HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Crow offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Subsections (2) and (3) of section 787.025,
18 Florida Statutes, are amended to read:
19 787.025 Luring or enticing a child.--
20 (2)(a) A person over the age of 18 who, having been
21 previously convicted of a violation of chapter 794 or s.
22 800.04, or a violation of a similar law of another
23 jurisdiction, intentionally lures or entices, or attempts to
24 lure or entice, a child under the age of 15 12 into a
25 structure, dwelling, or conveyance without the consent of the
26 child's parent or legal guardian, or who intentionally lures
27 or entices, or attempts to lure or entice, a child under the
28 age of 15 away from the child's parent or legal guardian
29 without the consent of the child's parent or legal guardian,
30 for other than a lawful purpose commits a felony of the third
31 degree, punishable as provided in s. 775.082, s. 775.083, or
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hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 s. 775.084.
2 (b) For purposes of this section, the luring or
3 enticing, or attempted luring or enticing, of a child under
4 the age of 12 into a structure, dwelling, or conveyance
5 without the consent of the child's parent or legal guardian
6 shall be prima facie evidence of other than a lawful purpose.
7 (3) It is an affirmative defense to a prosecution
8 under this section that:
9 (a) The person reasonably believed that his or her
10 action was necessary to prevent the child from being seriously
11 injured.
12 (b) The person lured or enticed, or attempted to lure
13 or entice, the child under the age of 12 into a structure,
14 dwelling, or conveyance for a lawful purpose.
15 (b)(c) The person's actions were reasonable under the
16 circumstances and the defendant did not have any intent to
17 harm the health, safety, or welfare of the child.
18 Section 2. Present paragraph (d) of subsection (1) of
19 section 800.04, Florida Statutes, is redesignated as paragraph
20 (e), and a new paragraph (d) is added to said section to read:
21 800.04 Lewd or lascivious offenses committed upon or
22 in the presence of persons less than 16 years of age.--
23 (1) DEFINITIONS.--As used in this section:
24 (d) "Presence" means that the victim of an act in
25 violation of this section is physically present where and when
26 the act occurs. The term does not mean that the victim must
27 actually see or have sensory awareness of the act.
28 Section 3. Paragraph (a) of subsection (7) of section
29 947.1405, Florida Statutes, is amended to read:
30 947.1405 Conditional release program.--
31 (7)(a) Any inmate who is convicted of a crime
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hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 committed on or after October 1, 1995, or who has been
2 previously convicted of a crime committed on or after October
3 1, 1995, in violation of chapter 794, s. 800.04, s. 827.071,
4 or s. 847.0145, and is subject to conditional release
5 supervision, shall have, in addition to any other conditions
6 imposed, the following special conditions imposed by the
7 commission:
8 1. A mandatory curfew from 10 p.m. to 6 a.m. The court
9 may designate another 8-hour period if the offender's
10 employment precludes the above specified time, and such
11 alternative is recommended by the Department of Corrections.
12 If the court determines that imposing a curfew would endanger
13 the victim, the court may consider alternative sanctions.
14 2. If the victim was under the age of 18, a
15 prohibition on living within 1,000 feet of a school, day care
16 center, park, playground, school bus stop, or other place
17 where children regularly congregate.
18 3. Active participation in and successful completion
19 of a sex offender treatment program with therapists
20 specifically trained to treat sex offenders, at the releasee's
21 own expense. If a specially trained therapist is not available
22 within a 50-mile radius of the releasee's residence, the
23 offender shall participate in other appropriate therapy.
24 4. A prohibition on any contact with the victim,
25 directly or indirectly, including through a third person,
26 unless approved by the victim, the offender's therapist, and
27 the sentencing court.
28 5. If the victim was under the age of 18, a
29 prohibition, until successful completion of a sex offender
30 treatment program, on unsupervised contact with a child under
31 the age of 18, unless authorized by the commission without
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hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 another adult present who is responsible for the child's
2 welfare, has been advised of the crime, and is approved by the
3 commission.
4 6. If the victim was under age 18, a prohibition on
5 working for pay or as a volunteer at any school, day care
6 center, park, playground, or other place where children
7 regularly congregate, as prescribed by the commission.
8 7. Unless otherwise indicated in the treatment plan
9 provided by the sexual offender treatment program, a
10 prohibition on viewing, owning, or possessing any obscene,
11 pornographic, or sexually stimulating visual or auditory
12 material, including telephone, electronic media, computer
13 programs, or computer services that are relevant to the
14 offender's deviant behavior pattern.
15 8. A requirement that the releasee must submit two
16 specimens of blood to the Florida Department of Law
17 Enforcement to be registered with the DNA database.
18 9. A requirement that the releasee make restitution to
19 the victim, as determined by the sentencing court or the
20 commission, for all necessary medical and related professional
21 services relating to physical, psychiatric, and psychological
22 care.
23 10. Submission to a warrantless search by the
24 community control or probation officer of the probationer's or
25 community controllee's person, residence, or vehicle.
26 Section 4. Section 794.07, Florida Statutes, is
27 created to read:
28 794.07 Unlawful place of residence for persons
29 convicted of certain sex offenses.--
30 (1) It is unlawful for any person who has been
31 convicted of a violation of s. 794.011, s. 794.05, s. 800.04,
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hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 s. 827.071, or s. 847.0145, regardless of whether adjudication
2 has been withheld, in which the victim of the offense was less
3 than 16 years of age, to reside within 1,000 feet of any
4 school, day care center, park, or playground. Any person
5 violating this section whose conviction for s. 794.011, s.
6 794.05, s.800.04, s. 827.071, or s. 847.0145 was classified as
7 a felony of the first degree or higher commits a felony of the
8 third degree, punishable as provided in ss. 775.082 and
9 775.083. Any person violating this section whose conviction
10 for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.
11 847.0145 was classified as a felony of the second or third
12 degree commits a misdemeanor of the first degree punishable as
13 provided in ss. 775.082 and 775.083.
14 (2) This section shall apply to any person convicted
15 of a violation of s. 794.011, s. 794.05, s. 800.04, s.
16 827.071, or s. 847.0145 for offenses which occur on or after
17 October 1, 2001.
18 Section 5. Section 794.0701, Florida Statutes, is
19 created to read:
20 794.0701 Unlawful place of residence for persons
21 convicted of certain sex offenses.--
22 (1) It is unlawful for any person who has been
23 convicted of a violation of s. 794.011, s. 794.05, s. 800.04,
24 s. 827.071, or s. 847.0145, regardless of whether adjudication
25 has been withheld, in which the victim of the offense was less
26 than 16 years of age, to reside within 1,000 feet of any
27 school, day care center, park, or playground. Any person
28 violating this section whose conviction for s. 794.011, s.
29 794.05, s.800.04, s. 827.071, or s. 847.0145 was classified as
30 a felony of the first degree or higher commits a felony of the
31 third degree, punishable as provided in ss. 775.082 and
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File original & 9 copies 05/01/01
hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 775.083. Any person violating this section whose conviction
2 for s. 794.011, s. 794.05, s. 800.04, s. 827.071, or s.
3 847.0145 was classified as a felony of the second or third
4 degree commits a misdemeanor of the first degree punishable as
5 provided in ss. 775.082 and 775.083.
6 (2) This section shall apply retroactively to any
7 person convicted of a violation of s. 794.011, s. 794.05, s.
8 800.04, s. 827.071, or s. 847.0145, regardless of when the
9 offense occurred.
10 Section 6. This act shall take effect July 1, 2001.
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 remove from the title of the bill: the entire title
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17 and insert in lieu thereof:
18 A bill to be entitled
19 An act relating to offenses against children;
20 amending s. 787.025, F.S.; revising provisions
21 to prohibit certain previously convicted
22 offenders from intentionally luring or
23 enticing, or attempting to lure or entice, a
24 child under age 15 into a structure, dwelling,
25 or conveyance without consent of parent or
26 legal guardian, or from intentionally luring or
27 enticing, or attempting to lure or entice the
28 child away from the child's parent or legal
29 guardian; providing penalties; amending s.
30 800.04, F.S.; defining the term "presence";
31 amending s. 947.1405, F.S.; prohibiting sexual
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hbd0007 10:55 am 00444-0049-653235
HOUSE AMENDMENT
568-172AX-22 Bill No. CS for SB 444, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 offenders subject to conditional release
2 supervision from living within a specified
3 distance of certain places where children
4 congregate; creating ss. 794.07 and 794.0701,
5 F.S.; prohibiting persons convicted of certain
6 sex crimes from residing within 1,000 feet of a
7 school, day care center, park, or playground;
8 providing penalties; providing for application;
9 providing an effective date.
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File original & 9 copies 05/01/01
hbd0007 10:55 am 00444-0049-653235