| 1 | Representative Kyle offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 23 and 24 insert: |
| 5 | Section 1. Subsection (4) and paragraph (a) of subsection |
| 6 | (5) of section 775.21, Florida Statutes, are amended to read: |
| 7 | 775.21 The Florida Sexual Predators Act.-- |
| 8 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 9 | (a) For a current offense committed on or after October 1, |
| 10 | 1993, upon conviction, an offender shall be designated as a |
| 11 | "sexual predator" under subsection (5), and subject to |
| 12 | registration under subsection (6) and community and public |
| 13 | notification under subsection (7) if: |
| 14 | 1. The felony is: |
| 15 | a. A capital, life, or first-degree felony violation, or |
| 16 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 17 | is a minor and the defendant is not the victim's parent, or of |
| 18 | chapter 794, s. 800.04, or s. 847.0145, or a violation of a |
| 19 | similar law of another jurisdiction; or |
| 20 | b. Any felony violation, or any attempt thereof, of s. |
| 21 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
| 22 | and the defendant is not the victim's parent; chapter 794, |
| 23 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. |
| 24 | 825.1025(2)(b); s. 827.071; or s. 847.0145; or a violation of a |
| 25 | similar law of another jurisdiction, and the offender has |
| 26 | previously been adjudicated delinquent, or convicted of or found |
| 27 | to have committed, or has pled nolo contendere or guilty to, |
| 28 | regardless of adjudication, any violation of s. 787.01, s. |
| 29 | 787.02, or s. 787.025, where the victim is a minor and the |
| 30 | defendant is not the victim's parent; s. 794.011(2), (3), (4), |
| 31 | (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s. |
| 32 | 827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a |
| 33 | violation of a similar law of another jurisdiction; |
| 34 | 2. The offender has not received a pardon for any felony |
| 35 | or similar law of another jurisdiction that is necessary for the |
| 36 | operation of this paragraph; and |
| 37 | 3. A conviction of a felony or similar law of another |
| 38 | jurisdiction necessary to the operation of this paragraph has |
| 39 | not been set aside in any postconviction proceeding. |
| 40 | (b) In order to be counted as a prior felony for purposes |
| 41 | of this subsection, the felony must have resulted in a |
| 42 | conviction sentenced separately, or an adjudication of |
| 43 | delinquency entered separately, prior to the current offense and |
| 44 | sentenced or adjudicated separately from any other felony |
| 45 | conviction that is to be counted as a prior felony. |
| 46 | (b)(c) If an offender has been registered as a sexual |
| 47 | predator by the Department of Corrections, the department, or |
| 48 | any other law enforcement agency and if: |
| 49 | 1. The court did not, for whatever reason, make a written |
| 50 | finding at the time of sentencing that the offender was a sexual |
| 51 | predator; or |
| 52 | 2. The offender was administratively registered as a |
| 53 | sexual predator because the Department of Corrections, the |
| 54 | department, or any other law enforcement agency obtained |
| 55 | information that indicated that the offender met the criteria |
| 56 | for designation as a sexual predator based on a violation of a |
| 57 | similar law in another jurisdiction, |
| 58 |
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| 59 | the department shall remove that offender from the department's |
| 60 | list of sexual predators and, for an offender described under |
| 61 | subparagraph 1., shall notify the state attorney who prosecuted |
| 62 | the offense that met the criteria for administrative designation |
| 63 | as a sexual predator, and, for an offender described under this |
| 64 | subparagraph, shall notify the state attorney of the county |
| 65 | where the offender establishes or maintains a permanent or |
| 66 | temporary residence. The state attorney shall bring the matter |
| 67 | to the court's attention in order to establish that the offender |
| 68 | meets the criteria for designation as a sexual predator. If the |
| 69 | court makes a written finding that the offender is a sexual |
| 70 | predator, the offender must be designated as a sexual predator, |
| 71 | must register or be registered as a sexual predator with the |
| 72 | department as provided in subsection (6), and is subject to the |
| 73 | community and public notification as provided in subsection (7). |
| 74 | If the court does not make a written finding that the offender |
| 75 | is a sexual predator, the offender may not be designated as a |
| 76 | sexual predator with respect to that offense and is not required |
| 77 | to register or be registered as a sexual predator with the |
| 78 | department. |
| 79 | (c)(d) An offender who has been determined to be a |
| 80 | sexually violent predator pursuant to a civil commitment |
| 81 | proceeding under chapter 394 shall be designated as a "sexual |
| 82 | predator" under subsection (5) and subject to registration under |
| 83 | subsection (6) and community and public notification under |
| 84 | subsection (7). |
| 85 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
| 86 | designated as a sexual predator as follows: |
| 87 | (a)1. An offender who meets the sexual predator criteria |
| 88 | described in paragraph (4)(c)(d) is a sexual predator, and the |
| 89 | court shall make a written finding at the time such offender is |
| 90 | determined to be a sexually violent predator under chapter 394 |
| 91 | that such person meets the criteria for designation as a sexual |
| 92 | predator for purposes of this section. The clerk shall transmit |
| 93 | a copy of the order containing the written finding to the |
| 94 | department within 48 hours after the entry of the order; |
| 95 | 2. An offender who meets the sexual predator criteria |
| 96 | described in paragraph (4)(a) who is before the court for |
| 97 | sentencing for a current offense committed on or after October |
| 98 | 1, 1993, is a sexual predator, and the sentencing court must |
| 99 | make a written finding at the time of sentencing that the |
| 100 | offender is a sexual predator, and the clerk of the court shall |
| 101 | transmit a copy of the order containing the written finding to |
| 102 | the department within 48 hours after the entry of the order; or |
| 103 | 3. If the Department of Corrections, the department, or |
| 104 | any other law enforcement agency obtains information which |
| 105 | indicates that an offender who establishes or maintains a |
| 106 | permanent or temporary residence in this state meets the sexual |
| 107 | predator criteria described in paragraph (4)(a) or paragraph |
| 108 | (4)(c)(d) because the offender was civilly committed or |
| 109 | committed a similar violation in another jurisdiction on or |
| 110 | after October 1, 1993, the Department of Corrections, the |
| 111 | department, or the law enforcement agency shall notify the state |
| 112 | attorney of the county where the offender establishes or |
| 113 | maintains a permanent or temporary residence of the offender's |
| 114 | presence in the community. The state attorney shall file a |
| 115 | petition with the criminal division of the circuit court for the |
| 116 | purpose of holding a hearing to determine if the offender's |
| 117 | criminal record or record of civil commitment from another |
| 118 | jurisdiction meets the sexual predator criteria. If the court |
| 119 | finds that the offender meets the sexual predator criteria |
| 120 | because the offender has violated a similar law or similar laws |
| 121 | in another jurisdiction, the court shall make a written finding |
| 122 | that the offender is a sexual predator. |
| 123 |
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| 124 | When the court makes a written finding that an offender is a |
| 125 | sexual predator, the court shall inform the sexual predator of |
| 126 | the registration and community and public notification |
| 127 | requirements described in this section. Within 48 hours after |
| 128 | the court designating an offender as a sexual predator, the |
| 129 | clerk of the circuit court shall transmit a copy of the court's |
| 130 | written sexual predator finding to the department. If the |
| 131 | offender is sentenced to a term of imprisonment or supervision, |
| 132 | a copy of the court's written sexual predator finding must be |
| 133 | submitted to the Department of Corrections. |
| 134 |
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| 135 |
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| 136 | ======= T I T L E A M E N D M E N T ======= |
| 137 | Remove line 1 and insert: |
| 138 | An act relating to criminal justice; amending s. |
| 139 | 775.21, F.S.; including adjudications of delinquency |
| 140 | of specified offenses in criteria for determining |
| 141 | sexual predators; removing the requirement that prior |
| 142 | felonies be sentenced separately in order to be |
| 143 | counted for sexual predator designation purposes; |
| 144 | conforming cross-references; amending s. 921.0022, |