Florida Senate - 2024                                     SB 312
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00413-24                                            2024312__
    1                        A bill to be entitled                      
    2         An act relating to offenses involving children;
    3         amending s. 90.803, F.S.; increasing the maximum age
    4         of a child victim of specified acts whose out-of-court
    5         statements may be admissible in certain circumstances;
    6         amending s. 775.21, F.S.; providing that a first
    7         offense of specified sex trafficking offenses
    8         involving minors requires designation of the defendant
    9         as a sexual predator; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (23) of section
   14  90.803, Florida Statutes, is amended to read:
   15         90.803 Hearsay exceptions; availability of declarant
   16  immaterial.—The provision of s. 90.802 to the contrary
   17  notwithstanding, the following are not inadmissible as evidence,
   18  even though the declarant is available as a witness:
   19         (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—
   20         (a) Unless the source of information or the method or
   21  circumstances by which the statement is reported indicates a
   22  lack of trustworthiness, an out-of-court statement made by a
   23  child victim with a physical, mental, emotional, or
   24  developmental age of 17 16 or less describing any act of child
   25  abuse or neglect, any act of sexual abuse against a child, the
   26  offense of child abuse, the offense of aggravated child abuse,
   27  or any offense involving an unlawful sexual act, contact,
   28  intrusion, or penetration performed in the presence of, with,
   29  by, or on the declarant child, not otherwise admissible, is
   30  admissible in evidence in any civil or criminal proceeding if:
   31         1. The court finds in a hearing conducted outside the
   32  presence of the jury that the time, content, and circumstances
   33  of the statement provide sufficient safeguards of reliability.
   34  In making its determination, the court may consider the mental
   35  and physical age and maturity of the child, the nature and
   36  duration of the abuse or offense, the relationship of the child
   37  to the offender, the reliability of the assertion, the
   38  reliability of the child victim, and any other factor deemed
   39  appropriate; and
   40         2. The child either:
   41         a. Testifies; or
   42         b. Is unavailable as a witness, provided that there is
   43  other corroborative evidence of the abuse or offense.
   44  Unavailability shall include a finding by the court that the
   45  child’s participation in the trial or proceeding would result in
   46  a substantial likelihood of severe emotional or mental harm, in
   47  addition to findings pursuant to s. 90.804(1).
   48         Section 2. Paragraph (a) of subsection (4) of section
   49  775.21, Florida Statutes, is amended to read:
   50         775.21 The Florida Sexual Predators Act.—
   51         (4) SEXUAL PREDATOR CRITERIA.—
   52         (a) For a current offense committed on or after October 1,
   53  1993, upon conviction, an offender shall be designated as a
   54  “sexual predator” under subsection (5), and subject to
   55  registration under subsection (6) and community and public
   56  notification under subsection (7) if:
   57         1. The felony is:
   58         a. A capital, life, or first degree felony violation, or
   59  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
   60  is a minor; s. 787.06(3)(f) or (g);, or s. 794.011, s. 800.04,
   61  or s. 847.0145;, or a violation of a similar law of another
   62  jurisdiction; or
   63         b. Any felony violation, or any attempt thereof, of s.
   64  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   65  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b) or,
   66  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
   67  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
   68  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
   69  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
   70  the court makes a written finding that the racketeering activity
   71  involved at least one sexual offense listed in this sub
   72  subparagraph or at least one offense listed in this sub
   73  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
   74  985.701(1); or a violation of a similar law of another
   75  jurisdiction, and the offender has previously been convicted of
   76  or found to have committed, or has pled nolo contendere or
   77  guilty to, regardless of adjudication, any violation of s.
   78  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   79  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b) or,
   80  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
   81  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
   82  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   83  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
   84  makes a written finding that the racketeering activity involved
   85  at least one sexual offense listed in this sub-subparagraph or
   86  at least one offense listed in this sub-subparagraph with sexual
   87  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
   88  violation of a similar law of another jurisdiction;
   89         2. The offender has not received a pardon for any felony or
   90  similar law of another jurisdiction that is necessary for the
   91  operation of this paragraph; and
   92         3. A conviction of a felony or similar law of another
   93  jurisdiction necessary to the operation of this paragraph has
   94  not been set aside in any postconviction proceeding.
   95         Section 3. This act shall take effect July 1, 2024.