Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 640
                        Barcode 430134
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       03/15/2006 03:39 PM         .                    
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 787.025, Florida Statutes, is
19  amended to read:
20         787.025  Luring or enticing a child.--
21         (1)  As used in this section, the term:
22         (a)  "Structure" means a building of any kind, either
23  temporary or permanent, which has a roof over it, together
24  with the curtilage thereof.
25         (b)  "Dwelling" means a building or conveyance of any
26  kind, either temporary or permanent, mobile or immobile, which
27  has a roof over it and is designed to be occupied by people
28  lodging together therein at night, together with the curtilage
29  thereof.
30         (c)  "Conveyance" means any motor vehicle, ship,
31  vessel, railroad car, trailer, aircraft, or sleeping car.
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    11:53 AM   03/14/06                             s0640.ju32.01p

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 (d) "Convicted" means a determination of guilt which 2 is the result of a trial or the entry of a plea of guilty or 3 nolo contendere, regardless of whether adjudication is 4 withheld. 5 (2)(a) A person 18 years of age or over who 6 intentionally lures or entices, or attempts to lure or entice, 7 a child under the age of 12 into a structure, dwelling, or 8 conveyance for other than a lawful purpose commits a 9 misdemeanor of the first degree, punishable as provided in s. 10 775.082 or s. 775.083. 11 (b) A person 18 years of age or over who, having been 12 previously convicted of a violation of paragraph (a), 13 intentionally lures or entices, or attempts to lure or entice, 14 a child under the age of 12 into a structure, dwelling, or 15 conveyance for other than a lawful purpose commits a felony of 16 the third degree, punishable as provided in s. 775.082, s. 17 775.083, or s. 775.084. 18 (c) A person 18 years of age or over the age of 18 19 who, having been previously convicted of a violation of 20 chapter 794 or s. 800.04, or a violation of a similar law of 21 another jurisdiction, intentionally lures or entices, or 22 attempts to lure or entice, a child under the age of 12 into a 23 structure, dwelling, or conveyance for other than a lawful 24 purpose commits a felony of the third degree, punishable as 25 provided in s. 775.082, s. 775.083, or s. 775.084. 26 (b) For purposes of this section, the luring or 27 enticing, or attempted luring or enticing, of a child under 28 the age of 12 into a structure, dwelling, or conveyance 29 without the consent of the child's parent or legal guardian 30 shall be prima facie evidence of other than a lawful purpose. 31 (3) It is an affirmative defense to a prosecution 2 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 under this section that: 2 (a) The person reasonably believed that his or her 3 action was necessary to prevent the child from being seriously 4 injured. 5 (b) The person lured or enticed, or attempted to lure 6 or entice, the child under the age of 12 into a structure, 7 dwelling, or conveyance for a lawful purpose. 8 (c) The person's actions were reasonable under the 9 circumstances and the defendant did not have any intent to 10 harm the health, safety, or welfare of the child. 11 Section 2. Subsections (4) and (10) of section 775.21, 12 Florida Statutes, are amended to read: 13 775.21 The Florida Sexual Predators Act.-- 14 (4) SEXUAL PREDATOR CRITERIA.-- 15 (a) For a current offense committed on or after 16 October 1, 1993, upon conviction, an offender shall be 17 designated as a "sexual predator" under subsection (5), and 18 subject to registration under subsection (6) and community and 19 public notification under subsection (7) if: 20 1. The felony is: 21 a. A capital, life, or first-degree felony violation, 22 or any attempt thereof, of s. 787.01 or s. 787.02, where the 23 victim is a minor and the defendant is not the victim's 24 parent, or of chapter 794, s. 800.04, or s. 847.0145, or a 25 violation of a similar law of another jurisdiction; or 26 b. Any felony violation, or any attempt thereof, of s. 27 787.01, s. 787.02, or s. 787.025(2)(c) s. 787.025, where the 28 victim is a minor and the defendant is not the victim's 29 parent; chapter 794, excluding ss. 794.011(10) and 794.0235; 30 s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 31 847.0145; or a violation of a similar law of another 3 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 jurisdiction, and the offender has previously been convicted 2 of or found to have committed, or has pled nolo contendere or 3 guilty to, regardless of adjudication, any violation of s. 4 787.01, s. 787.02, or s. 787.025(2)(c) s. 787.025, where the 5 victim is a minor and the defendant is not the victim's 6 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 7 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 8 847.0135; or s. 847.0145, or a violation of a similar law of 9 another jurisdiction; 10 2. The offender has not received a pardon for any 11 felony or similar law of another jurisdiction that is 12 necessary for the operation of this paragraph; and 13 3. A conviction of a felony or similar law of another 14 jurisdiction necessary to the operation of this paragraph has 15 not been set aside in any postconviction proceeding. 16 (b) In order to be counted as a prior felony for 17 purposes of this subsection, the felony must have resulted in 18 a conviction sentenced separately, or an adjudication of 19 delinquency entered separately, prior to the current offense 20 and sentenced or adjudicated separately from any other felony 21 conviction that is to be counted as a prior felony. 22 (c) If an offender has been registered as a sexual 23 predator by the Department of Corrections, the department, or 24 any other law enforcement agency and if: 25 1. The court did not, for whatever reason, make a 26 written finding at the time of sentencing that the offender 27 was a sexual predator; or 28 2. The offender was administratively registered as a 29 sexual predator because the Department of Corrections, the 30 department, or any other law enforcement agency obtained 31 information that indicated that the offender met the criteria 4 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 for designation as a sexual predator based on a violation of a 2 similar law in another jurisdiction, 3 4 the department shall remove that offender from the 5 department's list of sexual predators and, for an offender 6 described under subparagraph 1., shall notify the state 7 attorney who prosecuted the offense that met the criteria for 8 administrative designation as a sexual predator, and, for an 9 offender described under this subparagraph, shall notify the 10 state attorney of the county where the offender establishes or 11 maintains a permanent or temporary residence. The state 12 attorney shall bring the matter to the court's attention in 13 order to establish that the offender meets the criteria for 14 designation as a sexual predator. If the court makes a written 15 finding that the offender is a sexual predator, the offender 16 must be designated as a sexual predator, must register or be 17 registered as a sexual predator with the department as 18 provided in subsection (6), and is subject to the community 19 and public notification as provided in subsection (7). If the 20 court does not make a written finding that the offender is a 21 sexual predator, the offender may not be designated as a 22 sexual predator with respect to that offense and is not 23 required to register or be registered as a sexual predator 24 with the department. 25 (d) An offender who has been determined to be a 26 sexually violent predator pursuant to a civil commitment 27 proceeding under chapter 394 shall be designated as a "sexual 28 predator" under subsection (5) and subject to registration 29 under subsection (6) and community and public notification 30 under subsection (7). 31 (10) PENALTIES.-- 5 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 (a) Except as otherwise specifically provided, a 2 sexual predator who fails to register; who fails, after 3 registration, to maintain, acquire, or renew a driver's 4 license or identification card; who fails to provide required 5 location information or change-of-name information; who fails 6 to make a required report in connection with vacating a 7 permanent residence; who fails to reregister as required; who 8 fails to respond to any address verification correspondence 9 from the department within 3 weeks of the date of the 10 correspondence; or who otherwise fails, by act or omission, to 11 comply with the requirements of this section, commits a felony 12 of the third degree, punishable as provided in s. 775.082, s. 13 775.083, or s. 775.084. 14 (b) A sexual predator who has been convicted of or 15 found to have committed, or has pled nolo contendere or guilty 16 to, regardless of adjudication, any violation, or attempted 17 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c) s. 18 787.025, where the victim is a minor and the defendant is not 19 the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. 20 794.05; s. 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 21 847.0145, or a violation of a similar law of another 22 jurisdiction, when the victim of the offense was a minor, and 23 who works, whether for compensation or as a volunteer, at any 24 business, school, day care center, park, playground, or other 25 place where children regularly congregate, commits a felony of 26 the third degree, punishable as provided in s. 775.082, s. 27 775.083, or s. 775.084. 28 (c) Any person who misuses public records information 29 relating to a sexual predator, as defined in this section, or 30 a sexual offender, as defined in s. 943.0435 or s. 944.607, to 31 secure a payment from such a predator or offender; who 6 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 knowingly distributes or publishes false information relating 2 to such a predator or offender which the person misrepresents 3 as being public records information; or who materially alters 4 public records information with the intent to misrepresent the 5 information, including documents, summaries of public records 6 information provided by law enforcement agencies, or public 7 records information displayed by law enforcement agencies on 8 websites or provided through other means of communication, 9 commits a misdemeanor of the first degree, punishable as 10 provided in s. 775.082 or s. 775.083. 11 (d) A sexual predator who commits any act or omission 12 in violation of this section may be prosecuted for the act or 13 omission in the county in which the act or omission was 14 committed, the county of the last registered address of the 15 sexual predator, or the county in which the conviction 16 occurred for the offense or offenses that meet the criteria 17 for designating a person as a sexual predator. In addition, a 18 sexual predator may be prosecuted for any such act or omission 19 in the county in which he or she was designated a sexual 20 predator. 21 (e) An arrest on charges of failure to register, the 22 service of an information or a complaint for a violation of 23 this section, or an arraignment on charges for a violation of 24 this section constitutes actual notice of the duty to register 25 when the predator has been provided and advised of his or her 26 statutory obligation to register under subsection (6). A 27 sexual predator's failure to immediately register as required 28 by this section following such arrest, service, or arraignment 29 constitutes grounds for a subsequent charge of failure to 30 register. A sexual predator charged with the crime of failure 31 to register who asserts, or intends to assert, a lack of 7 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 notice of the duty to register as a defense to a charge of 2 failure to register shall immediately register as required by 3 this section. A sexual predator who is charged with a 4 subsequent failure to register may not assert the defense of a 5 lack of notice of the duty to register. 6 (f) Registration following such arrest, service, or 7 arraignment is not a defense and does not relieve the sexual 8 predator of criminal liability for the failure to register. 9 (g) Any person who has reason to believe that a sexual 10 predator is not complying, or has not complied, with the 11 requirements of this section and who, with the intent to 12 assist the sexual predator in eluding a law enforcement agency 13 that is seeking to find the sexual predator to question the 14 sexual predator about, or to arrest the sexual predator for, 15 his or her noncompliance with the requirements of this 16 section: 17 1. Withholds information from, or does not notify, the 18 law enforcement agency about the sexual predator's 19 noncompliance with the requirements of this section, and, if 20 known, the whereabouts of the sexual predator; 21 2. Harbors, or attempts to harbor, or assists another 22 person in harboring or attempting to harbor, the sexual 23 predator; 24 3. Conceals or attempts to conceal, or assists another 25 person in concealing or attempting to conceal, the sexual 26 predator; or 27 4. Provides information to the law enforcement agency 28 regarding the sexual predator which the person knows to be 29 false information, 30 31 commits a felony of the third degree, punishable as provided 8 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does 2 not apply if the sexual predator is incarcerated in or is in 3 the custody of a state correctional facility, a private 4 correctional facility, a local jail, or a federal correctional 5 facility. 6 Section 3. Subsection (2) of section 794.0115, Florida 7 Statutes, is amended to read: 8 794.0115 Dangerous sexual felony offender; mandatory 9 sentencing.-- 10 (2) Any person who is convicted of a violation of s. 11 787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or 12 (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 13 827.071(2), (3), or (4); or s. 847.0145; or of any similar 14 offense under a former designation, which offense the person 15 committed when he or she was 18 years of age or older, and the 16 person: 17 (a) Caused serious personal injury to the victim as a 18 result of the commission of the offense; 19 (b) Used or threatened to use a deadly weapon during 20 the commission of the offense; 21 (c) Victimized more than one person during the course 22 of the criminal episode applicable to the offense; 23 (d) Committed the offense while under the jurisdiction 24 of a court for a felony offense under the laws of this state, 25 for an offense that is a felony in another jurisdiction, or 26 for an offense that would be a felony if that offense were 27 committed in this state; or 28 (e) Has previously been convicted of a violation of s. 29 787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or 30 (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 31 827.071(2), (3), or (4); s. 847.0145; of any offense under a 9 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 former statutory designation which is similar in elements to 2 an offense described in this paragraph; or of any offense that 3 is a felony in another jurisdiction, or would be a felony if 4 that offense were committed in this state, and which is 5 similar in elements to an offense described in this paragraph, 6 7 is a dangerous sexual felony offender, who must be sentenced 8 to a mandatory minimum term of 25 years imprisonment up to, 9 and including, life imprisonment. 10 Section 4. Paragraph (a) of subsection (1) of section 11 943.0435, Florida Statutes, is amended to read: 12 943.0435 Sexual offenders required to register with 13 the department; penalty.-- 14 (1) As used in this section, the term: 15 (a) "Sexual offender" means a person who: 16 1. Has been convicted of committing, or attempting, 17 soliciting, or conspiring to commit, any of the criminal 18 offenses proscribed in the following statutes in this state or 19 similar offenses in another jurisdiction: s. 787.01, s. 20 787.02, or s. 787.025(2)(c) s. 787.025, where the victim is a 21 minor and the defendant is not the victim's parent; chapter 22 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 23 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 24 847.0137; s. 847.0138; s. 847.0145; or any similar offense 25 committed in this state which has been redesignated from a 26 former statute number to one of those listed in this 27 subparagraph; and 28 2. Has been released on or after October 1, 1997, from 29 the sanction imposed for any conviction of an offense 30 described in subparagraph 1. For purposes of subparagraph 1., 31 a sanction imposed in this state or in any other jurisdiction 10 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 includes, but is not limited to, a fine, probation, community 2 control, parole, conditional release, control release, or 3 incarceration in a state prison, federal prison, private 4 correctional facility, or local detention facility; or 5 3. Establishes or maintains a residence in this state 6 and who has not been designated as a sexual predator by a 7 court of this state but who has been designated as a sexual 8 predator, as a sexually violent predator, or by another sexual 9 offender designation in another state or jurisdiction and was, 10 as a result of such designation, subjected to registration or 11 community or public notification, or both, or would be if the 12 person were a resident of that state or jurisdiction; or 13 4. Establishes or maintains a residence in this state 14 who is in the custody or control of, or under the supervision 15 of, any other state or jurisdiction as a result of a 16 conviction for committing, or attempting, soliciting, or 17 conspiring to commit, any of the criminal offenses proscribed 18 in the following statutes or similar offense in another 19 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c) s. 20 787.025, where the victim is a minor and the defendant is not 21 the victim's parent; chapter 794, excluding ss. 794.011(10) 22 and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; 23 s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 24 847.0145; or any similar offense committed in this state which 25 has been redesignated from a former statute number to one of 26 those listed in this subparagraph. 27 Section 5. Paragraph (b) of subsection (1) of section 28 944.606, Florida Statutes, is amended to read: 29 944.606 Sexual offenders; notification upon release.-- 30 (1) As used in this section: 31 (b) "Sexual offender" means a person who has been 11 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 convicted of committing, or attempting, soliciting, or 2 conspiring to commit, any of the criminal offenses proscribed 3 in the following statutes in this state or similar offenses in 4 another jurisdiction: s. 787.01, s. 787.02, or s. 5 787.025(2)(c) s. 787.025, where the victim is a minor and the 6 defendant is not the victim's parent; chapter 794, excluding 7 ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 8 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; 9 s. 847.0138; s. 847.0145; or any similar offense committed in 10 this state which has been redesignated from a former statute 11 number to one of those listed in this subsection, when the 12 department has received verified information regarding such 13 conviction; an offender's computerized criminal history record 14 is not, in and of itself, verified information. 15 Section 6. Paragraph (a) of subsection (1) of section 16 944.607, Florida Statutes, is amended to read: 17 944.607 Notification to Department of Law Enforcement 18 of information on sexual offenders.-- 19 (1) As used in this section, the term: 20 (a) "Sexual offender" means a person who is in the 21 custody or control of, or under the supervision of, the 22 department or is in the custody of a private correctional 23 facility: 24 1. On or after October 1, 1997, as a result of a 25 conviction for committing, or attempting, soliciting, or 26 conspiring to commit, any of the criminal offenses proscribed 27 in the following statutes in this state or similar offenses in 28 another jurisdiction: s. 787.01, s. 787.02, or s. 29 787.025(2)(c) s. 787.025, where the victim is a minor and the 30 defendant is not the victim's parent; chapter 794, excluding 31 ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 12 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; 2 s. 847.0138; s. 847.0145; or any similar offense committed in 3 this state which has been redesignated from a former statute 4 number to one of those listed in this paragraph; or 5 2. Who establishes or maintains a residence in this 6 state and who has not been designated as a sexual predator by 7 a court of this state but who has been designated as a sexual 8 predator, as a sexually violent predator, or by another sexual 9 offender designation in another state or jurisdiction and was, 10 as a result of such designation, subjected to registration or 11 community or public notification, or both, or would be if the 12 person were a resident of that state or jurisdiction. 13 Section 7. Subsection (1) of section 948.32, Florida 14 Statutes, is amended to read: 15 948.32 Requirements of law enforcement agency upon 16 arrest of persons for certain sex offenses.-- 17 (1) When any state or local law enforcement agency 18 investigates or arrests a person for committing, or 19 attempting, soliciting, or conspiring to commit, a violation 20 of s. 787.025(2)(c) s. 787.025, chapter 794, s. 796.03, s. 21 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, 22 the law enforcement agency shall contact the Department of 23 Corrections to verify whether the person under investigation 24 or under arrest is on probation, community control, parole, 25 conditional release, or control release. 26 Section 8. Subsection (8) of section 901.15, Florida 27 Statutes, is amended to read: 28 901.15 When arrest by officer without warrant is 29 lawful.--A law enforcement officer may arrest a person without 30 a warrant when: 31 (8) There is probable cause to believe that the person 13 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 has committed child abuse, as defined in s. 827.03, or has 2 violated s. 787.025, relating to luring or enticing a child 3 for unlawful purposes. The decision to arrest does shall not 4 require consent of the victim or consideration of the 5 relationship of the parties. It is the public policy of this 6 state to protect abused children by strongly encouraging the 7 arrest and prosecution of persons who commit child abuse. A 8 law enforcement officer who acts in good faith and exercises 9 due care in making an arrest under this subsection is immune 10 from civil liability that otherwise might result by reason of 11 his or her action. 12 Section 9. This act shall take effect July 1, 2006. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to luring or enticing a child; 22 amending s. 787.025, F.S.; defining the term 23 "convicted"; providing that a person 18 years 24 of age or over who intentionally lures or 25 entices, or attempts to lure or entice, a child 26 under the age of 12 into a structure, dwelling, 27 or conveyance for other than a lawful purpose 28 commits a misdemeanor of the first degree; 29 providing criminal penalties; providing that a 30 person who has previously been convicted of 31 this offense and who intentionally lures or 14 11:53 AM 03/14/06 s0640.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 640 Barcode 430134 1 entices, or attempts to lure or entice, a child 2 under the age of 12 into a structure, dwelling, 3 or conveyance for other than a lawful purpose 4 commits a felony of the third degree; providing 5 criminal penalties; deleting a presumption 6 regarding other than a lawful purpose; amending 7 ss. 775.21, 794.0115, 943.0435, 944.606, 8 944.607, and 948.32, F.S.; conforming 9 cross-references; amending s. 901.15, F.S.; 10 authorizing a law enforcement officer to arrest 11 a person without a warrant if there is probable 12 cause to believe that the person is 13 intentionally luring or enticing, or attempting 14 to lure or entice, a child under the age of 12 15 into a structure, dwelling, or conveyance for 16 other than a lawful purpose; providing an 17 effective date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 11:53 AM 03/14/06 s0640.ju32.01p