| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to luring or enticing a child; amending s. |
| 7 | 787.025, F.S.; defining the term "convicted"; providing |
| 8 | that a person 18 years of age or older who intentionally |
| 9 | lures or entices, or attempts to lure or entice, a child |
| 10 | under the age of 12 into a structure, dwelling, or |
| 11 | conveyance for other than a lawful purpose commits a |
| 12 | misdemeanor of the first degree; providing criminal |
| 13 | penalties; providing that a person who has previously been |
| 14 | convicted of this offense and who intentionally lures or |
| 15 | entices, or attempts to lure or entice, a child under the |
| 16 | age of 12 into a structure, dwelling, or conveyance for |
| 17 | other than a lawful purpose commits a felony of the third |
| 18 | degree; providing criminal penalties; deleting a |
| 19 | presumption regarding what constitutes other than a lawful |
| 20 | purpose; amending ss. 775.21, 794.0115, 943.0435, 944.606, |
| 21 | 944.607, and 948.32, F.S.; conforming cross-references; |
| 22 | amending s. 901.15, F.S.; authorizing a law enforcement |
| 23 | officer to arrest a person without a warrant if there is |
| 24 | probable cause to believe that the person is intentionally |
| 25 | luring or enticing, or attempting to lure or entice, a |
| 26 | child under the age of 12 into a structure, dwelling, or |
| 27 | conveyance for other than a lawful purpose; providing an |
| 28 | effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Subsections (1) and (2) of section 787.025, |
| 33 | Florida Statutes, are amended to read: |
| 34 | 787.025 Luring or enticing a child.-- |
| 35 | (1) As used in this section, the term: |
| 36 | (a) "Structure" means a building of any kind, either |
| 37 | temporary or permanent, which has a roof over it, together with |
| 38 | the curtilage thereof. |
| 39 | (b) "Dwelling" means a building or conveyance of any kind, |
| 40 | either temporary or permanent, mobile or immobile, which has a |
| 41 | roof over it and is designed to be occupied by people lodging |
| 42 | together therein at night, together with the curtilage thereof. |
| 43 | (c) "Conveyance" means any motor vehicle, ship, vessel, |
| 44 | railroad car, trailer, aircraft, or sleeping car. |
| 45 | (d) "Convicted" means a determination of guilt which is |
| 46 | the result of a trial or the entry of a plea of guilty or nolo |
| 47 | contendere, regardless of whether adjudication is withheld. |
| 48 | (2)(a) A person 18 years of age or older who intentionally |
| 49 | lures or entices, or attempts to lure or entice, a child under |
| 50 | the age of 12 into a structure, dwelling, or conveyance for |
| 51 | other than a lawful purpose commits a misdemeanor of the first |
| 52 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 53 | (b) A person 18 years of age or older who, having been |
| 54 | previously convicted of a violation of paragraph (a), |
| 55 | intentionally lures or entices, or attempts to lure or entice, a |
| 56 | child under the age of 12 into a structure, dwelling, or |
| 57 | conveyance for other than a lawful purpose commits a felony of |
| 58 | the third degree, punishable as provided in s. 775.082, s. |
| 59 | 775.083, or s. 775.084. |
| 60 | (c) A person over the age of 18 years of age or older who, |
| 61 | having been previously convicted of a violation of chapter 794 |
| 62 | or s. 800.04, or a violation of a similar law of another |
| 63 | jurisdiction, intentionally lures or entices, or attempts to |
| 64 | lure or entice, a child under the age of 12 into a structure, |
| 65 | dwelling, or conveyance for other than a lawful purpose commits |
| 66 | a felony of the third degree, punishable as provided in s. |
| 67 | 775.082, s. 775.083, or s. 775.084. |
| 68 | (b) For purposes of this section, the luring or enticing, |
| 69 | or attempted luring or enticing, of a child under the age of 12 |
| 70 | into a structure, dwelling, or conveyance without the consent of |
| 71 | the child's parent or legal guardian shall be prima facie |
| 72 | evidence of other than a lawful purpose. |
| 73 | Section 2. Paragraph (a) of subsection (4) and paragraph |
| 74 | (b) of subsection (10) of section 775.21, Florida Statutes, are |
| 75 | amended to read: |
| 76 | 775.21 The Florida Sexual Predators Act.-- |
| 77 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 78 | (a) For a current offense committed on or after October 1, |
| 79 | 1993, upon conviction, an offender shall be designated as a |
| 80 | "sexual predator" under subsection (5), and subject to |
| 81 | registration under subsection (6) and community and public |
| 82 | notification under subsection (7) if: |
| 83 | 1. The felony is: |
| 84 | a. A capital, life, or first-degree felony violation, or |
| 85 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 86 | is a minor and the defendant is not the victim's parent, or of |
| 87 | chapter 794, s. 800.04, or s. 847.0145, or a violation of a |
| 88 | similar law of another jurisdiction; or |
| 89 | b. Any felony violation, or any attempt thereof, of s. |
| 90 | 787.01, s. 787.02, or s. 787.025(2)(c) 787.025, where the victim |
| 91 | is a minor and the defendant is not the victim's parent; chapter |
| 92 | 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; s. |
| 93 | 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a |
| 94 | violation of a similar law of another jurisdiction, and the |
| 95 | offender has previously been convicted of or found to have |
| 96 | committed, or has pled nolo contendere or guilty to, regardless |
| 97 | of adjudication, any violation of s. 787.01, s. 787.02, or s. |
| 98 | 787.025(2)(c) s. 787.025, where the victim is a minor and the |
| 99 | defendant is not the victim's parent; s. 794.011(2), (3), (4), |
| 100 | (5), or (8); s. 794.05; s. 796.03; s. 800.04; s. 825.1025; s. |
| 101 | 827.071; s. 847.0133; s. 847.0135; or s. 847.0145, or a |
| 102 | violation of a similar law of another jurisdiction; |
| 103 | 2. The offender has not received a pardon for any felony |
| 104 | or similar law of another jurisdiction that is necessary for the |
| 105 | operation of this paragraph; and |
| 106 | 3. A conviction of a felony or similar law of another |
| 107 | jurisdiction necessary to the operation of this paragraph has |
| 108 | not been set aside in any postconviction proceeding. |
| 109 | (10) PENALTIES.-- |
| 110 | (b) A sexual predator who has been convicted of or found |
| 111 | to have committed, or has pled nolo contendere or guilty to, |
| 112 | regardless of adjudication, any violation, or attempted |
| 113 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c) s. |
| 114 | 787.025, where the victim is a minor and the defendant is not |
| 115 | the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. |
| 116 | 794.05; s. 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. |
| 117 | 847.0145, or a violation of a similar law of another |
| 118 | jurisdiction, when the victim of the offense was a minor, and |
| 119 | who works, whether for compensation or as a volunteer, at any |
| 120 | business, school, day care center, park, playground, or other |
| 121 | place where children regularly congregate, commits a felony of |
| 122 | the third degree, punishable as provided in s. 775.082, s. |
| 123 | 775.083, or s. 775.084. |
| 124 | Section 3. Subsection (2) of section 794.0115, Florida |
| 125 | Statutes, is amended to read: |
| 126 | 794.0115 Dangerous sexual felony offender; mandatory |
| 127 | sentencing.-- |
| 128 | (2) Any person who is convicted of a violation of s. |
| 129 | 787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or (8); |
| 130 | s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), |
| 131 | or (4); or s. 847.0145; or of any similar offense under a former |
| 132 | designation, which offense the person committed when he or she |
| 133 | was 18 years of age or older, and the person: |
| 134 | (a) Caused serious personal injury to the victim as a |
| 135 | result of the commission of the offense; |
| 136 | (b) Used or threatened to use a deadly weapon during the |
| 137 | commission of the offense; |
| 138 | (c) Victimized more than one person during the course of |
| 139 | the criminal episode applicable to the offense; |
| 140 | (d) Committed the offense while under the jurisdiction of |
| 141 | a court for a felony offense under the laws of this state, for |
| 142 | an offense that is a felony in another jurisdiction, or for an |
| 143 | offense that would be a felony if that offense were committed in |
| 144 | this state; or |
| 145 | (e) Has previously been convicted of a violation of s. |
| 146 | 787.025(2)(c) s. 787.025; s. 794.011(2), (3), (4), (5), or (8); |
| 147 | s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), |
| 148 | or (4); s. 847.0145; of any offense under a former statutory |
| 149 | designation which is similar in elements to an offense described |
| 150 | in this paragraph; or of any offense that is a felony in another |
| 151 | jurisdiction, or would be a felony if that offense were |
| 152 | committed in this state, and which is similar in elements to an |
| 153 | offense described in this paragraph, |
| 154 |
|
| 155 | is a dangerous sexual felony offender, who must be sentenced to |
| 156 | a mandatory minimum term of 25 years imprisonment up to, and |
| 157 | including, life imprisonment. |
| 158 | Section 4. Paragraph (a) of subsection (1) of section |
| 159 | 943.0435, Florida Statutes, is amended to read: |
| 160 | 943.0435 Sexual offenders required to register with the |
| 161 | department; penalty.-- |
| 162 | (1) As used in this section, the term: |
| 163 | (a) "Sexual offender" means a person who: |
| 164 | 1. Has been convicted of committing, or attempting, |
| 165 | soliciting, or conspiring to commit, any of the criminal |
| 166 | offenses proscribed in the following statutes in this state or |
| 167 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 168 | or s. 787.025(2)(c) s. 787.025, where the victim is a minor and |
| 169 | the defendant is not the victim's parent; chapter 794, excluding |
| 170 | ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; |
| 171 | s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; |
| 172 | s. 847.0145; or any similar offense committed in this state |
| 173 | which has been redesignated from a former statute number to one |
| 174 | of those listed in this subparagraph; and |
| 175 | 2. Has been released on or after October 1, 1997, from the |
| 176 | sanction imposed for any conviction of an offense described in |
| 177 | subparagraph 1. For purposes of subparagraph 1., a sanction |
| 178 | imposed in this state or in any other jurisdiction includes, but |
| 179 | is not limited to, a fine, probation, community control, parole, |
| 180 | conditional release, control release, or incarceration in a |
| 181 | state prison, federal prison, private correctional facility, or |
| 182 | local detention facility; or |
| 183 | 3. Establishes or maintains a residence in this state and |
| 184 | who has not been designated as a sexual predator by a court of |
| 185 | this state but who has been designated as a sexual predator, as |
| 186 | a sexually violent predator, or by another sexual offender |
| 187 | designation in another state or jurisdiction and was, as a |
| 188 | result of such designation, subjected to registration or |
| 189 | community or public notification, or both, or would be if the |
| 190 | person were a resident of that state or jurisdiction; or |
| 191 | 4. Establishes or maintains a residence in this state who |
| 192 | is in the custody or control of, or under the supervision of, |
| 193 | any other state or jurisdiction as a result of a conviction for |
| 194 | committing, or attempting, soliciting, or conspiring to commit, |
| 195 | any of the criminal offenses proscribed in the following |
| 196 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 197 | s. 787.02, or s. 787.025(2)(c) s. 787.025, where the victim is a |
| 198 | minor and the defendant is not the victim's parent; chapter 794, |
| 199 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. |
| 200 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
| 201 | 847.0138; s. 847.0145; or any similar offense committed in this |
| 202 | state which has been redesignated from a former statute number |
| 203 | to one of those listed in this subparagraph. |
| 204 | Section 5. Paragraph (b) of subsection (1) of section |
| 205 | 944.606, Florida Statutes, is amended to read: |
| 206 | 944.606 Sexual offenders; notification upon release.-- |
| 207 | (1) As used in this section: |
| 208 | (b) "Sexual offender" means a person who has been |
| 209 | convicted of committing, or attempting, soliciting, or |
| 210 | conspiring to commit, any of the criminal offenses proscribed in |
| 211 | the following statutes in this state or similar offenses in |
| 212 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c) |
| 213 | s. 787.025, where the victim is a minor and the defendant is not |
| 214 | the victim's parent; chapter 794, excluding ss. 794.011(10) and |
| 215 | 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
| 216 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
| 217 | any similar offense committed in this state which has been |
| 218 | redesignated from a former statute number to one of those listed |
| 219 | in this subsection, when the department has received verified |
| 220 | information regarding such conviction; an offender's |
| 221 | computerized criminal history record is not, in and of itself, |
| 222 | verified information. |
| 223 | Section 6. Paragraph (a) of subsection (1) of section |
| 224 | 944.607, Florida Statutes, is amended to read: |
| 225 | 944.607 Notification to Department of Law Enforcement of |
| 226 | information on sexual offenders.-- |
| 227 | (1) As used in this section, the term: |
| 228 | (a) "Sexual offender" means a person who is in the custody |
| 229 | or control of, or under the supervision of, the department or is |
| 230 | in the custody of a private correctional facility: |
| 231 | 1. On or after October 1, 1997, as a result of a |
| 232 | conviction for committing, or attempting, soliciting, or |
| 233 | conspiring to commit, any of the criminal offenses proscribed in |
| 234 | the following statutes in this state or similar offenses in |
| 235 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c) |
| 236 | s. 787.025, where the victim is a minor and the defendant is not |
| 237 | the victim's parent; chapter 794, excluding ss. 794.011(10) and |
| 238 | 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
| 239 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
| 240 | any similar offense committed in this state which has been |
| 241 | redesignated from a former statute number to one of those listed |
| 242 | in this paragraph; or |
| 243 | 2. Who establishes or maintains a residence in this state |
| 244 | and who has not been designated as a sexual predator by a court |
| 245 | of this state but who has been designated as a sexual predator, |
| 246 | as a sexually violent predator, or by another sexual offender |
| 247 | designation in another state or jurisdiction and was, as a |
| 248 | result of such designation, subjected to registration or |
| 249 | community or public notification, or both, or would be if the |
| 250 | person were a resident of that state or jurisdiction. |
| 251 | Section 7. Subsection (1) of section 948.32, Florida |
| 252 | Statutes, is amended to read: |
| 253 | 948.32 Requirements of law enforcement agency upon arrest |
| 254 | of persons for certain sex offenses.-- |
| 255 | (1) When any state or local law enforcement agency |
| 256 | investigates or arrests a person for committing, or attempting, |
| 257 | soliciting, or conspiring to commit, a violation of s. |
| 258 | 787.025(2)(c) s. 787.025, chapter 794, s. 796.03, s. 800.04, s. |
| 259 | 827.071, s. 847.0133, s. 847.0135, or s. 847.0145, the law |
| 260 | enforcement agency shall contact the Department of Corrections |
| 261 | to verify whether the person under investigation or under arrest |
| 262 | is on probation, community control, parole, conditional release, |
| 263 | or control release. |
| 264 | Section 8. Subsection (8) of section 901.15, Florida |
| 265 | Statutes, is amended to read: |
| 266 | 901.15 When arrest by officer without warrant is |
| 267 | lawful.--A law enforcement officer may arrest a person without a |
| 268 | warrant when: |
| 269 | (8) There is probable cause to believe that the person has |
| 270 | committed child abuse, as defined in s. 827.03, or has violated |
| 271 | s. 787.025, relating to luring or enticing a child for unlawful |
| 272 | purposes. The decision to arrest does shall not require consent |
| 273 | of the victim or consideration of the relationship of the |
| 274 | parties. It is the public policy of this state to protect abused |
| 275 | children by strongly encouraging the arrest and prosecution of |
| 276 | persons who commit child abuse. A law enforcement officer who |
| 277 | acts in good faith and exercises due care in making an arrest |
| 278 | under this subsection is immune from civil liability that |
| 279 | otherwise might result by reason of his or her action. |
| 280 | Section 9. This act shall take effect July 1, 2006. |