| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenses involving minors; |
| 3 | amending s. 787.025, F.S.; increasing the age limit of the |
| 4 | victim with regard to the criminal offense of luring or |
| 5 | enticing a child; amending s. 800.04, F.S.; increasing the |
| 6 | upper age limit of the victim from 16 years of age to 18 |
| 7 | years of age with regard to certain lewd and lascivious |
| 8 | offenses; amending s. 827.04, F.S.; conforming a |
| 9 | provision; reenacting ss. 775.084(1)(d), 775.21(4)(a) and |
| 10 | (10)(b), 794.0115(2), 943.0435(1)(a), 944.606(1)(b), |
| 11 | 944.607(1)(a), 948.06(8)(c), and 948.32(1), F.S., relating |
| 12 | to violent career criminals, habitual felony offenders and |
| 13 | habitual violent felony offenders, and three-time violent |
| 14 | felony offenders, sexual predator criteria, mandatory |
| 15 | sentencing for dangerous sexual felony offenders, the |
| 16 | registration requirement for sexual offenders, |
| 17 | notification upon release of sexual offenders, |
| 18 | notification of information on sexual offenders to the |
| 19 | Department of Law Enforcement, additional requirements |
| 20 | regarding a probationer or offender in community control, |
| 21 | and requirements regarding the arrest of persons for |
| 22 | certain sexual offenses, respectively, to incorporate the |
| 23 | amendments to ss. 787.025 and 800.04, F.S., in references |
| 24 | thereto; providing penalties; providing an effective date. |
| 25 |
|
| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Subsections (2) and (3) of section 787.025, |
| 29 | Florida Statutes, are amended to read: |
| 30 | 787.025 Luring or enticing a child.-- |
| 31 | (2)(a) A person 18 years of age or older who intentionally |
| 32 | lures or entices, or attempts to lure or entice, a child under |
| 33 | the age of 18 12 into a structure, dwelling, or conveyance for |
| 34 | other than a lawful purpose commits a misdemeanor of the first |
| 35 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 36 | (b) A person 18 years of age or older who, having been |
| 37 | previously convicted of a violation of paragraph (a), |
| 38 | intentionally lures or entices, or attempts to lure or entice, a |
| 39 | child under the age of 18 12 into a structure, dwelling, or |
| 40 | conveyance for other than a lawful purpose commits a felony of |
| 41 | the third degree, punishable as provided in s. 775.082, s. |
| 42 | 775.083, or s. 775.084. |
| 43 | (c) A person 18 years of age or older who, having been |
| 44 | previously convicted of a violation of chapter 794 or s. 800.04, |
| 45 | or a violation of a similar law of another jurisdiction, |
| 46 | intentionally lures or entices, or attempts to lure or entice, a |
| 47 | child under the age of 18 12 into a structure, dwelling, or |
| 48 | conveyance for other than a lawful purpose commits a felony of |
| 49 | the third degree, punishable as provided in s. 775.082, s. |
| 50 | 775.083, or s. 775.084. |
| 51 | (3) It is an affirmative defense to a prosecution under |
| 52 | this section that: |
| 53 | (a) The person reasonably believed that his or her action |
| 54 | was necessary to prevent the child from being seriously injured. |
| 55 | (b) The person lured or enticed, or attempted to lure or |
| 56 | entice, the child under the age of 18 12 into a structure, |
| 57 | dwelling, or conveyance for a lawful purpose. |
| 58 | (c) The person's actions were reasonable under the |
| 59 | circumstances and the defendant did not have any intent to harm |
| 60 | the health, safety, or welfare of the child. |
| 61 | Section 2. Subsection (4), paragraphs (a), (c), and (d) of |
| 62 | subsection (5), paragraph (a) of subsection (6), and paragraphs |
| 63 | (a) and (b) of subsection (7) of section 800.04, Florida |
| 64 | Statutes, are amended to read: |
| 65 | 800.04 Lewd or lascivious offenses committed upon or in |
| 66 | the presence of persons less than 18 16 years of age.-- |
| 67 | (4) LEWD OR LASCIVIOUS BATTERY.--A person who: |
| 68 | (a) Engages in sexual activity with a person 12 years of |
| 69 | age or older but less than 18 16 years of age; or |
| 70 | (b) Encourages, forces, or entices any person less than 18 |
| 71 | 16 years of age to engage in sadomasochistic abuse, sexual |
| 72 | bestiality, prostitution, or any other act involving sexual |
| 73 | activity |
| 74 |
|
| 75 | commits lewd or lascivious battery, a felony of the second |
| 76 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 77 | 775.084. |
| 78 | (5) LEWD OR LASCIVIOUS MOLESTATION.-- |
| 79 | (a) A person who intentionally touches in a lewd or |
| 80 | lascivious manner the breasts, genitals, genital area, or |
| 81 | buttocks, or the clothing covering them, of a person less than |
| 82 | 18 16 years of age, or forces or entices a person under 18 16 |
| 83 | years of age to so touch the perpetrator, commits lewd or |
| 84 | lascivious molestation. |
| 85 | (c)1. An offender less than 18 years of age who commits |
| 86 | lewd or lascivious molestation against a victim less than 12 |
| 87 | years of age; or |
| 88 | 2. An offender 18 years of age or older who commits lewd |
| 89 | or lascivious molestation against a victim 12 years of age or |
| 90 | older but less than 18 16 years of age |
| 91 |
|
| 92 | commits a felony of the second degree, punishable as provided in |
| 93 | s. 775.082, s. 775.083, or s. 775.084. |
| 94 | (d) An offender less than 18 years of age who commits lewd |
| 95 | or lascivious molestation against a victim 12 years of age or |
| 96 | older but less than 18 16 years of age commits a felony of the |
| 97 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 98 | or s. 775.084. |
| 99 | (6) LEWD OR LASCIVIOUS CONDUCT.-- |
| 100 | (a) A person who: |
| 101 | 1. Intentionally touches a person under 18 16 years of age |
| 102 | in a lewd or lascivious manner; or |
| 103 | 2. Solicits a person under 18 16 years of age to commit a |
| 104 | lewd or lascivious act |
| 105 |
|
| 106 | commits lewd or lascivious conduct. |
| 107 | (7) LEWD OR LASCIVIOUS EXHIBITION.-- |
| 108 | (a) A person who: |
| 109 | 1. Intentionally masturbates; |
| 110 | 2. Intentionally exposes the genitals in a lewd or |
| 111 | lascivious manner; or |
| 112 | 3. Intentionally commits any other sexual act that does |
| 113 | not involve actual physical or sexual contact with the victim, |
| 114 | including, but not limited to, sadomasochistic abuse, sexual |
| 115 | bestiality, or the simulation of any act involving sexual |
| 116 | activity |
| 117 |
|
| 118 | in the presence of a victim who is less than 18 16 years of age, |
| 119 | commits lewd or lascivious exhibition. |
| 120 | (b) A person who: |
| 121 | 1. Intentionally masturbates; |
| 122 | 2. Intentionally exposes the genitals in a lewd or |
| 123 | lascivious manner; or |
| 124 | 3. Intentionally commits any other sexual act that does |
| 125 | not involve actual physical or sexual contact with the victim, |
| 126 | including, but not limited to, sadomasochistic abuse, sexual |
| 127 | bestiality, or the simulation of any act involving sexual |
| 128 | activity |
| 129 |
|
| 130 | live over a computer online service, Internet service, or local |
| 131 | bulletin board service and who knows or should know or has |
| 132 | reason to believe that the transmission is viewed on a computer |
| 133 | or television monitor by a victim in this state who is less than |
| 134 | 18 16 years of age, commits lewd or lascivious exhibition. The |
| 135 | fact that an undercover operative or law enforcement officer was |
| 136 | involved in the detection and investigation of an offense under |
| 137 | this paragraph shall not constitute a defense to a prosecution |
| 138 | under this paragraph. |
| 139 | Section 3. Subsection (3) of section 827.04, Florida |
| 140 | Statutes, is amended to read: |
| 141 | 827.04 Contributing to the delinquency or dependency of a |
| 142 | child; penalty.-- |
| 143 | (3) A person 21 years of age or older who impregnates a |
| 144 | child under 16 years of age commits an act of child abuse which |
| 145 | constitutes a felony of the third degree, punishable as provided |
| 146 | in s. 775.082, s. 775.083, or s. 775.084. A person who |
| 147 | impregnates a child in violation of this subsection commits an |
| 148 | offense under this subsection regardless of whether the person |
| 149 | is found to have committed, or has been charged with or |
| 150 | prosecuted for, any other offense committed during the course of |
| 151 | the same criminal transaction or episode, including, but not |
| 152 | limited to, an offense proscribed under s. 800.04, relating to |
| 153 | lewd, lascivious, or indecent assault or act upon any person |
| 154 | under 18 16 years of age. Neither the victim's lack of chastity |
| 155 | nor the victim's consent is a defense to the crime proscribed |
| 156 | under this subsection. |
| 157 | Section 4. For the purpose of incorporating the amendment |
| 158 | made by this act to section 800.04, Florida Statutes, in a |
| 159 | reference thereto, paragraph (d) of subsection (1) of section |
| 160 | 775.084, Florida Statutes, is reenacted to read: |
| 161 | 775.084 Violent career criminals; habitual felony |
| 162 | offenders and habitual violent felony offenders; three-time |
| 163 | violent felony offenders; definitions; procedure; enhanced |
| 164 | penalties or mandatory minimum prison terms.-- |
| 165 | (1) As used in this act: |
| 166 | (d) "Violent career criminal" means a defendant for whom |
| 167 | the court must impose imprisonment pursuant to paragraph (4)(d), |
| 168 | if it finds that: |
| 169 | 1. The defendant has previously been convicted as an adult |
| 170 | three or more times for an offense in this state or other |
| 171 | qualified offense that is: |
| 172 | a. Any forcible felony, as described in s. 776.08; |
| 173 | b. Aggravated stalking, as described in s. 784.048(3) and |
| 174 | (4); |
| 175 | c. Aggravated child abuse, as described in s. 827.03(2); |
| 176 | d. Aggravated abuse of an elderly person or disabled |
| 177 | adult, as described in s. 825.102(2); |
| 178 | e. Lewd or lascivious battery, lewd or lascivious |
| 179 | molestation, lewd or lascivious conduct, or lewd or lascivious |
| 180 | exhibition, as described in s. 800.04; |
| 181 | f. Escape, as described in s. 944.40; or |
| 182 | g. A felony violation of chapter 790 involving the use or |
| 183 | possession of a firearm. |
| 184 | 2. The defendant has been incarcerated in a state prison |
| 185 | or a federal prison. |
| 186 | 3. The primary felony offense for which the defendant is |
| 187 | to be sentenced is a felony enumerated in subparagraph 1. and |
| 188 | was committed on or after October 1, 1995, and: |
| 189 | a. While the defendant was serving a prison sentence or |
| 190 | other sentence, or court-ordered or lawfully imposed supervision |
| 191 | that is imposed as a result of a prior conviction for an |
| 192 | enumerated felony; or |
| 193 | b. Within 5 years after the conviction of the last prior |
| 194 | enumerated felony, or within 5 years after the defendant's |
| 195 | release from a prison sentence, probation, community control, |
| 196 | control release, conditional release, parole, or court-ordered |
| 197 | or lawfully imposed supervision or other sentence that is |
| 198 | imposed as a result of a prior conviction for an enumerated |
| 199 | felony, whichever is later. |
| 200 | 4. The defendant has not received a pardon for any felony |
| 201 | or other qualified offense that is necessary for the operation |
| 202 | of this paragraph. |
| 203 | 5. A conviction of a felony or other qualified offense |
| 204 | necessary to the operation of this paragraph has not been set |
| 205 | aside in any postconviction proceeding. |
| 206 | Section 5. For the purpose of incorporating the amendments |
| 207 | made by this act to sections 787.025 and 800.04, Florida |
| 208 | Statutes, in references thereto, paragraph (a) of subsection (4) |
| 209 | and paragraph (b) of subsection (10) of section 775.21, Florida |
| 210 | Statutes, are reenacted to read: |
| 211 | 775.21 The Florida Sexual Predators Act.-- |
| 212 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 213 | (a) For a current offense committed on or after October 1, |
| 214 | 1993, upon conviction, an offender shall be designated as a |
| 215 | "sexual predator" under subsection (5), and subject to |
| 216 | registration under subsection (6) and community and public |
| 217 | notification under subsection (7) if: |
| 218 | 1. The felony is: |
| 219 | a. A capital, life, or first-degree felony violation, or |
| 220 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 221 | is a minor and the defendant is not the victim's parent or |
| 222 | guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a |
| 223 | violation of a similar law of another jurisdiction; or |
| 224 | b. Any felony violation, or any attempt thereof, of s. |
| 225 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
| 226 | minor and the defendant is not the victim's parent or guardian; |
| 227 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 228 | 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; |
| 229 | or s. 985.701(1); or a violation of a similar law of another |
| 230 | jurisdiction, and the offender has previously been convicted of |
| 231 | or found to have committed, or has pled nolo contendere or |
| 232 | guilty to, regardless of adjudication, any violation of s. |
| 233 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
| 234 | minor and the defendant is not the victim's parent or guardian; |
| 235 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 236 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
| 237 | 847.0135, excluding s. 847.0135(4); s. 847.0145; or s. |
| 238 | 985.701(1); or a violation of a similar law of another |
| 239 | jurisdiction; |
| 240 | 2. The offender has not received a pardon for any felony |
| 241 | or similar law of another jurisdiction that is necessary for the |
| 242 | operation of this paragraph; and |
| 243 | 3. A conviction of a felony or similar law of another |
| 244 | jurisdiction necessary to the operation of this paragraph has |
| 245 | not been set aside in any postconviction proceeding. |
| 246 | (10) PENALTIES.-- |
| 247 | (b) A sexual predator who has been convicted of or found |
| 248 | to have committed, or has pled nolo contendere or guilty to, |
| 249 | regardless of adjudication, any violation, or attempted |
| 250 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
| 251 | the victim is a minor and the defendant is not the victim's |
| 252 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
| 253 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s. |
| 254 | 847.0133; s. 847.0145; or s. 985.701(1); or a violation of a |
| 255 | similar law of another jurisdiction when the victim of the |
| 256 | offense was a minor, and who works, whether for compensation or |
| 257 | as a volunteer, at any business, school, day care center, park, |
| 258 | playground, or other place where children regularly congregate, |
| 259 | commits a felony of the third degree, punishable as provided in |
| 260 | s. 775.082, s. 775.083, or s. 775.084. |
| 261 | Section 6. For the purpose of incorporating the amendments |
| 262 | made by this act to sections 787.025 and 800.04, Florida |
| 263 | Statutes, in references thereto, subsection (2) of section |
| 264 | 794.0115, Florida Statutes, is reenacted to read: |
| 265 | 794.0115 Dangerous sexual felony offender; mandatory |
| 266 | sentencing.-- |
| 267 | (2) Any person who is convicted of a violation of s. |
| 268 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. |
| 269 | 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or |
| 270 | (4); or s. 847.0145; or of any similar offense under a former |
| 271 | designation, which offense the person committed when he or she |
| 272 | was 18 years of age or older, and the person: |
| 273 | (a) Caused serious personal injury to the victim as a |
| 274 | result of the commission of the offense; |
| 275 | (b) Used or threatened to use a deadly weapon during the |
| 276 | commission of the offense; |
| 277 | (c) Victimized more than one person during the course of |
| 278 | the criminal episode applicable to the offense; |
| 279 | (d) Committed the offense while under the jurisdiction of |
| 280 | a court for a felony offense under the laws of this state, for |
| 281 | an offense that is a felony in another jurisdiction, or for an |
| 282 | offense that would be a felony if that offense were committed in |
| 283 | this state; or |
| 284 | (e) Has previously been convicted of a violation of s. |
| 285 | 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. |
| 286 | 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or |
| 287 | (4); s. 847.0145; of any offense under a former statutory |
| 288 | designation which is similar in elements to an offense described |
| 289 | in this paragraph; or of any offense that is a felony in another |
| 290 | jurisdiction, or would be a felony if that offense were |
| 291 | committed in this state, and which is similar in elements to an |
| 292 | offense described in this paragraph, |
| 293 |
|
| 294 | is a dangerous sexual felony offender, who must be sentenced to |
| 295 | a mandatory minimum term of 25 years imprisonment up to, and |
| 296 | including, life imprisonment. |
| 297 | Section 7. For the purpose of incorporating the amendments |
| 298 | made by this act to sections 787.025 and 800.04, Florida |
| 299 | Statutes, in references thereto, paragraph (a) of subsection (1) |
| 300 | of section 943.0435, Florida Statutes, is reenacted to read: |
| 301 | 943.0435 Sexual offenders required to register with the |
| 302 | department; penalty.-- |
| 303 | (1) As used in this section, the term: |
| 304 | (a)1. "Sexual offender" means a person who meets the |
| 305 | criteria in sub-subparagraph a., sub-subparagraph b., sub- |
| 306 | subparagraph c., or sub-subparagraph d., as follows: |
| 307 | a.(I) Has been convicted of committing, or attempting, |
| 308 | soliciting, or conspiring to commit, any of the criminal |
| 309 | offenses proscribed in the following statutes in this state or |
| 310 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 311 | or s. 787.025(2)(c), where the victim is a minor and the |
| 312 | defendant is not the victim's parent or guardian; s. 794.011, |
| 313 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. |
| 314 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, |
| 315 | excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; |
| 316 | or s. 985.701(1); or any similar offense committed in this state |
| 317 | which has been redesignated from a former statute number to one |
| 318 | of those listed in this sub-sub-subparagraph; and |
| 319 | (II) Has been released on or after October 1, 1997, from |
| 320 | the sanction imposed for any conviction of an offense described |
| 321 | in sub-sub-subparagraph (I). For purposes of sub-sub- |
| 322 | subparagraph (I), a sanction imposed in this state or in any |
| 323 | other jurisdiction includes, but is not limited to, a fine, |
| 324 | probation, community control, parole, conditional release, |
| 325 | control release, or incarceration in a state prison, federal |
| 326 | prison, private correctional facility, or local detention |
| 327 | facility; |
| 328 | b. Establishes or maintains a residence in this state and |
| 329 | who has not been designated as a sexual predator by a court of |
| 330 | this state but who has been designated as a sexual predator, as |
| 331 | a sexually violent predator, or by another sexual offender |
| 332 | designation in another state or jurisdiction and was, as a |
| 333 | result of such designation, subjected to registration or |
| 334 | community or public notification, or both, or would be if the |
| 335 | person were a resident of that state or jurisdiction, without |
| 336 | regard to whether the person otherwise meets the criteria for |
| 337 | registration as a sexual offender; |
| 338 | c. Establishes or maintains a residence in this state who |
| 339 | is in the custody or control of, or under the supervision of, |
| 340 | any other state or jurisdiction as a result of a conviction for |
| 341 | committing, or attempting, soliciting, or conspiring to commit, |
| 342 | any of the criminal offenses proscribed in the following |
| 343 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 344 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
| 345 | the defendant is not the victim's parent or guardian; s. |
| 346 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 347 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
| 348 | 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. |
| 349 | 847.0145; or s. 985.701(1); or any similar offense committed in |
| 350 | this state which has been redesignated from a former statute |
| 351 | number to one of those listed in this sub-subparagraph; or |
| 352 | d. On or after July 1, 2007, has been adjudicated |
| 353 | delinquent for committing, or attempting, soliciting, or |
| 354 | conspiring to commit, any of the criminal offenses proscribed in |
| 355 | the following statutes in this state or similar offenses in |
| 356 | another jurisdiction when the juvenile was 14 years of age or |
| 357 | older at the time of the offense: |
| 358 | (I) Section 794.011, excluding s. 794.011(10); |
| 359 | (II) Section 800.04(4)(b) where the victim is under 12 |
| 360 | years of age or where the court finds sexual activity by the use |
| 361 | of force or coercion; |
| 362 | (III) Section 800.04(5)(c)1. where the court finds |
| 363 | molestation involving unclothed genitals; or |
| 364 | (IV) Section 800.04(5)(d) where the court finds the use of |
| 365 | force or coercion and unclothed genitals. |
| 366 | 2. For all qualifying offenses listed in sub-subparagraph |
| 367 | (1)(a)1.d., the court shall make a written finding of the age of |
| 368 | the offender at the time of the offense. |
| 369 |
|
| 370 | For each violation of a qualifying offense listed in this |
| 371 | subsection, the court shall make a written finding of the age of |
| 372 | the victim at the time of the offense. For a violation of s. |
| 373 | 800.04(4), the court shall additionally make a written finding |
| 374 | indicating that the offense did or did not involve sexual |
| 375 | activity and indicating that the offense did or did not involve |
| 376 | force or coercion. For a violation of s. 800.04(5), the court |
| 377 | shall additionally make a written finding that the offense did |
| 378 | or did not involve unclothed genitals or genital area and that |
| 379 | the offense did or did not involve the use of force or coercion. |
| 380 | Section 8. For the purpose of incorporating the amendments |
| 381 | made by this act to sections 787.025 and 800.04, Florida |
| 382 | Statutes, in references thereto, paragraph (b) of subsection (1) |
| 383 | of section 944.606, Florida Statutes, is reenacted to read: |
| 384 | 944.606 Sexual offenders; notification upon release.-- |
| 385 | (1) As used in this section: |
| 386 | (b) "Sexual offender" means a person who has been |
| 387 | convicted of committing, or attempting, soliciting, or |
| 388 | conspiring to commit, any of the criminal offenses proscribed in |
| 389 | the following statutes in this state or similar offenses in |
| 390 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 391 | where the victim is a minor and the defendant is not the |
| 392 | victim's parent or guardian; s. 794.011, excluding s. |
| 393 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 394 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
| 395 | 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
| 396 | 985.701(1); or any similar offense committed in this state which |
| 397 | has been redesignated from a former statute number to one of |
| 398 | those listed in this subsection, when the department has |
| 399 | received verified information regarding such conviction; an |
| 400 | offender's computerized criminal history record is not, in and |
| 401 | of itself, verified information. |
| 402 | Section 9. For the purpose of incorporating the amendments |
| 403 | made by this act to sections 787.025 and 800.04, Florida |
| 404 | Statutes, in references thereto, paragraph (a) of subsection (1) |
| 405 | of section 944.607, Florida Statutes, is reenacted to read: |
| 406 | 944.607 Notification to Department of Law Enforcement of |
| 407 | information on sexual offenders.-- |
| 408 | (1) As used in this section, the term: |
| 409 | (a) "Sexual offender" means a person who is in the custody |
| 410 | or control of, or under the supervision of, the department or is |
| 411 | in the custody of a private correctional facility: |
| 412 | 1. On or after October 1, 1997, as a result of a |
| 413 | conviction for committing, or attempting, soliciting, or |
| 414 | conspiring to commit, any of the criminal offenses proscribed in |
| 415 | the following statutes in this state or similar offenses in |
| 416 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 417 | where the victim is a minor and the defendant is not the |
| 418 | victim's parent or guardian; s. 794.011, excluding s. |
| 419 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 420 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
| 421 | 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
| 422 | 985.701(1); or any similar offense committed in this state which |
| 423 | has been redesignated from a former statute number to one of |
| 424 | those listed in this paragraph; or |
| 425 | 2. Who establishes or maintains a residence in this state |
| 426 | and who has not been designated as a sexual predator by a court |
| 427 | of this state but who has been designated as a sexual predator, |
| 428 | as a sexually violent predator, or by another sexual offender |
| 429 | designation in another state or jurisdiction and was, as a |
| 430 | result of such designation, subjected to registration or |
| 431 | community or public notification, or both, or would be if the |
| 432 | person were a resident of that state or jurisdiction, without |
| 433 | regard as to whether the person otherwise meets the criteria for |
| 434 | registration as a sexual offender. |
| 435 | Section 10. For the purpose of incorporating the |
| 436 | amendments made by this act to sections 787.025 and 800.04, |
| 437 | Florida Statutes, in references thereto, paragraph (c) of |
| 438 | subsection (8) of section 948.06, Florida Statutes, is reenacted |
| 439 | to read: |
| 440 | 948.06 Violation of probation or community control; |
| 441 | revocation; modification; continuance; failure to pay |
| 442 | restitution or cost of supervision.-- |
| 443 | (8) |
| 444 | (c) For purposes of this section, the term "qualifying |
| 445 | offense" means any of the following: |
| 446 | 1. Kidnapping or attempted kidnapping under s. 787.01, |
| 447 | false imprisonment of a child under the age of 13 under s. |
| 448 | 787.02(3), or luring or enticing a child under s. 787.025(2)(b) |
| 449 | or (c). |
| 450 | 2. Murder or attempted murder under s. 782.04, attempted |
| 451 | felony murder under s. 782.051, or manslaughter under s. 782.07. |
| 452 | 3. Aggravated battery or attempted aggravated battery |
| 453 | under s. 784.045. |
| 454 | 4. Sexual battery or attempted sexual battery under s. |
| 455 | 794.011(2), (3), (4), or (8)(b) or (c). |
| 456 | 5. Lewd or lascivious battery or attempted lewd or |
| 457 | lascivious battery under s. 800.04(4), lewd or lascivious |
| 458 | molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious |
| 459 | conduct under s. 800.04(6)(b), or lewd or lascivious exhibition |
| 460 | under s. 800.04(7)(c). |
| 461 | 6. Robbery or attempted robbery under s. 812.13, |
| 462 | carjacking or attempted carjacking under s. 812.133, or home |
| 463 | invasion robbery or attempted home invasion robbery under s. |
| 464 | 812.135. |
| 465 | 7. Lewd or lascivious offense upon or in the presence of |
| 466 | an elderly or disabled person or attempted lewd or lascivious |
| 467 | offense upon or in the presence of an elderly or disabled person |
| 468 | under s. 825.1025. |
| 469 | 8. Sexual performance by a child or attempted sexual |
| 470 | performance by a child under s. 827.071. |
| 471 | 9. Computer pornography under s. 847.0135(2) or (3), |
| 472 | transmission of child pornography under s. 847.0137, or selling |
| 473 | or buying of minors under s. 847.0145. |
| 474 | 10. Poisoning food or water under s. 859.01. |
| 475 | 11. Abuse of a dead human body under s. 872.06. |
| 476 | 12. Any burglary offense or attempted burglary offense |
| 477 | that is either a first degree felony or second degree felony |
| 478 | under s. 810.02(2) or (3). |
| 479 | 13. Arson or attempted arson under s. 806.01(1). |
| 480 | 14. Aggravated assault under s. 784.021. |
| 481 | 15. Aggravated stalking under s. 784.048(3), (4), (5), or |
| 482 | (7). |
| 483 | 16. Aircraft piracy under s. 860.16. |
| 484 | 17. Unlawful throwing, placing, or discharging of a |
| 485 | destructive device or bomb under s. 790.161(2), (3), or (4). |
| 486 | 18. Treason under s. 876.32. |
| 487 | 19. Any offense committed in another jurisdiction which |
| 488 | would be an offense listed in this paragraph if that offense had |
| 489 | been committed in this state. |
| 490 | Section 11. For the purpose of incorporating the |
| 491 | amendments made by this act to sections 787.025 and 800.04, |
| 492 | Florida Statutes, in references thereto, subsection (1) of |
| 493 | section 948.32, Florida Statutes, is reenacted to read: |
| 494 | 948.32 Requirements of law enforcement agency upon arrest |
| 495 | of persons for certain sex offenses.-- |
| 496 | (1) When any state or local law enforcement agency |
| 497 | investigates or arrests a person for committing, or attempting, |
| 498 | soliciting, or conspiring to commit, a violation of s. |
| 499 | 787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s. |
| 500 | 847.0133, s. 847.0135, or s. 847.0145, the law enforcement |
| 501 | agency shall contact the Department of Corrections to verify |
| 502 | whether the person under investigation or under arrest is on |
| 503 | probation, community control, parole, conditional release, or |
| 504 | control release. |
| 505 | Section 12. This act shall take effect July 1, 2008. |