Florida Senate - 2024                       CS for CS for SB 312
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senators Collins and Hooper
       
       
       
       
       590-02625-24                                           2024312c2
    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; reenacting ss. 16.713(1)(c),
   10         39.0139(3)(a), 39.509(6)(b), 39.806(1)(d) and (n),
   11         61.13(9)(c), 63.089(4)(b), 63.092(3), 68.07(3)(i) and
   12         (6), 92.55(1)(b), 320.02(4), 322.141(3), 322.19(1) and
   13         (2), 397.487(10)(b), 455.213(3)(b), 489.553(7), and
   14         507.07(9), F.S., relating to the Florida Gaming
   15         Control Commission’s appointment and employment
   16         restrictions, child visitation or other contact,
   17         grandparents’ rights, grounds for termination of
   18         parental rights, support of children, proceedings to
   19         terminate parental rights pending adoption, report to
   20         the court of intended placement by an adoption entity,
   21         change of name, special protections in proceedings
   22         involving a victim or witness under 18, a person with
   23         intellectual disability, or a sexual offense victim,
   24         change of address on motor vehicle registration
   25         required, color or markings of certain licenses or
   26         identification cards, change of address or name on
   27         driver license or identification card, voluntary
   28         certification of recovery residences, general
   29         licensing provisions, administration of part III of
   30         ch. 489, F.S., and violations of ch. 507, F.S.,
   31         respectively, to incorporate the amendments made to s.
   32         775.21, F.S., in references thereto; providing an
   33         effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (a) of subsection (23) of section
   38  90.803, Florida Statutes, is amended to read:
   39         90.803 Hearsay exceptions; availability of declarant
   40  immaterial.—The provision of s. 90.802 to the contrary
   41  notwithstanding, the following are not inadmissible as evidence,
   42  even though the declarant is available as a witness:
   43         (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—
   44         (a) Unless the source of information or the method or
   45  circumstances by which the statement is reported indicates a
   46  lack of trustworthiness, an out-of-court statement made by a
   47  child victim with a physical, mental, emotional, or
   48  developmental age of 17 16 or less describing any act of child
   49  abuse or neglect, any act of sexual abuse against a child, the
   50  offense of child abuse, the offense of aggravated child abuse,
   51  or any offense involving an unlawful sexual act, contact,
   52  intrusion, or penetration performed in the presence of, with,
   53  by, or on the declarant child, not otherwise admissible, is
   54  admissible in evidence in any civil or criminal proceeding if:
   55         1. The court finds in a hearing conducted outside the
   56  presence of the jury that the time, content, and circumstances
   57  of the statement provide sufficient safeguards of reliability.
   58  In making its determination, the court may consider the mental
   59  and physical age and maturity of the child, the nature and
   60  duration of the abuse or offense, the relationship of the child
   61  to the offender, the reliability of the assertion, the
   62  reliability of the child victim, and any other factor deemed
   63  appropriate; and
   64         2. The child either:
   65         a. Testifies; or
   66         b. Is unavailable as a witness, provided that there is
   67  other corroborative evidence of the abuse or offense.
   68  Unavailability shall include a finding by the court that the
   69  child’s participation in the trial or proceeding would result in
   70  a substantial likelihood of severe emotional or mental harm, in
   71  addition to findings pursuant to s. 90.804(1).
   72         Section 2. Paragraph (a) of subsection (4) of section
   73  775.21, Florida Statutes, is amended to read:
   74         775.21 The Florida Sexual Predators Act.—
   75         (4) SEXUAL PREDATOR CRITERIA.—
   76         (a) For a current offense committed on or after October 1,
   77  1993, upon conviction, an offender shall be designated as a
   78  “sexual predator” under subsection (5), and subject to
   79  registration under subsection (6) and community and public
   80  notification under subsection (7) if:
   81         1. The felony is:
   82         a. A capital, life, or first degree felony violation, or
   83  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
   84  is a minor; or s. 787.06(3)(f) or (g), where the victim is a
   85  minor;, or s. 794.011, s. 800.04, or s. 847.0145;, or a
   86  violation of a similar law of another jurisdiction; or
   87         b. Any felony violation, or any attempt thereof, of s.
   88  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
   89  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
   90  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
   91  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
   92  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
   93  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
   94  the court makes a written finding that the racketeering activity
   95  involved at least one sexual offense listed in this sub
   96  subparagraph or at least one offense listed in this sub
   97  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
   98  985.701(1); or a violation of a similar law of another
   99  jurisdiction, and the offender has previously been convicted of
  100  or found to have committed, or has pled nolo contendere or
  101  guilty to, regardless of adjudication, any violation of s.
  102  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  103  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  104  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  105  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  106  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  107  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  108  makes a written finding that the racketeering activity involved
  109  at least one sexual offense listed in this sub-subparagraph or
  110  at least one offense listed in this sub-subparagraph with sexual
  111  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  112  violation of a similar law of another jurisdiction;
  113         2. The offender has not received a pardon for any felony or
  114  similar law of another jurisdiction that is necessary for the
  115  operation of this paragraph; and
  116         3. A conviction of a felony or similar law of another
  117  jurisdiction necessary to the operation of this paragraph has
  118  not been set aside in any postconviction proceeding.
  119         Section 3. For the purpose of incorporating the amendment
  120  made by this act to section 775.21, Florida Statutes, in a
  121  reference thereto, paragraph (c) of subsection (1) of section
  122  16.713, Florida Statutes, is reenacted to read:
  123         16.713 Florida Gaming Control Commission; appointment and
  124  employment restrictions.—
  125         (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
  126  The following persons are ineligible for appointment to the
  127  commission:
  128         (c) A person who has been convicted of or found guilty of
  129  or pled nolo contendere to, regardless of adjudication, in any
  130  jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
  131         Section 4. For the purpose of incorporating the amendment
  132  made by this act to section 775.21, Florida Statutes, in a
  133  reference thereto, paragraph (a) of subsection (3) of section
  134  39.0139, Florida Statutes, is reenacted to read:
  135         39.0139 Visitation or other contact; restrictions.—
  136         (3) PRESUMPTION OF DETRIMENT.—
  137         (a) A rebuttable presumption of detriment to a child is
  138  created when:
  139         1. A court of competent jurisdiction has found probable
  140  cause exists that a parent or caregiver has sexually abused a
  141  child as defined in s. 39.01;
  142         2. A parent or caregiver has been found guilty of,
  143  regardless of adjudication, or has entered a plea of guilty or
  144  nolo contendere to, charges under the following statutes or
  145  substantially similar statutes of other jurisdictions:
  146         a. Section 787.04, relating to removing minors from the
  147  state or concealing minors contrary to court order;
  148         b. Section 794.011, relating to sexual battery;
  149         c. Section 798.02, relating to lewd and lascivious
  150  behavior;
  151         d. Chapter 800, relating to lewdness and indecent exposure;
  152         e. Section 826.04, relating to incest; or
  153         f. Chapter 827, relating to the abuse of children; or
  154         3. A court of competent jurisdiction has determined a
  155  parent or caregiver to be a sexual predator as defined in s.
  156  775.21 or a parent or caregiver has received a substantially
  157  similar designation under laws of another jurisdiction.
  158         Section 5. For the purpose of incorporating the amendment
  159  made by this act to section 775.21, Florida Statutes, in a
  160  reference thereto, paragraph (b) of subsection (6) of section
  161  39.509, Florida Statutes, is reenacted to read:
  162         39.509 Grandparents rights.—Notwithstanding any other
  163  provision of law, a maternal or paternal grandparent as well as
  164  a stepgrandparent is entitled to reasonable visitation with his
  165  or her grandchild who has been adjudicated a dependent child and
  166  taken from the physical custody of the parent unless the court
  167  finds that such visitation is not in the best interest of the
  168  child or that such visitation would interfere with the goals of
  169  the case plan. Reasonable visitation may be unsupervised and,
  170  where appropriate and feasible, may be frequent and continuing.
  171  Any order for visitation or other contact must conform to the
  172  provisions of s. 39.0139.
  173         (6) In determining whether grandparental visitation is not
  174  in the child’s best interest, consideration may be given to the
  175  following:
  176         (b) The designation by a court as a sexual predator as
  177  defined in s. 775.21 or a substantially similar designation
  178  under laws of another jurisdiction.
  179         Section 6. For the purpose of incorporating the amendment
  180  made by this act to section 775.21, Florida Statutes, in
  181  references thereto, paragraphs (d) and (n) of subsection (1) of
  182  section 39.806, Florida Statutes, are reenacted to read:
  183         39.806 Grounds for termination of parental rights.—
  184         (1) Grounds for the termination of parental rights may be
  185  established under any of the following circumstances:
  186         (d) When the parent of a child is incarcerated and either:
  187         1. The period of time for which the parent is expected to
  188  be incarcerated will constitute a significant portion of the
  189  child’s minority. When determining whether the period of time is
  190  significant, the court shall consider the child’s age and the
  191  child’s need for a permanent and stable home. The period of time
  192  begins on the date that the parent enters into incarceration;
  193         2. The incarcerated parent has been determined by the court
  194  to be a violent career criminal as defined in s. 775.084, a
  195  habitual violent felony offender as defined in s. 775.084, or a
  196  sexual predator as defined in s. 775.21; has been convicted of
  197  first degree or second degree murder in violation of s. 782.04
  198  or a sexual battery that constitutes a capital, life, or first
  199  degree felony violation of s. 794.011; or has been convicted of
  200  an offense in another jurisdiction which is substantially
  201  similar to one of the offenses listed in this paragraph. As used
  202  in this section, the term “substantially similar offense” means
  203  any offense that is substantially similar in elements and
  204  penalties to one of those listed in this subparagraph, and that
  205  is in violation of a law of any other jurisdiction, whether that
  206  of another state, the District of Columbia, the United States or
  207  any possession or territory thereof, or any foreign
  208  jurisdiction; or
  209         3. The court determines by clear and convincing evidence
  210  that continuing the parental relationship with the incarcerated
  211  parent would be harmful to the child and, for this reason, that
  212  termination of the parental rights of the incarcerated parent is
  213  in the best interest of the child. When determining harm, the
  214  court shall consider the following factors:
  215         a. The age of the child.
  216         b. The relationship between the child and the parent.
  217         c. The nature of the parent’s current and past provision
  218  for the child’s developmental, cognitive, psychological, and
  219  physical needs.
  220         d. The parent’s history of criminal behavior, which may
  221  include the frequency of incarceration and the unavailability of
  222  the parent to the child due to incarceration.
  223         e. Any other factor the court deems relevant.
  224         (n) The parent is convicted of an offense that requires the
  225  parent to register as a sexual predator under s. 775.21.
  226         Section 7. For the purpose of incorporating the amendment
  227  made by this act to section 775.21, Florida Statutes, in a
  228  reference thereto, paragraph (c) of subsection (9) of section
  229  61.13, Florida Statutes, is reenacted to read:
  230         61.13 Support of children; parenting and time-sharing;
  231  powers of court.—
  232         (9)
  233         (c) A court may not order visitation at a recovery
  234  residence if any resident of the recovery residence is currently
  235  required to register as a sexual predator under s. 775.21 or as
  236  a sexual offender under s. 943.0435.
  237         Section 8. For the purpose of incorporating the amendment
  238  made by this act to section 775.21, Florida Statutes, in a
  239  reference thereto, paragraph (b) of subsection (4) of section
  240  63.089, Florida Statutes, is reenacted to read:
  241         63.089 Proceeding to terminate parental rights pending
  242  adoption; hearing; grounds; dismissal of petition; judgment.—
  243         (4) FINDING OF ABANDONMENT.—A finding of abandonment
  244  resulting in a termination of parental rights must be based upon
  245  clear and convincing evidence that a parent or person having
  246  legal custody has abandoned the child in accordance with the
  247  definition contained in s. 63.032. A finding of abandonment may
  248  also be based upon emotional abuse or a refusal to provide
  249  reasonable financial support, when able, to a birth mother
  250  during her pregnancy or on whether the person alleged to have
  251  abandoned the child, while being able, failed to establish
  252  contact with the child or accept responsibility for the child’s
  253  welfare.
  254         (b) The child has been abandoned when the parent of a child
  255  is incarcerated on or after October 1, 2001, in a federal,
  256  state, or county correctional institution and:
  257         1. The period of time for which the parent has been or is
  258  expected to be incarcerated will constitute a significant
  259  portion of the child’s minority. In determining whether the
  260  period of time is significant, the court shall consider the
  261  child’s age and the child’s need for a permanent and stable
  262  home. The period of time begins on the date that the parent
  263  enters into incarceration;
  264         2. The incarcerated parent has been determined by a court
  265  of competent jurisdiction to be a violent career criminal as
  266  defined in s. 775.084, a habitual violent felony offender as
  267  defined in s. 775.084, convicted of child abuse as defined in s.
  268  827.03, or a sexual predator as defined in s. 775.21; has been
  269  convicted of first degree or second degree murder in violation
  270  of s. 782.04 or a sexual battery that constitutes a capital,
  271  life, or first degree felony violation of s. 794.011; or has
  272  been convicted of a substantially similar offense in another
  273  jurisdiction. As used in this section, the term “substantially
  274  similar offense” means any offense that is substantially similar
  275  in elements and penalties to one of those listed in this
  276  subparagraph, and that is in violation of a law of any other
  277  jurisdiction, whether that of another state, the District of
  278  Columbia, the United States or any possession or territory
  279  thereof, or any foreign jurisdiction; or
  280         3. The court determines by clear and convincing evidence
  281  that continuing the parental relationship with the incarcerated
  282  parent would be harmful to the child and, for this reason,
  283  termination of the parental rights of the incarcerated parent is
  284  in the best interests of the child.
  285         Section 9. For the purpose of incorporating the amendment
  286  made by this act to section 775.21, Florida Statutes, in a
  287  reference thereto, subsection (3) of section 63.092, Florida
  288  Statutes, is reenacted to read:
  289         63.092 Report to the court of intended placement by an
  290  adoption entity; at-risk placement; preliminary study.—
  291         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
  292  intended adoptive home, a preliminary home study must be
  293  performed by a licensed child-placing agency, a child-caring
  294  agency registered under s. 409.176, a licensed professional, or
  295  an agency described in s. 61.20(2), unless the adoptee is an
  296  adult or the petitioner is a stepparent or a relative. If the
  297  adoptee is an adult or the petitioner is a stepparent or a
  298  relative, a preliminary home study may be required by the court
  299  for good cause shown. The department is required to perform the
  300  preliminary home study only if there is no licensed child
  301  placing agency, child-caring agency registered under s. 409.176,
  302  licensed professional, or agency described in s. 61.20(2), in
  303  the county where the prospective adoptive parents reside. The
  304  preliminary home study must be made to determine the suitability
  305  of the intended adoptive parents and may be completed before
  306  identification of a prospective adoptive minor. If the
  307  identified prospective adoptive minor is in the custody of the
  308  department, a preliminary home study must be completed within 30
  309  days after it is initiated. A favorable preliminary home study
  310  is valid for 1 year after the date of its completion. Upon its
  311  completion, a signed copy of the home study must be provided to
  312  the intended adoptive parents who were the subject of the home
  313  study. A minor may not be placed in an intended adoptive home
  314  before a favorable preliminary home study is completed unless
  315  the adoptive home is also a licensed foster home under s.
  316  409.175. The preliminary home study must include, at a minimum:
  317         (a) An interview with the intended adoptive parents.
  318         (b) Records checks of the department’s central abuse
  319  registry, which the department shall provide to the entity
  320  conducting the preliminary home study, and criminal records
  321  correspondence checks under s. 39.0138 through the Department of
  322  Law Enforcement on the intended adoptive parents.
  323         (c) An assessment of the physical environment of the home.
  324         (d) A determination of the financial security of the
  325  intended adoptive parents.
  326         (e) Documentation of counseling and education of the
  327  intended adoptive parents on adoptive parenting, as determined
  328  by the entity conducting the preliminary home study. The
  329  training specified in s. 409.175(14) shall only be required for
  330  persons who adopt children from the department.
  331         (f) Documentation that information on adoption and the
  332  adoption process has been provided to the intended adoptive
  333  parents.
  334         (g) Documentation that information on support services
  335  available in the community has been provided to the intended
  336  adoptive parents.
  337         (h) A copy of each signed acknowledgment of receipt of
  338  disclosure required by s. 63.085.
  339  
  340  If the preliminary home study is favorable, a minor may be
  341  placed in the home pending entry of the judgment of adoption. A
  342  minor may not be placed in the home if the preliminary home
  343  study is unfavorable. If the preliminary home study is
  344  unfavorable, the adoption entity may, within 20 days after
  345  receipt of a copy of the written recommendation, petition the
  346  court to determine the suitability of the intended adoptive
  347  home. A determination as to suitability under this subsection
  348  does not act as a presumption of suitability at the final
  349  hearing. In determining the suitability of the intended adoptive
  350  home, the court must consider the totality of the circumstances
  351  in the home. A minor may not be placed in a home in which there
  352  resides any person determined by the court to be a sexual
  353  predator as defined in s. 775.21 or to have been convicted of an
  354  offense listed in s. 63.089(4)(b)2.
  355         Section 10. For the purpose of incorporating the amendment
  356  made by this act to section 775.21, Florida Statutes, in
  357  references thereto, paragraph (i) of subsection (3) and
  358  subsection (6) of section 68.07, Florida Statutes, are reenacted
  359  to read:
  360         68.07 Change of name.—
  361         (3) Each petition shall be verified and show:
  362         (i) Whether the petitioner has ever been required to
  363  register as a sexual predator under s. 775.21 or as a sexual
  364  offender under s. 943.0435.
  365         (6) The clerk of the court must, within 5 business days
  366  after the filing of the final judgment, send a report of the
  367  judgment to the Department of Law Enforcement on a form to be
  368  furnished by that department. If the petitioner is required to
  369  register as a sexual predator or a sexual offender pursuant to
  370  s. 775.21 or s. 943.0435, the clerk of court shall
  371  electronically notify the Department of Law Enforcement of the
  372  name change, in a manner prescribed by that department, within 2
  373  business days after the filing of the final judgment. The
  374  Department of Law Enforcement must send a copy of the report to
  375  the Department of Highway Safety and Motor Vehicles, which may
  376  be delivered by electronic transmission. The report must contain
  377  sufficient information to identify the petitioner, including the
  378  results of the criminal history records check if applicable, the
  379  new name of the petitioner, and the file number of the judgment.
  380  The Department of Highway Safety and Motor Vehicles shall
  381  monitor the records of any sexual predator or sexual offender
  382  whose name has been provided to it by the Department of Law
  383  Enforcement. If the sexual predator or sexual offender does not
  384  obtain a replacement driver license or identification card
  385  within the required time as specified in s. 775.21 or s.
  386  943.0435, the Department of Highway Safety and Motor Vehicles
  387  shall notify the Department of Law Enforcement. The Department
  388  of Law Enforcement shall notify applicable law enforcement
  389  agencies of the predator’s or offender’s failure to comply with
  390  registration requirements. Any information retained by the
  391  Department of Law Enforcement and the Department of Highway
  392  Safety and Motor Vehicles may be revised or supplemented by said
  393  departments to reflect changes made by the final judgment. With
  394  respect to a person convicted of a felony in another state or of
  395  a federal offense, the Department of Law Enforcement must send
  396  the report to the respective state’s office of law enforcement
  397  records or to the office of the Federal Bureau of Investigation.
  398  The Department of Law Enforcement may forward the report to any
  399  other law enforcement agency it believes may retain information
  400  related to the petitioner.
  401         Section 11. For the purpose of incorporating the amendment
  402  made by this act to section 775.21, Florida Statutes, in a
  403  reference thereto, paragraph (b) of subsection (1) of section
  404  92.55, Florida Statutes, is reenacted to read:
  405         92.55 Special protections in proceedings involving victim
  406  or witness under 18, person with intellectual disability, or
  407  sexual offense victim.—
  408         (1) For purposes of this section, the term:
  409         (b) “Sexual offense” means any offense specified in s.
  410  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
  411         Section 12. For the purpose of incorporating the amendment
  412  made by this act to section 775.21, Florida Statutes, in a
  413  reference thereto, subsection (4) of section 320.02, Florida
  414  Statutes, is reenacted to read:
  415         320.02 Registration required; application for registration;
  416  forms.—
  417         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
  418  944.607, and 985.4815, the owner of any motor vehicle registered
  419  in the state shall notify the department in writing of any
  420  change of address within 30 days of such change. The
  421  notification shall include the registration license plate
  422  number, the vehicle identification number (VIN) or title
  423  certificate number, year of vehicle make, and the owner’s full
  424  name.
  425         Section 13. For the purpose of incorporating the amendment
  426  made by this act to section 775.21, Florida Statutes, in
  427  references thereto, subsection (3) of section 322.141, Florida
  428  Statutes, is reenacted to read:
  429         322.141 Color or markings of certain licenses or
  430  identification cards.—
  431         (3) All licenses for the operation of motor vehicles or
  432  identification cards originally issued or reissued by the
  433  department to persons who are designated as sexual predators
  434  under s. 775.21 or subject to registration as sexual offenders
  435  under s. 943.0435 or s. 944.607, or who have a similar
  436  designation or are subject to a similar registration under the
  437  laws of another jurisdiction, shall have on the front of the
  438  license or identification card the following:
  439         (a) For a person designated as a sexual predator under s.
  440  775.21 or who has a similar designation under the laws of
  441  another jurisdiction, the marking “SEXUAL PREDATOR.”
  442         (b) For a person subject to registration as a sexual
  443  offender under s. 943.0435 or s. 944.607, or subject to a
  444  similar registration under the laws of another jurisdiction, the
  445  marking “943.0435, F.S.”
  446         Section 14. For the purpose of incorporating the amendment
  447  made by this act to section 775.21, Florida Statutes, in
  448  references thereto, subsections (1) and (2) of section 322.19,
  449  Florida Statutes, are reenacted to read:
  450         322.19 Change of address or name.—
  451         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
  452  944.607, and 985.4815, whenever any person, after applying for
  453  or receiving a driver license or identification card, changes
  454  his or her legal name, that person must within 30 days
  455  thereafter obtain a replacement license or card that reflects
  456  the change.
  457         (2) If a person, after applying for or receiving a driver
  458  license or identification card, changes the legal residence or
  459  mailing address in the application, license, or card, the person
  460  must, within 30 calendar days after making the change, obtain a
  461  replacement license or card that reflects the change. A written
  462  request to the department must include the old and new addresses
  463  and the driver license or identification card number. Any person
  464  who has a valid, current student identification card issued by
  465  an educational institution in this state is presumed not to have
  466  changed his or her legal residence or mailing address. This
  467  subsection does not affect any person required to register a
  468  permanent or temporary address change pursuant to s. 775.13, s.
  469  775.21, s. 775.25, or s. 943.0435.
  470         Section 15. For the purpose of incorporating the amendment
  471  made by this act to section 775.21, Florida Statutes, in a
  472  reference thereto, paragraph (b) of subsection (10) of section
  473  397.487, Florida Statutes, is reenacted to read:
  474         397.487 Voluntary certification of recovery residences.—
  475         (10)
  476         (b) A certified recovery residence may not allow a minor
  477  child to visit a parent who is a resident of the recovery
  478  residence at any time if any resident of the recovery residence
  479  is currently required to register as a sexual predator under s.
  480  775.21 or as a sexual offender under s. 943.0435.
  481         Section 16. For the purpose of incorporating the amendment
  482  made by this act to section 775.21, Florida Statutes, in a
  483  reference thereto, paragraph (b) of subsection (3) of section
  484  455.213, Florida Statutes, is reenacted to read:
  485         455.213 General licensing provisions.—
  486         (3)
  487         (b)1. A conviction, or any other adjudication, for a crime
  488  more than 5 years before the date the application is received by
  489  the applicable board may not be grounds for denial of a license
  490  specified in paragraph (a). For purposes of this paragraph, the
  491  term “conviction” means a determination of guilt that is the
  492  result of a plea or trial, regardless of whether adjudication is
  493  withheld. This paragraph does not limit the applicable board
  494  from considering an applicant’s criminal history that includes a
  495  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
  496  only if such criminal history has been found to relate to the
  497  practice of the applicable profession.
  498         2. The applicable board may consider the criminal history
  499  of an applicant for licensure under subparagraph (a)3. if such
  500  criminal history has been found to relate to good moral
  501  character.
  502         Section 17. For the purpose of incorporating the amendment
  503  made by this act to section 775.21, Florida Statutes, in a
  504  reference thereto, subsection (7) of section 489.553, Florida
  505  Statutes, is reenacted to read:
  506         489.553 Administration of part; registration
  507  qualifications; examination.—
  508         (7) Notwithstanding any other law, a conviction, or any
  509  other adjudication, for a crime more than 5 years before the
  510  date the application is received by the department or other
  511  applicable authority may not be grounds for denial of
  512  registration. For purposes of this subsection, the term
  513  “conviction” means a determination of guilt that is the result
  514  of a plea or trial, regardless of whether adjudication is
  515  withheld. This subsection does not limit a board from
  516  considering an applicant’s criminal history that includes any
  517  crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
  518  only if such criminal history has been found to relate to the
  519  practice of the applicable profession, or any crime if it has
  520  been found to relate to good moral character.
  521         Section 18. For the purpose of incorporating the amendment
  522  made by this act to section 775.21, Florida Statutes, in a
  523  reference thereto, subsection (9) of section 507.07, Florida
  524  Statutes, is reenacted to read:
  525         507.07 Violations.—It is a violation of this chapter:
  526         (9) For a mover or a moving broker to knowingly refuse or
  527  fail to disclose in writing to a customer before a household
  528  move that the mover, or an employee or subcontractor of the
  529  mover or moving broker, who has access to the dwelling or
  530  property of the customer, including access to give a quote for
  531  the move, has been convicted of a felony listed in s.
  532  775.21(4)(a)1. or convicted of a similar offense of another
  533  jurisdiction, regardless of when such felony offense was
  534  committed.
  535         Section 19. This act shall take effect July 1, 2024.