Senate Bill 2406
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2406
    By Senator Campbell
    33-1111-00                                              See HB
  1                      A bill to be entitled
  2         An act relating to mandatory sentences for
  3         sexual felony offenses; creating s. 794.0116,
  4         F.S.; defining "repeat sexual felony offender";
  5         providing within the definition a category of
  6         enumerated felony offenses in violation of s.
  7         794.011, F.S., relating to sexual battery;
  8         requiring the court to sentence a defendant as
  9         a repeat sexual felony offender and impose a
10         20-year mandatory minimum term of imprisonment
11         under specified circumstances when the
12         defendant is to be sentenced for committing or
13         attempting to commit any of the enumerated
14         felony violations of s. 794.011, F.S., and the
15         defendant has previously been convicted of
16         committing or attempting to commit any one of
17         certain enumerated felony offenses involving
18         sexual battery; providing penalties; providing
19         procedures and criteria for court determination
20         if the defendant is a repeat sexual felony
21         offender; providing for sentencing as a repeat
22         sexual felony offender; providing for
23         construction; amending s. 800.04, F.S.;
24         specifying sexual activity by certain persons
25         with certain younger persons as sexual battery;
26         providing penalties; providing a mandatory
27         minimum sentencing period; providing an
28         effective date.
29
30  Be It Enacted by the Legislature of the State of Florida:
31
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB
  1         Section 1.  Section 794.0116, Florida Statutes, is
  2  created to read:
  3         794.0116  Repeat sexual felony offenders; definition;
  4  procedure; enhanced penalties.--
  5         (1)  As used in this act, "repeat sexual felony
  6  offender" means a defendant for whom the court must impose a
  7  mandatory minimum term of imprisonment, as provided in
  8  subsection (3), if it finds that:
  9         (a)  The defendant has previously been convicted of a
10  felony or an attempt or conspiracy to commit a felony and one
11  or more of such convictions was for:
12         1.  Any felony offense in violation of s.
13  794.011(2)(b), (3), (4), or (5) or s. 800.04, or an attempt or
14  conspiracy to commit such felony offense.
15         2.  A qualified offense as defined in s. 775.084(1)(e),
16  if the elements of the qualified offense are substantially
17  similar to the elements of a felony offense in violation of s.
18  794.011(2)(b), (3), (4), or (5), or an attempt or conspiracy
19  to commit the felony offense.
20         (b)  The felony for which the defendant is to be
21  sentenced is one of the felonies enumerated in subparagraph
22  (a)1. or subparagraph (a)2. and was committed:
23         1.  While the defendant was serving a prison sentence
24  or other sentence imposed as a result of a prior conviction
25  for any offense enumerated in subparagraph (a)1. or
26  subparagraph (a)2.; or
27         2.  Within 20 years after the date of the conviction of
28  the last prior offense enumerated in subparagraph (a)1. or
29  subparagraph (a)2., or within 20 years after the defendant's
30  release from a prison sentence, probation, community control,
31  or other sentence imposed as a result of a prior conviction
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB
  1  for any offense enumerated in subparagraph (a)1. or
  2  subparagraph (a)2., whichever is later.
  3         (c)  The defendant has not received a pardon on the
  4  ground of innocence for any crime that is necessary for the
  5  operation of this subsection.
  6         (d)  A conviction of a crime necessary to the operation
  7  of this subsection has not been set aside in any
  8  postconviction proceeding.
  9         (2)  In a separate proceeding, the court shall
10  determine if the defendant is a repeat sexual felony offender.
11  The procedure shall be as follows:
12         (a)  The court shall obtain and consider a presentence
13  investigation prior to the imposition of a sentence as a
14  repeat sexual felony offender.
15         (b)  Written notice shall be served on the defendant
16  and the defendant's attorney a sufficient time prior to the
17  entry of a plea or prior to the imposition of sentence in
18  order to allow the preparation of a submission on behalf of
19  the defendant.
20         (c)  Except as provided in paragraph (a), all evidence
21  presented shall be presented in open court with full rights of
22  confrontation, cross-examination, and representation by
23  counsel.
24         (d)  Each of the findings required as the basis for
25  such sentence shall be found to exist by a preponderance of
26  the evidence and shall be appealable to the extent normally
27  applicable to similar findings.
28         (e)  For the purpose of identification of a repeat
29  sexual felony offender, the court shall fingerprint the
30  defendant pursuant to s. 921.241.
31
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB
  1         (f)  For an offense committed on or after the effective
  2  date of this act, if the court, in a separate proceeding
  3  pursuant to this subsection, determines that the defendant
  4  meets the criteria under subsection (1) for imposing such
  5  sanction, the court must sentence the defendant as a repeat
  6  sexual felony offender, subject to imprisonment pursuant to
  7  this section as provided in subsection (3).
  8         (3)(a)  The court, in conformity with the procedure
  9  established in subsection (2), must sentence the repeat sexual
10  felony offender to a mandatory minimum term of 20 years'
11  imprisonment.
12         (b)  Nothing in this subsection shall prevent a court
13  from imposing a greater sentence of incarceration as
14  authorized by law.
15         Section 2.  Subsection (4) of section 800.04, Florida
16  Statutes, is amended to read:
17         800.04  Lewd or lascivious offenses committed upon or
18  in the presence of persons less than 16 years of age.--
19         (4)(a)  LEWD OR LASCIVIOUS BATTERY.--A person who:
20         1.(a)  Engages in sexual activity with a person 12
21  years of age or older but less than 16 years of age; or
22         2.(b)  Encourages, forces, or entices any person less
23  than 16 years of age to engage in sadomasochistic abuse,
24  sexual bestiality, prostitution, or any other act involving
25  sexual activity
26
27  commits lewd or lascivious battery, a felony of the second
28  degree, punishable as provided in s. 775.082, s. 775.083, or
29  s. 775.084.
30         (b)  A person who is over 24 years of age and who
31  engages in sexual activity with a person 12 or 13 years of age
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2000                                  SB 2406
    33-1111-00                                              See HB
  1  commits sexual battery, a felony of the second degree,
  2  punishable as provided in s. 775.082, s. 775.083, s. 775.084,
  3  or s. 794.0115. Upon conviction of a violation of this
  4  paragraph, the court shall sentence the violator to a minimum
  5  mandatory sentence of 10 years.
  6         Section 3.  This act shall take effect October 1, 2000.
  7
  8            *****************************************
  9                       LEGISLATIVE SUMMARY
10
      Defines the term "repeat sexual felony offender" and
11    provides within the definition a category of enumerated
      felony offenses relating to sexual battery. Requires a
12    court to sentence a defendant as a repeat sexual felony
      offender and impose a 20-year mandatory minimum term of
13    imprisonment when the defendant is to be sentenced for
      committing or attempting to commit any of the enumerated
14    felonies and the defendant has previously been convicted
      of committing or attempting to commit any one of
15    enumerated felony offenses involving sexual battery.
      Provides procedures and criteria for court determination
16    of the defendant as a repeat sexual felony offender and
      provides for sentencing as a repeat sexual felony
17    offender. Specifies sexual activity by a person 24 years
      of age or older with persons 12 or 13 years of age as
18    second degree felony sexual battery and provides a
      10-year mandatory minimum sentencing period.
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  5