Senate Bill sb0218c1

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    Florida Senate - 2004                            CS for SB 218

    By the Committee on Criminal Justice; and Senator Crist





    307-960-04

  1                      A bill to be entitled

  2         An act relating to crimes against minors;

  3         amending ss. 787.01 and 787.02, F.S.; revising

  4         the elements of the crimes of kidnapping a

  5         minor child and false imprisonment of a minor

  6         child; amending s. 787.025, F.S.; revising the

  7         elements of the crime of luring or enticing a

  8         minor child for an unlawful purpose; specifying

  9         an evidentiary fact that may be considered by

10         the court in determining whether the defendant

11         committed or attempted to commit such offense;

12         increasing the penalty imposed for committing

13         that offense; reenacting ss. 435.03(2)(j) and

14         (k), 435.04(2)(k) and (l), 775.21(4), 903.133,

15         and 910.14, F.S., relating to screening

16         standards, the Florida Sexual Predators Act,

17         bail on appeal, and kidnapping, to incorporate

18         the amendments to ss. 787.01, 787.02, 787.025,

19         F.S., in references thereto; reenacting and

20         amending s. 921.0022(3)(f), (i), and (j), F.S.,

21         relating to the offense severity ranking chart

22         of the Criminal Punishment Code, to incorporate

23         the amendments to s. 787.02, F.S., in

24         references thereto; conforming provisions to

25         changes made by the act; reenacting ss.

26         943.0435(1)(a), 943.0585, 943.059,

27         944.606(1)(b), 944.607(1)(a), 948.01(15), and

28         948.06(2)(a), F.S., relating to the

29         registration of sexual offenders, expunction

30         and court-ordered sealing of criminal history

31         records, the definition of the term "sexual

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 1         offender," and probation and community control,

 2         to incorporate the amendments to ss. 787.01,

 3         787.02, 787.025, F.S., in references thereto;

 4         providing an effective date.

 5  

 6  Be It Enacted by the Legislature of the State of Florida:

 7  

 8         Section 1.  Section 787.01, Florida Statutes, is

 9  amended to read:

10         787.01  Kidnapping; kidnapping of child under age 16

11  13, aggravating circumstances.--

12         (1)(a)  The term "kidnapping" means forcibly, secretly,

13  or by threat confining, abducting, or imprisoning another

14  person against her or his will and without lawful authority,

15  with intent to:

16         1.  Hold for ransom or reward or as a shield or

17  hostage.

18         2.  Commit or facilitate commission of any felony.

19         3.  Inflict bodily harm upon or to terrorize the victim

20  or another person.

21         4.  Interfere with the performance of any governmental

22  or political function.

23         (b)  Confinement of a child under the age of 16 13 is

24  against her or his will within the meaning of this subsection

25  if such confinement is without the consent of her or his

26  parent or legal guardian.

27         (2)  A person who kidnaps a person is guilty of a

28  felony of the first degree, punishable by imprisonment for a

29  term of years not exceeding life or as provided in s. 775.082,

30  s. 775.083, or s. 775.084.

31  

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 1         (3)(a)  A person who commits the offense of kidnapping

 2  upon a child under the age of 16 13 and who, in the course of

 3  committing the offense, commits one or more of the following:

 4         1.  Aggravated child abuse, as defined in s. 827.03;

 5         2.  Sexual battery, as defined in chapter 794, against

 6  the child;

 7         3.  Lewd or lascivious battery, lewd or lascivious

 8  molestation, lewd or lascivious conduct, or lewd or lascivious

 9  exhibition, in violation of s. 800.04;

10         4.  A violation of s. 796.03 or s. 796.04, relating to

11  prostitution, upon the child; or

12         5.  Exploitation of the child or allowing the child to

13  be exploited, in violation of s. 450.151,

14  

15  commits a life felony, punishable as provided in s. 775.082,

16  s. 775.083, or s. 775.084.

17         (b)  Pursuant to s. 775.021(4), nothing contained

18  herein shall be construed to prohibit the imposition of

19  separate judgments and sentences for the life felony described

20  in paragraph (a) and for each separate offense enumerated in

21  subparagraphs (a)1.-5.

22         Section 2.  Section 787.02, Florida Statutes, is

23  amended to read:

24         787.02  False imprisonment; false imprisonment of child

25  under age 16 13, aggravating circumstances.--

26         (1)(a)  The term "false imprisonment" means forcibly,

27  by threat, or secretly confining, abducting, imprisoning, or

28  restraining another person without lawful authority and

29  against her or his will.

30         (b)  Confinement of a child under the age of 16 13 is

31  against her or his will within the meaning of this section if

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 1  such confinement is without the consent of her or his parent

 2  or legal guardian.

 3         (2)  A person who commits the offense of false

 4  imprisonment is guilty of a felony of the third degree,

 5  punishable as provided in s. 775.082, s. 775.083, or s.

 6  775.084.

 7         (3)(a)  A person who commits the offense of false

 8  imprisonment upon a child under the age of 16 13 and who, in

 9  the course of committing the offense, commits any offense

10  enumerated in subparagraphs 1.-5., commits a felony of the

11  first degree, punishable by imprisonment for a term of years

12  not exceeding life or as provided in s. 775.082, s. 775.083,

13  or s. 775.084.

14         1.  Aggravated child abuse, as defined in s. 827.03;

15         2.  Sexual battery, as defined in chapter 794, against

16  the child;

17         3.  Lewd or lascivious battery, lewd or lascivious

18  molestation, lewd or lascivious conduct, or lewd or lascivious

19  exhibition, in violation of s. 800.04;

20         4.  A violation of s. 796.03 or s. 796.04, relating to

21  prostitution, upon the child; or

22         5.  Exploitation of the child or allowing the child to

23  be exploited, in violation of s. 450.151.

24         (b)  Pursuant to s. 775.021(4), nothing contained

25  herein shall be construed to prohibit the imposition of

26  separate judgments and sentences for the first degree offense

27  described in paragraph (a) and for each separate offense

28  enumerated in subparagraphs (a)1.-5.

29         Section 3.  Section 787.025, Florida Statutes, is

30  amended to read:

31         787.025  Luring or enticing a child.--

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 1         (1)  As used in this section, the term:

 2         (a)  "Structure" means a building of any kind, either

 3  temporary or permanent, which has a roof over it, together

 4  with the curtilage thereof.

 5         (b)  "Dwelling" means a building or conveyance of any

 6  kind, either temporary or permanent, mobile or immobile, which

 7  has a roof over it and is designed to be occupied by people

 8  lodging together therein at night, together with the curtilage

 9  thereof.

10         (c)  "Conveyance" means any motor vehicle, ship,

11  vessel, railroad car, trailer, aircraft, or sleeping car.

12         (2)(a)  A person over the age of 18 who, having been

13  previously convicted of a violation of chapter 794 or s.

14  800.04, or a violation of a similar law of another

15  jurisdiction, intentionally lures or entices, or attempts to

16  lure or entice, a child under the age of 16 12 into a

17  structure, dwelling, or conveyance for other than a lawful

18  purpose commits a felony of the second third degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084.

21         (b)  If the defendant lured or enticed, or attempted to

22  lure or entice, For purposes of this section, the luring or

23  enticing, or attempted luring or enticing, of a child under

24  the age of 16 12 into a structure, dwelling, or conveyance

25  without the consent of the child's parent or legal guardian,

26  that fact does not give rise to a presumption that the

27  defendant committed or attempted to commit such luring or

28  enticing for shall be prima facie evidence of other than a

29  lawful purpose, but may be considered with other competent

30  evidence in determining whether the defendant committed or

31  

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 1  attempted to commit such luring or enticing for other than a

 2  lawful purpose.

 3         (3)  It is an affirmative defense to a prosecution

 4  under this section that:

 5         (a)  The person reasonably believed that his or her

 6  action was necessary to prevent the child from being seriously

 7  injured.

 8         (b)  The person lured or enticed, or attempted to lure

 9  or entice, the child under the age of 16 12 into a structure,

10  dwelling, or conveyance for a lawful purpose.

11         (c)  The person's actions were reasonable under the

12  circumstances and the defendant did not have any intent to

13  harm the health, safety, or welfare of the child.

14         Section 4.  For the purpose of incorporating the

15  amendments made by this act to sections 787.01 and 787.02,

16  Florida Statutes, in references thereto, paragraphs (j) and

17  (k) of subsection (2) of section 435.03, Florida Statutes, are

18  reenacted to read:

19         435.03  Level 1 screening standards.--

20         (2)  Any person for whom employment screening is

21  required by statute must not have been found guilty of,

22  regardless of adjudication, or entered a plea of nolo

23  contendere or guilty to, any offense prohibited under any of

24  the following provisions of the Florida Statutes or under any

25  similar statute of another jurisdiction:

26         (j)  Section 787.01, relating to kidnapping.

27         (k)  Section 787.02, relating to false imprisonment.

28         Section 5.  For the purpose of incorporating the

29  amendments made by this act to sections 787.01 and 787.02,

30  Florida Statutes, in references thereto, paragraphs (k) and

31  

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 1  (l) of subsection (2) of section 435.04, Florida Statutes, are

 2  reenacted to read:

 3         435.04  Level 2 screening standards.--

 4         (2)  The security background investigations under this

 5  section must ensure that no persons subject to the provisions

 6  of this section have been found guilty of, regardless of

 7  adjudication, or entered a plea of nolo contendere or guilty

 8  to, any offense prohibited under any of the following

 9  provisions of the Florida Statutes or under any similar

10  statute of another jurisdiction:

11         (k)  Section 787.01, relating to kidnapping.

12         (l)  Section 787.02, relating to false imprisonment.

13         Section 6.  For the purpose of incorporating the

14  amendments made by this act to sections 787.01, 787.02, and

15  787.025, Florida Statutes, in references thereto, subsection

16  (4) of section 775.21, Florida Statutes, is reenacted to read:

17         775.21  The Florida Sexual Predators Act; definitions;

18  legislative findings, purpose, and intent; criteria;

19  designation; registration; community and public notification;

20  immunity; penalties.--

21         (4)  SEXUAL PREDATOR CRITERIA.--

22         (a)  For a current offense committed on or after

23  October 1, 1993, upon conviction, an offender shall be

24  designated as a "sexual predator" under subsection (5), and

25  subject to registration under subsection (6) and community and

26  public notification under subsection (7) if:

27         1.  The felony is:

28         a.  A capital, life, or first-degree felony violation,

29  or any attempt thereof, of s. 787.01 or s. 787.02, where the

30  victim is a minor and the defendant is not the victim's

31  

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 1  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

 2  violation of a similar law of another jurisdiction; or

 3         b.  Any felony violation, or any attempt thereof, of s.

 4  787.01, s. 787.02, or s. 787.025, where the victim is a minor

 5  and the defendant is not the victim's parent; chapter 794,

 6  excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04;

 7  s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation

 8  of a similar law of another jurisdiction, and the offender has

 9  previously been convicted of or found to have committed, or

10  has pled nolo contendere or guilty to, regardless of

11  adjudication, any violation of s. 787.01, s. 787.02, or s.

12  787.025, where the victim is a minor and the defendant is not

13  the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.

14  794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

15  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

16  similar law of another jurisdiction;

17         2.  The offender has not received a pardon for any

18  felony or similar law of another jurisdiction that is

19  necessary for the operation of this paragraph; and

20         3.  A conviction of a felony or similar law of another

21  jurisdiction necessary to the operation of this paragraph has

22  not been set aside in any postconviction proceeding.

23         (b)  In order to be counted as a prior felony for

24  purposes of this subsection, the felony must have resulted in

25  a conviction sentenced separately, or an adjudication of

26  delinquency entered separately, prior to the current offense

27  and sentenced or adjudicated separately from any other felony

28  conviction that is to be counted as a prior felony. If the

29  offender's prior enumerated felony was committed more than 10

30  years before the primary offense, it shall not be considered a

31  prior felony under this subsection if the offender has not

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 1  been convicted of any other crime for a period of 10

 2  consecutive years from the most recent date of release from

 3  confinement, supervision, or sanction, whichever is later.

 4         (c)  If an offender has been registered as a sexual

 5  predator by the Department of Corrections, the department, or

 6  any other law enforcement agency and if:

 7         1.  The court did not, for whatever reason, make a

 8  written finding at the time of sentencing that the offender

 9  was a sexual predator; or

10         2.  The offender was administratively registered as a

11  sexual predator because the Department of Corrections, the

12  department, or any other law enforcement agency obtained

13  information that indicated that the offender met the criteria

14  for designation as a sexual predator based on a violation of a

15  similar law in another jurisdiction,

16  

17  the department shall remove that offender from the

18  department's list of sexual predators and, for an offender

19  described under subparagraph 1., shall notify the state

20  attorney who prosecuted the offense that met the criteria for

21  administrative designation as a sexual predator, and, for an

22  offender described under this subparagraph, shall notify the

23  state attorney of the county where the offender establishes or

24  maintains a permanent or temporary residence. The state

25  attorney shall bring the matter to the court's attention in

26  order to establish that the offender meets the criteria for

27  designation as a sexual predator. If the court makes a written

28  finding that the offender is a sexual predator, the offender

29  must be designated as a sexual predator, must register or be

30  registered as a sexual predator with the department as

31  provided in subsection (6), and is subject to the community

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 1  and public notification as provided in subsection (7). If the

 2  court does not make a written finding that the offender is a

 3  sexual predator, the offender may not be designated as a

 4  sexual predator with respect to that offense and is not

 5  required to register or be registered as a sexual predator

 6  with the department.

 7         Section 7.  For the purpose of incorporating the

 8  amendments made by this act to section 787.01, Florida

 9  Statutes, in references thereto, section 903.133, Florida

10  Statutes, is reenacted to read:

11         903.133  Bail on appeal; prohibited for certain felony

12  convictions.--Notwithstanding the provisions of s. 903.132, no

13  person adjudged guilty of a felony of the first degree for a

14  violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s.

15  806.01, s. 893.13, or s. 893.135, or adjudged guilty of a

16  violation of s. 794.011(2) or (3), shall be admitted to bail

17  pending review either by posttrial motion or appeal.

18         Section 8.  For the purpose of incorporating the

19  amendments made by this act to sections 787.01 and 787.02,

20  Florida Statutes, in references thereto, section 910.14,

21  Florida Statutes, is reenacted to read:

22         910.14  Kidnapping.--A person who commits an offense

23  provided for in s. 787.01 or s. 787.02 may be tried in any

24  county in which the person's victim has been taken or confined

25  during the course of the offense.

26         Section 9.  For the purpose of incorporating the

27  amendments made by this act to sections 787.01 and 787.02,

28  Florida Statutes, in references thereto, paragraphs (f), (i),

29  and (j) of subsection (3) of section 921.0022, Florida

30  Statutes, are reenacted and amended to read:

31  

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 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  

 5  Florida           Felony

 6  Statute           Degree             Description

 7  

 8                     

 9                              (f)  LEVEL 6

10  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

11                              conviction.

12  499.0051(3)        2nd      Forgery of pedigree papers.

13  499.0051(4)        2nd      Purchase or receipt of legend

14                              drug from unauthorized person.

15  499.0051(5)        2nd      Sale of legend drug to

16                              unauthorized person.

17  775.0875(1)        3rd      Taking firearm from law

18                              enforcement officer.

19  775.21(10)         3rd      Sexual predators; failure to

20                              register; failure to renew

21                              driver's license or

22                              identification card.

23  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

24                              without intent to kill.

25  784.021(1)(b)      3rd      Aggravated assault; intent to

26                              commit felony.

27  784.041            3rd      Felony battery.

28  784.048(3)         3rd      Aggravated stalking; credible

29                              threat.

30  784.048(5)         3rd      Aggravated stalking of person

31                              under 16.

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 1  784.07(2)(c)       2nd      Aggravated assault on law

 2                              enforcement officer.

 3  784.074(1)(b)      2nd      Aggravated assault on sexually

 4                              violent predators facility staff.

 5  784.08(2)(b)       2nd      Aggravated assault on a person 65

 6                              years of age or older.

 7  784.081(2)         2nd      Aggravated assault on specified

 8                              official or employee.

 9  784.082(2)         2nd      Aggravated assault by detained

10                              person on visitor or other

11                              detainee.

12  784.083(2)         2nd      Aggravated assault on code

13                              inspector.

14  787.02(2)          3rd      False imprisonment; restraining

15                              with purpose other than those in

16                              s. 787.01.

17  790.115(2)(d)      2nd      Discharging firearm or weapon on

18                              school property.

19  790.161(2)         2nd      Make, possess, or throw

20                              destructive device with intent to

21                              do bodily harm or damage

22                              property.

23  790.164(1)         2nd      False report of deadly explosive,

24                              weapon of mass destruction, or

25                              act of arson or violence to state

26                              property.

27  790.19             2nd      Shooting or throwing deadly

28                              missiles into dwellings, vessels,

29                              or vehicles.

30  

31  

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 1  794.011(8)(a)      3rd      Solicitation of minor to

 2                              participate in sexual activity by

 3                              custodial adult.

 4  794.05(1)          2nd      Unlawful sexual activity with

 5                              specified minor.

 6  800.04(5)(d)       3rd      Lewd or lascivious molestation;

 7                              victim 12 years of age or older

 8                              but less than 16 years; offender

 9                              less than 18 years.

10  800.04(6)(b)       2nd      Lewd or lascivious conduct;

11                              offender 18 years of age or

12                              older.

13  806.031(2)         2nd      Arson resulting in great bodily

14                              harm to firefighter or any other

15                              person.

16  810.02(3)(c)       2nd      Burglary of occupied structure;

17                              unarmed; no assault or battery.

18  812.014(2)(b)1.    2nd      Property stolen $20,000 or more,

19                              but less than $100,000, grand

20                              theft in 2nd degree.

21  812.014(2)(b)2.    2nd      Property stolen; cargo valued at

22                              less than $50,000, grand theft in

23                              2nd degree.

24  812.015(9)         2nd      Retail theft; property stolen

25                              $300 or more; second or

26                              subsequent conviction.

27  812.13(2)(c)       2nd      Robbery, no firearm or other

28                              weapon (strong-arm robbery).

29  817.034(4)(a)1.    1st      Communications fraud, value

30                              greater than $50,000.

31  

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 1  817.4821(5)        2nd      Possess cloning paraphernalia

 2                              with intent to create cloned

 3                              cellular telephones.

 4  825.102(1)         3rd      Abuse of an elderly person or

 5                              disabled adult.

 6  825.102(3)(c)      3rd      Neglect of an elderly person or

 7                              disabled adult.

 8  825.1025(3)        3rd      Lewd or lascivious molestation of

 9                              an elderly person or disabled

10                              adult.

11  825.103(2)(c)      3rd      Exploiting an elderly person or

12                              disabled adult and property is

13                              valued at less than $20,000.

14  827.03(1)          3rd      Abuse of a child.

15  827.03(3)(c)       3rd      Neglect of a child.

16  827.071(2)&(3)     2nd      Use or induce a child in a sexual

17                              performance, or promote or direct

18                              such performance.

19  836.05             2nd      Threats; extortion.

20  836.10             2nd      Written threats to kill or do

21                              bodily injury.

22  843.12             3rd      Aids or assists person to escape.

23  847.0135(3)        3rd      Solicitation of a child, via a

24                              computer service, to commit an

25                              unlawful sex act.

26  914.23             2nd      Retaliation against a witness,

27                              victim, or informant, with bodily

28                              injury.

29  943.0435(9)        3rd      Sex offenders; failure to comply

30                              with reporting requirements.

31  

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 1  944.35(3)(a)2.     3rd      Committing malicious battery upon

 2                              or inflicting cruel or inhuman

 3                              treatment on an inmate or

 4                              offender on community

 5                              supervision, resulting in great

 6                              bodily harm.

 7  944.40             2nd      Escapes.

 8  944.46             3rd      Harboring, concealing, aiding

 9                              escaped prisoners.

10  944.47(1)(a)5.     2nd      Introduction of contraband

11                              (firearm, weapon, or explosive)

12                              into correctional facility.

13  951.22(1)          3rd      Intoxicating drug, firearm, or

14                              weapon introduced into county

15                              facility.

16                              (i)  LEVEL 9

17  316.193

18   (3)(c)3.b.        1st      DUI manslaughter; failing to

19                              render aid or give information.

20  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

21                              render aid or give information.

22  499.0053           1st      Sale or purchase of contraband

23                              legend drugs resulting in great

24                              bodily harm.

25  560.123(8)(b)3.    1st      Failure to report currency or

26                              payment instruments totaling or

27                              exceeding $100,000 by money

28                              transmitter.

29  

30  

31  

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 1  560.125(5)(c)      1st      Money transmitter business by

 2                              unauthorized person, currency, or

 3                              payment instruments totaling or

 4                              exceeding $100,000.

 5  655.50(10)(b)3.    1st      Failure to report financial

 6                              transactions totaling or

 7                              exceeding $100,000 by financial

 8                              institution.

 9  775.0844           1st      Aggravated white collar crime.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31  

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 1  787.02(3)(a)       1st      False imprisonment; child under

 2                              age 16 13; perpetrator also

 3                              commits aggravated child abuse,

 4                              sexual battery, or lewd or

 5                              lascivious battery, molestation,

 6                              conduct, or exhibition.

 7  790.161            1st      Attempted capital destructive

 8                              device offense.

 9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  

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 1  817.568(7)         2nd,PBL  Fraudulent use of personal

 2                              identification information of an

 3                              individual under the age of 18 by

 4                              his or her parent, legal

 5                              guardian, or person exercising

 6                              custodial authority.

 7  827.03(2)          1st      Aggravated child abuse.

 8  847.0145(1)        1st      Selling, or otherwise

 9                              transferring custody or control,

10                              of a minor.

11  847.0145(2)        1st      Purchasing, or otherwise

12                              obtaining custody or control, of

13                              a minor.

14  859.01             1st      Poisoning or introducing

15                              bacteria, radioactive materials,

16                              viruses, or chemical compounds

17                              into food, drink, medicine, or

18                              water with intent to kill or

19                              injure another person.

20  893.135            1st      Attempted capital trafficking

21                              offense.

22  893.135(1)(a)3.    1st      Trafficking in cannabis, more

23                              than 10,000 lbs.

24  893.135

25   (1)(b)1.c.        1st      Trafficking in cocaine, more than

26                              400 grams, less than 150

27                              kilograms.

28  893.135

29   (1)(c)1.c.        1st      Trafficking in illegal drugs,

30                              more than 28 grams, less than 30

31                              kilograms.

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 1  893.135

 2   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 3                              more than 400 grams.

 4  893.135

 5   (1)(e)1.c.        1st      Trafficking in methaqualone, more

 6                              than 25 kilograms.

 7  893.135

 8   (1)(f)1.c.        1st      Trafficking in amphetamine, more

 9                              than 200 grams.

10  893.135

11   (1)(h)1.c.        1st      Trafficking in

12                              gamma-hydroxybutyric acid (GHB),

13                              10 kilograms or more.

14  893.135

15   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

16                              kilograms or more.

17  893.135

18   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

19                              400 grams or more.

20  896.101(5)(c)      1st      Money laundering, financial

21                              instruments totaling or exceeding

22                              $100,000.

23  896.104(4)(a)3.    1st      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $100,000.

28                              (j)  LEVEL 10

29  499.0054           1st      Sale or purchase of contraband

30                              legend drugs resulting in death.

31  

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 1  782.04(2)          1st,PBL  Unlawful killing of human; act is

 2                              homicide, unpremeditated.

 3  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

 4                              upon or terrorize victim.

 5  787.01(3)(a)       Life     Kidnapping; child under age 16

 6                              13, perpetrator also commits

 7                              aggravated child abuse, sexual

 8                              battery, or lewd or lascivious

 9                              battery, molestation, conduct, or

10                              exhibition.

11  782.07(3)          1st      Aggravated manslaughter of a

12                              child.

13  794.011(3)         Life     Sexual battery; victim 12 years

14                              or older, offender uses or

15                              threatens to use deadly weapon or

16                              physical force to cause serious

17                              injury.

18  876.32             1st      Treason against the state.

19         Section 10.  For the purpose of incorporating the

20  amendments made by this act to sections 787.01, 787.02, and

21  787.025, Florida Statutes, in references thereto, paragraph

22  (a) of subsection (1) of section 943.0435, Florida Statutes,

23  is reenacted to read:

24         943.0435  Sexual offenders required to register with

25  the department; penalty.--

26         (1)  As used in this section, the term:

27         (a)  "Sexual offender" means a person who:

28         1.  Has been convicted of committing, or attempting,

29  soliciting, or conspiring to commit, any of the criminal

30  offenses proscribed in the following statutes in this state or

31  similar offenses in another jurisdiction: s. 787.01, s.

                                  20

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 1  787.02, or s. 787.025, where the victim is a minor and the

 2  defendant is not the victim's parent; chapter 794, excluding

 3  ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.

 4  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

 5  s. 847.0138; s. 847.0145; or any similar offense committed in

 6  this state which has been redesignated from a former statute

 7  number to one of those listed in this subparagraph; and

 8         2.  Has been released on or after October 1, 1997, from

 9  the sanction imposed for any conviction of an offense

10  described in subparagraph 1. For purposes of subparagraph 1.,

11  a sanction imposed in this state or in any other jurisdiction

12  includes, but is not limited to, a fine, probation, community

13  control, parole, conditional release, control release, or

14  incarceration in a state prison, federal prison, private

15  correctional facility, or local detention facility; or

16         3.  Establishes or maintains a residence in this state

17  and who has not been designated as a sexual predator by a

18  court of this state but who has been designated as a sexual

19  predator, as a sexually violent predator, or by another sexual

20  offender designation in another state or jurisdiction and was,

21  as a result of such designation, subjected to registration or

22  community or public notification, or both, or would be if the

23  person were a resident of that state or jurisdiction; or

24         4.  Establishes or maintains a residence in this state

25  who is in the custody or control of, or under the supervision

26  of, any other state or jurisdiction as a result of a

27  conviction for committing, or attempting, soliciting, or

28  conspiring to commit, any of the criminal offenses proscribed

29  in the following statutes or similar offense in another

30  jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the

31  victim is a minor and the defendant is not the victim's

                                  21

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 1  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;

 2  s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

 3  847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or any

 4  similar offense committed in this state which has been

 5  redesignated from a former statute number to one of those

 6  listed in this subparagraph.

 7         Section 11.  For the purpose of incorporating the

 8  amendments made by this act to section 787.025, Florida

 9  Statutes, in references thereto, section 943.0585, Florida

10  Statutes, is reenacted to read:

11         943.0585  Court-ordered expunction of criminal history

12  records.--The courts of this state have jurisdiction over

13  their own procedures, including the maintenance, expunction,

14  and correction of judicial records containing criminal history

15  information to the extent such procedures are not inconsistent

16  with the conditions, responsibilities, and duties established

17  by this section. Any court of competent jurisdiction may order

18  a criminal justice agency to expunge the criminal history

19  record of a minor or an adult who complies with the

20  requirements of this section. The court shall not order a

21  criminal justice agency to expunge a criminal history record

22  until the person seeking to expunge a criminal history record

23  has applied for and received a certificate of eligibility for

24  expunction pursuant to subsection (2). A criminal history

25  record that relates to a violation of s. 787.025, chapter 794,

26  s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071,

27  chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.

28  893.135, or a violation enumerated in s. 907.041 may not be

29  expunged, without regard to whether adjudication was withheld,

30  if the defendant was found guilty of or pled guilty or nolo

31  contendere to the offense, or if the defendant, as a minor,

                                  22

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 1  was found to have committed, or pled guilty or nolo contendere

 2  to committing, the offense as a delinquent act. The court may

 3  only order expunction of a criminal history record pertaining

 4  to one arrest or one incident of alleged criminal activity,

 5  except as provided in this section. The court may, at its sole

 6  discretion, order the expunction of a criminal history record

 7  pertaining to more than one arrest if the additional arrests

 8  directly relate to the original arrest. If the court intends

 9  to order the expunction of records pertaining to such

10  additional arrests, such intent must be specified in the

11  order. A criminal justice agency may not expunge any record

12  pertaining to such additional arrests if the order to expunge

13  does not articulate the intention of the court to expunge a

14  record pertaining to more than one arrest. This section does

15  not prevent the court from ordering the expunction of only a

16  portion of a criminal history record pertaining to one arrest

17  or one incident of alleged criminal activity. Notwithstanding

18  any law to the contrary, a criminal justice agency may comply

19  with laws, court orders, and official requests of other

20  jurisdictions relating to expunction, correction, or

21  confidential handling of criminal history records or

22  information derived therefrom. This section does not confer

23  any right to the expunction of any criminal history record,

24  and any request for expunction of a criminal history record

25  may be denied at the sole discretion of the court.

26         (1)  PETITION TO EXPUNGE A CRIMINAL HISTORY

27  RECORD.--Each petition to a court to expunge a criminal

28  history record is complete only when accompanied by:

29         (a)  A certificate of eligibility for expunction issued

30  by the department pursuant to subsection (2).

31  

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 1         (b)  The petitioner's sworn statement attesting that

 2  the petitioner:

 3         1.  Has never, prior to the date on which the petition

 4  is filed, been adjudicated guilty of a criminal offense or

 5  comparable ordinance violation or adjudicated delinquent for

 6  committing a felony or a misdemeanor specified in s.

 7  943.051(3)(b).

 8         2.  Has not been adjudicated guilty of, or adjudicated

 9  delinquent for committing, any of the acts stemming from the

10  arrest or alleged criminal activity to which the petition

11  pertains.

12         3.  Has never secured a prior sealing or expunction of

13  a criminal history record under this section, former s.

14  893.14, former s. 901.33, or former s. 943.058, or from any

15  jurisdiction outside the state.

16         4.  Is eligible for such an expunction to the best of

17  his or her knowledge or belief and does not have any other

18  petition to expunge or any petition to seal pending before any

19  court.

20  

21  Any person who knowingly provides false information on such

22  sworn statement to the court commits a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior

26  to petitioning the court to expunge a criminal history record,

27  a person seeking to expunge a criminal history record shall

28  apply to the department for a certificate of eligibility for

29  expunction. The department shall, by rule adopted pursuant to

30  chapter 120, establish procedures pertaining to the

31  application for and issuance of certificates of eligibility

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 1  for expunction. The department shall issue a certificate of

 2  eligibility for expunction to a person who is the subject of a

 3  criminal history record if that person:

 4         (a)  Has obtained, and submitted to the department, a

 5  written, certified statement from the appropriate state

 6  attorney or statewide prosecutor which indicates:

 7         1.  That an indictment, information, or other charging

 8  document was not filed or issued in the case.

 9         2.  That an indictment, information, or other charging

10  document, if filed or issued in the case, was dismissed or

11  nolle prosequi by the state attorney or statewide prosecutor,

12  or was dismissed by a court of competent jurisdiction.

13         3.  That the criminal history record does not relate to

14  a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04,

15  s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133,

16  s. 847.0135, s. 847.0145, s. 893.135, or a violation

17  enumerated in s. 907.041, where the defendant was found guilty

18  of, or pled guilty or nolo contendere to any such offense, or

19  that the defendant, as a minor, was found to have committed,

20  or pled guilty or nolo contendere to committing, such an

21  offense as a delinquent act, without regard to whether

22  adjudication was withheld.

23         (b)  Remits a $75 processing fee to the department for

24  placement in the Department of Law Enforcement Operating Trust

25  Fund, unless such fee is waived by the executive director.

26         (c)  Has submitted to the department a certified copy

27  of the disposition of the charge to which the petition to

28  expunge pertains.

29         (d)  Has never, prior to the date on which the

30  application for a certificate of eligibility is filed, been

31  adjudicated guilty of a criminal offense or comparable

                                  25

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 1  ordinance violation or adjudicated delinquent for committing a

 2  felony or a misdemeanor specified in s. 943.051(3)(b).

 3         (e)  Has not been adjudicated guilty of, or adjudicated

 4  delinquent for committing, any of the acts stemming from the

 5  arrest or alleged criminal activity to which the petition to

 6  expunge pertains.

 7         (f)  Has never secured a prior sealing or expunction of

 8  a criminal history record under this section, former s.

 9  893.14, former s. 901.33, or former s. 943.058.

10         (g)  Is no longer under court supervision applicable to

11  the disposition of the arrest or alleged criminal activity to

12  which the petition to expunge pertains.

13         (h)  Is not required to wait a minimum of 10 years

14  prior to being eligible for an expunction of such records

15  because all charges related to the arrest or criminal activity

16  to which the petition to expunge pertains were dismissed prior

17  to trial, adjudication, or the withholding of adjudication.

18  Otherwise, such criminal history record must be sealed under

19  this section, former s. 893.14, former s. 901.33, or former s.

20  943.058 for at least 10 years before such record is eligible

21  for expunction.

22         (3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--

23         (a)  In judicial proceedings under this section, a copy

24  of the completed petition to expunge shall be served upon the

25  appropriate state attorney or the statewide prosecutor and

26  upon the arresting agency; however, it is not necessary to

27  make any agency other than the state a party. The appropriate

28  state attorney or the statewide prosecutor and the arresting

29  agency may respond to the court regarding the completed

30  petition to expunge.

31  

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 1         (b)  If relief is granted by the court, the clerk of

 2  the court shall certify copies of the order to the appropriate

 3  state attorney or the statewide prosecutor and the arresting

 4  agency. The arresting agency is responsible for forwarding the

 5  order to any other agency to which the arresting agency

 6  disseminated the criminal history record information to which

 7  the order pertains. The department shall forward the order to

 8  expunge to the Federal Bureau of Investigation. The clerk of

 9  the court shall certify a copy of the order to any other

10  agency which the records of the court reflect has received the

11  criminal history record from the court.

12         (c)  For an order to expunge entered by a court prior

13  to July 1, 1992, the department shall notify the appropriate

14  state attorney or statewide prosecutor of an order to expunge

15  which is contrary to law because the person who is the subject

16  of the record has previously been convicted of a crime or

17  comparable ordinance violation or has had a prior criminal

18  history record sealed or expunged. Upon receipt of such

19  notice, the appropriate state attorney or statewide prosecutor

20  shall take action, within 60 days, to correct the record and

21  petition the court to void the order to expunge. The

22  department shall seal the record until such time as the order

23  is voided by the court.

24         (d)  On or after July 1, 1992, the department or any

25  other criminal justice agency is not required to act on an

26  order to expunge entered by a court when such order does not

27  comply with the requirements of this section. Upon receipt of

28  such an order, the department must notify the issuing court,

29  the appropriate state attorney or statewide prosecutor, the

30  petitioner or the petitioner's attorney, and the arresting

31  agency of the reason for noncompliance. The appropriate state

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 1  attorney or statewide prosecutor shall take action within 60

 2  days to correct the record and petition the court to void the

 3  order. No cause of action, including contempt of court, shall

 4  arise against any criminal justice agency for failure to

 5  comply with an order to expunge when the petitioner for such

 6  order failed to obtain the certificate of eligibility as

 7  required by this section or such order does not otherwise

 8  comply with the requirements of this section.

 9         (4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any

10  criminal history record of a minor or an adult which is

11  ordered expunged by a court of competent jurisdiction pursuant

12  to this section must be physically destroyed or obliterated by

13  any criminal justice agency having custody of such record;

14  except that any criminal history record in the custody of the

15  department must be retained in all cases. A criminal history

16  record ordered expunged that is retained by the department is

17  confidential and exempt from the provisions of s. 119.07(1)

18  and s. 24(a), Art. I of the State Constitution and not

19  available to any person or entity except upon order of a court

20  of competent jurisdiction. A criminal justice agency may

21  retain a notation indicating compliance with an order to

22  expunge.

23         (a)  The person who is the subject of a criminal

24  history record that is expunged under this section or under

25  other provisions of law, including former s. 893.14, former s.

26  901.33, and former s. 943.058, may lawfully deny or fail to

27  acknowledge the arrests covered by the expunged record, except

28  when the subject of the record:

29         1.  Is a candidate for employment with a criminal

30  justice agency;

31         2.  Is a defendant in a criminal prosecution;

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 1         3.  Concurrently or subsequently petitions for relief

 2  under this section or s. 943.059;

 3         4.  Is a candidate for admission to The Florida Bar;

 4         5.  Is seeking to be employed or licensed by or to

 5  contract with the Department of Children and Family Services

 6  or the Department of Juvenile Justice or to be employed or

 7  used by such contractor or licensee in a sensitive position

 8  having direct contact with children, the developmentally

 9  disabled, the aged, or the elderly as provided in s.

10  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

11  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

12  985.407, or chapter 400; or

13         6.  Is seeking to be employed or licensed by the Office

14  of Teacher Education, Certification, Staff Development, and

15  Professional Practices of the Department of Education, any

16  district school board, or any local governmental entity that

17  licenses child care facilities.

18         (b)  Subject to the exceptions in paragraph (a), a

19  person who has been granted an expunction under this section,

20  former s. 893.14, former s. 901.33, or former s. 943.058 may

21  not be held under any provision of law of this state to commit

22  perjury or to be otherwise liable for giving a false statement

23  by reason of such person's failure to recite or acknowledge an

24  expunged criminal history record.

25         (c)  Information relating to the existence of an

26  expunged criminal history record which is provided in

27  accordance with paragraph (a) is confidential and exempt from

28  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

29  State Constitution, except that the department shall disclose

30  the existence of a criminal history record ordered expunged to

31  the entities set forth in subparagraphs (a)1., 4., 5., and 6.

                                  29

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 1  for their respective licensing and employment purposes, and to

 2  criminal justice agencies for their respective criminal

 3  justice purposes. It is unlawful for any employee of an entity

 4  set forth in subparagraph (a)1., subparagraph (a)4.,

 5  subparagraph (a)5., or subparagraph (a)6. to disclose

 6  information relating to the existence of an expunged criminal

 7  history record of a person seeking employment or licensure

 8  with such entity or contractor, except to the person to whom

 9  the criminal history record relates or to persons having

10  direct responsibility for employment or licensure decisions.

11  Any person who violates this paragraph commits a misdemeanor

12  of the first degree, punishable as provided in s. 775.082 or

13  s. 775.083.

14         (5)  STATUTORY REFERENCES.--Any reference to any other

15  chapter, section, or subdivision of the Florida Statutes in

16  this section constitutes a general reference under the

17  doctrine of incorporation by reference.

18         Section 12.  For the purpose of incorporating the

19  amendments made by this act to section 787.025, Florida

20  Statutes, in references thereto, section 943.059, Florida

21  Statutes, is reenacted to read:

22         943.059  Court-ordered sealing of criminal history

23  records.--The courts of this state shall continue to have

24  jurisdiction over their own procedures, including the

25  maintenance, sealing, and correction of judicial records

26  containing criminal history information to the extent such

27  procedures are not inconsistent with the conditions,

28  responsibilities, and duties established by this section. Any

29  court of competent jurisdiction may order a criminal justice

30  agency to seal the criminal history record of a minor or an

31  adult who complies with the requirements of this section. The

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 1  court shall not order a criminal justice agency to seal a

 2  criminal history record until the person seeking to seal a

 3  criminal history record has applied for and received a

 4  certificate of eligibility for sealing pursuant to subsection

 5  (2). A criminal history record that relates to a violation of

 6  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s.

 7  825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,

 8  s. 847.0145, s. 893.135, or a violation enumerated in s.

 9  907.041 may not be sealed, without regard to whether

10  adjudication was withheld, if the defendant was found guilty

11  of or pled guilty or nolo contendere to the offense, or if the

12  defendant, as a minor, was found to have committed or pled

13  guilty or nolo contendere to committing the offense as a

14  delinquent act. The court may only order sealing of a criminal

15  history record pertaining to one arrest or one incident of

16  alleged criminal activity, except as provided in this section.

17  The court may, at its sole discretion, order the sealing of a

18  criminal history record pertaining to more than one arrest if

19  the additional arrests directly relate to the original arrest.

20  If the court intends to order the sealing of records

21  pertaining to such additional arrests, such intent must be

22  specified in the order. A criminal justice agency may not seal

23  any record pertaining to such additional arrests if the order

24  to seal does not articulate the intention of the court to seal

25  records pertaining to more than one arrest. This section does

26  not prevent the court from ordering the sealing of only a

27  portion of a criminal history record pertaining to one arrest

28  or one incident of alleged criminal activity. Notwithstanding

29  any law to the contrary, a criminal justice agency may comply

30  with laws, court orders, and official requests of other

31  jurisdictions relating to sealing, correction, or confidential

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 1  handling of criminal history records or information derived

 2  therefrom. This section does not confer any right to the

 3  sealing of any criminal history record, and any request for

 4  sealing a criminal history record may be denied at the sole

 5  discretion of the court.

 6         (1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each

 7  petition to a court to seal a criminal history record is

 8  complete only when accompanied by:

 9         (a)  A certificate of eligibility for sealing issued by

10  the department pursuant to subsection (2).

11         (b)  The petitioner's sworn statement attesting that

12  the petitioner:

13         1.  Has never, prior to the date on which the petition

14  is filed, been adjudicated guilty of a criminal offense or

15  comparable ordinance violation or adjudicated delinquent for

16  committing a felony or a misdemeanor specified in s.

17  943.051(3)(b).

18         2.  Has not been adjudicated guilty of or adjudicated

19  delinquent for committing any of the acts stemming from the

20  arrest or alleged criminal activity to which the petition to

21  seal pertains.

22         3.  Has never secured a prior sealing or expunction of

23  a criminal history record under this section, former s.

24  893.14, former s. 901.33, former s. 943.058, or from any

25  jurisdiction outside the state.

26         4.  Is eligible for such a sealing to the best of his

27  or her knowledge or belief and does not have any other

28  petition to seal or any petition to expunge pending before any

29  court.

30  

31  

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 1  Any person who knowingly provides false information on such

 2  sworn statement to the court commits a felony of the third

 3  degree, punishable as provided in s. 775.082, s. 775.083, or

 4  s. 775.084.

 5         (2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to

 6  petitioning the court to seal a criminal history record, a

 7  person seeking to seal a criminal history record shall apply

 8  to the department for a certificate of eligibility for

 9  sealing. The department shall, by rule adopted pursuant to

10  chapter 120, establish procedures pertaining to the

11  application for and issuance of certificates of eligibility

12  for sealing. The department shall issue a certificate of

13  eligibility for sealing to a person who is the subject of a

14  criminal history record provided that such person:

15         (a)  Has submitted to the department a certified copy

16  of the disposition of the charge to which the petition to seal

17  pertains.

18         (b)  Remits a $75 processing fee to the department for

19  placement in the Department of Law Enforcement Operating Trust

20  Fund, unless such fee is waived by the executive director.

21         (c)  Has never, prior to the date on which the

22  application for a certificate of eligibility is filed, been

23  adjudicated guilty of a criminal offense or comparable

24  ordinance violation or adjudicated delinquent for committing a

25  felony or a misdemeanor specified in s. 943.051(3)(b).

26         (d)  Has not been adjudicated guilty of or adjudicated

27  delinquent for committing any of the acts stemming from the

28  arrest or alleged criminal activity to which the petition to

29  seal pertains.

30  

31  

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 1         (e)  Has never secured a prior sealing or expunction of

 2  a criminal history record under this section, former s.

 3  893.14, former s. 901.33, or former s. 943.058.

 4         (f)  Is no longer under court supervision applicable to

 5  the disposition of the arrest or alleged criminal activity to

 6  which the petition to seal pertains.

 7         (3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--

 8         (a)  In judicial proceedings under this section, a copy

 9  of the completed petition to seal shall be served upon the

10  appropriate state attorney or the statewide prosecutor and

11  upon the arresting agency; however, it is not necessary to

12  make any agency other than the state a party. The appropriate

13  state attorney or the statewide prosecutor and the arresting

14  agency may respond to the court regarding the completed

15  petition to seal.

16         (b)  If relief is granted by the court, the clerk of

17  the court shall certify copies of the order to the appropriate

18  state attorney or the statewide prosecutor and to the

19  arresting agency. The arresting agency is responsible for

20  forwarding the order to any other agency to which the

21  arresting agency disseminated the criminal history record

22  information to which the order pertains. The department shall

23  forward the order to seal to the Federal Bureau of

24  Investigation. The clerk of the court shall certify a copy of

25  the order to any other agency which the records of the court

26  reflect has received the criminal history record from the

27  court.

28         (c)  For an order to seal entered by a court prior to

29  July 1, 1992, the department shall notify the appropriate

30  state attorney or statewide prosecutor of any order to seal

31  which is contrary to law because the person who is the subject

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 1  of the record has previously been convicted of a crime or

 2  comparable ordinance violation or has had a prior criminal

 3  history record sealed or expunged. Upon receipt of such

 4  notice, the appropriate state attorney or statewide prosecutor

 5  shall take action, within 60 days, to correct the record and

 6  petition the court to void the order to seal. The department

 7  shall seal the record until such time as the order is voided

 8  by the court.

 9         (d)  On or after July 1, 1992, the department or any

10  other criminal justice agency is not required to act on an

11  order to seal entered by a court when such order does not

12  comply with the requirements of this section. Upon receipt of

13  such an order, the department must notify the issuing court,

14  the appropriate state attorney or statewide prosecutor, the

15  petitioner or the petitioner's attorney, and the arresting

16  agency of the reason for noncompliance. The appropriate state

17  attorney or statewide prosecutor shall take action within 60

18  days to correct the record and petition the court to void the

19  order. No cause of action, including contempt of court, shall

20  arise against any criminal justice agency for failure to

21  comply with an order to seal when the petitioner for such

22  order failed to obtain the certificate of eligibility as

23  required by this section or when such order does not comply

24  with the requirements of this section.

25         (e)  An order sealing a criminal history record

26  pursuant to this section does not require that such record be

27  surrendered to the court, and such record shall continue to be

28  maintained by the department and other criminal justice

29  agencies.

30         (4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A

31  criminal history record of a minor or an adult which is

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 1  ordered sealed by a court of competent jurisdiction pursuant

 2  to this section is confidential and exempt from the provisions

 3  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 4  and is available only to the person who is the subject of the

 5  record, to the subject's attorney, to criminal justice

 6  agencies for their respective criminal justice purposes, or to

 7  those entities set forth in subparagraphs (a)1., 4., 5., and

 8  6. for their respective licensing and employment purposes.

 9         (a)  The subject of a criminal history record sealed

10  under this section or under other provisions of law, including

11  former s. 893.14, former s. 901.33, and former s. 943.058, may

12  lawfully deny or fail to acknowledge the arrests covered by

13  the sealed record, except when the subject of the record:

14         1.  Is a candidate for employment with a criminal

15  justice agency;

16         2.  Is a defendant in a criminal prosecution;

17         3.  Concurrently or subsequently petitions for relief

18  under this section or s. 943.0585;

19         4.  Is a candidate for admission to The Florida Bar;

20         5.  Is seeking to be employed or licensed by or to

21  contract with the Department of Children and Family Services

22  or the Department of Juvenile Justice or to be employed or

23  used by such contractor or licensee in a sensitive position

24  having direct contact with children, the developmentally

25  disabled, the aged, or the elderly as provided in s.

26  110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.

27  402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.

28  415.103, s. 985.407, or chapter 400; or

29         6.  Is seeking to be employed or licensed by the Office

30  of Teacher Education, Certification, Staff Development, and

31  Professional Practices of the Department of Education, any

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 1  district school board, or any local governmental entity which

 2  licenses child care facilities.

 3         (b)  Subject to the exceptions in paragraph (a), a

 4  person who has been granted a sealing under this section,

 5  former s. 893.14, former s. 901.33, or former s. 943.058 may

 6  not be held under any provision of law of this state to commit

 7  perjury or to be otherwise liable for giving a false statement

 8  by reason of such person's failure to recite or acknowledge a

 9  sealed criminal history record.

10         (c)  Information relating to the existence of a sealed

11  criminal record provided in accordance with the provisions of

12  paragraph (a) is confidential and exempt from the provisions

13  of s. 119.07(1) and s. 24(a), Art. I of the State

14  Constitution, except that the department shall disclose the

15  sealed criminal history record to the entities set forth in

16  subparagraphs (a)1., 4., 5., and 6. for their respective

17  licensing and employment purposes. It is unlawful for any

18  employee of an entity set forth in subparagraph (a)1.,

19  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.

20  to disclose information relating to the existence of a sealed

21  criminal history record of a person seeking employment or

22  licensure with such entity or contractor, except to the person

23  to whom the criminal history record relates or to persons

24  having direct responsibility for employment or licensure

25  decisions. Any person who violates the provisions of this

26  paragraph commits a misdemeanor of the first degree,

27  punishable as provided in s. 775.082 or s. 775.083.

28         (5)  STATUTORY REFERENCES.--Any reference to any other

29  chapter, section, or subdivision of the Florida Statutes in

30  this section constitutes a general reference under the

31  doctrine of incorporation by reference.

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 1         Section 13.  For the purpose of incorporating the

 2  amendments made by this act to sections 787.01, 787.02, and

 3  787.025, Florida Statutes, in references thereto, paragraph

 4  (b) of subsection (1) of section 944.606, Florida Statutes, is

 5  reenacted to read:

 6         944.606  Sexual offenders; notification upon release.--

 7         (1)  As used in this section:

 8         (b)  "Sexual offender" means a person who has been

 9  convicted of committing, or attempting, soliciting, or

10  conspiring to commit, any of the criminal offenses proscribed

11  in the following statutes in this state or similar offenses in

12  another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,

13  where the victim is a minor and the defendant is not the

14  victim's parent; chapter 794, excluding ss. 794.011(10) and

15  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

16  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

17  or any similar offense committed in this state which has been

18  redesignated from a former statute number to one of those

19  listed in this subsection, when the department has received

20  verified information regarding such conviction; an offender's

21  computerized criminal history record is not, in and of itself,

22  verified information.

23         Section 14.  For the purpose of incorporating the

24  amendments made by this act to sections 787.01, 787.02, and

25  787.025, Florida Statutes, in references thereto, paragraph

26  (a) of subsection (1) of section 944.607, Florida Statutes, is

27  reenacted to read:

28         944.607  Notification to Department of Law Enforcement

29  of information on sexual offenders.--

30         (1)  As used in this section, the term:

31  

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 1         (a)  "Sexual offender" means a person who is in the

 2  custody or control of, or under the supervision of, the

 3  department or is in the custody of a private correctional

 4  facility:

 5         1.  On or after October 1, 1997, as a result of a

 6  conviction for committing, or attempting, soliciting, or

 7  conspiring to commit, any of the criminal offenses proscribed

 8  in the following statutes in this state or similar offenses in

 9  another jurisdiction:  s. 787.01, s. 787.02, or s. 787.025,

10  where the victim is a minor and the defendant is not the

11  victim's parent; chapter 794, excluding ss. 794.011(10) and

12  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

13  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

14  or any similar offense committed in this state which has been

15  redesignated from a former statute number to one of those

16  listed in this paragraph; or

17         2.  Who establishes or maintains a residence in this

18  state and who has not been designated as a sexual predator by

19  a court of this state but who has been designated as a sexual

20  predator, as a sexually violent predator, or by another sexual

21  offender designation in another state or jurisdiction and was,

22  as a result of such designation, subjected to registration or

23  community or public notification, or both, or would be if the

24  person were a resident of that state or jurisdiction.

25         Section 15.  For the purpose of incorporating the

26  amendments made by this act to sections 787.01, 787.02, and

27  787.025, Florida Statutes, in references thereto, subsection

28  (15) of section 948.01, Florida Statutes, is reenacted to

29  read:

30         948.01  When court may place defendant on probation or

31  into community control.--

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 1         (15)  Effective for an offense committed on or after

 2  July 1, 1998, a person is ineligible for placement on

 3  administrative probation if the person is sentenced to or is

 4  serving a term of probation or community control, regardless

 5  of the conviction or adjudication, for committing, or

 6  attempting, conspiring, or soliciting to commit, any of the

 7  felony offenses described in s. 787.01 or s. 787.02, where the

 8  victim is a minor and the defendant is not the victim's

 9  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

10  825.1025(2)(b); s. 827.071; s. 847.0133; s. 847.0135; or s.

11  847.0145.

12         Section 16.  For the purpose of incorporating the

13  amendments made by this act to section 787.025, Florida

14  Statutes, in references thereto, paragraph (a) of subsection

15  (2) of section 948.06, Florida Statutes, is reenacted to read:

16         948.06  Violation of probation or community control;

17  revocation; modification; continuance; failure to pay

18  restitution or cost of supervision.--

19         (2)(a)  When any state or local law enforcement agency

20  investigates or arrests a person for committing, or

21  attempting, soliciting, or conspiring to commit, a violation

22  of  s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071,

23  s. 847.0133, s. 847.0135, or s. 847.0145, the law enforcement

24  agency shall contact the Department of Corrections to verify

25  whether the person under investigation or under arrest is on

26  probation, community control, parole, conditional release, or

27  control release.

28         Section 17.  This act shall take effect October 1,

29  2004.

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 218

 3                                 

 4  Provides that luring or attempted luring of the child without
    the consent of the child's parent or legal guardian may be
 5  considered with other competent evidence in determing whether
    the luring or attempted luring was done for other than a
 6  lawful purpose.

 7  

 8  

 9  

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