Florida Senate - 2008 (Reformatted) SB 224
By Senator Fasano
11-00227-08 2008224__
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A bill to be entitled
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An act relating to luring or enticing a child; amending s.
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787.025, F.S.; increasing the age limit of the victim with
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regard to the criminal offense of luring or enticing a
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child; reenacting ss. 775.21(4)(a) and (10)(b),
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predator criteria, mandatory sentencing for sexual felony
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offenders, the registration requirement of sexual
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offenders, notification upon release of sexual offenders,
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notification of information on sexual offenders to the
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Department of Law Enforcement, additional requirements
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regarding a probationer or offender in community control,
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and requirements regarding the arrest of persons for
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certain sex offenses, respectively, to incorporate the
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amendments to s. 787.025, F.S., in references thereto;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2) and (3) of section 787.025,
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Florida Statutes, are amended to read:
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787.025 Luring or enticing a child.--
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(2)(a) A person 18 years of age or older who intentionally
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lures or entices, or attempts to lure or entice, a child under
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the age of 18 12 into a structure, dwelling, or conveyance for
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other than a lawful purpose commits a misdemeanor of the first
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(b) A person 18 years of age or older who, having been
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previously convicted of a violation of paragraph (a),
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intentionally lures or entices, or attempts to lure or entice, a
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child under the age of 18 12 into a structure, dwelling, or
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conveyance for other than a lawful purpose commits a felony of
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the third degree, punishable as provided in s. 775.082, s.
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(c) A person 18 years of age or older who, having been
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previously convicted of a violation of chapter 794 or s. 800.04,
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or a violation of a similar law of another jurisdiction,
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intentionally lures or entices, or attempts to lure or entice, a
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child under the age of 18 12 into a structure, dwelling, or
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conveyance for other than a lawful purpose commits a felony of
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the third degree, punishable as provided in s. 775.082, s.
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(3) It is an affirmative defense to a prosecution under
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this section that:
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(a) The person reasonably believed that his or her action
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was necessary to prevent the child from being seriously injured.
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(b) The person lured or enticed, or attempted to lure or
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entice, the child under the age of 18 12 into a structure,
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dwelling, or conveyance for a lawful purpose.
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(c) The person's actions were reasonable under the
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circumstances and the defendant did not have any intent to harm
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the health, safety, or welfare of the child.
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Section 2. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in
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references thereto, paragraph (a) of subsection (4) and paragraph
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(b) of subsection (10) of section 775.21, Florida Statutes, are
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reenacted to read:
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775.21 The Florida Sexual Predators Act.--
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(4) SEXUAL PREDATOR CRITERIA.--
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(a) For a current offense committed on or after October 1,
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1993, upon conviction, an offender shall be designated as a
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"sexual predator" under subsection (5), and subject to
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registration under subsection (6) and community and public
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notification under subsection (7) if:
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1. The felony is:
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a. A capital, life, or first-degree felony violation, or
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is a minor and the defendant is not the victim's parent or
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violation of a similar law of another jurisdiction; or
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b. Any felony violation, or any attempt thereof, of s.
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minor and the defendant is not the victim's parent or guardian;
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or s. 985.701(1); or a violation of a similar law of another
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jurisdiction, and the offender has previously been convicted of
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or found to have committed, or has pled nolo contendere or guilty
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to, regardless of adjudication, any violation of s. 787.01, s.
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defendant is not the victim's parent or guardian; s. 794.011,
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violation of a similar law of another jurisdiction;
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2. The offender has not received a pardon for any felony or
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similar law of another jurisdiction that is necessary for the
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operation of this paragraph; and
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3. A conviction of a felony or similar law of another
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jurisdiction necessary to the operation of this paragraph has not
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been set aside in any postconviction proceeding.
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(10) PENALTIES.--
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(b) A sexual predator who has been convicted of or found to
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have committed, or has pled nolo contendere or guilty to,
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regardless of adjudication, any violation, or attempted
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the victim is a minor and the defendant is not the victim's
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similar law of another jurisdiction when the victim of the
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offense was a minor, and who works, whether for compensation or
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as a volunteer, at any business, school, day care center, park,
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playground, or other place where children regularly congregate,
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commits a felony of the third degree, punishable as provided in
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Section 3. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in
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references thereto, subsection (2) of section 794.0115, Florida
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Statutes, is reenacted to read:
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794.0115 Dangerous sexual felony offender; mandatory
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sentencing.--
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(2) Any person who is convicted of a violation of s.
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847.0145; or of any similar offense under a former designation,
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which offense the person committed when he or she was 18 years of
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age or older, and the person:
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(a) Caused serious personal injury to the victim as a
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result of the commission of the offense;
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(b) Used or threatened to use a deadly weapon during the
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commission of the offense;
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(c) Victimized more than one person during the course of
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the criminal episode applicable to the offense;
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(d) Committed the offense while under the jurisdiction of a
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court for a felony offense under the laws of this state, for an
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offense that is a felony in another jurisdiction, or for an
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offense that would be a felony if that offense were committed in
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this state; or
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(e) Has previously been convicted of a violation of s.
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847.0145; of any offense under a former statutory designation
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which is similar in elements to an offense described in this
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paragraph; or of any offense that is a felony in another
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jurisdiction, or would be a felony if that offense were committed
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in this state, and which is similar in elements to an offense
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described in this paragraph,
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is a dangerous sexual felony offender, who must be sentenced to a
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mandatory minimum term of 25 years imprisonment up to, and
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including, life imprisonment.
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Section 4. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in
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references thereto, paragraph (a) of subsection (1) of section
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943.0435, Florida Statutes, is reenacted to read:
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943.0435 Sexual offenders required to register with the
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department; penalty.--
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(1) As used in this section, the term:
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(a)1. "Sexual offender" means a person who meets the
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criteria in sub-subparagraph a., sub-subparagraph b., sub-
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subparagraph c., or sub-subparagraph d., as follows:
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a.(I) Has been convicted of committing, or attempting,
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soliciting, or conspiring to commit, any of the criminal offenses
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proscribed in the following statutes in this state or similar
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787.025(2)(c), where the victim is a minor and the defendant is
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not the victim's parent or guardian; s. 794.011, excluding s.
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985.701(1); or any similar offense committed in this state which
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has been redesignated from a former statute number to one of
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those listed in this sub-sub-subparagraph; and
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(II) Has been released on or after October 1, 1997, from
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the sanction imposed for any conviction of an offense described
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in sub-sub-subparagraph (I). For purposes of sub-sub-subparagraph
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(I), a sanction imposed in this state or in any other
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jurisdiction includes, but is not limited to, a fine, probation,
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community control, parole, conditional release, control release,
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or incarceration in a state prison, federal prison, private
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correctional facility, or local detention facility;
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b. Establishes or maintains a residence in this state and
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who has not been designated as a sexual predator by a court of
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this state but who has been designated as a sexual predator, as a
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sexually violent predator, or by another sexual offender
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designation in another state or jurisdiction and was, as a result
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of such designation, subjected to registration or community or
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public notification, or both, or would be if the person were a
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resident of that state or jurisdiction, without regard to whether
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the person otherwise meets the criteria for registration as a
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sexual offender;
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c. Establishes or maintains a residence in this state who
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is in the custody or control of, or under the supervision of, any
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other state or jurisdiction as a result of a conviction for
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committing, or attempting, soliciting, or conspiring to commit,
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any of the criminal offenses proscribed in the following statutes
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or s. 787.025(2)(c), where the victim is a minor and the
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defendant is not the victim's parent or guardian; s. 794.011,
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or s. 985.701(1); or any similar offense committed in this state
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which has been redesignated from a former statute number to one
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of those listed in this sub-subparagraph; or
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d. On or after July 1, 2007, has been adjudicated
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delinquent for committing, or attempting, soliciting, or
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conspiring to commit, any of the criminal offenses proscribed in
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the following statutes in this state or similar offenses in
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another jurisdiction when the juvenile was 14 years of age or
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older at the time of the offense:
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(II) Section 800.04(4)(b) where the victim is under 12
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years of age or where the court finds sexual activity by the use
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of force or coercion;
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(III) Section 800.04(5)(c)1. where the court finds
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molestation involving unclothed genitals; or
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(IV) Section 800.04(5)(d) where the court finds the use of
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force or coercion and unclothed genitals.
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2. For all qualifying offenses listed in sub-subparagraph
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(1)(a)1.d., the court shall make a written finding of the age of
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the offender at the time of the offense.
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For each violation of a qualifying offense listed in this
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subsection, the court shall make a written finding of the age of
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the victim at the time of the offense. For a violation of s.
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800.04(4), the court shall additionally make a written finding
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indicating that the offense did or did not involve sexual
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activity and indicating that the offense did or did not involve
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force or coercion. For a violation of s. 800.04(5), the court
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shall additionally make a written finding that the offense did or
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did not involve unclothed genitals or genital area and that the
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offense did or did not involve the use of force or coercion.
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Section 5. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in a
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reference thereto, paragraph (b) of subsection (1) of section
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944.606, Florida Statutes, is reenacted to read:
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944.606 Sexual offenders; notification upon release.--
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(1) As used in this section:
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(b) "Sexual offender" means a person who has been convicted
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of committing, or attempting, soliciting, or conspiring to
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commit, any of the criminal offenses proscribed in the following
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statutes in this state or similar offenses in another
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the victim is a minor and the defendant is not the victim's
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similar offense committed in this state which has been
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redesignated from a former statute number to one of those listed
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in this subsection, when the department has received verified
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information regarding such conviction; an offender's computerized
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criminal history record is not, in and of itself, verified
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information.
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Section 6. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in a
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reference thereto, paragraph (a) of subsection (1) of section
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944.607, Florida Statutes, is reenacted to read:
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944.607 Notification to Department of Law Enforcement of
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information on sexual offenders.--
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(1) As used in this section, the term:
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(a) "Sexual offender" means a person who is in the custody
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or control of, or under the supervision of, the department or is
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in the custody of a private correctional facility:
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1. On or after October 1, 1997, as a result of a conviction
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for committing, or attempting, soliciting, or conspiring to
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commit, any of the criminal offenses proscribed in the following
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statutes in this state or similar offenses in another
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the victim is a minor and the defendant is not the victim's
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similar offense committed in this state which has been
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redesignated from a former statute number to one of those listed
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in this paragraph; or
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2. Who establishes or maintains a residence in this state
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and who has not been designated as a sexual predator by a court
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of this state but who has been designated as a sexual predator,
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as a sexually violent predator, or by another sexual offender
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designation in another state or jurisdiction and was, as a result
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of such designation, subjected to registration or community or
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public notification, or both, or would be if the person were a
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resident of that state or jurisdiction, without regard as to
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whether the person otherwise meets the criteria for registration
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as a sexual offender.
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Section 7. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in a
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reference thereto, paragraph (c) of subsection (8) of section
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948.06, Florida Statutes, is reenacted to read:
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948.06 Violation of probation or community control;
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revocation; modification; continuance; failure to pay restitution
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or cost of supervision.--
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(8)
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(c) For purposes of this section, the term "qualifying
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offense" means any of the following:
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1. Kidnapping or attempted kidnapping under s. 787.01,
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false imprisonment of a child under the age of 13 under s.
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or (c).
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2. Murder or attempted murder under s. 782.04, attempted
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3. Aggravated battery or attempted aggravated battery under
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s. 784.045.
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4. Sexual battery or attempted sexual battery under s.
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794.011(2), (3), (4), or (8)(b) or (c).
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5. Lewd or lascivious battery or attempted lewd or
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lascivious battery under s. 800.04(4), lewd or lascivious
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molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
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conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
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under s. 800.04(7)(c).
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6. Robbery or attempted robbery under s. 812.13, carjacking
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or attempted carjacking under s. 812.133, or home invasion
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robbery or attempted home invasion robbery under s. 812.135.
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7. Lewd or lascivious offense upon or in the presence of an
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elderly or disabled person or attempted lewd or lascivious
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offense upon or in the presence of an elderly or disabled person
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under s. 825.1025.
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8. Sexual performance by a child or attempted sexual
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performance by a child under s. 827.071.
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9. Computer pornography under s. 847.0135(2) or (3),
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transmission of child pornography under s. 847.0137, or selling
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or buying of minors under s. 847.0145.
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10. Poisoning food or water under s. 859.01.
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11. Abuse of a dead human body under s. 872.06.
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12. Any burglary offense or attempted burglary offense that
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is either a first degree felony or second degree felony under s.
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810.02(2) or (3).
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13. Arson or attempted arson under s. 806.01(1).
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14. Aggravated assault under s. 784.021.
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15. Aggravated stalking under s. 784.048(3), (4), (5), or
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(7).
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16. Aircraft piracy under s. 860.16.
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17. Unlawful throwing, placing, or discharging of a
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destructive device or bomb under s. 790.161(2), (3), or (4).
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18. Treason under s. 876.32.
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19. Any offense committed in another jurisdiction which
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would be an offense listed in this paragraph if that offense had
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been committed in this state.
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Section 8. For the purpose of incorporating the amendments
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made by this act to section 787.025, Florida Statutes, in a
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reference thereto, subsection (1) of section 948.32, Florida
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Statutes, is reenacted to read:
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948.32 Requirements of law enforcement agency upon arrest
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of persons for certain sex offenses.--
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(1) When any state or local law enforcement agency
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investigates or arrests a person for committing, or attempting,
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soliciting, or conspiring to commit, a violation of s.
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shall contact the Department of Corrections to verify whether the
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person under investigation or under arrest is on probation,
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community control, parole, conditional release, or control
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release.
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Section 9. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.