph, and that is in violation of a law of any other
1186 jurisdiction, whether that of another state, the District of
1187 Columbia, the United States or any possession or territory
1188 thereof, or any foreign jurisdiction; or
1189 3. The court determines by clear and convincing evidence
1190 that continuing the parental relationship with the incarcerated
1191 parent would be harmful to the child and, for this reason,
1192 termination of the parental rights of the incarcerated parent is
1193 in the best interests of the child.
1194 Section 23. For the purpose of incorporating the amendment
1195 made by this act to section 775.21, Florida Statutes, in a
1196 reference thereto, subsection (3) of section 63.092, Florida
1197 Statutes, is reenacted to read:
1198 63.092 Report to the court of intended placement by an
1199 adoption entity; at-risk placement; preliminary study.—
1200 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
1201 intended adoptive home, a preliminary home study must be
1202 performed by a licensed child-placing agency, a child-caring
1203 agency registered under s. 409.176, a licensed professional, or
1204 an agency described in s. 61.20(2), unless the adoptee is an
1205 adult or the petitioner is a stepparent or a relative. If the
1206 adoptee is an adult or the petitioner is a stepparent or a
1207 relative, a preliminary home study may be required by the court
1208 for good cause shown. The department is required to perform the
1209 preliminary home study only if there is no licensed child
1210 placing agency, child-caring agency registered under s. 409.176,
1211 licensed professional, or agency described in s. 61.20(2), in
1212 the county where the prospective adoptive parents reside. The
1213 preliminary home study must be made to determine the suitability
1214 of the intended adoptive parents and may be completed before
1215 identification of a prospective adoptive minor. If the
1216 identified prospective adoptive minor is in the custody of the
1217 department, a preliminary home study must be completed within 30
1218 days after it is initiated. A favorable preliminary home study
1219 is valid for 1 year after the date of its completion. Upon its
1220 completion, a signed copy of the home study must be provided to
1221 the intended adoptive parents who were the subject of the home
1222 study. A minor may not be placed in an intended adoptive home
1223 before a favorable preliminary home study is completed unless
1224 the adoptive home is also a licensed foster home under s.
1225 409.175. The preliminary home study must include, at a minimum:
1226 (a) An interview with the intended adoptive parents.
1227 (b) Records checks of the department’s central abuse
1228 registry, which the department shall provide to the entity
1229 conducting the preliminary home study, and criminal records
1230 correspondence checks under s. 39.0138 through the Department of
1231 Law Enforcement on the intended adoptive parents.
1232 (c) An assessment of the physical environment of the home.
1233 (d) A determination of the financial security of the
1234 intended adoptive parents.
1235 (e) Documentation of counseling and education of the
1236 intended adoptive parents on adoptive parenting, as determined
1237 by the entity conducting the preliminary home study. The
1238 training specified in s. 409.175(14) shall only be required for
1239 persons who adopt children from the department.
1240 (f) Documentation that information on adoption and the
1241 adoption process has been provided to the intended adoptive
1242 parents.
1243 (g) Documentation that information on support services
1244 available in the community has been provided to the intended
1245 adoptive parents.
1246 (h) A copy of each signed acknowledgment of receipt of
1247 disclosure required by s. 63.085.
1248
1249 If the preliminary home study is favorable, a minor may be
1250 placed in the home pending entry of the judgment of adoption. A
1251 minor may not be placed in the home if the preliminary home
1252 study is unfavorable. If the preliminary home study is
1253 unfavorable, the adoption entity may, within 20 days after
1254 receipt of a copy of the written recommendation, petition the
1255 court to determine the suitability of the intended adoptive
1256 home. A determination as to suitability under this subsection
1257 does not act as a presumption of suitability at the final
1258 hearing. In determining the suitability of the intended adoptive
1259 home, the court must consider the totality of the circumstances
1260 in the home. A minor may not be placed in a home in which there
1261 resides any person determined by the court to be a sexual
1262 predator as defined in s. 775.21 or to have been convicted of an
1263 offense listed in s. 63.089(4)(b)2.
1264 Section 24. For the purpose of incorporating the amendment
1265 made by this act to section 775.21, Florida Statutes, in
1266 references thereto, paragraph (i) of subsection (3) and
1267 subsection (6) of section 68.07, Florida Statutes, are reenacted
1268 to read:
1269 68.07 Change of name.—
1270 (3) Each petition shall be verified and show:
1271 (i) Whether the petitioner has ever been required to
1272 register as a sexual predator under s. 775.21 or as a sexual
1273 offender under s. 943.0435.
1274 (6) The clerk of the court must, within 5 business days
1275 after the filing of the final judgment, send a report of the
1276 judgment to the Department of Law Enforcement on a form to be
1277 furnished by that department. If the petitioner is required to
1278 register as a sexual predator or a sexual offender pursuant to
1279 s. 775.21 or s. 943.0435, the clerk of court shall
1280 electronically notify the Department of Law Enforcement of the
1281 name change, in a manner prescribed by that department, within 2
1282 business days after the filing of the final judgment. The
1283 Department of Law Enforcement must send a copy of the report to
1284 the Department of Highway Safety and Motor Vehicles, which may
1285 be delivered by electronic transmission. The report must contain
1286 sufficient information to identify the petitioner, including the
1287 results of the criminal history records check if applicable, the
1288 new name of the petitioner, and the file number of the judgment.
1289 The Department of Highway Safety and Motor Vehicles shall
1290 monitor the records of any sexual predator or sexual offender
1291 whose name has been provided to it by the Department of Law
1292 Enforcement. If the sexual predator or sexual offender does not
1293 obtain a replacement driver license or identification card
1294 within the required time as specified in s. 775.21 or s.
1295 943.0435, the Department of Highway Safety and Motor Vehicles
1296 shall notify the Department of Law Enforcement. The Department
1297 of Law Enforcement shall notify applicable law enforcement
1298 agencies of the predator’s or offender’s failure to comply with
1299 registration requirements. Any information retained by the
1300 Department of Law Enforcement and the Department of Highway
1301 Safety and Motor Vehicles may be revised or supplemented by said
1302 departments to reflect changes made by the final judgment. With
1303 respect to a person convicted of a felony in another state or of
1304 a federal offense, the Department of Law Enforcement must send
1305 the report to the respective state’s office of law enforcement
1306 records or to the office of the Federal Bureau of Investigation.
1307 The Department of Law Enforcement may forward the report to any
1308 other law enforcement agency it believes may retain information
1309 related to the petitioner.
1310 Section 25. For the purpose of incorporating the amendment
1311 made by this act to section 775.21, Florida Statutes, in a
1312 reference thereto, paragraph (b) of subsection (1) of section
1313 92.55, Florida Statutes, is reenacted to read:
1314 92.55 Special protections in proceedings involving victim
1315 or witness under 18, person with intellectual disability, or
1316 sexual offense victim.—
1317 (1) For purposes of this section, the term:
1318 (b) “Sexual offense” means any offense specified in s.
1319 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
1320 Section 26. For the purpose of incorporating the amendment
1321 made by this act to section 775.21, Florida Statutes, in a
1322 reference thereto, subsection (3) of section 322.141, Florida
1323 Statutes, is reenacted to read:
1324 322.141 Color or markings of certain licenses or
1325 identification cards.—
1326 (3) All licenses for the operation of motor vehicles or
1327 identification cards originally issued or reissued by the
1328 department to persons who are designated as sexual predators
1329 under s. 775.21 or subject to registration as sexual offenders
1330 under s. 943.0435 or s. 944.607, or who have a similar
1331 designation or are subject to a similar registration under the
1332 laws of another jurisdiction, shall have on the front of the
1333 license or identification card the following:
1334 (a) For a person designated as a sexual predator under s.
1335 775.21 or who has a similar designation under the laws of
1336 another jurisdiction, the marking “SEXUAL PREDATOR.”
1337 (b) For a person subject to registration as a sexual
1338 offender under s. 943.0435 or s. 944.607, or subject to a
1339 similar registration under the laws of another jurisdiction, the
1340 marking “943.0435, F.S.”
1341 Section 27. For the purpose of incorporating the amendment
1342 made by this act to section 775.21, Florida Statutes, in a
1343 reference thereto, paragraph (b) of subsection (10) of section
1344 397.487, Florida Statutes, is reenacted to read:
1345 397.487 Voluntary certification of recovery residences.—
1346 (10)
1347 (b) A certified recovery residence may not allow a minor
1348 child to visit a parent who is a resident of the recovery
1349 residence at any time if any resident of the recovery residence
1350 is currently required to register as a sexual predator under s.
1351 775.21 or as a sexual offender under s. 943.0435.
1352 Section 28. For the purpose of incorporating the amendment
1353 made by this act to section 775.21, Florida Statutes, in a
1354 reference thereto, paragraph (b) of subsection (4) of section
1355 435.07, Florida Statutes, is reenacted to read:
1356 435.07 Exemptions from disqualification.—Unless otherwise
1357 provided by law, the provisions of this section apply to
1358 exemptions from disqualification for disqualifying offenses
1359 revealed pursuant to background screenings required under this
1360 chapter, regardless of whether those disqualifying offenses are
1361 listed in this chapter or other laws.
1362 (4)
1363 (b) Disqualification from employment or affiliation under
1364 this chapter may not be removed from, nor may an exemption be
1365 granted to, any person who is a:
1366 1. Sexual predator as designated pursuant to s. 775.21;
1367 2. Career offender pursuant to s. 775.261; or
1368 3. Sexual offender pursuant to s. 943.0435, unless the
1369 requirement to register as a sexual offender has been removed
1370 pursuant to s. 943.04354.
1371 Section 29. For the purpose of incorporating the amendment
1372 made by this act to section 775.21, Florida Statutes, in a
1373 reference thereto, paragraph (b) of subsection (3) of section
1374 455.213, Florida Statutes, is reenacted to read:
1375 455.213 General licensing provisions.—
1376 (3)
1377 (b)1. A conviction, or any other adjudication, for a crime
1378 more than 5 years before the date the application is received by
1379 the applicable board may not be grounds for denial of a license
1380 specified in paragraph (a). For purposes of this paragraph, the
1381 term “conviction” means a determination of guilt that is the
1382 result of a plea or trial, regardless of whether adjudication is
1383 withheld. This paragraph does not limit the applicable board
1384 from considering an applicant’s criminal history that includes a
1385 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
1386 only if such criminal history has been found to relate to the
1387 practice of the applicable profession.
1388 2. The applicable board may consider the criminal history
1389 of an applicant for licensure under subparagraph (a)3. if such
1390 criminal history has been found to relate to good moral
1391 character.
1392 Section 30. For the purpose of incorporating the amendment
1393 made by this act to section 775.21, Florida Statutes, in a
1394 reference thereto, subsection (7) of section 489.553, Florida
1395 Statutes, is reenacted to read:
1396 489.553 Administration of part; registration
1397 qualifications; examination.—
1398 (7) Notwithstanding any other law, a conviction, or any
1399 other adjudication, for a crime more than 5 years before the
1400 date the application is received by the department or other
1401 applicable authority may not be grounds for denial of
1402 registration. For purposes of this subsection, the term
1403 “conviction” means a determination of guilt that is the result
1404 of a plea or trial, regardless of whether adjudication is
1405 withheld. This subsection does not limit a board from
1406 considering an applicant’s criminal history that includes any
1407 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
1408 only if such criminal history has been found to relate to the
1409 practice of the applicable profession, or any crime if it has
1410 been found to relate to good moral character.
1411 Section 31. For the purpose of incorporating the amendment
1412 made by this act to section 775.21, Florida Statutes, in a
1413 reference thereto, subsection (10) of section 507.07, Florida
1414 Statutes, is reenacted to read:
1415 507.07 Violations.—It is a violation of this chapter:
1416 (10) For a mover or a moving broker to knowingly refuse or
1417 fail to disclose in writing to a customer before a household
1418 move that the mover, or an employee or subcontractor of the
1419 mover or moving broker, who has access to the dwelling or
1420 property of the customer, including access to give a quote for
1421 the move, has been convicted of a felony listed in s.
1422 775.21(4)(a)1. or convicted of a similar offense of another
1423 jurisdiction, regardless of when such felony offense was
1424 committed.
1425 Section 32. For the purpose of incorporating the amendment
1426 made by this act to section 775.21, Florida Statutes, in a
1427 reference thereto, subsection (4) of section 775.13, Florida
1428 Statutes, is reenacted to read:
1429 775.13 Registration of convicted felons, exemptions;
1430 penalties.—
1431 (4) This section does not apply to an offender:
1432 (a) Who has had his or her civil rights restored;
1433 (b) Who has received a full pardon for the offense for
1434 which convicted;
1435 (c) Who has been lawfully released from incarceration or
1436 other sentence or supervision for a felony conviction for more
1437 than 5 years prior to such time for registration, unless the
1438 offender is a fugitive from justice on a felony charge or has
1439 been convicted of any offense since release from such
1440 incarceration or other sentence or supervision;
1441 (d) Who is a parolee or probationer under the supervision
1442 of the United States Parole Commission if the commission knows
1443 of and consents to the presence of the offender in Florida or is
1444 a probationer under the supervision of any federal probation
1445 officer in the state or who has been lawfully discharged from
1446 such parole or probation;
1447 (e) Who is a sexual predator and has registered as required
1448 under s. 775.21;
1449 (f) Who is a sexual offender and has registered as required
1450 in s. 943.0435 or s. 944.607; or
1451 (g) Who is a career offender who has registered as required
1452 in s. 775.261 or s. 944.609.
1453 Section 33. For the purpose of incorporating the amendment
1454 made by this act to section 775.21, Florida Statutes, in a
1455 reference thereto, section 775.25, Florida Statutes, is
1456 reenacted to read:
1457 775.25 Prosecutions for acts or omissions.—A sexual
1458 predator or sexual offender who commits any act or omission in
1459 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
1460 944.607, or former s. 947.177 may be prosecuted for the act or
1461 omission in the county in which the act or omission was
1462 committed, in the county of the last registered address of the
1463 sexual predator or sexual offender, in the county in which the
1464 conviction occurred for the offense or offenses that meet the
1465 criteria for designating a person as a sexual predator or sexual
1466 offender, in the county where the sexual predator or sexual
1467 offender was released from incarceration, or in the county of
1468 the intended address of the sexual predator or sexual offender
1469 as reported by the predator or offender prior to his or her
1470 release from incarceration. In addition, a sexual predator may
1471 be prosecuted for any such act or omission in the county in
1472 which he or she was designated a sexual predator.
1473 Section 34. For the purpose of incorporating the amendment
1474 made by this act to section 775.21, Florida Statutes, in a
1475 reference thereto, subsection (1) of section 794.075, Florida
1476 Statutes, is reenacted to read:
1477 794.075 Sexual predators; erectile dysfunction drugs.—
1478 (1) A person may not possess a prescription drug, as
1479 defined in s. 499.003(40), for the purpose of treating erectile
1480 dysfunction if the person is designated as a sexual predator
1481 under s. 775.21.
1482 Section 35. For the purpose of incorporating the amendment
1483 made by this act to section 775.21, Florida Statutes, in a
1484 reference thereto, paragraph (cc) of subsection (2) of section
1485 900.05, Florida Statutes, is reenacted to read:
1486 900.05 Criminal justice data collection.—
1487 (2) DEFINITIONS.—As used in this section, the term:
1488 (cc) “Sexual offender flag” means an indication that a
1489 defendant was required to register as a sexual predator as
1490 defined in s. 775.21 or as a sexual offender as defined in s.
1491 943.0435.
1492 Section 36. For the purpose of incorporating the amendment
1493 made by this act to section 775.21, Florida Statutes, in a
1494 reference thereto, paragraph (c) of subsection (1) of section
1495 903.0351, Florida Statutes, is reenacted to read:
1496 903.0351 Restrictions on pretrial release pending
1497 probation-violation hearing or community-control-violation
1498 hearing.—
1499 (1) In the instance of an alleged violation of felony
1500 probation or community control, bail or any other form of
1501 pretrial release shall not be granted prior to the resolution of
1502 the probation-violation hearing or the community-control
1503 violation hearing to:
1504 (c) A person who is on felony probation or community
1505 control and has previously been found by a court to be a
1506 habitual violent felony offender as defined in s. 775.084(1)(b),
1507 a three-time violent felony offender as defined in s.
1508 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1509 arrested for committing a qualifying offense as defined in s.
1510 948.06(8)(c) on or after the effective date of this act.
1511 Section 37. For the purpose of incorporating the amendment
1512 made by this act to section 775.21, Florida Statutes, in a
1513 reference thereto, paragraph (m) of subsection (2) of section
1514 903.046, Florida Statutes, is reenacted to read:
1515 903.046 Purpose of and criteria for bail determination.—
1516 (2) When determining whether to release a defendant on bail
1517 or other conditions, and what that bail or those conditions may
1518 be, the court shall consider:
1519 (m) Whether the defendant, other than a defendant whose
1520 only criminal charge is a misdemeanor offense under chapter 316,
1521 is required to register as a sexual offender under s. 943.0435
1522 or a sexual predator under s. 775.21; and, if so, he or she is
1523 not eligible for release on bail or surety bond until the first
1524 appearance on the case in order to ensure the full participation
1525 of the prosecutor and the protection of the public.
1526 Section 38. For the purpose of incorporating the amendment
1527 made by this act to section 775.21, Florida Statutes, in a
1528 reference thereto, subsection (3) of section 903.133, Florida
1529 Statutes, is reenacted to read:
1530 903.133 Bail on appeal; prohibited for certain felony
1531 convictions.—Notwithstanding s. 903.132, no person shall be
1532 admitted to bail pending review either by posttrial motion or
1533 appeal if he or she was adjudged guilty of:
1534 (3) Any other offense requiring sexual offender
1535 registration under s. 943.0435(1)(h) or sexual predator
1536 registration under s. 775.21(4) when, at the time of the
1537 offense, the offender was 18 years of age or older and the
1538 victim was a minor.
1539 Section 39. For the purpose of incorporating the amendment
1540 made by this act to section 775.21, Florida Statutes, in a
1541 reference thereto, paragraph (b) of subsection (4) of section
1542 907.043, Florida Statutes, is reenacted to read:
1543 907.043 Pretrial release; citizens’ right to know.—
1544 (4)
1545 (b) The annual report must contain, but need not be limited
1546 to:
1547 1. The name, location, and funding sources of the pretrial
1548 release program, including the amount of public funds, if any,
1549 received by the pretrial release program.
1550 2. The operating and capital budget of each pretrial
1551 release program receiving public funds.
1552 3.a. The percentage of the pretrial release program’s total
1553 budget representing receipt of public funds.
1554 b. The percentage of the total budget which is allocated to
1555 assisting defendants obtain release through a nonpublicly funded
1556 program.
1557 c. The amount of fees paid by defendants to the pretrial
1558 release program.
1559 4. The number of persons employed by the pretrial release
1560 program.
1561 5. The number of defendants assessed and interviewed for
1562 pretrial release.
1563 6. The number of defendants recommended for pretrial
1564 release.
1565 7. The number of defendants for whom the pretrial release
1566 program recommended against nonsecured release.
1567 8. The number of defendants granted nonsecured release
1568 after the pretrial release program recommended nonsecured
1569 release.
1570 9. The number of defendants assessed and interviewed for
1571 pretrial release who were declared indigent by the court.
1572 10. The number of defendants accepted into a pretrial
1573 release program who paid a surety or cash bail or bond.
1574 11. The number of defendants for whom a risk assessment
1575 tool was used in determining whether the defendant should be
1576 released pending the disposition of the case and the number of
1577 defendants for whom a risk assessment tool was not used.
1578 12. The specific statutory citation for each criminal
1579 charge related to a defendant whose case is accepted into a
1580 pretrial release program, including, at a minimum, the number of
1581 defendants charged with dangerous crimes as defined in s.
1582 907.041; nonviolent felonies; or misdemeanors only. A
1583 “nonviolent felony” for purposes of this subparagraph excludes
1584 the commission of, an attempt to commit, or a conspiracy to
1585 commit any of the following:
1586 a. An offense enumerated in s. 775.084(1)(c);
1587 b. An offense that requires a person to register as a
1588 sexual predator in accordance with s. 775.21 or as a sexual
1589 offender in accordance with s. 943.0435;
1590 c. Failure to register as a sexual predator in violation of
1591 s. 775.21 or as a sexual offender in violation of s. 943.0435;
1592 d. Facilitating or furthering terrorism in violation of s.
1593 775.31;
1594 e. A forcible felony as described in s. 776.08;
1595 f. False imprisonment in violation of s. 787.02;
1596 g. Burglary of a dwelling or residence in violation of s.
1597 810.02(3);
1598 h. Abuse, aggravated abuse, and neglect of an elderly
1599 person or disabled adult in violation of s. 825.102;
1600 i. Abuse, aggravated abuse, and neglect of a child in
1601 violation of s. 827.03;
1602 j. Poisoning of food or water in violation of s. 859.01;
1603 k. Abuse of a dead human body in violation of s. 872.06;
1604 l. A capital offense in violation of chapter 893;
1605 m. An offense that results in serious bodily injury or
1606 death to another human; or
1607 n. A felony offense in which the defendant used a weapon or
1608 firearm in the commission of the offense.
1609 13. The number of defendants accepted into a pretrial
1610 release program with no prior criminal conviction.
1611 14. The name and case number of each person granted
1612 nonsecured release who:
1613 a. Failed to attend a scheduled court appearance.
1614 b. Was issued a warrant for failing to appear.
1615 c. Was arrested for any offense while on release through
1616 the pretrial release program.
1617 15. Any additional information deemed necessary by the
1618 governing body to assess the performance and cost efficiency of
1619 the pretrial release program.
1620 Section 40. For the purpose of incorporating the amendment
1621 made by this act to section 775.21, Florida Statutes, in a
1622 reference thereto, subsection (1) of section 938.10, Florida
1623 Statutes, is reenacted to read:
1624 938.10 Additional court cost imposed in cases of certain
1625 crimes.—
1626 (1) If a person pleads guilty or nolo contendere to, or is
1627 found guilty of, regardless of adjudication, any offense against
1628 a minor in violation of s. 784.085, chapter 787, chapter 794,
1629 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
1630 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
1631 s. 893.147(3), or s. 985.701, or any offense in violation of s.
1632 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1633 court shall impose a court cost of $151 against the offender in
1634 addition to any other cost or penalty required by law.
1635 Section 41. For the purpose of incorporating the amendment
1636 made by this act to section 775.21, Florida Statutes, in a
1637 reference thereto, subsection (5) of section 943.0435, Florida
1638 Statutes, is reenacted to read:
1639 943.0435 Sexual offenders required to register with the
1640 department; penalty.—
1641 (5) This section does not apply to a sexual offender who is
1642 also a sexual predator, as defined in s. 775.21. A sexual
1643 predator must register as required under s. 775.21.
1644 Section 42. For the purpose of incorporating the amendment
1645 made by this act to section 775.21, Florida Statutes, in a
1646 reference thereto, subsection (2) of section 943.0584, Florida
1647 Statutes, is reenacted to read:
1648 943.0584 Criminal history records ineligible for court
1649 ordered expunction or court-ordered sealing.—
1650 (2) A criminal history record is ineligible for a
1651 certificate of eligibility for expunction or a court-ordered
1652 expunction pursuant to s. 943.0585 or a certificate of
1653 eligibility for sealing or a court-ordered sealing pursuant to
1654 s. 943.059 if the record is a conviction for any of the
1655 following offenses:
1656 (a) Sexual misconduct, as defined in s. 393.135, s.
1657 394.4593, or s. 916.1075;
1658 (b) Illegal use of explosives, as defined in chapter 552;
1659 (c) Terrorism, as defined in s. 775.30;
1660 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
1661 782.09;
1662 (e) Manslaughter or homicide, as defined in s. 782.07, s.
1663 782.071, or s. 782.072;
1664 (f) Assault or battery, as defined in ss. 784.011 and
1665 784.03, respectively, of one family or household member by
1666 another family or household member, as defined in s. 741.28(3);
1667 (g) Aggravated assault, as defined in s. 784.021;
1668 (h) Felony battery, domestic battery by strangulation, or
1669 aggravated battery, as defined in ss. 784.03, 784.041, and
1670 784.045, respectively;
1671 (i) Stalking or aggravated stalking, as defined in s.
1672 784.048;
1673 (j) Luring or enticing a child, as defined in s. 787.025;
1674 (k) Human trafficking, as defined in s. 787.06;
1675 (l) Kidnapping or false imprisonment, as defined in s.
1676 787.01 or s. 787.02;
1677 (m) Any offense defined in chapter 794;
1678 (n) Procuring a person less than 18 years of age for
1679 prostitution, as defined in former s. 796.03;
1680 (o) Lewd or lascivious offenses committed upon or in the
1681 presence of persons less than 16 years of age, as defined in s.
1682 800.04;
1683 (p) Arson, as defined in s. 806.01;
1684 (q) Burglary of a dwelling, as defined in s. 810.02;
1685 (r) Voyeurism or digital voyeurism, as defined in ss.
1686 810.14 and 810.145, respectively;
1687 (s) Robbery or robbery by sudden snatching, as defined in
1688 ss. 812.13 and 812.131, respectively;
1689 (t) Carjacking, as defined in s. 812.133;
1690 (u) Home-invasion robbery, as defined in s. 812.135;
1691 (v) A violation of the Florida Communications Fraud Act, as
1692 provided in s. 817.034;
1693 (w) Abuse of an elderly person or disabled adult, or
1694 aggravated abuse of an elderly person or disabled adult, as
1695 defined in s. 825.102;
1696 (x) Lewd or lascivious offenses committed upon or in the
1697 presence of an elderly person or disabled person, as defined in
1698 s. 825.1025;
1699 (y) Child abuse or aggravated child abuse, as defined in s.
1700 827.03;
1701 (z) Sexual performance by a child, as defined in s.
1702 827.071;
1703 (aa) Any offense defined in chapter 839;
1704 (bb) Certain acts in connection with obscenity, as defined
1705 in s. 847.0133;
1706 (cc) Any offense defined in s. 847.0135;
1707 (dd) Selling or buying of minors, as defined in s.
1708 847.0145;
1709 (ee) Aircraft piracy, as defined in s. 860.16;
1710 (ff) Manufacturing a controlled substance in violation of
1711 chapter 893;
1712 (gg) Drug trafficking, as defined in s. 893.135; or
1713 (hh) Any violation specified as a predicate offense for
1714 registration as a sexual predator pursuant to s. 775.21, or
1715 sexual offender pursuant to s. 943.0435, without regard to
1716 whether that offense alone is sufficient to require such
1717 registration.
1718 Section 43. For the purpose of incorporating the amendment
1719 made by this act to section 775.21, Florida Statutes, in a
1720 reference thereto, subsection (4) of section 944.609, Florida
1721 Statutes, is reenacted to read:
1722 944.609 Career offenders; notification upon release.—
1723 (4) The department or any law enforcement agency may notify
1724 the community and the public of a career offender’s presence in
1725 the community. However, with respect to a career offender who
1726 has been found to be a sexual predator under s. 775.21, the
1727 Department of Law Enforcement or any other law enforcement
1728 agency must inform the community and the public of the career
1729 offender’s presence in the community, as provided in s. 775.21.
1730 Section 44. For the purpose of incorporating the amendment
1731 made by this act to section 775.21, Florida Statutes, in
1732 references thereto, paragraph (c) of subsection (2) and
1733 subsection (10) of section 947.1405, Florida Statutes, are
1734 reenacted to read:
1735 947.1405 Conditional release program.—
1736 (2) Any inmate who:
1737 (c) Is found to be a sexual predator under s. 775.21 or
1738 former s. 775.23,
1739
1740 shall, upon reaching the tentative release date or provisional
1741 release date, whichever is earlier, as established by the
1742 Department of Corrections, be released under supervision subject
1743 to specified terms and conditions, including payment of the cost
1744 of supervision pursuant to s. 948.09. Such supervision shall be
1745 applicable to all sentences within the overall term of sentences
1746 if an inmate’s overall term of sentences includes one or more
1747 sentences that are eligible for conditional release supervision
1748 as provided herein. Effective July 1, 1994, and applicable for
1749 offenses committed on or after that date, the commission may
1750 require, as a condition of conditional release, that the
1751 releasee make payment of the debt due and owing to a county or
1752 municipal detention facility under s. 951.032 for medical care,
1753 treatment, hospitalization, or transportation received by the
1754 releasee while in that detention facility. The commission, in
1755 determining whether to order such repayment and the amount of
1756 such repayment, shall consider the amount of the debt, whether
1757 there was any fault of the institution for the medical expenses
1758 incurred, the financial resources of the releasee, the present
1759 and potential future financial needs and earning ability of the
1760 releasee, and dependents, and other appropriate factors. If any
1761 inmate placed on conditional release supervision is also subject
1762 to probation or community control, resulting from a probationary
1763 or community control split sentence within the overall term of
1764 sentences, the Department of Corrections shall supervise such
1765 person according to the conditions imposed by the court and the
1766 commission shall defer to such supervision. If the court revokes
1767 probation or community control and resentences the offender to a
1768 term of incarceration, such revocation also constitutes a
1769 sufficient basis for the revocation of the conditional release
1770 supervision on any nonprobationary or noncommunity control
1771 sentence without further hearing by the commission. If any such
1772 supervision on any nonprobationary or noncommunity control
1773 sentence is revoked, such revocation may result in a forfeiture
1774 of all gain-time, and the commission may revoke the resulting
1775 deferred conditional release supervision or take other action it
1776 considers appropriate. If the term of conditional release
1777 supervision exceeds that of the probation or community control,
1778 then, upon expiration of the probation or community control,
1779 authority for the supervision shall revert to the commission and
1780 the supervision shall be subject to the conditions imposed by
1781 the commission. A panel of no fewer than two commissioners shall
1782 establish the terms and conditions of any such release. If the
1783 offense was a controlled substance violation, the conditions
1784 shall include a requirement that the offender submit to random
1785 substance abuse testing intermittently throughout the term of
1786 conditional release supervision, upon the direction of the
1787 correctional probation officer as defined in s. 943.10(3). The
1788 commission shall also determine whether the terms and conditions
1789 of such release have been violated and whether such violation
1790 warrants revocation of the conditional release.
1791 (10) Effective for a releasee whose crime was committed on
1792 or after September 1, 2005, in violation of chapter 794, s.
1793 800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
1794 unlawful activity involved a victim who was 15 years of age or
1795 younger and the offender is 18 years of age or older or for a
1796 releasee who is designated as a sexual predator pursuant to s.
1797 775.21, in addition to any other provision of this section, the
1798 commission must order electronic monitoring for the duration of
1799 the releasee’s supervision.
1800 Section 45. For the purpose of incorporating the amendment
1801 made by this act to section 775.21, Florida Statutes, in a
1802 reference thereto, paragraph (b) of subsection (2) of section
1803 948.013, Florida Statutes, is reenacted to read:
1804 948.013 Administrative probation.—
1805 (2)
1806 (b) Effective for an offense committed on or after October
1807 1, 2017, a person is ineligible for placement on administrative
1808 probation if the person is sentenced to or is serving a term of
1809 probation or community control, regardless of the conviction or
1810 adjudication, for committing, or attempting, conspiring, or
1811 soliciting to commit, any of the felony offenses described in s.
1812 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
1813 Section 46. For the purpose of incorporating the amendment
1814 made by this act to section 775.21, Florida Statutes, in a
1815 reference thereto, paragraph (f) of subsection (2) of section
1816 948.05, Florida Statutes, is reenacted to read:
1817 948.05 Court to admonish or commend probationer or offender
1818 in community control; graduated incentives.—
1819 (2) The department shall implement a system of graduated
1820 incentives to promote compliance with the terms of supervision,
1821 encourage educational achievement and stable employment, and
1822 prioritize the highest levels of supervision for probationers or
1823 offenders presenting the greatest risk of recidivism.
1824 (f) A probationer or offender in community control who is
1825 placed under supervision for committing or attempting,
1826 soliciting, or conspiring to commit a violation of any felony
1827 offense described in s. 775.21(4)(a)1.a. or b. or s.
1828 943.0435(1)(h)1.a., or who qualifies as a violent felony
1829 offender of special concern under s. 948.06(8)(b) is not
1830 eligible for any reduction of his or her term of supervision
1831 under this section.
1832 Section 47. For the purpose of incorporating the amendment
1833 made by this act to section 775.21, Florida Statutes, in
1834 references thereto, subsection (4) and paragraphs (b) and (d) of
1835 subsection (8) of section 948.06, Florida Statutes, are
1836 reenacted to read:
1837 948.06 Violation of probation or community control;
1838 revocation; modification; continuance; failure to pay
1839 restitution or cost of supervision.—
1840 (4) Notwithstanding any other provision of this section, a
1841 felony probationer or an offender in community control who is
1842 arrested for violating his or her probation or community control
1843 in a material respect may be taken before the court in the
1844 county or circuit in which the probationer or offender was
1845 arrested. That court shall advise him or her of the charge of a
1846 violation and, if such charge is admitted, shall cause him or
1847 her to be brought before the court that granted the probation or
1848 community control. If the violation is not admitted by the
1849 probationer or offender, the court may commit him or her or
1850 release him or her with or without bail to await further
1851 hearing. However, if the probationer or offender is under
1852 supervision for any criminal offense proscribed in chapter 794,
1853 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
1854 registered sexual predator or a registered sexual offender, or
1855 is under supervision for a criminal offense for which he or she
1856 would meet the registration criteria in s. 775.21, s. 943.0435,
1857 or s. 944.607 but for the effective date of those sections, the
1858 court must make a finding that the probationer or offender is
1859 not a danger to the public prior to release with or without
1860 bail. In determining the danger posed by the offender’s or
1861 probationer’s release, the court may consider the nature and
1862 circumstances of the violation and any new offenses charged; the
1863 offender’s or probationer’s past and present conduct, including
1864 convictions of crimes; any record of arrests without conviction
1865 for crimes involving violence or sexual crimes; any other
1866 evidence of allegations of unlawful sexual conduct or the use of
1867 violence by the offender or probationer; the offender’s or
1868 probationer’s family ties, length of residence in the community,
1869 employment history, and mental condition; his or her history and
1870 conduct during the probation or community control supervision
1871 from which the violation arises and any other previous
1872 supervisions, including disciplinary records of previous
1873 incarcerations; the likelihood that the offender or probationer
1874 will engage again in a criminal course of conduct; the weight of
1875 the evidence against the offender or probationer; and any other
1876 facts the court considers relevant. The court, as soon as is
1877 practicable, shall give the probationer or offender an
1878 opportunity to be fully heard on his or her behalf in person or
1879 by counsel. After the hearing, the court shall make findings of
1880 fact and forward the findings to the court that granted the
1881 probation or community control and to the probationer or
1882 offender or his or her attorney. The findings of fact by the
1883 hearing court are binding on the court that granted the
1884 probation or community control. Upon the probationer or offender
1885 being brought before it, the court that granted the probation or
1886 community control may revoke, modify, or continue the probation
1887 or community control or may place the probationer into community
1888 control as provided in this section. However, the probationer or
1889 offender shall not be released and shall not be admitted to
1890 bail, but shall be brought before the court that granted the
1891 probation or community control if any violation of felony
1892 probation or community control other than a failure to pay costs
1893 or fines or make restitution payments is alleged to have been
1894 committed by:
1895 (a) A violent felony offender of special concern, as
1896 defined in this section;
1897 (b) A person who is on felony probation or community
1898 control for any offense committed on or after the effective date
1899 of this act and who is arrested for a qualifying offense as
1900 defined in this section; or
1901 (c) A person who is on felony probation or community
1902 control and has previously been found by a court to be a
1903 habitual violent felony offender as defined in s. 775.084(1)(b),
1904 a three-time violent felony offender as defined in s.
1905 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1906 arrested for committing a qualifying offense as defined in this
1907 section on or after the effective date of this act.
1908 (8)
1909 (b) For purposes of this section and ss. 903.0351, 948.064,
1910 and 921.0024, the term “violent felony offender of special
1911 concern” means a person who is on:
1912 1. Felony probation or community control related to the
1913 commission of a qualifying offense committed on or after the
1914 effective date of this act;
1915 2. Felony probation or community control for any offense
1916 committed on or after the effective date of this act, and has
1917 previously been convicted of a qualifying offense;
1918 3. Felony probation or community control for any offense
1919 committed on or after the effective date of this act, and is
1920 found to have violated that probation or community control by
1921 committing a qualifying offense;
1922 4. Felony probation or community control and has previously
1923 been found by a court to be a habitual violent felony offender
1924 as defined in s. 775.084(1)(b) and has committed a qualifying
1925 offense on or after the effective date of this act;
1926 5. Felony probation or community control and has previously
1927 been found by a court to be a three-time violent felony offender
1928 as defined in s. 775.084(1)(c) and has committed a qualifying
1929 offense on or after the effective date of this act; or
1930 6. Felony probation or community control and has previously
1931 been found by a court to be a sexual predator under s. 775.21
1932 and has committed a qualifying offense on or after the effective
1933 date of this act.
1934 (d) In the case of an alleged violation of probation or
1935 community control other than a failure to pay costs, fines, or
1936 restitution, the following individuals shall remain in custody
1937 pending the resolution of the probation or community control
1938 violation:
1939 1. A violent felony offender of special concern, as defined
1940 in this section;
1941 2. A person who is on felony probation or community control
1942 for any offense committed on or after the effective date of this
1943 act and who is arrested for a qualifying offense as defined in
1944 this section; or
1945 3. A person who is on felony probation or community control
1946 and has previously been found by a court to be a habitual
1947 violent felony offender as defined in s. 775.084(1)(b), a three
1948 time violent felony offender as defined in s. 775.084(1)(c), or
1949 a sexual predator under s. 775.21, and who is arrested for
1950 committing a qualifying offense as defined in this section on or
1951 after the effective date of this act.
1952
1953 The court shall not dismiss the probation or community control
1954 violation warrant pending against an offender enumerated in this
1955 paragraph without holding a recorded violation-of-probation
1956 hearing at which both the state and the offender are
1957 represented.
1958 Section 48. For the purpose of incorporating the amendment
1959 made by this act to section 775.21, Florida Statutes, in a
1960 reference thereto, section 948.063, Florida Statutes, is
1961 reenacted to read:
1962 948.063 Violations of probation or community control by
1963 designated sexual offenders and sexual predators.—
1964 (1) If probation or community control for any felony
1965 offense is revoked by the court pursuant to s. 948.06(2)(e) and
1966 the offender is designated as a sexual offender pursuant to s.
1967 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
1968 775.21 for unlawful sexual activity involving a victim 15 years
1969 of age or younger and the offender is 18 years of age or older,
1970 and if the court imposes a subsequent term of supervision
1971 following the revocation of probation or community control, the
1972 court must order electronic monitoring as a condition of the
1973 subsequent term of probation or community control.
1974 (2) If the probationer or offender is required to register
1975 as a sexual predator under s. 775.21 or as a sexual offender
1976 under s. 943.0435 or s. 944.607 for unlawful sexual activity
1977 involving a victim 15 years of age or younger and the
1978 probationer or offender is 18 years of age or older and has
1979 violated the conditions of his or her probation or community
1980 control, but the court does not revoke the probation or
1981 community control, the court shall nevertheless modify the
1982 probation or community control to include electronic monitoring
1983 for any probationer or offender not then subject to electronic
1984 monitoring.
1985 Section 49. For the purpose of incorporating the amendment
1986 made by this act to section 775.21, Florida Statutes, in a
1987 reference thereto, subsection (4) of section 948.064, Florida
1988 Statutes, is reenacted to read:
1989 948.064 Notification of status as a violent felony offender
1990 of special concern.—
1991 (4) The state attorney, or the statewide prosecutor if
1992 applicable, shall advise the court at each critical stage in the
1993 judicial process, at which the state attorney or statewide
1994 prosecutor is represented, whether an alleged or convicted
1995 offender is a violent felony offender of special concern; a
1996 person who is on felony probation or community control for any
1997 offense committed on or after the effective date of this act and
1998 who is arrested for a qualifying offense; or a person who is on
1999 felony probation or community control and has previously been
2000 found by a court to be a habitual violent felony offender as
2001 defined in s. 775.084(1)(b), a three-time violent felony
2002 offender as defined in s. 775.084(1)(c), or a sexual predator
2003 under s. 775.21, and who is arrested for committing a qualifying
2004 offense on or after the effective date of this act.
2005 Section 50. For the purpose of incorporating the amendment
2006 made by this act to section 775.21, Florida Statutes, in a
2007 reference thereto, section 948.12, Florida Statutes, is
2008 reenacted to read:
2009 948.12 Intensive supervision for postprison release of
2010 violent offenders.—It is the finding of the Legislature that the
2011 population of violent offenders released from state prison into
2012 the community poses the greatest threat to the public safety of
2013 the groups of offenders under community supervision. Therefore,
2014 for the purpose of enhanced public safety, any offender released
2015 from state prison who:
2016 (1) Was most recently incarcerated for an offense that is
2017 or was contained in category 1 (murder, manslaughter), category
2018 2 (sexual offenses), category 3 (robbery), or category 4
2019 (violent personal crimes) of Rules 3.701 and 3.988, Florida
2020 Rules of Criminal Procedure (1993), and who has served at least
2021 one prior felony commitment at a state or federal correctional
2022 institution;
2023 (2) Was sentenced as a habitual offender, violent habitual
2024 offender, or violent career criminal pursuant to s. 775.084; or
2025 (3) Has been found to be a sexual predator pursuant to s.
2026 775.21,
2027
2028 and who has a term of probation to follow the period of
2029 incarceration shall be provided intensive supervision by
2030 experienced correctional probation officers. Subject to specific
2031 appropriation by the Legislature, caseloads may be restricted to
2032 a maximum of 40 offenders per officer to provide for enhanced
2033 public safety as well as to effectively monitor conditions of
2034 electronic monitoring or curfews, if such was ordered by the
2035 court.
2036 Section 51. For the purpose of incorporating the amendment
2037 made by this act to section 775.21, Florida Statutes, in a
2038 reference thereto, subsection (3) of section 948.30, Florida
2039 Statutes, is reenacted to read:
2040 948.30 Additional terms and conditions of probation or
2041 community control for certain sex offenses.—Conditions imposed
2042 pursuant to this section do not require oral pronouncement at
2043 the time of sentencing and shall be considered standard
2044 conditions of probation or community control for offenders
2045 specified in this section.
2046 (3) Effective for a probationer or community controllee
2047 whose crime was committed on or after September 1, 2005, and
2048 who:
2049 (a) Is placed on probation or community control for a
2050 violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071;
2051 or s. 847.0145, or is placed on probation or community control
2052 on or after July 1, 2023, for attempting, soliciting, or
2053 conspiring to commit a violation of chapter 794; s. 800.04(4),
2054 (5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual
2055 activity involved a victim 15 years of age or younger and the
2056 offender is 18 years of age or older;
2057 (b) Is designated a sexual predator pursuant to s. 775.21;
2058 or
2059 (c) Has previously been convicted of a violation of chapter
2060 794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 and
2061 the unlawful sexual activity involved a victim 15 years of age
2062 or younger and the offender is 18 years of age or older,
2063
2064 the court must order, in addition to any other provision of this
2065 section, mandatory electronic monitoring as a condition of the
2066 probation or community control supervision.
2067 Section 52. For the purpose of incorporating the amendment
2068 made by this act to section 775.21, Florida Statutes, in a
2069 reference thereto, section 948.31, Florida Statutes, is
2070 reenacted to read:
2071 948.31 Evaluation and treatment of sexual predators and
2072 offenders on probation or community control.—The court may
2073 require any probationer or community controllee who is required
2074 to register as a sexual predator under s. 775.21 or sexual
2075 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
2076 an evaluation, at the probationer or community controllee’s
2077 expense, by a qualified practitioner to determine whether such
2078 probationer or community controllee needs sexual offender
2079 treatment. If the qualified practitioner determines that sexual
2080 offender treatment is needed and recommends treatment, the
2081 probationer or community controllee must successfully complete
2082 and pay for the treatment. Such treatment must be obtained from
2083 a qualified practitioner as defined in s. 948.001. Treatment may
2084 not be administered by a qualified practitioner who has been
2085 convicted or adjudicated delinquent of committing, or
2086 attempting, soliciting, or conspiring to commit, any offense
2087 that is listed in s. 943.0435(1)(h)1.a.(I).
2088 Section 53. For the purpose of incorporating the amendment
2089 made by this act to section 775.21, Florida Statutes, in a
2090 reference thereto, paragraph (b) of subsection (6) of section
2091 985.04, Florida Statutes, is reenacted to read:
2092 985.04 Oaths; records; confidential information.—
2093 (6)
2094 (b) Sexual offender and predator registration information
2095 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
2096 and 985.4815 is a public record pursuant to s. 119.07(1) and as
2097 otherwise provided by law.
2098 Section 54. For the purpose of incorporating the amendment
2099 made by this act to section 943.0435, Florida Statutes, in
2100 references thereto, paragraph (c) of subsection (2) and
2101 paragraph (c) of subsection (9) of section 61.13, Florida
2102 Statutes, are reenacted to read:
2103 61.13 Support of children; parenting and time-sharing;
2104 powers of court.—
2105 (2)
2106 (c) The court shall determine all matters relating to
2107 parenting and time-sharing of each minor child of the parties in
2108 accordance with the best interests of the child and in
2109 accordance with the Uniform Child Custody Jurisdiction and
2110 Enforcement Act, except that modification of a parenting plan
2111 and time-sharing schedule requires a showing of a substantial
2112 and material change of circumstances.
2113 1. It is the public policy of this state that each minor
2114 child has frequent and continuing contact with both parents
2115 after the parents separate or the marriage of the parties is
2116 dissolved and to encourage parents to share the rights and
2117 responsibilities, and joys, of childrearing. Unless otherwise
2118 provided in this section or agreed to by the parties, there is a
2119 rebuttable presumption that equal time-sharing of a minor child
2120 is in the best interests of the minor child. To rebut this
2121 presumption, a party must prove by a preponderance of the
2122 evidence that equal time-sharing is not in the best interests of
2123 the minor child. Except when a time-sharing schedule is agreed
2124 to by the parties and approved by the court, the court must
2125 evaluate all of the factors set forth in subsection (3) and make
2126 specific written findings of fact when creating or modifying a
2127 time-sharing schedule.
2128 2. The court shall order that the parental responsibility
2129 for a minor child be shared by both parents unless the court
2130 finds that shared parental responsibility would be detrimental
2131 to the child. In determining detriment to the child, the court
2132 shall consider:
2133 a. Evidence of domestic violence, as defined in s. 741.28;
2134 b. Whether either parent has or has had reasonable cause to
2135 believe that he or she or his or her minor child or children are
2136 or have been in imminent danger of becoming victims of an act of
2137 domestic violence as defined in s. 741.28 or sexual violence as
2138 defined in s. 784.046(1)(c) by the other parent against the
2139 parent or against the child or children whom the parents share
2140 in common regardless of whether a cause of action has been
2141 brought or is currently pending in the court;
2142 c. Whether either parent has or has had reasonable cause to
2143 believe that his or her minor child or children are or have been
2144 in imminent danger of becoming victims of an act of abuse,
2145 abandonment, or neglect, as those terms are defined in s. 39.01,
2146 by the other parent against the child or children whom the
2147 parents share in common regardless of whether a cause of action
2148 has been brought or is currently pending in the court; and
2149 d. Any other relevant factors.
2150 3. The following evidence creates a rebuttable presumption
2151 that shared parental responsibility is detrimental to the child:
2152 a. A parent has been convicted of a misdemeanor of the
2153 first degree or higher involving domestic violence, as defined
2154 in s. 741.28 and chapter 775;
2155 b. A parent meets the criteria of s. 39.806(1)(d); or
2156 c. A parent has been convicted of or had adjudication
2157 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
2158 at the time of the offense:
2159 (I) The parent was 18 years of age or older.
2160 (II) The victim was under 18 years of age or the parent
2161 believed the victim to be under 18 years of age.
2162
2163 If the presumption is not rebutted after the convicted parent is
2164 advised by the court that the presumption exists, shared
2165 parental responsibility, including time-sharing with the child,
2166 and decisions made regarding the child, may not be granted to
2167 the convicted parent. However, the convicted parent is not
2168 relieved of any obligation to provide financial support. If the
2169 court determines that shared parental responsibility would be
2170 detrimental to the child, it may order sole parental
2171 responsibility and make such arrangements for time-sharing as
2172 specified in the parenting plan as will best protect the child
2173 or abused spouse from further harm. Whether or not there is a
2174 conviction of any offense of domestic violence or child abuse or
2175 the existence of an injunction for protection against domestic
2176 violence, the court shall consider evidence of domestic violence
2177 or child abuse as evidence of detriment to the child.
2178 4. In ordering shared parental responsibility, the court
2179 may consider the expressed desires of the parents and may grant
2180 to one party the ultimate responsibility over specific aspects
2181 of the child’s welfare or may divide those responsibilities
2182 between the parties based on the best interests of the child.
2183 Areas of responsibility may include education, health care, and
2184 any other responsibilities that the court finds unique to a
2185 particular family.
2186 5. The court shall order sole parental responsibility for a
2187 minor child to one parent, with or without time-sharing with the
2188 other parent if it is in the best interests of the minor child.
2189 6. There is a rebuttable presumption against granting time
2190 sharing with a minor child if a parent has been convicted of or
2191 had adjudication withheld for an offense enumerated in s.
2192 943.0435(1)(h)1.a., and at the time of the offense:
2193 a. The parent was 18 years of age or older.
2194 b. The victim was under 18 years of age or the parent
2195 believed the victim to be under 18 years of age.
2196
2197 A parent may rebut the presumption upon a specific finding in
2198 writing by the court that the parent poses no significant risk
2199 of harm to the child and that time-sharing is in the best
2200 interests of the minor child. If the presumption is rebutted,
2201 the court must consider all time-sharing factors in subsection
2202 (3) when developing a time-sharing schedule.
2203 7. Access to records and information pertaining to a minor
2204 child, including, but not limited to, medical, dental, and
2205 school records, may not be denied to either parent. Full rights
2206 under this subparagraph apply to either parent unless a court
2207 order specifically revokes these rights, including any
2208 restrictions on these rights as provided in a domestic violence
2209 injunction. A parent having rights under this subparagraph has
2210 the same rights upon request as to form, substance, and manner
2211 of access as are available to the other parent of a child,
2212 including, without limitation, the right to in-person
2213 communication with medical, dental, and education providers.
2214 (9)
2215 (c) A court may not order visitation at a recovery
2216 residence if any resident of the recovery residence is currently
2217 required to register as a sexual predator under s. 775.21 or as
2218 a sexual offender under s. 943.0435.
2219 Section 55. For the purpose of incorporating the amendment
2220 made by this act to section 943.0435, Florida Statutes, in
2221 references thereto, paragraph (i) of subsection (3) and
2222 subsection (6) of section 68.07, Florida Statutes, are reenacted
2223 to read:
2224 68.07 Change of name.—
2225 (3) Each petition shall be verified and show:
2226 (i) Whether the petitioner has ever been required to
2227 register as a sexual predator under s. 775.21 or as a sexual
2228 offender under s. 943.0435.
2229 (6) The clerk of the court must, within 5 business days
2230 after the filing of the final judgment, send a report of the
2231 judgment to the Department of Law Enforcement on a form to be
2232 furnished by that department. If the petitioner is required to
2233 register as a sexual predator or a sexual offender pursuant to
2234 s. 775.21 or s. 943.0435, the clerk of court shall
2235 electronically notify the Department of Law Enforcement of the
2236 name change, in a manner prescribed by that department, within 2
2237 business days after the filing of the final judgment. The
2238 Department of Law Enforcement must send a copy of the report to
2239 the Department of Highway Safety and Motor Vehicles, which may
2240 be delivered by electronic transmission. The report must contain
2241 sufficient information to identify the petitioner, including the
2242 results of the criminal history records check if applicable, the
2243 new name of the petitioner, and the file number of the judgment.
2244 The Department of Highway Safety and Motor Vehicles shall
2245 monitor the records of any sexual predator or sexual offender
2246 whose name has been provided to it by the Department of Law
2247 Enforcement. If the sexual predator or sexual offender does not
2248 obtain a replacement driver license or identification card
2249 within the required time as specified in s. 775.21 or s.
2250 943.0435, the Department of Highway Safety and Motor Vehicles
2251 shall notify the Department of Law Enforcement. The Department
2252 of Law Enforcement shall notify applicable law enforcement
2253 agencies of the predator’s or offender’s failure to comply with
2254 registration requirements. Any information retained by the
2255 Department of Law Enforcement and the Department of Highway
2256 Safety and Motor Vehicles may be revised or supplemented by said
2257 departments to reflect changes made by the final judgment. With
2258 respect to a person convicted of a felony in another state or of
2259 a federal offense, the Department of Law Enforcement must send
2260 the report to the respective state’s office of law enforcement
2261 records or to the office of the Federal Bureau of Investigation.
2262 The Department of Law Enforcement may forward the report to any
2263 other law enforcement agency it believes may retain information
2264 related to the petitioner.
2265 Section 56. For the purpose of incorporating the amendment
2266 made by this act to section 943.0435, Florida Statutes, in a
2267 reference thereto, paragraph (b) of subsection (1) of section
2268 92.55, Florida Statutes, is reenacted to read:
2269 92.55 Special protections in proceedings involving victim
2270 or witness under 18, person with intellectual disability, or
2271 sexual offense victim.—
2272 (1) For purposes of this section, the term:
2273 (b) “Sexual offense” means any offense specified in s.
2274 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
2275 Section 57. For the purpose of incorporating the amendment
2276 made by this act to section 943.0435, Florida Statutes, in a
2277 reference thereto, paragraph (b) of subsection (2) of section
2278 98.0751, Florida Statutes, is reenacted to read:
2279 98.0751 Restoration of voting rights; termination of
2280 ineligibility subsequent to a felony conviction.—
2281 (2) For purposes of this section, the term:
2282 (b) “Felony sexual offense” means any of the following:
2283 1. Any felony offense that serves as a predicate to
2284 registration as a sexual offender in accordance with s.
2285 943.0435;
2286 2. Section 491.0112;
2287 3. Section 784.049(3)(b);
2288 4. Section 794.08;
2289 5. Section 796.08;
2290 6. Section 800.101;
2291 7. Section 826.04;
2292 8. Section 847.012;
2293 9. Section 872.06(2);
2294 10. Section 944.35(3)(b)2.;
2295 11. Section 951.221(1); or
2296 12. Any similar offense committed in another jurisdiction
2297 which would be an offense listed in this paragraph if it had
2298 been committed in violation of the laws of this state.
2299 Section 58. For the purpose of incorporating the amendment
2300 made by this act to section 943.0435, Florida Statutes, in a
2301 reference thereto, subsection (3) of section 322.141, Florida
2302 Statutes, is reenacted to read:
2303 322.141 Color or markings of certain licenses or
2304 identification cards.—
2305 (3) All licenses for the operation of motor vehicles or
2306 identification cards originally issued or reissued by the
2307 department to persons who are designated as sexual predators
2308 under s. 775.21 or subject to registration as sexual offenders
2309 under s. 943.0435 or s. 944.607, or who have a similar
2310 designation or are subject to a similar registration under the
2311 laws of another jurisdiction, shall have on the front of the
2312 license or identification card the following:
2313 (a) For a person designated as a sexual predator under s.
2314 775.21 or who has a similar designation under the laws of
2315 another jurisdiction, the marking “SEXUAL PREDATOR.”
2316 (b) For a person subject to registration as a sexual
2317 offender under s. 943.0435 or s. 944.607, or subject to a
2318 similar registration under the laws of another jurisdiction, the
2319 marking “943.0435, F.S.”
2320 Section 59. For the purpose of incorporating the amendment
2321 made by this act to section 943.0435, Florida Statutes, in a
2322 reference thereto, subsection (2) of section 394.9125, Florida
2323 Statutes, is reenacted to read:
2324 394.9125 State attorney; authority to refer a person for
2325 civil commitment.—
2326 (2) A state attorney may refer a person to the department
2327 for civil commitment proceedings if the person:
2328 (a) Is required to register as a sexual offender pursuant
2329 to s. 943.0435;
2330 (b) Has previously been convicted of a sexually violent
2331 offense as defined in s. 394.912(9)(a)-(h); and
2332 (c) Has been sentenced to a term of imprisonment in a
2333 county or municipal jail for any criminal offense.
2334 Section 60. For the purpose of incorporating the amendment
2335 made by this act to section 943.0435, Florida Statutes, in a
2336 reference thereto, paragraph (b) of subsection (4) of section
2337 435.07, Florida Statutes, is reenacted to read:
2338 435.07 Exemptions from disqualification.—Unless otherwise
2339 provided by law, the provisions of this section apply to
2340 exemptions from disqualification for disqualifying offenses
2341 revealed pursuant to background screenings required under this
2342 chapter, regardless of whether those disqualifying offenses are
2343 listed in this chapter or other laws.
2344 (4)
2345 (b) Disqualification from employment or affiliation under
2346 this chapter may not be removed from, nor may an exemption be
2347 granted to, any person who is a:
2348 1. Sexual predator as designated pursuant to s. 775.21;
2349 2. Career offender pursuant to s. 775.261; or
2350 3. Sexual offender pursuant to s. 943.0435, unless the
2351 requirement to register as a sexual offender has been removed
2352 pursuant to s. 943.04354.
2353 Section 61. For the purpose of incorporating the amendment
2354 made by this act to section 943.0435, Florida Statutes, in a
2355 reference thereto, subsection (2) of section 775.0862, Florida
2356 Statutes, is reenacted to read:
2357 775.0862 Sexual offenses against students by authority
2358 figures; reclassification.—
2359 (2) The felony degree of a violation of an offense listed
2360 in s. 943.0435(1)(h)1.a., unless the offense is a violation of
2361 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
2362 as provided in this section if the offense is committed by an
2363 authority figure of a school against a student of the school.
2364 Section 62. For the purpose of incorporating the amendment
2365 made by this act to section 943.0435, Florida Statutes, in a
2366 reference thereto, subsection (4) of section 775.13, Florida
2367 Statutes, is reenacted to read:
2368 775.13 Registration of convicted felons, exemptions;
2369 penalties.—
2370 (4) This section does not apply to an offender:
2371 (a) Who has had his or her civil rights restored;
2372 (b) Who has received a full pardon for the offense for
2373 which convicted;
2374 (c) Who has been lawfully released from incarceration or
2375 other sentence or supervision for a felony conviction for more
2376 than 5 years prior to such time for registration, unless the
2377 offender is a fugitive from justice on a felony charge or has
2378 been convicted of any offense since release from such
2379 incarceration or other sentence or supervision;
2380 (d) Who is a parolee or probationer under the supervision
2381 of the United States Parole Commission if the commission knows
2382 of and consents to the presence of the offender in Florida or is
2383 a probationer under the supervision of any federal probation
2384 officer in the state or who has been lawfully discharged from
2385 such parole or probation;
2386 (e) Who is a sexual predator and has registered as required
2387 under s. 775.21;
2388 (f) Who is a sexual offender and has registered as required
2389 in s. 943.0435 or s. 944.607; or
2390 (g) Who is a career offender who has registered as required
2391 in s. 775.261 or s. 944.609.
2392 Section 63. For the purpose of incorporating the amendment
2393 made by this act to section 943.0435, Florida Statutes, in a
2394 reference thereto, subsection (2) of section 775.24, Florida
2395 Statutes, is reenacted to read:
2396 775.24 Duty of the court to uphold laws governing sexual
2397 predators and sexual offenders.—
2398 (2) If a person meets the criteria in this chapter for
2399 designation as a sexual predator or meets the criteria in s.
2400 943.0435, s. 944.606, s. 944.607, or any other law for
2401 classification as a sexual offender, the court may not enter an
2402 order, for the purpose of approving a plea agreement or for any
2403 other reason, which:
2404 (a) Exempts a person who meets the criteria for designation
2405 as a sexual predator or classification as a sexual offender from
2406 such designation or classification, or exempts such person from
2407 the requirements for registration or community and public
2408 notification imposed upon sexual predators and sexual offenders;
2409 (b) Restricts the compiling, reporting, or release of
2410 public records information that relates to sexual predators or
2411 sexual offenders; or
2412 (c) Prevents any person or entity from performing its
2413 duties or operating within its statutorily conferred authority
2414 as such duty or authority relates to sexual predators or sexual
2415 offenders.
2416 Section 64. For the purpose of incorporating the amendment
2417 made by this act to section 943.0435, Florida Statutes, in a
2418 reference thereto, section 775.25, Florida Statutes, is
2419 reenacted to read:
2420 775.25 Prosecutions for acts or omissions.—A sexual
2421 predator or sexual offender who commits any act or omission in
2422 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
2423 944.607, or former s. 947.177 may be prosecuted for the act or
2424 omission in the county in which the act or omission was
2425 committed, in the county of the last registered address of the
2426 sexual predator or sexual offender, in the county in which the
2427 conviction occurred for the offense or offenses that meet the
2428 criteria for designating a person as a sexual predator or sexual
2429 offender, in the county where the sexual predator or sexual
2430 offender was released from incarceration, or in the county of
2431 the intended address of the sexual predator or sexual offender
2432 as reported by the predator or offender prior to his or her
2433 release from incarceration. In addition, a sexual predator may
2434 be prosecuted for any such act or omission in the county in
2435 which he or she was designated a sexual predator.
2436 Section 65. For the purpose of incorporating the amendment
2437 made by this act to section 943.0435, Florida Statutes, in a
2438 reference thereto, paragraph (cc) of subsection (2) of section
2439 900.05, Florida Statutes, is reenacted to read:
2440 900.05 Criminal justice data collection.—
2441 (2) DEFINITIONS.—As used in this section, the term:
2442 (cc) “Sexual offender flag” means an indication that a
2443 defendant was required to register as a sexual predator as
2444 defined in s. 775.21 or as a sexual offender as defined in s.
2445 943.0435.
2446 Section 66. For the purpose of incorporating the amendment
2447 made by this act to section 943.0435, Florida Statutes, in a
2448 reference thereto, paragraph (m) of subsection (2) of section
2449 903.046, Florida Statutes, is reenacted to read:
2450 903.046 Purpose of and criteria for bail determination.—
2451 (2) When determining whether to release a defendant on bail
2452 or other conditions, and what that bail or those conditions may
2453 be, the court shall consider:
2454 (m) Whether the defendant, other than a defendant whose
2455 only criminal charge is a misdemeanor offense under chapter 316,
2456 is required to register as a sexual offender under s. 943.0435
2457 or a sexual predator under s. 775.21; and, if so, he or she is
2458 not eligible for release on bail or surety bond until the first
2459 appearance on the case in order to ensure the full participation
2460 of the prosecutor and the protection of the public.
2461 Section 67. For the purpose of incorporating the amendment
2462 made by this act to section 943.0435, Florida Statutes, in a
2463 reference thereto, section 903.133, Florida Statutes, is
2464 reenacted to read:
2465 903.133 Bail on appeal; prohibited for certain felony
2466 convictions.—Notwithstanding s. 903.132, no person shall be
2467 admitted to bail pending review either by posttrial motion or
2468 appeal if he or she was adjudged guilty of:
2469 (1) A felony of the first degree for a violation of s.
2470 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
2471 893.13, or s. 893.135;
2472 (2) A violation of s. 794.011(2) or (3); or
2473 (3) Any other offense requiring sexual offender
2474 registration under s. 943.0435(1)(h) or sexual predator
2475 registration under s. 775.21(4) when, at the time of the
2476 offense, the offender was 18 years of age or older and the
2477 victim was a minor.
2478 Section 68. For the purpose of incorporating the amendment
2479 made by this act to section 943.0435, Florida Statutes, in a
2480 reference thereto, paragraph (b) of subsection (4) of section
2481 907.043, Florida Statutes, is reenacted to read:
2482 907.043 Pretrial release; citizens’ right to know.—
2483 (4)
2484 (b) The annual report must contain, but need not be limited
2485 to:
2486 1. The name, location, and funding sources of the pretrial
2487 release program, including the amount of public funds, if any,
2488 received by the pretrial release program.
2489 2. The operating and capital budget of each pretrial
2490 release program receiving public funds.
2491 3.a. The percentage of the pretrial release program’s total
2492 budget representing receipt of public funds.
2493 b. The percentage of the total budget which is allocated to
2494 assisting defendants obtain release through a nonpublicly funded
2495 program.
2496 c. The amount of fees paid by defendants to the pretrial
2497 release program.
2498 4. The number of persons employed by the pretrial release
2499 program.
2500 5. The number of defendants assessed and interviewed for
2501 pretrial release.
2502 6. The number of defendants recommended for pretrial
2503 release.
2504 7. The number of defendants for whom the pretrial release
2505 program recommended against nonsecured release.
2506 8. The number of defendants granted nonsecured release
2507 after the pretrial release program recommended nonsecured
2508 release.
2509 9. The number of defendants assessed and interviewed for
2510 pretrial release who were declared indigent by the court.
2511 10. The number of defendants accepted into a pretrial
2512 release program who paid a surety or cash bail or bond.
2513 11. The number of defendants for whom a risk assessment
2514 tool was used in determining whether the defendant should be
2515 released pending the disposition of the case and the number of
2516 defendants for whom a risk assessment tool was not used.
2517 12. The specific statutory citation for each criminal
2518 charge related to a defendant whose case is accepted into a
2519 pretrial release program, including, at a minimum, the number of
2520 defendants charged with dangerous crimes as defined in s.
2521 907.041; nonviolent felonies; or misdemeanors only. A
2522 “nonviolent felony” for purposes of this subparagraph excludes
2523 the commission of, an attempt to commit, or a conspiracy to
2524 commit any of the following:
2525 a. An offense enumerated in s. 775.084(1)(c);
2526 b. An offense that requires a person to register as a
2527 sexual predator in accordance with s. 775.21 or as a sexual
2528 offender in accordance with s. 943.0435;
2529 c. Failure to register as a sexual predator in violation of
2530 s. 775.21 or as a sexual offender in violation of s. 943.0435;
2531 d. Facilitating or furthering terrorism in violation of s.
2532 775.31;
2533 e. A forcible felony as described in s. 776.08;
2534 f. False imprisonment in violation of s. 787.02;
2535 g. Burglary of a dwelling or residence in violation of s.
2536 810.02(3);
2537 h. Abuse, aggravated abuse, and neglect of an elderly
2538 person or disabled adult in violation of s. 825.102;
2539 i. Abuse, aggravated abuse, and neglect of a child in
2540 violation of s. 827.03;
2541 j. Poisoning of food or water in violation of s. 859.01;
2542 k. Abuse of a dead human body in violation of s. 872.06;
2543 l. A capital offense in violation of chapter 893;
2544 m. An offense that results in serious bodily injury or
2545 death to another human; or
2546 n. A felony offense in which the defendant used a weapon or
2547 firearm in the commission of the offense.
2548 13. The number of defendants accepted into a pretrial
2549 release program with no prior criminal conviction.
2550 14. The name and case number of each person granted
2551 nonsecured release who:
2552 a. Failed to attend a scheduled court appearance.
2553 b. Was issued a warrant for failing to appear.
2554 c. Was arrested for any offense while on release through
2555 the pretrial release program.
2556 15. Any additional information deemed necessary by the
2557 governing body to assess the performance and cost efficiency of
2558 the pretrial release program.
2559 Section 69. For the purpose of incorporating the amendment
2560 made by this act to section 943.0435, Florida Statutes, in a
2561 reference thereto, paragraph (a) of subsection (2) of section
2562 934.255, Florida Statutes, is reenacted to read:
2563 934.255 Subpoenas in investigations of sexual offenses.—
2564 (2) An investigative or law enforcement officer who is
2565 conducting an investigation into:
2566 (a) Allegations of the sexual abuse of a child or an
2567 individual’s suspected commission of a crime listed in s.
2568 943.0435(1)(h)1.a.(I) may use a subpoena to compel the
2569 production of records, documents, or other tangible objects and
2570 the testimony of the subpoena recipient concerning the
2571 production and authenticity of such records, documents, or
2572 objects, except as provided in paragraphs (b) and (c).
2573
2574 A subpoena issued under this subsection must describe the
2575 records, documents, or other tangible objects required to be
2576 produced, and must prescribe a date by which such records,
2577 documents, or other tangible objects must be produced.
2578 Section 70. For the purpose of incorporating the amendment
2579 made by this act to section 943.0435, Florida Statutes, in a
2580 reference thereto, subsection (1) of section 938.10, Florida
2581 Statutes, is reenacted to read:
2582 938.10 Additional court cost imposed in cases of certain
2583 crimes.—
2584 (1) If a person pleads guilty or nolo contendere to, or is
2585 found guilty of, regardless of adjudication, any offense against
2586 a minor in violation of s. 784.085, chapter 787, chapter 794,
2587 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
2588 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
2589 s. 893.147(3), or s. 985.701, or any offense in violation of s.
2590 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
2591 court shall impose a court cost of $151 against the offender in
2592 addition to any other cost or penalty required by law.
2593 Section 71. For the purpose of incorporating the amendment
2594 made by this act to section 943.0435, Florida Statutes, in a
2595 reference thereto, subsection (2) of section 943.0436, Florida
2596 Statutes, is reenacted to read:
2597 943.0436 Duty of the court to uphold laws governing sexual
2598 predators and sexual offenders.—
2599 (2) If a person meets the criteria in chapter 775 for
2600 designation as a sexual predator or meets the criteria in s.
2601 943.0435, s. 944.606, s. 944.607, or any other law for
2602 classification as a sexual offender, the court may not enter an
2603 order, for the purpose of approving a plea agreement or for any
2604 other reason, which:
2605 (a) Exempts a person who meets the criteria for designation
2606 as a sexual predator or classification as a sexual offender from
2607 such designation or classification, or exempts such person from
2608 the requirements for registration or community and public
2609 notification imposed upon sexual predators and sexual offenders;
2610 (b) Restricts the compiling, reporting, or release of
2611 public records information that relates to sexual predators or
2612 sexual offenders; or
2613 (c) Prevents any person or entity from performing its
2614 duties or operating within its statutorily conferred authority
2615 as such duty or authority relates to sexual predators or sexual
2616 offenders.
2617 Section 72. For the purpose of incorporating the amendment
2618 made by this act to section 943.0435, Florida Statutes, in a
2619 reference thereto, subsection (2) of section 943.0584, Florida
2620 Statutes, is reenacted to read:
2621 943.0584 Criminal history records ineligible for court
2622 ordered expunction or court-ordered sealing.—
2623 (2) A criminal history record is ineligible for a
2624 certificate of eligibility for expunction or a court-ordered
2625 expunction pursuant to s. 943.0585 or a certificate of
2626 eligibility for sealing or a court-ordered sealing pursuant to
2627 s. 943.059 if the record is a conviction for any of the
2628 following offenses:
2629 (a) Sexual misconduct, as defined in s. 393.135, s.
2630 394.4593, or s. 916.1075;
2631 (b) Illegal use of explosives, as defined in chapter 552;
2632 (c) Terrorism, as defined in s. 775.30;
2633 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
2634 782.09;
2635 (e) Manslaughter or homicide, as defined in s. 782.07, s.
2636 782.071, or s. 782.072;
2637 (f) Assault or battery, as defined in ss. 784.011 and
2638 784.03, respectively, of one family or household member by
2639 another family or household member, as defined in s. 741.28(3);
2640 (g) Aggravated assault, as defined in s. 784.021;
2641 (h) Felony battery, domestic battery by strangulation, or
2642 aggravated battery, as defined in ss. 784.03, 784.041, and
2643 784.045, respectively;
2644 (i) Stalking or aggravated stalking, as defined in s.
2645 784.048;
2646 (j) Luring or enticing a child, as defined in s. 787.025;
2647 (k) Human trafficking, as defined in s. 787.06;
2648 (l) Kidnapping or false imprisonment, as defined in s.
2649 787.01 or s. 787.02;
2650 (m) Any offense defined in chapter 794;
2651 (n) Procuring a person less than 18 years of age for
2652 prostitution, as defined in former s. 796.03;
2653 (o) Lewd or lascivious offenses committed upon or in the
2654 presence of persons less than 16 years of age, as defined in s.
2655 800.04;
2656 (p) Arson, as defined in s. 806.01;
2657 (q) Burglary of a dwelling, as defined in s. 810.02;
2658 (r) Voyeurism or digital voyeurism, as defined in ss.
2659 810.14 and 810.145, respectively;
2660 (s) Robbery or robbery by sudden snatching, as defined in
2661 ss. 812.13 and 812.131, respectively;
2662 (t) Carjacking, as defined in s. 812.133;
2663 (u) Home-invasion robbery, as defined in s. 812.135;
2664 (v) A violation of the Florida Communications Fraud Act, as
2665 provided in s. 817.034;
2666 (w) Abuse of an elderly person or disabled adult, or
2667 aggravated abuse of an elderly person or disabled adult, as
2668 defined in s. 825.102;
2669 (x) Lewd or lascivious offenses committed upon or in the
2670 presence of an elderly person or disabled person, as defined in
2671 s. 825.1025;
2672 (y) Child abuse or aggravated child abuse, as defined in s.
2673 827.03;
2674 (z) Sexual performance by a child, as defined in s.
2675 827.071;
2676 (aa) Any offense defined in chapter 839;
2677 (bb) Certain acts in connection with obscenity, as defined
2678 in s. 847.0133;
2679 (cc) Any offense defined in s. 847.0135;
2680 (dd) Selling or buying of minors, as defined in s.
2681 847.0145;
2682 (ee) Aircraft piracy, as defined in s. 860.16;
2683 (ff) Manufacturing a controlled substance in violation of
2684 chapter 893;
2685 (gg) Drug trafficking, as defined in s. 893.135; or
2686 (hh) Any violation specified as a predicate offense for
2687 registration as a sexual predator pursuant to s. 775.21, or
2688 sexual offender pursuant to s. 943.0435, without regard to
2689 whether that offense alone is sufficient to require such
2690 registration.
2691 Section 73. For the purpose of incorporating the amendment
2692 made by this act to section 943.0435, Florida Statutes, in a
2693 reference thereto, paragraph (a) of subsection (2) of section
2694 943.0595, Florida Statutes, is reenacted to read:
2695 943.0595 Automatic sealing of criminal history records;
2696 confidentiality of related court records.—
2697 (2) ELIGIBILITY.—
2698 (a) The department shall automatically seal a criminal
2699 history record that does not result from an indictment,
2700 information, or other charging document for a forcible felony as
2701 defined in s. 776.08 or for an offense enumerated in s.
2702 943.0435(1)(h)1.a.(I), if:
2703 1. An indictment, information, or other charging document
2704 was not filed or issued in the case giving rise to the criminal
2705 history record.
2706 2. An indictment, information, or other charging document
2707 was filed in the case giving rise to the criminal history
2708 record, but was dismissed or nolle prosequi by the state
2709 attorney or statewide prosecutor or was dismissed by a court of
2710 competent jurisdiction as to all counts. However, a person is
2711 not eligible for automatic sealing under this section if the
2712 dismissal was pursuant to s. 916.145 or s. 985.19.
2713 3. A not guilty verdict was rendered by a judge or jury as
2714 to all counts. However, a person is not eligible for automatic
2715 sealing under this section if the defendant was found not guilty
2716 by reason of insanity.
2717 4. A judgment of acquittal was rendered by a judge as to
2718 all counts.
2719 Section 74. For the purpose of incorporating the amendment
2720 made by this act to section 943.0435, Florida Statutes, in a
2721 reference thereto, subsection (12) of section 947.1405, Florida
2722 Statutes, is reenacted to read:
2723 947.1405 Conditional release program.—
2724 (12) In addition to all other conditions imposed, for a
2725 releasee who is subject to conditional release for a crime that
2726 was committed on or after May 26, 2010, and who has been
2727 convicted at any time of committing, or attempting, soliciting,
2728 or conspiring to commit, any of the criminal offenses listed in
2729 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
2730 jurisdiction against a victim who was under 18 years of age at
2731 the time of the offense, if the releasee has not received a
2732 pardon for any felony or similar law of another jurisdiction
2733 necessary for the operation of this subsection, if a conviction
2734 of a felony or similar law of another jurisdiction necessary for
2735 the operation of this subsection has not been set aside in any
2736 postconviction proceeding, or if the releasee has not been
2737 removed from the requirement to register as a sexual offender or
2738 sexual predator pursuant to s. 943.04354, the commission must
2739 impose the following conditions:
2740 (a) A prohibition on visiting schools, child care
2741 facilities, parks, and playgrounds without prior approval from
2742 the releasee’s supervising officer. The commission may also
2743 designate additional prohibited locations to protect a victim.
2744 The prohibition ordered under this paragraph does not prohibit
2745 the releasee from visiting a school, child care facility, park,
2746 or playground for the sole purpose of attending a religious
2747 service as defined in s. 775.0861 or picking up or dropping off
2748 the releasee’s child or grandchild at a child care facility or
2749 school.
2750 (b) A prohibition on distributing candy or other items to
2751 children on Halloween; wearing a Santa Claus costume, or other
2752 costume to appeal to children, on or preceding Christmas;
2753 wearing an Easter Bunny costume, or other costume to appeal to
2754 children, on or preceding Easter; entertaining at children’s
2755 parties; or wearing a clown costume without prior approval from
2756 the commission.
2757 Section 75. For the purpose of incorporating the amendment
2758 made by this act to section 943.0435, Florida Statutes, in a
2759 reference thereto, paragraph (b) of subsection (2) of section
2760 948.013, Florida Statutes, is reenacted to read:
2761 948.013 Administrative probation.—
2762 (2)
2763 (b) Effective for an offense committed on or after October
2764 1, 2017, a person is ineligible for placement on administrative
2765 probation if the person is sentenced to or is serving a term of
2766 probation or community control, regardless of the conviction or
2767 adjudication, for committing, or attempting, conspiring, or
2768 soliciting to commit, any of the felony offenses described in s.
2769 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
2770 Section 76. For the purpose of incorporating the amendment
2771 made by this act to section 943.0435, Florida Statutes, in a
2772 reference thereto, paragraph (f) of subsection (2) of section
2773 948.05, Florida Statutes, is reenacted to read:
2774 948.05 Court to admonish or commend probationer or offender
2775 in community control; graduated incentives.—
2776 (2) The department shall implement a system of graduated
2777 incentives to promote compliance with the terms of supervision,
2778 encourage educational achievement and stable employment, and
2779 prioritize the highest levels of supervision for probationers or
2780 offenders presenting the greatest risk of recidivism.
2781 (f) A probationer or offender in community control who is
2782 placed under supervision for committing or attempting,
2783 soliciting, or conspiring to commit a violation of any felony
2784 offense described in s. 775.21(4)(a)1.a. or b. or s.
2785 943.0435(1)(h)1.a., or who qualifies as a violent felony
2786 offender of special concern under s. 948.06(8)(b) is not
2787 eligible for any reduction of his or her term of supervision
2788 under this section.
2789 Section 77. For the purpose of incorporating the amendment
2790 made by this act to section 943.0435, Florida Statutes, in a
2791 reference thereto, subsection (4) of section 948.06, Florida
2792 Statutes, is reenacted to read:
2793 948.06 Violation of probation or community control;
2794 revocation; modification; continuance; failure to pay
2795 restitution or cost of supervision.—
2796 (4) Notwithstanding any other provision of this section, a
2797 felony probationer or an offender in community control who is
2798 arrested for violating his or her probation or community control
2799 in a material respect may be taken before the court in the
2800 county or circuit in which the probationer or offender was
2801 arrested. That court shall advise him or her of the charge of a
2802 violation and, if such charge is admitted, shall cause him or
2803 her to be brought before the court that granted the probation or
2804 community control. If the violation is not admitted by the
2805 probationer or offender, the court may commit him or her or
2806 release him or her with or without bail to await further
2807 hearing. However, if the probationer or offender is under
2808 supervision for any criminal offense proscribed in chapter 794,
2809 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
2810 registered sexual predator or a registered sexual offender, or
2811 is under supervision for a criminal offense for which he or she
2812 would meet the registration criteria in s. 775.21, s. 943.0435,
2813 or s. 944.607 but for the effective date of those sections, the
2814 court must make a finding that the probationer or offender is
2815 not a danger to the public prior to release with or without
2816 bail. In determining the danger posed by the offender’s or
2817 probationer’s release, the court may consider the nature and
2818 circumstances of the violation and any new offenses charged; the
2819 offender’s or probationer’s past and present conduct, including
2820 convictions of crimes; any record of arrests without conviction
2821 for crimes involving violence or sexual crimes; any other
2822 evidence of allegations of unlawful sexual conduct or the use of
2823 violence by the offender or probationer; the offender’s or
2824 probationer’s family ties, length of residence in the community,
2825 employment history, and mental condition; his or her history and
2826 conduct during the probation or community control supervision
2827 from which the violation arises and any other previous
2828 supervisions, including disciplinary records of previous
2829 incarcerations; the likelihood that the offender or probationer
2830 will engage again in a criminal course of conduct; the weight of
2831 the evidence against the offender or probationer; and any other
2832 facts the court considers relevant. The court, as soon as is
2833 practicable, shall give the probationer or offender an
2834 opportunity to be fully heard on his or her behalf in person or
2835 by counsel. After the hearing, the court shall make findings of
2836 fact and forward the findings to the court that granted the
2837 probation or community control and to the probationer or
2838 offender or his or her attorney. The findings of fact by the
2839 hearing court are binding on the court that granted the
2840 probation or community control. Upon the probationer or offender
2841 being brought before it, the court that granted the probation or
2842 community control may revoke, modify, or continue the probation
2843 or community control or may place the probationer into community
2844 control as provided in this section. However, the probationer or
2845 offender shall not be released and shall not be admitted to
2846 bail, but shall be brought before the court that granted the
2847 probation or community control if any violation of felony
2848 probation or community control other than a failure to pay costs
2849 or fines or make restitution payments is alleged to have been
2850 committed by:
2851 (a) A violent felony offender of special concern, as
2852 defined in this section;
2853 (b) A person who is on felony probation or community
2854 control for any offense committed on or after the effective date
2855 of this act and who is arrested for a qualifying offense as
2856 defined in this section; or
2857 (c) A person who is on felony probation or community
2858 control and has previously been found by a court to be a
2859 habitual violent felony offender as defined in s. 775.084(1)(b),
2860 a three-time violent felony offender as defined in s.
2861 775.084(1)(c), or a sexual predator under s. 775.21, and who is
2862 arrested for committing a qualifying offense as defined in this
2863 section on or after the effective date of this act.
2864 Section 78. For the purpose of incorporating the amendment
2865 made by this act to section 943.0435, Florida Statutes, in a
2866 reference thereto, section 948.063, Florida Statutes, is
2867 reenacted to read:
2868 948.063 Violations of probation or community control by
2869 designated sexual offenders and sexual predators.—
2870 (1) If probation or community control for any felony
2871 offense is revoked by the court pursuant to s. 948.06(2)(e) and
2872 the offender is designated as a sexual offender pursuant to s.
2873 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
2874 775.21 for unlawful sexual activity involving a victim 15 years
2875 of age or younger and the offender is 18 years of age or older,
2876 and if the court imposes a subsequent term of supervision
2877 following the revocation of probation or community control, the
2878 court must order electronic monitoring as a condition of the
2879 subsequent term of probation or community control.
2880 (2) If the probationer or offender is required to register
2881 as a sexual predator under s. 775.21 or as a sexual offender
2882 under s. 943.0435 or s. 944.607 for unlawful sexual activity
2883 involving a victim 15 years of age or younger and the
2884 probationer or offender is 18 years of age or older and has
2885 violated the conditions of his or her probation or community
2886 control, but the court does not revoke the probation or
2887 community control, the court shall nevertheless modify the
2888 probation or community control to include electronic monitoring
2889 for any probationer or offender not then subject to electronic
2890 monitoring.
2891 Section 79. For the purpose of incorporating the amendment
2892 made by this act to section 943.0435, Florida Statutes, in a
2893 reference thereto, subsection (4) of section 948.30, Florida
2894 Statutes, is reenacted to read:
2895 948.30 Additional terms and conditions of probation or
2896 community control for certain sex offenses.—Conditions imposed
2897 pursuant to this section do not require oral pronouncement at
2898 the time of sentencing and shall be considered standard
2899 conditions of probation or community control for offenders
2900 specified in this section.
2901 (4) In addition to all other conditions imposed, for a
2902 probationer or community controllee who is subject to
2903 supervision for a crime that was committed on or after May 26,
2904 2010, and who has been convicted at any time of committing, or
2905 attempting, soliciting, or conspiring to commit, any of the
2906 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
2907 similar offense in another jurisdiction, against a victim who
2908 was under the age of 18 at the time of the offense; if the
2909 offender has not received a pardon for any felony or similar law
2910 of another jurisdiction necessary for the operation of this
2911 subsection, if a conviction of a felony or similar law of
2912 another jurisdiction necessary for the operation of this
2913 subsection has not been set aside in any postconviction
2914 proceeding, or if the offender has not been removed from the
2915 requirement to register as a sexual offender or sexual predator
2916 pursuant to s. 943.04354, the court must impose the following
2917 conditions:
2918 (a) A prohibition on visiting schools, child care
2919 facilities, parks, and playgrounds, without prior approval from
2920 the offender’s supervising officer. The court may also designate
2921 additional locations to protect a victim. The prohibition
2922 ordered under this paragraph does not prohibit the offender from
2923 visiting a school, child care facility, park, or playground for
2924 the sole purpose of attending a religious service as defined in
2925 s. 775.0861 or picking up or dropping off the offender’s
2926 children or grandchildren at a child care facility or school.
2927 (b) A prohibition on distributing candy or other items to
2928 children on Halloween; wearing a Santa Claus costume, or other
2929 costume to appeal to children, on or preceding Christmas;
2930 wearing an Easter Bunny costume, or other costume to appeal to
2931 children, on or preceding Easter; entertaining at children’s
2932 parties; or wearing a clown costume; without prior approval from
2933 the court.
2934 Section 80. For the purpose of incorporating the amendment
2935 made by this act to section 943.0435, Florida Statutes, in a
2936 reference thereto, section 948.31, Florida Statutes, is
2937 reenacted to read:
2938 948.31 Evaluation and treatment of sexual predators and
2939 offenders on probation or community control.—The court may
2940 require any probationer or community controllee who is required
2941 to register as a sexual predator under s. 775.21 or sexual
2942 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
2943 an evaluation, at the probationer or community controllee’s
2944 expense, by a qualified practitioner to determine whether such
2945 probationer or community controllee needs sexual offender
2946 treatment. If the qualified practitioner determines that sexual
2947 offender treatment is needed and recommends treatment, the
2948 probationer or community controllee must successfully complete
2949 and pay for the treatment. Such treatment must be obtained from
2950 a qualified practitioner as defined in s. 948.001. Treatment may
2951 not be administered by a qualified practitioner who has been
2952 convicted or adjudicated delinquent of committing, or
2953 attempting, soliciting, or conspiring to commit, any offense
2954 that is listed in s. 943.0435(1)(h)1.a.(I).
2955 Section 81. For the purpose of incorporating the amendment
2956 made by this act to section 943.0435, Florida Statutes, in a
2957 reference thereto, paragraph (b) of subsection (6) of section
2958 985.04, Florida Statutes, is reenacted to read:
2959 985.04 Oaths; records; confidential information.—
2960 (6)
2961 (b) Sexual offender and predator registration information
2962 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
2963 and 985.4815 is a public record pursuant to s. 119.07(1) and as
2964 otherwise provided by law.
2965 Section 82. For the purpose of incorporating the amendment
2966 made by this act to section 943.0435, Florida Statutes, in a
2967 reference thereto, paragraph (b) of subsection (2) of section
2968 1012.467, Florida Statutes, is reenacted to read:
2969 1012.467 Noninstructional contractors who are permitted
2970 access to school grounds when students are present; background
2971 screening requirements.—
2972 (2)
2973 (b) A noninstructional contractor for whom a criminal
2974 history check is required under this section may not have been
2975 convicted of any of the following offenses designated in the
2976 Florida Statutes, any similar offense in another jurisdiction,
2977 or any similar offense committed in this state which has been
2978 redesignated from a former provision of the Florida Statutes to
2979 one of the following offenses:
2980 1. Any offense listed in s. 943.0435(1)(h)1., relating to
2981 the registration of an individual as a sexual offender.
2982 2. Section 393.135, relating to sexual misconduct with
2983 certain developmentally disabled clients and the reporting of
2984 such sexual misconduct.
2985 3. Section 394.4593, relating to sexual misconduct with
2986 certain mental health patients and the reporting of such sexual
2987 misconduct.
2988 4. Section 775.30, relating to terrorism.
2989 5. Section 782.04, relating to murder.
2990 6. Section 787.01, relating to kidnapping.
2991 7. Any offense under chapter 800, relating to lewdness and
2992 indecent exposure.
2993 8. Section 826.04, relating to incest.
2994 9. Section 827.03, relating to child abuse, aggravated
2995 child abuse, or neglect of a child.
2996 Section 83. For the purpose of incorporating the amendment
2997 made by this act to section 944.606, Florida Statutes, in a
2998 reference thereto, subsection (2) of section 775.24, Florida
2999 Statutes, is reenacted to read:
3000 775.24 Duty of the court to uphold laws governing sexual
3001 predators and sexual offenders.—
3002 (2) If a person meets the criteria in this chapter for
3003 designation as a sexual predator or meets the criteria in s.
3004 943.0435, s. 944.606, s. 944.607, or any other law for
3005 classification as a sexual offender, the court may not enter an
3006 order, for the purpose of approving a plea agreement or for any
3007 other reason, which:
3008 (a) Exempts a person who meets the criteria for designation
3009 as a sexual predator or classification as a sexual offender from
3010 such designation or classification, or exempts such person from
3011 the requirements for registration or community and public
3012 notification imposed upon sexual predators and sexual offenders;
3013 (b) Restricts the compiling, reporting, or release of
3014 public records information that relates to sexual predators or
3015 sexual offenders; or
3016 (c) Prevents any person or entity from performing its
3017 duties or operating within its statutorily conferred authority
3018 as such duty or authority relates to sexual predators or sexual
3019 offenders.
3020 Section 84. For the purpose of incorporating the amendment
3021 made by this act to section 944.606, Florida Statutes, in a
3022 reference thereto, section 775.25, Florida Statutes, is
3023 reenacted to read:
3024 775.25 Prosecutions for acts or omissions.—A sexual
3025 predator or sexual offender who commits any act or omission in
3026 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
3027 944.607, or former s. 947.177 may be prosecuted for the act or
3028 omission in the county in which the act or omission was
3029 committed, in the county of the last registered address of the
3030 sexual predator or sexual offender, in the county in which the
3031 conviction occurred for the offense or offenses that meet the
3032 criteria for designating a person as a sexual predator or sexual
3033 offender, in the county where the sexual predator or sexual
3034 offender was released from incarceration, or in the county of
3035 the intended address of the sexual predator or sexual offender
3036 as reported by the predator or offender prior to his or her
3037 release from incarceration. In addition, a sexual predator may
3038 be prosecuted for any such act or omission in the county in
3039 which he or she was designated a sexual predator.
3040 Section 85. For the purpose of incorporating the amendment
3041 made by this act to section 944.606, Florida Statutes, in a
3042 reference thereto, subsection (2) of section 943.0436, Florida
3043 Statutes, is reenacted to read:
3044 943.0436 Duty of the court to uphold laws governing sexual
3045 predators and sexual offenders.—
3046 (2) If a person meets the criteria in chapter 775 for
3047 designation as a sexual predator or meets the criteria in s.
3048 943.0435, s. 944.606, s. 944.607, or any other law for
3049 classification as a sexual offender, the court may not enter an
3050 order, for the purpose of approving a plea agreement or for any
3051 other reason, which:
3052 (a) Exempts a person who meets the criteria for designation
3053 as a sexual predator or classification as a sexual offender from
3054 such designation or classification, or exempts such person from
3055 the requirements for registration or community and public
3056 notification imposed upon sexual predators and sexual offenders;
3057 (b) Restricts the compiling, reporting, or release of
3058 public records information that relates to sexual predators or
3059 sexual offenders; or
3060 (c) Prevents any person or entity from performing its
3061 duties or operating within its statutorily conferred authority
3062 as such duty or authority relates to sexual predators or sexual
3063 offenders.
3064 Section 86. For the purpose of incorporating the amendment
3065 made by this act to section 944.606, Florida Statutes, in a
3066 reference thereto, section 948.31, Florida Statutes, is
3067 reenacted to read:
3068 948.31 Evaluation and treatment of sexual predators and
3069 offenders on probation or community control.—The court may
3070 require any probationer or community controllee who is required
3071 to register as a sexual predator under s. 775.21 or sexual
3072 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
3073 an evaluation, at the probationer or community controllee’s
3074 expense, by a qualified practitioner to determine whether such
3075 probationer or community controllee needs sexual offender
3076 treatment. If the qualified practitioner determines that sexual
3077 offender treatment is needed and recommends treatment, the
3078 probationer or community controllee must successfully complete
3079 and pay for the treatment. Such treatment must be obtained from
3080 a qualified practitioner as defined in s. 948.001. Treatment may
3081 not be administered by a qualified practitioner who has been
3082 convicted or adjudicated delinquent of committing, or
3083 attempting, soliciting, or conspiring to commit, any offense
3084 that is listed in s. 943.0435(1)(h)1.a.(I).
3085 Section 87. For the purpose of incorporating the amendment
3086 made by this act to section 944.606, Florida Statutes, in a
3087 reference thereto, paragraph (b) of subsection (6) of section
3088 985.04, Florida Statutes, is reenacted to read:
3089 985.04 Oaths; records; confidential information.—
3090 (6)
3091 (b) Sexual offender and predator registration information
3092 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
3093 and 985.4815 is a public record pursuant to s. 119.07(1) and as
3094 otherwise provided by law.
3095 Section 88. For the purpose of incorporating the amendment
3096 made by this act to section 944.607, Florida Statutes, in a
3097 reference thereto, subsection (3) of section 322.141, Florida
3098 Statutes, is reenacted to read:
3099 322.141 Color or markings of certain licenses or
3100 identification cards.—
3101 (3) All licenses for the operation of motor vehicles or
3102 identification cards originally issued or reissued by the
3103 department to persons who are designated as sexual predators
3104 under s. 775.21 or subject to registration as sexual offenders
3105 under s. 943.0435 or s. 944.607, or who have a similar
3106 designation or are subject to a similar registration under the
3107 laws of another jurisdiction, shall have on the front of the
3108 license or identification card the following:
3109 (a) For a person designated as a sexual predator under s.
3110 775.21 or who has a similar designation under the laws of
3111 another jurisdiction, the marking “SEXUAL PREDATOR.”
3112 (b) For a person subject to registration as a sexual
3113 offender under s. 943.0435 or s. 944.607, or subject to a
3114 similar registration under the laws of another jurisdiction, the
3115 marking “943.0435, F.S.”
3116 Section 89. For the purpose of incorporating the amendment
3117 made by this act to section 944.607, Florida Statutes, in a
3118 reference thereto, subsection (4) of section 775.13, Florida
3119 Statutes, is reenacted to read:
3120 775.13 Registration of convicted felons, exemptions;
3121 penalties.—
3122 (4) This section does not apply to an offender:
3123 (a) Who has had his or her civil rights restored;
3124 (b) Who has received a full pardon for the offense for
3125 which convicted;
3126 (c) Who has been lawfully released from incarceration or
3127 other sentence or supervision for a felony conviction for more
3128 than 5 years prior to such time for registration, unless the
3129 offender is a fugitive from justice on a felony charge or has
3130 been convicted of any offense since release from such
3131 incarceration or other sentence or supervision;
3132 (d) Who is a parolee or probationer under the supervision
3133 of the United States Parole Commission if the commission knows
3134 of and consents to the presence of the offender in Florida or is
3135 a probationer under the supervision of any federal probation
3136 officer in the state or who has been lawfully discharged from
3137 such parole or probation;
3138 (e) Who is a sexual predator and has registered as required
3139 under s. 775.21;
3140 (f) Who is a sexual offender and has registered as required
3141 in s. 943.0435 or s. 944.607; or
3142 (g) Who is a career offender who has registered as required
3143 in s. 775.261 or s. 944.609.
3144 Section 90. For the purpose of incorporating the amendment
3145 made by this act to section 944.607, Florida Statutes, in a
3146 reference thereto, subsection (2) of section 775.24, Florida
3147 Statutes, is reenacted to read:
3148 775.24 Duty of the court to uphold laws governing sexual
3149 predators and sexual offenders.—
3150 (2) If a person meets the criteria in this chapter for
3151 designation as a sexual predator or meets the criteria in s.
3152 943.0435, s. 944.606, s. 944.607, or any other law for
3153 classification as a sexual offender, the court may not enter an
3154 order, for the purpose of approving a plea agreement or for any
3155 other reason, which:
3156 (a) Exempts a person who meets the criteria for designation
3157 as a sexual predator or classification as a sexual offender from
3158 such designation or classification, or exempts such person from
3159 the requirements for registration or community and public
3160 notification imposed upon sexual predators and sexual offenders;
3161 (b) Restricts the compiling, reporting, or release of
3162 public records information that relates to sexual predators or
3163 sexual offenders; or
3164 (c) Prevents any person or entity from performing its
3165 duties or operating within its statutorily conferred authority
3166 as such duty or authority relates to sexual predators or sexual
3167 offenders.
3168 Section 91. For the purpose of incorporating the amendment
3169 made by this act to section 944.607, Florida Statutes, in a
3170 reference thereto, section 775.25, Florida Statutes, is
3171 reenacted to read:
3172 775.25 Prosecutions for acts or omissions.—A sexual
3173 predator or sexual offender who commits any act or omission in
3174 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
3175 944.607, or former s. 947.177 may be prosecuted for the act or
3176 omission in the county in which the act or omission was
3177 committed, in the county of the last registered address of the
3178 sexual predator or sexual offender, in the county in which the
3179 conviction occurred for the offense or offenses that meet the
3180 criteria for designating a person as a sexual predator or sexual
3181 offender, in the county where the sexual predator or sexual
3182 offender was released from incarceration, or in the county of
3183 the intended address of the sexual predator or sexual offender
3184 as reported by the predator or offender prior to his or her
3185 release from incarceration. In addition, a sexual predator may
3186 be prosecuted for any such act or omission in the county in
3187 which he or she was designated a sexual predator.
3188 Section 92. For the purpose of incorporating the amendment
3189 made by this act to section 944.607, Florida Statutes, in a
3190 reference thereto, subsection (2) of section 943.0436, Florida
3191 Statutes, is reenacted to read:
3192 943.0436 Duty of the court to uphold laws governing sexual
3193 predators and sexual offenders.—
3194 (2) If a person meets the criteria in chapter 775 for
3195 designation as a sexual predator or meets the criteria in s.
3196 943.0435, s. 944.606, s. 944.607, or any other law for
3197 classification as a sexual offender, the court may not enter an
3198 order, for the purpose of approving a plea agreement or for any
3199 other reason, which:
3200 (a) Exempts a person who meets the criteria for designation
3201 as a sexual predator or classification as a sexual offender from
3202 such designation or classification, or exempts such person from
3203 the requirements for registration or community and public
3204 notification imposed upon sexual predators and sexual offenders;
3205 (b) Restricts the compiling, reporting, or release of
3206 public records information that relates to sexual predators or
3207 sexual offenders; or
3208 (c) Prevents any person or entity from performing its
3209 duties or operating within its statutorily conferred authority
3210 as such duty or authority relates to sexual predators or sexual
3211 offenders.
3212 Section 93. For the purpose of incorporating the amendment
3213 made by this act to section 944.607, Florida Statutes, in a
3214 reference thereto, subsection (4) of section 948.06, Florida
3215 Statutes, is reenacted to read:
3216 948.06 Violation of probation or community control;
3217 revocation; modification; continuance; failure to pay
3218 restitution or cost of supervision.—
3219 (4) Notwithstanding any other provision of this section, a
3220 felony probationer or an offender in community control who is
3221 arrested for violating his or her probation or community control
3222 in a material respect may be taken before the court in the
3223 county or circuit in which the probationer or offender was
3224 arrested. That court shall advise him or her of the charge of a
3225 violation and, if such charge is admitted, shall cause him or
3226 her to be brought before the court that granted the probation or
3227 community control. If the violation is not admitted by the
3228 probationer or offender, the court may commit him or her or
3229 release him or her with or without bail to await further
3230 hearing. However, if the probationer or offender is under
3231 supervision for any criminal offense proscribed in chapter 794,
3232 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
3233 registered sexual predator or a registered sexual offender, or
3234 is under supervision for a criminal offense for which he or she
3235 would meet the registration criteria in s. 775.21, s. 943.0435,
3236 or s. 944.607 but for the effective date of those sections, the
3237 court must make a finding that the probationer or offender is
3238 not a danger to the public prior to release with or without
3239 bail. In determining the danger posed by the offender’s or
3240 probationer’s release, the court may consider the nature and
3241 circumstances of the violation and any new offenses charged; the
3242 offender’s or probationer’s past and present conduct, including
3243 convictions of crimes; any record of arrests without conviction
3244 for crimes involving violence or sexual crimes; any other
3245 evidence of allegations of unlawful sexual conduct or the use of
3246 violence by the offender or probationer; the offender’s or
3247 probationer’s family ties, length of residence in the community,
3248 employment history, and mental condition; his or her history and
3249 conduct during the probation or community control supervision
3250 from which the violation arises and any other previous
3251 supervisions, including disciplinary records of previous
3252 incarcerations; the likelihood that the offender or probationer
3253 will engage again in a criminal course of conduct; the weight of
3254 the evidence against the offender or probationer; and any other
3255 facts the court considers relevant. The court, as soon as is
3256 practicable, shall give the probationer or offender an
3257 opportunity to be fully heard on his or her behalf in person or
3258 by counsel. After the hearing, the court shall make findings of
3259 fact and forward the findings to the court that granted the
3260 probation or community control and to the probationer or
3261 offender or his or her attorney. The findings of fact by the
3262 hearing court are binding on the court that granted the
3263 probation or community control. Upon the probationer or offender
3264 being brought before it, the court that granted the probation or
3265 community control may revoke, modify, or continue the probation
3266 or community control or may place the probationer into community
3267 control as provided in this section. However, the probationer or
3268 offender shall not be released and shall not be admitted to
3269 bail, but shall be brought before the court that granted the
3270 probation or community control if any violation of felony
3271 probation or community control other than a failure to pay costs
3272 or fines or make restitution payments is alleged to have been
3273 committed by:
3274 (a) A violent felony offender of special concern, as
3275 defined in this section;
3276 (b) A person who is on felony probation or community
3277 control for any offense committed on or after the effective date
3278 of this act and who is arrested for a qualifying offense as
3279 defined in this section; or
3280 (c) A person who is on felony probation or community
3281 control and has previously been found by a court to be a
3282 habitual violent felony offender as defined in s. 775.084(1)(b),
3283 a three-time violent felony offender as defined in s.
3284 775.084(1)(c), or a sexual predator under s. 775.21, and who is
3285 arrested for committing a qualifying offense as defined in this
3286 section on or after the effective date of this act.
3287 Section 94. For the purpose of incorporating the amendment
3288 made by this act to section 944.607, Florida Statutes, in a
3289 reference thereto, section 948.063, Florida Statutes, is
3290 reenacted to read:
3291 948.063 Violations of probation or community control by
3292 designated sexual offenders and sexual predators.—
3293 (1) If probation or community control for any felony
3294 offense is revoked by the court pursuant to s. 948.06(2)(e) and
3295 the offender is designated as a sexual offender pursuant to s.
3296 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
3297 775.21 for unlawful sexual activity involving a victim 15 years
3298 of age or younger and the offender is 18 years of age or older,
3299 and if the court imposes a subsequent term of supervision
3300 following the revocation of probation or community control, the
3301 court must order electronic monitoring as a condition of the
3302 subsequent term of probation or community control.
3303 (2) If the probationer or offender is required to register
3304 as a sexual predator under s. 775.21 or as a sexual offender
3305 under s. 943.0435 or s. 944.607 for unlawful sexual activity
3306 involving a victim 15 years of age or younger and the
3307 probationer or offender is 18 years of age or older and has
3308 violated the conditions of his or her probation or community
3309 control, but the court does not revoke the probation or
3310 community control, the court shall nevertheless modify the
3311 probation or community control to include electronic monitoring
3312 for any probationer or offender not then subject to electronic
3313 monitoring.
3314 Section 95. For the purpose of incorporating the amendment
3315 made by this act to section 944.607, Florida Statutes, in a
3316 reference thereto, section 948.31, Florida Statutes, is
3317 reenacted to read:
3318 948.31 Evaluation and treatment of sexual predators and
3319 offenders on probation or community control.—The court may
3320 require any probationer or community controllee who is required
3321 to register as a sexual predator under s. 775.21 or sexual
3322 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
3323 an evaluation, at the probationer or community controllee’s
3324 expense, by a qualified practitioner to determine whether such
3325 probationer or community controllee needs sexual offender
3326 treatment. If the qualified practitioner determines that sexual
3327 offender treatment is needed and recommends treatment, the
3328 probationer or community controllee must successfully complete
3329 and pay for the treatment. Such treatment must be obtained from
3330 a qualified practitioner as defined in s. 948.001. Treatment may
3331 not be administered by a qualified practitioner who has been
3332 convicted or adjudicated delinquent of committing, or
3333 attempting, soliciting, or conspiring to commit, any offense
3334 that is listed in s. 943.0435(1)(h)1.a.(I).
3335 Section 96. For the purpose of incorporating the amendment
3336 made by this act to section 944.607, Florida Statutes, in a
3337 reference thereto, paragraph (b) of subsection (6) of section
3338 985.04, Florida Statutes, is reenacted to read:
3339 985.04 Oaths; records; confidential information.—
3340 (6)
3341 (b) Sexual offender and predator registration information
3342 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
3343 and 985.4815 is a public record pursuant to s. 119.07(1) and as
3344 otherwise provided by law.
3345 Section 97. This act shall take effect October 1, 2025.