Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1216
Barcode 541738
CHAMBER ACTION
Senate House
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11 Senator Argenziano moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 4, line 28, through page 32, line 13, delete
15 those lines
16
17 and insert:
18 Section 2. Paragraph (l) of subsection (6), subsection
19 (8), and subsection (10) of section 775.21, Florida Statutes,
20 are amended to read:
21 775.21 The Florida Sexual Predators Act.--
22 (6) REGISTRATION.--
23 (l) A sexual predator must maintain registration with
24 the department for the duration of his or her life, unless the
25 sexual predator has received a full pardon or has had a
26 conviction set aside in a postconviction proceeding for any
27 offense that met the criteria for the sexual predator
28 designation. However, a sexual predator who was designated as
29 a sexual predator by a court before October 1, 1998, and who
30 has been lawfully released from confinement, supervision, or
31 sanction, whichever is later, for at least 10 years and has
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1 not been arrested for any felony or misdemeanor offense since
2 release, may petition the criminal division of the circuit
3 court in the circuit in which the sexual predator resides for
4 the purpose of removing the sexual predator designation. A
5 sexual predator who was designated a sexual predator by a
6 court on or after October 1, 1998, who has been lawfully
7 released from confinement, supervision, or sanction, whichever
8 is later, for at least 20 years, and who has not been arrested
9 for any felony or misdemeanor offense since release may
10 petition the criminal division of the circuit court in the
11 circuit in which the sexual predator resides for the purpose
12 of removing the sexual predator designation. A sexual predator
13 who was designated as a sexual predator by a court on or after
14 October 1, 2005, who has been lawfully released from
15 confinement, supervision, or sanction, whichever is later, for
16 at least 30 years, and who has not been arrested for any
17 felony or misdemeanor offense since release may petition the
18 criminal division of the circuit court in the circuit in which
19 the sexual predator resides for the purpose of removing the
20 sexual predator designation. The court may grant or deny such
21 relief if the petitioner demonstrates to the court that he or
22 she has not been arrested for any crime since release, the
23 requested relief complies with the provisions of the federal
24 Jacob Wetterling Act, as amended, and any other federal
25 standards applicable to the removal of the designation as a
26 sexual predator or required to be met as a condition for the
27 receipt of federal funds by the state, and the court is
28 otherwise satisfied that the petitioner is not a current or
29 potential threat to public safety. The state attorney in the
30 circuit in which the petition is filed must be given notice of
31 the petition at least 3 weeks before the hearing on the
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1 matter. The state attorney may present evidence in opposition
2 to the requested relief or may otherwise demonstrate the
3 reasons why the petition should be denied. If the court denies
4 the petition, the court may set a future date at which the
5 sexual predator may again petition the court for relief,
6 subject to the standards for relief provided in this
7 paragraph. Unless specified in the order, a sexual predator
8 who is granted relief under this paragraph must comply with
9 the requirements for registration as a sexual offender and
10 other requirements provided under s. 943.0435 or s. 944.607.
11 If a petitioner obtains an order from the court that imposed
12 the order designating the petitioner as a sexual predator
13 which removes such designation, the petitioner shall forward a
14 certified copy of the written findings or order to the
15 department in order to have the sexual predator designation
16 removed from the sexual predator registry.
17
18 The sheriff shall promptly provide to the department the
19 information received from the sexual predator.
20 (8) VERIFICATION.--The department and the Department
21 of Corrections shall implement a system for verifying the
22 addresses of sexual predators. The system must be consistent
23 with the provisions of the federal Jacob Wetterling Act, as
24 amended, and any other federal standards applicable to such
25 verification or required to be met as a condition for the
26 receipt of federal funds by the state. The Department of
27 Corrections shall verify the addresses of sexual predators who
28 are not incarcerated but who reside in the community under the
29 supervision of the Department of Corrections. County and local
30 law enforcement agencies, in conjunction with the department,
31 shall verify the addresses of sexual predators who are not
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1 under the care, custody, control, or supervision of the
2 Department of Corrections.
3 (a) A sexual predator must report in person each year
4 during the month of the sexual predator's birthday and during
5 the sixth month following the sexual predator's birth month to
6 the sheriff's office in the county in which he or she resides
7 or is otherwise located to reregister. The sheriff's office
8 may determine the appropriate times and days for reporting by
9 the sexual predator, which shall be consistent with the
10 reporting requirements of this paragraph. Reregistration shall
11 include any changes to the following information:
12 1. Name; social security number; age; race; sex; date
13 of birth; height; weight; hair and eye color; address of any
14 permanent residence and address of any current temporary
15 residence, within the state or out of state, including a rural
16 route address and a post office box; date and place of any
17 employment; vehicle make, model, color, and license tag
18 number; fingerprints; and photograph. A post office box shall
19 not be provided in lieu of a physical residential address.
20 2. If the sexual predator is enrolled, employed, or
21 carrying on a vocation at an institution of higher education
22 in this state, the sexual predator shall also provide to the
23 department the name, address, and county of each institution,
24 including each campus attended, and the sexual predator's
25 enrollment or employment status.
26 3. If the sexual predator's place of residence is a
27 motor vehicle, trailer, mobile home, or manufactured home, as
28 defined in chapter 320, the sexual predator shall also provide
29 vehicle identification number; the license tag number; the
30 registration number; and a description, including color
31 scheme, of the motor vehicle, trailer, mobile home, or
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1 manufactured home. If the sexual predator's place of residence
2 is a vessel, live-aboard vessel, or houseboat, as defined in
3 chapter 327, the sexual predator shall also provide the hull
4 identification number; the manufacturer's serial number; the
5 name of the vessel, live-aboard vessel, or houseboat; the
6 registration number; and a description, including color
7 scheme, of the vessel, live-aboard vessel, or houseboat.
8 (b) The sheriff's office shall, within 2 working days,
9 electronically submit and update all information provided by
10 the sexual predator to the department in a manner prescribed
11 by the department. This procedure shall be implemented by
12 December 1, 2005.
13 (10) PENALTIES.--.
14 (a) Except as otherwise specifically provided, a
15 sexual predator who fails to register; who fails, after
16 registration, to maintain, acquire, or renew a driver's
17 license or identification card; who fails to provide required
18 location information or change-of-name information; who fails
19 to make a required report in connection with vacating a
20 permanent residence; who fails to reregister as required; who
21 fails to respond to any address verification correspondence
22 from the department within three weeks of the date of the
23 correspondence; or who otherwise fails, by act or omission, to
24 comply with the requirements of this section, commits a felony
25 of the third degree, punishable as provided in s. 775.082, s.
26 775.083, or s. 775.084.
27 (b) A sexual predator who has been convicted of or
28 found to have committed, or has pled nolo contendere or guilty
29 to, regardless of adjudication, any violation, or attempted
30 violation, of 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
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1 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
2 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or
3 a violation of a similar law of another jurisdiction, when the
4 victim of the offense was a minor, and who works, whether for
5 compensation or as a volunteer, at any business, school, day
6 care center, park, playground, or other place where children
7 regularly congregate, commits a felony of the third degree,
8 punishable as provided in s. 775.082, s. 775.083, or s.
9 775.084.
10 (c) Any person who misuses public records information
11 relating to a sexual predator, as defined in this section, or
12 a sexual offender, as defined in s. 943.0435 or s. 944.607, to
13 secure a payment from such a predator or offender; who
14 knowingly distributes or publishes false information relating
15 to such a predator or offender which the person misrepresents
16 as being public records information; or who materially alters
17 public records information with the intent to misrepresent the
18 information, including documents, summaries of public records
19 information provided by law enforcement agencies, or public
20 records information displayed by law enforcement agencies on
21 websites or provided through other means of communication,
22 commits a misdemeanor of the first degree, punishable as
23 provided in s. 775.082 or s. 775.083.
24 (d) A sexual predator who commits any act or omission
25 in violation of this section may be prosecuted for the act or
26 omission in the county in which the act or omission was
27 committed, the county of the last registered address of the
28 sexual predator, or the county in which the conviction
29 occurred for the offense or offenses that meet the criteria
30 for designating a person as a sexual predator. In addition, a
31 sexual predator may be prosecuted for any such act or omission
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1 in the county in which he or she was designated a sexual
2 predator.
3 (e) An arrest on charges of failure to register, the
4 service of an information or a complaint for a violation of
5 this section, or an arraignment on charges for a violation of
6 this section constitutes actual notice of the duty to register
7 when the predator has been provided and advised of his or her
8 statutory obligation to register under subsection (6). A
9 sexual predator's failure to immediately register as required
10 by this section following such arrest, service, or arraignment
11 constitutes grounds for a subsequent charge of failure to
12 register. A sexual predator charged with the crime of failure
13 to register who asserts, or intends to assert, a lack of
14 notice of the duty to register as a defense to a charge of
15 failure to register shall immediately register as required by
16 this section. A sexual predator who is charged with a
17 subsequent failure to register may not assert the defense of a
18 lack of notice of the duty to register.
19 (f) Registration following such arrest, service, or
20 arraignment is not a defense and does not relieve the sexual
21 predator of criminal liability for the failure to register.
22 (g) Any person who knows that a sexual predator is not
23 complying, or has not complied, with the requirements of this
24 section and who, with the intent to assist the sexual predator
25 in eluding a law enforcement agency that is seeking to find
26 the sexual predator to question the sexual predator about, or
27 to arrest the sexual predator for, his or her noncompliance
28 with the requirements of this section:
29 1. Withholds information from, or does not notify, the
30 law enforcement agency about the sexual predator's
31 noncompliance with the requirements of this section, and, if
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1 known, the whereabouts of the sexual predator;
2 2. Harbors, or attempts to harbor, or assists another
3 person in harboring or attempting to harbor, the sexual
4 predator;
5 3. Hides or attempts to hide, or assists another
6 person in hiding or attempting to hide, the sexual predator;
7 or
8 4. Provides information to the law enforcement agency
9 regarding the sexual predator which the person knows to be
10 false information,
11
12 commits a felony of the third degree, punishable as provided
13 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does
14 not apply if the sexual predator is incarcerated in or is in
15 the custody of a state correctional facility, a private
16 correctional facility, a local jail, or a federal correctional
17 facility.
18 Section 3. Paragraph (a) of subsection (3) of section
19 775.082, Florida Statutes, is amended to read:
20 775.082 Penalties; applicability of sentencing
21 structures; mandatory minimum sentences for certain
22 reoffenders previously released from prison.--
23 (3) A person who has been convicted of any other
24 designated felony may be punished as follows:
25 (a)1. For a life felony committed prior to October 1,
26 1983, by a term of imprisonment for life or for a term of
27 years not less than 30.
28 2. For a life felony committed on or after October 1,
29 1983, by a term of imprisonment for life or by a term of
30 imprisonment not exceeding 40 years.
31 3. Except as provided in subparagraph 4., for a life
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1 felony committed on or after July 1, 1995, by a term of
2 imprisonment for life or by imprisonment for a term of years
3 not exceeding life imprisonment.
4 4. For a life felony committed on or after October 1,
5 2005, which is a violation of s. 800.04(5)(b), by:
6 a. A term of imprisonment for life, which shall be
7 incarceration of the person for the remainder of the person's
8 natural life; or
9 b. A split sentence that is a term of years not
10 exceeding life, followed by probation or community control for
11 the remainder of the person's natural life, as provided in s.
12 948.012(4).
13 Section 4. Paragraph (b) of subsection (5) of section
14 800.04, Florida Statutes, is amended to read:
15 800.04 Lewd or lascivious offenses committed upon or
16 in the presence of persons less than 16 years of age.--
17 (5) LEWD OR LASCIVIOUS MOLESTATION.--
18 (b) An offender 18 years of age or older who commits
19 lewd or lascivious molestation against a victim less than 12
20 years of age commits a life felony of the first degree,
21 punishable as provided in s. 775.082(3)(a)4. s. 775.082, s.
22 775.083, or s. 775.084.
23 Section 5. Paragraphs (f), (g), and (i) of subsection
24 (3) of section 921.0022, Florida Statutes, are amended to
25 read:
26 921.0022 Criminal Punishment Code; offense severity
27 ranking chart.--
28 (3) OFFENSE SEVERITY RANKING CHART
29
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1 Florida Felony
2 Statute Degree Description
3
4
5 (f) LEVEL 6
6 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
7 conviction.
8 499.0051(3) 2nd Forgery of pedigree papers.
9 499.0051(4) 2nd Purchase or receipt of legend
10 drug from unauthorized person.
11 499.0051(5) 2nd Sale of legend drug to
12 unauthorized person.
13 775.0875(1) 3rd Taking firearm from law
14 enforcement officer.
15 775.21(10) 3rd Sexual predators; failure to
16 register; failure to renew
17 driver's license or
18 identification card.
19 784.021(1)(a) 3rd Aggravated assault; deadly weapon
20 without intent to kill.
21 784.021(1)(b) 3rd Aggravated assault; intent to
22 commit felony.
23 784.041 3rd Felony battery.
24 784.048(3) 3rd Aggravated stalking; credible
25 threat.
26 784.048(5) 3rd Aggravated stalking of person
27 under 16.
28 784.07(2)(c) 2nd Aggravated assault on law
29 enforcement officer.
30 784.074(1)(b) 2nd Aggravated assault on sexually
31 violent predators facility staff.
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1 784.08(2)(b) 2nd Aggravated assault on a person 65
2 years of age or older.
3 784.081(2) 2nd Aggravated assault on specified
4 official or employee.
5 784.082(2) 2nd Aggravated assault by detained
6 person on visitor or other
7 detainee.
8 784.083(2) 2nd Aggravated assault on code
9 inspector.
10 787.02(2) 3rd False imprisonment; restraining
11 with purpose other than those in
12 s. 787.01.
13 790.115(2)(d) 2nd Discharging firearm or weapon on
14 school property.
15 790.161(2) 2nd Make, possess, or throw
16 destructive device with intent to
17 do bodily harm or damage
18 property.
19 790.164(1) 2nd False report of deadly explosive,
20 weapon of mass destruction, or
21 act of arson or violence to state
22 property.
23 790.19 2nd Shooting or throwing deadly
24 missiles into dwellings, vessels,
25 or vehicles.
26 794.011(8)(a) 3rd Solicitation of minor to
27 participate in sexual activity by
28 custodial adult.
29 794.05(1) 2nd Unlawful sexual activity with
30 specified minor.
31
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1 800.04(5)(d) 3rd Lewd or lascivious molestation;
2 victim 12 years of age or older
3 but less than 16 years; offender
4 less than 18 years.
5 800.04(6)(b) 2nd Lewd or lascivious conduct;
6 offender 18 years of age or
7 older.
8 806.031(2) 2nd Arson resulting in great bodily
9 harm to firefighter or any other
10 person.
11 810.02(3)(c) 2nd Burglary of occupied structure;
12 unarmed; no assault or battery.
13 812.014(2)(b)1. 2nd Property stolen $20,000 or more,
14 but less than $100,000, grand
15 theft in 2nd degree.
16 812.015(9) 2nd Retail theft; property stolen
17 $300 or more; second or
18 subsequent conviction.
19 812.13(2)(c) 2nd Robbery, no firearm or other
20 weapon (strong-arm robbery).
21 817.034(4)(a)1. 1st Communications fraud, value
22 greater than $50,000.
23 817.4821(5) 2nd Possess cloning paraphernalia
24 with intent to create cloned
25 cellular telephones.
26 825.102(1) 3rd Abuse of an elderly person or
27 disabled adult.
28 825.102(3)(c) 3rd Neglect of an elderly person or
29 disabled adult.
30 825.1025(3) 3rd Lewd or lascivious molestation of
31 an elderly person or disabled
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1 adult.
2 825.103(2)(c) 3rd Exploiting an elderly person or
3 disabled adult and property is
4 valued at less than $20,000.
5 827.03(1) 3rd Abuse of a child.
6 827.03(3)(c) 3rd Neglect of a child.
7 827.071(2)&(3) 2nd Use or induce a child in a sexual
8 performance, or promote or direct
9 such performance.
10 836.05 2nd Threats; extortion.
11 836.10 2nd Written threats to kill or do
12 bodily injury.
13 843.12 3rd Aids or assists person to escape.
14 847.0135(3) 3rd Solicitation of a child, via a
15 computer service, to commit an
16 unlawful sex act.
17 914.23 2nd Retaliation against a witness,
18 victim, or informant, with bodily
19 injury.
20 943.0435(9) 3rd Sex offenders; failure to comply
21 with reporting requirements.
22 944.35(3)(a)2. 3rd Committing malicious battery upon
23 or inflicting cruel or inhuman
24 treatment on an inmate or
25 offender on community
26 supervision, resulting in great
27 bodily harm.
28 944.40 2nd Escapes.
29 944.46 3rd Harboring, concealing, aiding
30 escaped prisoners.
31
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1 944.47(1)(a)5. 2nd Introduction of contraband
2 (firearm, weapon, or explosive)
3 into correctional facility.
4 951.22(1) 3rd Intoxicating drug, firearm, or
5 weapon introduced into county
6 facility.
7 (g) LEVEL 7
8 316.027(1)(b) 2nd Accident involving death, failure
9 to stop; leaving scene.
10 316.193(3)(c)2. 3rd DUI resulting in serious bodily
11 injury.
12 316.1935(3)(b) 1st Causing serious bodily injury or
13 death to another person; driving
14 at high speed or with wanton
15 disregard for safety while
16 fleeing or attempting to elude
17 law enforcement officer who is in
18 a patrol vehicle with siren and
19 lights activated.
20 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
21 bodily injury.
22 402.319(2) 2nd Misrepresentation and negligence
23 or intentional act resulting in
24 great bodily harm, permanent
25 disfiguration, permanent
26 disability, or death.
27 409.920(2) 3rd Medicaid provider fraud.
28 456.065(2) 3rd Practicing a health care
29 profession without a license.
30 456.065(2) 2nd Practicing a health care
31 profession without a license
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1 which results in serious bodily
2 injury.
3 458.327(1) 3rd Practicing medicine without a
4 license.
5 459.013(1) 3rd Practicing osteopathic medicine
6 without a license.
7 460.411(1) 3rd Practicing chiropractic medicine
8 without a license.
9 461.012(1) 3rd Practicing podiatric medicine
10 without a license.
11 462.17 3rd Practicing naturopathy without a
12 license.
13 463.015(1) 3rd Practicing optometry without a
14 license.
15 464.016(1) 3rd Practicing nursing without a
16 license.
17 465.015(2) 3rd Practicing pharmacy without a
18 license.
19 466.026(1) 3rd Practicing dentistry or dental
20 hygiene without a license.
21 467.201 3rd Practicing midwifery without a
22 license.
23 468.366 3rd Delivering respiratory care
24 services without a license.
25 483.828(1) 3rd Practicing as clinical laboratory
26 personnel without a license.
27 483.901(9) 3rd Practicing medical physics
28 without a license.
29 484.013(1)(c) 3rd Preparing or dispensing optical
30 devices without a prescription.
31
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1 484.053 3rd Dispensing hearing aids without a
2 license.
3 494.0018(2) 1st Conviction of any violation of
4 ss. 494.001-494.0077 in which the
5 total money and property
6 unlawfully obtained exceeded
7 $50,000 and there were five or
8 more victims.
9 560.123(8)(b)1. 3rd Failure to report currency or
10 payment instruments exceeding
11 $300 but less than $20,000 by
12 money transmitter.
13 560.125(5)(a) 3rd Money transmitter business by
14 unauthorized person, currency or
15 payment instruments exceeding
16 $300 but less than $20,000.
17 655.50(10)(b)1. 3rd Failure to report financial
18 transactions exceeding $300 but
19 less than $20,000 by financial
20 institution.
21 775.21(10)(a) 3rd Sexual predator; failure to
22 register; failure to renew
23 driver's license or
24 identification card; other
25 registration violations.
26 775.21(10)(b) 3rd Sexual predator working where
27 children regularly congregate.
28 775.21(10)(g) 3rd Failure to report or providing
29 false information about a sexual
30 predator; harbor or hide a sexual
31 predator.
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1 782.051(3) 2nd Attempted felony murder of a
2 person by a person other than the
3 perpetrator or the perpetrator of
4 an attempted felony.
5 782.07(1) 2nd Killing of a human being by the
6 act, procurement, or culpable
7 negligence of another
8 (manslaughter).
9 782.071 2nd Killing of human being or viable
10 fetus by the operation of a motor
11 vehicle in a reckless manner
12 (vehicular homicide).
13 782.072 2nd Killing of a human being by the
14 operation of a vessel in a
15 reckless manner (vessel
16 homicide).
17 784.045(1)(a)1. 2nd Aggravated battery; intentionally
18 causing great bodily harm or
19 disfigurement.
20 784.045(1)(a)2. 2nd Aggravated battery; using deadly
21 weapon.
22 784.045(1)(b) 2nd Aggravated battery; perpetrator
23 aware victim pregnant.
24 784.048(4) 3rd Aggravated stalking; violation of
25 injunction or court order.
26 784.048(7) 3rd Aggravated stalking; violation of
27 court order.
28 784.07(2)(d) 1st Aggravated battery on law
29 enforcement officer.
30 784.074(1)(a) 1st Aggravated battery on sexually
31 violent predators facility staff.
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1 784.08(2)(a) 1st Aggravated battery on a person 65
2 years of age or older.
3 784.081(1) 1st Aggravated battery on specified
4 official or employee.
5 784.082(1) 1st Aggravated battery by detained
6 person on visitor or other
7 detainee.
8 784.083(1) 1st Aggravated battery on code
9 inspector.
10 790.07(4) 1st Specified weapons violation
11 subsequent to previous conviction
12 of s. 790.07(1) or (2).
13 790.16(1) 1st Discharge of a machine gun under
14 specified circumstances.
15 790.165(2) 2nd Manufacture, sell, possess, or
16 deliver hoax bomb.
17 790.165(3) 2nd Possessing, displaying, or
18 threatening to use any hoax bomb
19 while committing or attempting to
20 commit a felony.
21 790.166(3) 2nd Possessing, selling, using, or
22 attempting to use a hoax weapon
23 of mass destruction.
24 790.166(4) 2nd Possessing, displaying, or
25 threatening to use a hoax weapon
26 of mass destruction while
27 committing or attempting to
28 commit a felony.
29 796.03 2nd Procuring any person under 16
30 years for prostitution.
31
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1 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
2 victim less than 12 years of age;
3 offender less than 18 years.
4 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
5 victim 12 years of age or older
6 but less than 16 years; offender
7 18 years or older.
8 806.01(2) 2nd Maliciously damage structure by
9 fire or explosive.
10 810.02(3)(a) 2nd Burglary of occupied dwelling;
11 unarmed; no assault or battery.
12 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
13 unarmed; no assault or battery.
14 810.02(3)(d) 2nd Burglary of occupied conveyance;
15 unarmed; no assault or battery.
16 812.014(2)(a)1. 1st Property stolen, valued at
17 $100,000 or more; property stolen
18 while causing other property
19 damage; 1st degree grand theft.
20 812.014(2)(b)2. 2nd Property stolen, cargo valued at
21 less than $50,000, grand theft in
22 2nd degree.
23 812.014(2)(b)3. 2nd Property stolen, emergency
24 medical equipment; 2nd degree
25 grand theft.
26 812.0145(2)(a) 1st Theft from person 65 years of age
27 or older; $50,000 or more.
28 812.019(2) 1st Stolen property; initiates,
29 organizes, plans, etc., the theft
30 of property and traffics in
31 stolen property.
19
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1 812.131(2)(a) 2nd Robbery by sudden snatching.
2 812.133(2)(b) 1st Carjacking; no firearm, deadly
3 weapon, or other weapon.
4 817.234(8)(a) 2nd Solicitation of motor vehicle
5 accident victims with intent to
6 defraud.
7 817.234(9) 2nd Organizing, planning, or
8 participating in an intentional
9 motor vehicle collision.
10 817.234(11)(c) 1st Insurance fraud; property value
11 $100,000 or more.
12 817.2341(2)(b)&
13 (3)(b) 1st Making false entries of material
14 fact or false statements
15 regarding property values
16 relating to the solvency of an
17 insuring entity which are a
18 significant cause of the
19 insolvency of that entity.
20 825.102(3)(b) 2nd Neglecting an elderly person or
21 disabled adult causing great
22 bodily harm, disability, or
23 disfigurement.
24 825.103(2)(b) 2nd Exploiting an elderly person or
25 disabled adult and property is
26 valued at $20,000 or more, but
27 less than $100,000.
28 827.03(3)(b) 2nd Neglect of a child causing great
29 bodily harm, disability, or
30 disfigurement.
31
20
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1 827.04(3) 3rd Impregnation of a child under 16
2 years of age by person 21 years
3 of age or older.
4 837.05(2) 3rd Giving false information about
5 alleged capital felony to a law
6 enforcement officer.
7 838.015 2nd Bribery.
8 838.016 2nd Unlawful compensation or reward
9 for official behavior.
10 838.021(3)(a) 2nd Unlawful harm to a public
11 servant.
12 838.22 2nd Bid tampering.
13 872.06 2nd Abuse of a dead human body.
14 893.13(1)(c)1. 1st Sell, manufacture, or deliver
15 cocaine (or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4.) within 1,000 feet of a
19 child care facility, school, or
20 state, county, or municipal park
21 or publicly owned recreational
22 facility or community center.
23 893.13(1)(e)1. 1st Sell, manufacture, or deliver
24 cocaine or other drug prohibited
25 under s. 893.03(1)(a), (1)(b),
26 (1)(d), (2)(a), (2)(b), or
27 (2)(c)4., within 1,000 feet of
28 property used for religious
29 services or a specified business
30 site.
31
21
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1 893.13(4)(a) 1st Deliver to minor cocaine (or
2 other s. 893.03(1)(a), (1)(b),
3 (1)(d), (2)(a), (2)(b), or
4 (2)(c)4. drugs).
5 893.135(1)(a)1. 1st Trafficking in cannabis, more
6 than 25 lbs., less than 2,000
7 lbs.
8 893.135
9 (1)(b)1.a. 1st Trafficking in cocaine, more than
10 28 grams, less than 200 grams.
11 893.135
12 (1)(c)1.a. 1st Trafficking in illegal drugs,
13 more than 4 grams, less than 14
14 grams.
15 893.135
16 (1)(d)1. 1st Trafficking in phencyclidine,
17 more than 28 grams, less than 200
18 grams.
19 893.135(1)(e)1. 1st Trafficking in methaqualone, more
20 than 200 grams, less than 5
21 kilograms.
22 893.135(1)(f)1. 1st Trafficking in amphetamine, more
23 than 14 grams, less than 28
24 grams.
25 893.135
26 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
27 grams or more, less than 14
28 grams.
29 893.135
30 (1)(h)1.a. 1st Trafficking in
31 gamma-hydroxybutyric acid (GHB),
22
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1 1 kilogram or more, less than 5
2 kilograms.
3 893.135
4 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
5 kilogram or more, less than 5
6 kilograms.
7 893.135
8 (1)(k)2.a. 1st Trafficking in Phenethylamines,
9 10 grams or more, less than 200
10 grams.
11 896.101(5)(a) 3rd Money laundering, financial
12 transactions exceeding $300 but
13 less than $20,000.
14 896.104(4)(a)1. 3rd Structuring transactions to evade
15 reporting or registration
16 requirements, financial
17 transactions exceeding $300 but
18 less than $20,000.
19 943.0435(4)(c) 2nd Sexual offender vacating
20 permanent residence; failure to
21 comply with reporting
22 requirements.
23 943.0435(8) 2nd Sexual offender; remains in state
24 after indicating intent to leave;
25 failure to comply with reporting
26 requirements.
27 943.0435(9)(a) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
30 943.0435(13) 3rd Failure to report or providing
31 false information about a sexual
23
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1 offender; harbor or hide a sexual
2 offender.
3 943.0435(14) 3rd Sexual offender; failure to
4 report and reregister; failure to
5 respond to address verification.
6 944.607(9) 3rd Sexual offender; failure to
7 comply with reporting
8 requirements.
9 944.607(10)(a) 3rd Sexual offender; failure to
10 submit to the taking of a
11 digitized photograph.
12 944.607(12) 3rd Failure to report or providing
13 false information about a sexual
14 offender; harbor or hide a sexual
15 offender.
16 944.607(13) 3rd Sexual offender; failure to
17 report and reregister; failure to
18 respond to address verification.
19 (i) LEVEL 9
20 316.193
21 (3)(c)3.b. 1st DUI manslaughter; failing to
22 render aid or give information.
23 327.35(3)(c)3.b. 1st BUI manslaughter; failing to
24 render aid or give information.
25 499.0053 1st Sale or purchase of contraband
26 legend drugs resulting in great
27 bodily harm.
28 560.123(8)(b)3. 1st Failure to report currency or
29 payment instruments totaling or
30 exceeding $100,000 by money
31 transmitter.
24
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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
25
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1 787.02(3)(a) 1st False imprisonment; child under
2 age 13; perpetrator also commits
3 aggravated child abuse, sexual
4 battery, or lewd or lascivious
5 battery, molestation, conduct, or
6 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) Life 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
26
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1 812.135(2)(b) 1st Home-invasion robbery with
2 weapon.
3 817.568(7) 2nd,PBL Fraudulent use of personal
4 identification information of an
5 individual under the age of 18 by
6 his or her parent, legal
7 guardian, or person exercising
8 custodial authority.
9 827.03(2) 1st Aggravated child abuse.
10 847.0145(1) 1st Selling, or otherwise
11 transferring custody or control,
12 of a minor.
13 847.0145(2) 1st Purchasing, or otherwise
14 obtaining custody or control, of
15 a minor.
16 859.01 1st Poisoning or introducing
17 bacteria, radioactive materials,
18 viruses, or chemical compounds
19 into food, drink, medicine, or
20 water with intent to kill or
21 injure another person.
22 893.135 1st Attempted capital trafficking
23 offense.
24 893.135(1)(a)3. 1st Trafficking in cannabis, more
25 than 10,000 lbs.
26 893.135
27 (1)(b)1.c. 1st Trafficking in cocaine, more than
28 400 grams, less than 150
29 kilograms.
30 893.135
31 (1)(c)1.c. 1st Trafficking in illegal drugs,
27
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1 more than 28 grams, less than 30
2 kilograms.
3 893.135
4 (1)(d)1.c. 1st Trafficking in phencyclidine,
5 more than 400 grams.
6 893.135
7 (1)(e)1.c. 1st Trafficking in methaqualone, more
8 than 25 kilograms.
9 893.135
10 (1)(f)1.c. 1st Trafficking in amphetamine, more
11 than 200 grams.
12 893.135
13 (1)(h)1.c. 1st Trafficking in
14 gamma-hydroxybutyric acid (GHB),
15 10 kilograms or more.
16 893.135
17 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10
18 kilograms or more.
19 893.135
20 (1)(k)2.c. 1st Trafficking in Phenethylamines,
21 400 grams or more.
22 896.101(5)(c) 1st Money laundering, financial
23 instruments totaling or exceeding
24 $100,000.
25 896.104(4)(a)3. 1st Structuring transactions to evade
26 reporting or registration
27 requirements, financial
28 transactions totaling or
29 exceeding $100,000.
30 Section 6. Paragraph (o) is added to subsection (5) of
31 section 921.141, Florida Statutes, to read:
28
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1 921.141 Sentence of death or life imprisonment for
2 capital felonies; further proceedings to determine sentence.--
3 (5) AGGRAVATING CIRCUMSTANCES.--Aggravating
4 circumstances shall be limited to the following:
5 (o) The capital felony was committed by a person
6 designated as a sexual predator pursuant to s. 775.21 or a
7 person previously designated as a sexual predator who had the
8 sexual-predator designation removed.
9 Section 7. Subsection (5) is added to section 943.043,
10 Florida Statutes, to read:
11 943.043 Toll-free telephone number; Internet
12 notification; sexual predator and sexual offender
13 information.--
14 (5) In an effort to ensure that sexual predators and
15 sexual offenders who fail to respond to address-verification
16 attempts or who otherwise abscond from registration are
17 located in a timely manner, the department shall share
18 information with local law enforcement agencies. The
19 department shall use analytical resources to assist local law
20 enforcement agencies to determine the potential whereabouts of
21 any sexual predator or sexual offender who fails to respond to
22 address-verification attempts or who otherwise absconds from
23 registration. The department shall review and analyze all
24 available information concerning any such predator or offender
25 who fails to respond to address-verification attempts or who
26 otherwise absconds from registration and provide the
27 information to local law enforcement agencies in order to
28 assist the agencies in locating and apprehending the sexual
29 predator or sexual offender.
30 Section 8. Subsections (13) and (14) are added to
31 section 943.0435, Florida Statutes, to read:
29
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1 943.0435 Sexual offenders required to register with
2 the department; penalty.--
3 (13) Any person who knows that a sexual offender is
4 not complying, or has not complied, with the requirements of
5 this section and who, with the intent to assist the sexual
6 offender in eluding a law enforcement agency that is seeking
7 to find the sexual offender to question the sexual offender
8 about, or to arrest the sexual offender for, his or her
9 noncompliance with the requirements of this section:
10 1. Withholds information from, or does not notify, the
11 law enforcement agency about the sexual offender's
12 noncompliance with the requirements of this section, and, if
13 known, the whereabouts of the sexual offender;
14 2. Harbors, or attempts to harbor, or assists another
15 person in harboring or attempting to harbor, the sexual
16 offender; or
17 3. Hides or attempts to hide, or assists another
18 person in hiding or attempting to hide, the sexual offender;
19 or
20 4. Provides information to the law enforcement agency
21 regarding the sexual offender that the person knows to be
22 false information,
23
24 commits a felony of the third degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084.
26 (14)(a) A sexual offender must report in person each
27 year during the month of the sexual offender's birthday and
28 during the sixth month following the sexual offender's birth
29 month to the sheriff's office in the county in which he or she
30 resides or is otherwise located to reregister. The sheriff's
31 office may determine the appropriate times and days for
30
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1 reporting by the sexual offender, which shall be consistent
2 with the reporting requirements of this paragraph.
3 Reregistration shall include any changes to the following
4 information:
5 1. Name; social security number; age; race; sex; date
6 of birth; height; weight; hair and eye color; address of any
7 permanent residence and address of any current temporary
8 residence, within the state or out of state, including a rural
9 route address and a post office box; date and place of any
10 employment; vehicle make, model, color, and license tag
11 number; fingerprints; and photograph. A post office box shall
12 not be provided in lieu of a physical residential address.
13 2. If the sexual offender is enrolled, employed, or
14 carrying on a vocation at an institution of higher education
15 in this state, the sexual offender shall also provide to the
16 department the name, address, and county of each institution,
17 including each campus attended, and the sexual offender's
18 enrollment or employment status.
19 3. If the sexual offender's place of residence is a
20 motor vehicle, trailer, mobile home, or manufactured home, as
21 defined in chapter 320, the sexual offender shall also provide
22 vehicle identification number; the license tag number; the
23 registration number; and a description, including color
24 scheme, of the motor vehicle, trailer, mobile home, or
25 manufactured home. If the sexual offender's place of residence
26 is a vessel, live-aboard vessel, or houseboat, as defined in
27 chapter 327, the sexual offender shall also provide the hull
28 identification number; the manufacturer's serial number; the
29 name of the vessel, live-aboard vessel, or houseboat; the
30 registration number; and a description, including color
31 scheme, of the vessel, live-aboard vessel or houseboat.
31
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1 4. Any sexual offender who fails to report in person
2 as required at the sheriff's office, or who fails to respond
3 to any address verification correspondence from the department
4 within three weeks of the date of the correspondence, commits
5 a felony of the third degree, punishable as provided in s.
6 775.082, s. 775.083, or s. 775.084.
7 (b) The sheriff's office shall, within 2 working days,
8 electronically submit and update all information provided by
9 the sexual offender to the department in a manner prescribed
10 by the department. This procedure shall be implemented by
11 December 1, 2005.
12 Section 9. Section 943.04352, Florida Statutes, is
13 created to read:
14 943.04352 Search of registration information regarding
15 sexual predators and sexual offenders required when placement
16 on misdemeanor probation.--When the court places a defendant
17 on misdemeanor probation pursuant to ss. 948.01 and 948.15,
18 the public or private entity providing probation services must
19 conduct a search of the probationer's name or other
20 identifying information against the registration information
21 regarding sexual predators and sexual offenders maintained by
22 the Department of Law Enforcement under s. 943.043. The
23 probation services provider may conduct the search using the
24 Internet site maintained by the Department of Law Enforcement.
25 Section 10. Subsections (12) and (13) are added to
26 section 944.607, Florida Statutes, to read:
27 944.607 Notification to Department of Law Enforcement
28 of information on sexual offenders.--
29 (12) Any person who knows that a sexual offender is
30 not complying, or has not complied, with the requirements of
31 this section and who, with the intent to assist the sexual
32
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1 offender in eluding a law enforcement agency that is seeking
2 to find the sexual offender to question the sexual offender
3 about, or to arrest the sexual offender for, his or her
4 noncompliance with the requirements of this section:
5 1. Withholds information from, or does not notify, the
6 law enforcement agency about the sexual offender's
7 non-compliance with the requirements of this section, and, if
8 known, the whereabouts of the sexual offender;
9 2. Harbors, or attempts to harbor, or assists another
10 person in harboring or attempting to harbor, the sexual
11 offender; or
12 3. Hides or attempts to hide, or assists another
13 person in hiding or attempting to hide, the sexual offender;
14 or
15 4. Provides information to the law enforcement agency
16 regarding the sexual offender which the person knows to be
17 false information,
18
19 commits a felony of the third degree, punishable as provided
20 in s. 775.082, s. 775.083, or s. 775.084. This subsection does
21 not apply if the sexual offender is incarcerated in or is in
22 the custody of a state correctional facility, a private
23 correctional facility, a local jail, or a federal correctional
24 facility.
25 (13)(a) A sexual offender must report in person each
26 year during the month of the sexual offender's birthday and
27 during the sixth month following the sexual offender's birth
28 month to the sheriff's office in the county in which he or she
29 resides or is otherwise located to reregister. The sheriff's
30 office may determine the appropriate times and days for
31 reporting by the sexual offender, which shall be consistent
33
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1 with the reporting requirements of this paragraph.
2 Reregistration shall include any changes to the following
3 information:
4 1.Name; social security number; age; race; sex; date of
5 birth; height; weight; hair and eye color; address of any
6 permanent residence and address of any current temporary
7 residence, within the state or out of state, including a rural
8 route address and a post office box; date and place of any
9 employment; vehicle make, model, color, and license tag
10 number; fingerprints; and photograph. A post office box shall
11 not be provided in lieu of a physical residential address.
12 2. If the sexual offender is enrolled, employed, or
13 carrying on a vocation at an institution of higher education
14 in this state, the sexual offender shall also provide to the
15 department the name, address, and county of each institution,
16 including each campus attended, and the sexual offender's
17 enrollment or employment status.
18 3. If the sexual offender's place of residence is a
19 motor vehicle, trailer, mobile home, or manufactured home, as
20 defined in chapter 320, the sexual offender shall also provide
21 vehicle identification number; the license tag number; the
22 registration number; and a description, including color
23 scheme, of the motor vehicle, trailer, mobile home, or
24 manufactured home. If the sexual offender's place of residence
25 is a vessel, live-aboard vessel, or houseboat, as defined in
26 chapter 327, the sexual offender shall also provide the hull
27 identification number; the manufacturer's serial number; the
28 name of the vessel, live-aboard vessel, or houseboat; the
29 registration number; and a description, including color
30 scheme, of the vessel, live-aboard vessel, or houseboat.
31 4. Any sexual offender who fails to report in person
34
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1 as required at the sheriff's office, or who fails to respond
2 to any address verification correspondence from the department
3 within three weeks of the date of the correspondence, commits
4 a felony of the third degree, punishable as provided in s.
5 775.082, s. 775.083, and s. 775.084.
6 (b) The sheriff's office shall, within 2 working days,
7 electronically submit and update all information provided by
8 the sexual offender to the Florida Department of Law
9 Enforcement in a manner prescribed by the Florida Department
10 of Law Enforcement. This procedure shall be implemented by
11 December 1, 2005.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 On page 1, line 6, through page 2, line 4, delete those
17 lines
18
19 and insert:
20 twice yearly reregistration by sexual
21 predators; requiring reregistration information
22 be provided to the Department of Law
23 Enforcement; providing criminal offenses for
24 failing to reregister, failing to respond to
25 address verification, failing to report or
26 providing false information about a sexual
27 predator, and harboring or hiding a sexual
28 predator; amending s. 775.082, F.S.; providing
29 for specified sentencing of persons convicted
30 of the life felony offense in s. 800.04(5)(b),
31 F.S.; amending s. 800.04, F.S.; providing that
35
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1 it is a life felony for an offender 18 years of
2 age or older to commit lewd or lascivious
3 molestation against a victim younger than 12
4 years of age; amending s. 921.0022, F.S.;
5 deleting ranking for offenses involving sexual
6 predators and sexual offenders failing to
7 comply with registration requirements; ranking
8 offenses involving sexual predators and sexual
9 offenders failing to comply with registration
10 requirements and other requirements; ranking
11 new criminal offenses for failing to
12 reregister, failing to respond to address
13 verification, failing to report or providing
14 false information about a sexual predator or
15 sexual offender, and harboring or hiding a
16 sexual predator or sexual offender; correcting
17 a reference to the felony degree of a lewd or
18 lascivious offense; amending s. 921.141, F.S.;
19 providing an additional aggravating
20 circumstance pertaining to sexual predators for
21 the purpose of imposing the death penalty;
22 amending s. 943.043, F.S., requiring the
23 Department of Law Enforcement to provide to
24 local law enforcement agencies information on
25 sexual predators and sexual offenders who fail
26 to respond to address verification attempts or
27 abscond from registration; amending s.
28 943.0435, F.S.; requiring twice yearly
29 reregistration by sexual offenders; requiring
30 reregistration information be provided to the
31 Department of Law Enforcement; providing
36
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1 criminal offenses for failing to reregister,
2 failing to respond to address verification,
3 failing to report or providing false
4 information about a sexual offender, and
5 harboring or hiding a sexual offender; creating
6 s. 943.04352, F.S.; requiring a search of the
7 sexual offender and sexual predator registry by
8 entities providing probation services; amending
9 s. 944.607, F.S.; requiring twice yearly
10 reregistration by sexual offenders; requiring
11 reregistration information be provided to the
12 Department of Law Enforcement; providing
13 criminal offenses for failing to reregister,
14 failing to respond to address verification,
15 failing to report or providing false
16 information about a sexual offender, and
17 harboring or hiding a sexual offender; amending
18
19
20
21
22
23
24
25
26
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2:44 PM 04/18/05 s1216.03cj.0e1