HB 605

1	A bill to be entitled
2	An act relating to exploited children; amending s. 92.56,
3	F.S.; providing specified protections to victims in any
4	civil or criminal proceeding involving the production,
5	possession, or promotion of child pornography where the
6	victim depicted in the image or images is a party to the
7	case or a witness in the case; permitting use of a
8	pseudonym to designate the victim of a crime involving a
9	victim of production, possession, or promotion of child
10	pornography; revising provisions concerning use of victim
11	pseudonyms to specify that they may be used in civil and
12	criminal proceedings; amending s. 800.04, F.S., relating
13	to lewd or lascivious exhibition, to conform to changes
14	made by the act; creating s. 847.002, F.S.; requiring law
15	enforcement officers submitting a case for prosecution
16	that involves the creation, possession, or promotion of
17	child pornography to provide specified information to
18	prosecutors; requiring prosecutors to pursue prosecutions
19	regarding images of child pornography wherein a known
20	victim from within this state is depicted; requiring
21	prosecutors to enter specified information in a database
22	maintained by the Attorney General; creating s. 847.01355,
23	F.S., relating to lewd and lascivious exhibition on a
24	computer; providing an exception; providing penalties;
25	creating s. 847.01357, F.S.; providing a civil remedy for
26	any person who is a victim of a listed sexual abuse crime
27	wherein any portion of that abuse was used in the
28	production of child pornography and who suffers personal
29	or psychological injury as a result of the production,
30	promotion, or possession of such images; specifying
31	damages to persons who are further exploited following a
32	recovery under this section; providing for limitation of
33	actions; providing for confidential pseudonyms to
34	specified claimants; precluding a defense to certain civil
35	actions; permitting the Attorney General to pursue cases
36	on behalf of victims; providing for disposition of damages
37	and attorney's fees; amending s. 960.03, F.S.; including
38	crimes that result in psychological injury or trauma as
39	compensable crimes for purposes of victims compensation;
40	expanding the definition of "victim" for purposes of
41	victim compensation to include any minor who has suffered
42	physical or psychological injury as a result of online
43	sexual solicitation and including any person who, while a
44	child, was depicted in an image of child pornography;
45	amending ss. 90.404, 92.565, 394.912, 409.2355, 775.082,
46	775.084, 775.15, 775.21, 784.048, 787.01, 787.02, 787.025,
47	794.065, 914.16, 921.0022, 921.244, 938.10, 943.0435,
48	943.04354, 943.0585, 943.059, 944.606, 944.607, 947.1405,
49	948.013, 948.03, 948.06, 948.101, 948.30, 948.31, and
50	948.32, F.S.; conforming provisions to changes made by the
51	act; providing an effective date.
52
53	WHEREAS, children who are sexually abused and then
54	exploited by the creation of permanent images of that sexual
55	abuse through child pornography are further harmed by the
56	continued possession, promotion, and distribution of those
57	images on the Internet, and
58	WHEREAS, the possession of child pornography is not a
59	victimless crime, and over 1,200 victims of child pornography
60	are known by law enforcement, over 30 of whom were citizens of
61	this state at the time of their abuse, and
62	WHEREAS, victims of child pornography suffer repeated
63	unending abuse not only as children, but throughout their lives,
64	by those individuals who engage in the collection and
65	distribution of the image of the victim's sexual abuse and
66	exploitation, and
67	WHEREAS, victims of child pornography currently do not
68	receive notice, consideration, compensation, or any other rights
69	assured to crime victims in this state pursuant to chapter 960,
70	F.S., and
71	WHEREAS, victims of child pornography are entitled to be
72	heard and considered in any case involving the production,
73	possession, and promotion of an image of their sexual-abuse, and
74	these victims are due all the rights and protections afforded
75	every other crime victim in this state, NOW, THEREFORE,
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Subsections (1) and (3) of section 92.56,
80	Florida Statutes, are amended to read:
81	92.56  Judicial proceedings and court records involving
82	sexual offenses.--
83	(1)(a)  All court records, including testimony from
84	witnesses, that reveal the photograph, name, or address of the
85	victim of an alleged offense described in chapter 794 or chapter
86	800, or act of child abuse, aggravated child abuse, or sexual
87	performance by a child as described in chapter 827, are
88	confidential and exempt from the provisions of s. 24(a), Art. I
89	of the State Constitution and may not be made public if, upon a
90	showing to the trial court with jurisdiction over the alleged
91	offense, the state or the victim demonstrates that:
92	1.(a)  The identity of the victim is not already known in
93	the community;
94	2.(b)  The victim has not voluntarily called public
95	attention to the offense;
96	3.(c)  The identity of the victim has not otherwise become
97	a reasonable subject of public concern;
98	4.(d)  The disclosure of the victim's identity would be
99	offensive to a reasonable person; and
100	5.(e)  The disclosure of the victim's identity would:
101	a.1.  Endanger the victim because the assailant has not
102	been apprehended and is not otherwise known to the victim;
103	b.2.  Endanger the victim because of the likelihood of
104	retaliation, harassment, or intimidation;
105	c.3.  Cause severe emotional or mental harm to the victim;
106	d.4.  Make the victim unwilling to testify as a witness; or
107	e.5.  Be inappropriate for other good cause shown.
108	(b)  In any civil or criminal proceeding involving the
109	production, possession, or promotion of child pornography where
110	the victim depicted in the image or images is a party to the
111	case or a witness in the case, the showing required in
112	subparagraph (a)1. is waived and all the protections under this
113	section will apply to protect the victim's privacy.
114	(3)  The state may use a pseudonym instead of the victim's
115	name to designate the victim of a crime described in chapter 794
116	or chapter 800, or of child abuse, aggravated child abuse, or
117	sexual performance by a child as described in chapter 827, or
118	any crime involving a victim of production, possession, or
119	promotion of child pornography as described in chapter 827 or
120	chapter 847, in all court records and records of court
121	proceedings, both civil and criminal.
122	Section 2.  Subsection (7) of section 800.04, Florida
123	Statutes, is amended, and paragraph (b) of that subsection is
124	renumbered as s. 847.01355, Florida Statutes, and amended, to
125	read:
126	800.04  Lewd or lascivious offenses committed upon or in
127	the presence of persons less than 16 years of age.--
128	(7)  LEWD OR LASCIVIOUS EXHIBITION.--
129	(a)  A person who:
130	1.  Intentionally masturbates;
131	2.  Intentionally exposes the genitals in a lewd or
132	lascivious manner; or
133	3.  Intentionally commits any other sexual act that does
134	not involve actual physical or sexual contact with the victim,
135	including, but not limited to, sadomasochistic abuse, sexual
136	bestiality, or the simulation of any act involving sexual
137	activity
138
139	in the presence of a victim who is less than 16 years of age,
140	commits lewd or lascivious exhibition.
141	(b)(c)  An offender 18 years of age or older who commits a
142	lewd or lascivious exhibition commits a felony of the second
143	degree, punishable as provided in s. 775.082, s. 775.083, or s.
144	775.084.
145	(c)(d)  An offender less than 18 years of age who commits a
146	lewd or lascivious exhibition commits a felony of the third
147	degree, punishable as provided in s. 775.082, s. 775.083, or s.
148	775.084.
149	847.01355  Lewd or lascivious exhibition using a
150	computer.--
151	(1)(b)  A person who:
152	(a)1.  Intentionally masturbates;
153	(b)2.  Intentionally exposes the genitals in a lewd or
154	lascivious manner; or
155	(c)3.  Intentionally commits any other sexual act that does
156	not involve actual physical or sexual contact with the victim,
157	including, but not limited to, sadomasochistic abuse, sexual
158	bestiality, or the simulation of any act involving sexual
159	activity
160
161	live over a computer online service, Internet service, or local
162	bulletin board service and who knows or should know or has
163	reason to believe that the transmission is viewed on a computer
164	or television monitor by a victim in this state who is less than
165	16 years of age, commits lewd or lascivious exhibition in
166	violation of this section. The fact that an undercover operative
167	or law enforcement officer was involved in the detection and
168	investigation of an offense under this section paragraph shall
169	not constitute a defense to a prosecution under this section
170	paragraph.
171	(2)  An offender 18 years of age or older who commits a
172	lewd or lascivious exhibition using a computer commits a felony
173	of the second degree, punishable as provided in s. 775.082, s.
174	775.083, or s. 775.084.
175	(3)  An offender less than 18 years of age who commits a
176	lewd or lascivious exhibition using a computer commits a felony
177	of the third degree, punishable as provided in s. 775.082, s.
178	775.083, or s. 775.084.
179	(4)  A mother's breastfeeding of her baby does not under
180	any circumstance constitute a violation of this section.
181	Section 3.  Section 847.002, Florida Statutes, is created
182	to read:
183	847.002  Child pornography prosecutions.--
184	(1)  Any law enforcement officer in this state submitting a
185	case for prosecution that involves the creation, possession, or
186	promotion of child pornography shall provide to the designated
187	prosecutor, within 30 days of arrest of a person charged with
188	the creation, possession, or promotion such child pornography a
189	detailed list of all images involved in the case which contain
190	the depiction of a known victim of child pornography as defined
191	in s. 960.03. In addition, the arresting officer shall include
192	the law enforcement contact information provided for that victim
193	by the National Center for Missing and Exploited Children's
194	Child Victim Identification Program.
195	(2)  The state attorneys and the statewide prosecutor must,
196	whenever possible, pursue prosecution of those involved in the
197	creation, possession, or promotion of images of child
198	pornography described in subsection (1) in which a known victim
199	from within this state is depicted. Further, the prosecuting
200	agency must, in every filed case involving child pornography,
201	enter the following information into the Victims in Child
202	Pornography Tracking Repeat Exploitation database maintained by
203	the Office of the Attorney General:
204	(a)  The case number and agency file number.
205	(b)  The named defendant.
206	(c)  The circuit court division and county.
207	(d)  Current court dates and the status of the case.
208	(e)  Contact information for the prosecutor assigned.
209	(f)  Verification that the prosecutor is or is not in
210	possession of a victim impact statement and will use the
211	statement in sentencing.
212	Section 4.  Section 847.01357, Florida Statutes, is created
213	to read:
214	847.01357  Exploited children's civil remedy.--
215	(1)  Any person who is a victim of a sexual abuse crime
216	listed in chapter 794, chapter 800, chapter 827, or chapter 847
217	wherein any portion of that abuse was used in the production of
218	images of child sexual abuse, otherwise known as child
219	pornography, and who suffers personal or psychological injury as
220	a result of the production, promotion, or possession of such
221	images, regardless of whether the sexual abuse occurred while
222	such person was a minor, may bring an action in any appropriate
223	state court and shall recover the actual damages such person
224	sustains and the cost of the suit, including reasonable
225	attorney's fees. Any victim as described in this subsection who
226	is awarded damages under this subsection and who is thereafter
227	exploited by the further production, possession, or promotion of
228	pornographic images of his or her own victimization shall be
229	deemed to have sustained damages of no less than $150,000 in
230	value in any instance of the further production, possession, or
231	promotion of such an image.
232	(2)  Notwithstanding any other provisions of law, any
233	action commenced under this section must be filed within 3 years
234	of the later of:
235	(a)  The conclusion of a related criminal case;
236	(b)  The notification to the victim by a member of law
237	enforcement of the creation, possession, or promotion of
238	pornographic images; or
239	(c)  In the case of a person under the age of 18, within 3
240	years after the person reaches the age of 18.
241	(3)  Any victim who has a bona fide claim under this
242	section shall, upon request, be provided a confidential
243	pseudonym, pursuant to s. 92.56(1)(b), which shall be issued and
244	maintained by the Department of Legal Affairs for use in all
245	legal pleadings. This identifier shall be fully recognized in
246	all courts in this state as a valid legal identity.
247	(4)  It is not a defense to a civil cause of action under
248	this section that the respondent did not know the complainant or
249	commit the abuse depicted in any image of child pornography.
250	(5)  To prevent the further exploitation of victims for
251	monetary gain by any other person, the Office of the Attorney
252	General shall be designated to pursue cases on behalf of any
253	victim under this section. All damages obtained in such cases
254	shall go to the victims and the Office of the Attorney General
255	may seek reasonable attorney's fees and costs for itself under
256	this section.
257	Section 5.  Paragraph (a) of subsection (3) of section
258	960.03, Florida Statutes, is amended, subsections (10) through
259	(13) of that section are renumbered as subsections (11) through
260	(14), respectively, a new subsection (10) is added to that
261	section, and present subsection (13) of that section is amended,
262	to read:
263	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
264	960.01-960.28, unless the context otherwise requires, the term:
265	(3)  "Crime" means:
266	(a)  A felony or misdemeanor offense committed by either an
267	adult or a juvenile which results in psychological injury or
268	trauma, physical injury, or death. The term also includes any
269	such criminal act which is committed within this state but which
270	falls exclusively within federal jurisdiction.
271	(10)  "Known victim of child pornography" means any person
272	who, while under the age of 18, was depicted in any image of
273	child pornography and who has been identified through a report
274	generated by a member of law enforcement and provided to the
275	National Center for Missing and Exploited Children's Child
276	Victim Identification Program.
277	(14)(13)  "Victim" means:
278	(a)  A person who suffers personal physical injury or death
279	as a direct result of a crime;
280	(b)  A person less than 16 years of age who was present at
281	the scene of a crime, saw or heard the crime, and suffered a
282	psychiatric or psychological injury because of the crime, but
283	who was not physically injured; or
284	(c)  A person against whom a forcible felony was committed
285	and who suffers a psychiatric or psychological injury as a
286	direct result of that crime but who does not otherwise sustain a
287	personal physical injury or death;.
288	(d)  A child less than 18 years of age who is a victim of
289	online sexual exploitation under any provision of s. 827.071, s.
290	847.0135, s. 847.0137, or s. 847.0138 and who suffers
291	psychiatric or psychological injury as a direct result of that
292	crime, but who does not otherwise sustain a personal physical
293	injury or death; or
294	(e)  Any resident of this state of any age who, while under
295	the age of 18, was depicted in any image or video, regardless of
296	length, of child pornography as defined in s. 847.001 and who
297	has been identified by law enforcement and the National Center
298	for Missing and Exploited Children as a known victim of child
299	pornography, which image or video is recovered by a law
300	enforcement investigation or is related to a criminal
301	prosecution.
302	Section 6.  Paragraph (b) of subsection (2) of section
303	90.404, Florida Statutes, is amended to read:
304	90.404  Character evidence; when admissible.--
305	(2)  OTHER CRIMES, WRONGS, OR ACTS.--
306	(b)1.  In a criminal case in which the defendant is charged
307	with a crime involving child molestation, evidence of the
308	defendant's commission of other crimes, wrongs, or acts of child
309	molestation is admissible, and may be considered for its bearing
310	on any matter to which it is relevant.
311	2.  For the purposes of this paragraph, the term "child
312	molestation" means conduct proscribed by s. 794.011, or s.
313	800.04, or s. 847.01355 when committed against a person 16 years
314	of age or younger.
315	Section 7.  Subsection (2) of section 92.565, Florida
316	Statutes, is amended to read:
317	92.565  Admissibility of confession in sexual abuse
318	cases.--
319	(2)  In any criminal action in which the defendant is
320	charged with a crime against a victim under s. 794.011; s.
321	794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
322	s. 827.04, involving sexual abuse; or s. 827.071; or s.
323	847.01355, or any other crime involving sexual abuse of another,
324	or with any attempt, solicitation, or conspiracy to commit any
325	of these crimes, the defendant's memorialized confession or
326	admission is admissible during trial without the state having to
327	prove a corpus delicti of the crime if the court finds in a
328	hearing conducted outside the presence of the jury that the
329	state is unable to show the existence of each element of the
330	crime, and having so found, further finds that the defendant's
331	confession or admission is trustworthy. Factors which may be
332	relevant in determining whether the state is unable to show the
333	existence of each element of the crime include, but are not
334	limited to, the fact that, at the time the crime was committed,
335	the victim was:
336	(a)  Physically helpless, mentally incapacitated, or
337	mentally defective, as those terms are defined in s. 794.011;
338	(b)  Physically incapacitated due to age, infirmity, or any
339	other cause; or
340	(c)  Less than 12 years of age.
341	Section 8.  Paragraph (e) of subsection (9) of section
342	394.912, Florida Statutes, is amended to read:
343	394.912  Definitions.--As used in this part, the term:
344	(9)  "Sexually violent offense" means:
345	(e)  Lewd, lascivious, or indecent assault or act upon or
346	in presence of the child in violation of s. 800.04 or s.
347	847.01355;
348	Section 9.  Section 409.2355, Florida Statutes, is amended
349	to read:
350	409.2355  Programs for prosecution of males over age 21 who
351	commit certain offenses involving girls under age 16.--Subject
352	to specific appropriated funds, the Department of Children and
353	Family Services is directed to establish a program by which
354	local communities, through the state attorney's office of each
355	judicial circuit, may apply for grants to fund innovative
356	programs for the prosecution of males over the age of 21 who
357	victimize girls under the age of 16 in violation of s. 794.011,
358	s. 794.05, s. 800.04, or s. 827.04(3), or s. 847.01355.
359	Section 10.  Paragraph (a) of subsection (9) of section
360	775.082, Florida Statutes, is amended to read:
361	775.082  Penalties; applicability of sentencing structures;
362	mandatory minimum sentences for certain reoffenders previously
363	released from prison.--
364	(9)(a)1.  "Prison releasee reoffender" means any defendant
365	who commits, or attempts to commit:
366	a.  Treason;
367	b.  Murder;
368	c.  Manslaughter;
369	d.  Sexual battery;
370	e.  Carjacking;
371	f.  Home-invasion robbery;
372	g.  Robbery;
373	h.  Arson;
374	i.  Kidnapping;
375	j.  Aggravated assault with a deadly weapon;
376	k.  Aggravated battery;
377	l.  Aggravated stalking;
378	m.  Aircraft piracy;
379	n.  Unlawful throwing, placing, or discharging of a
380	destructive device or bomb;
381	o.  Any felony that involves the use or threat of physical
382	force or violence against an individual;
383	p.  Armed burglary;
384	q.  Burglary of a dwelling or burglary of an occupied
385	structure; or
386	r.  Any felony violation of s. 790.07, s. 800.04, s.
387	827.03, or s. 827.071, or s. 847.01355;
388
389	within 3 years after being released from a state correctional
390	facility operated by the Department of Corrections or a private
391	vendor or within 3 years after being released from a
392	correctional institution of another state, the District of
393	Columbia, the United States, any possession or territory of the
394	United States, or any foreign jurisdiction, following
395	incarceration for an offense for which the sentence is
396	punishable by more than 1 year in this state.
397	2.  "Prison releasee reoffender" also means any defendant
398	who commits or attempts to commit any offense listed in sub-
399	subparagraphs (a)1.a.-r. while the defendant was serving a
400	prison sentence or on escape status from a state correctional
401	facility operated by the Department of Corrections or a private
402	vendor or while the defendant was on escape status from a
403	correctional institution of another state, the District of
404	Columbia, the United States, any possession or territory of the
405	United States, or any foreign jurisdiction, following
406	incarceration for an offense for which the sentence is
407	punishable by more than 1 year in this state.
408	3.  If the state attorney determines that a defendant is a
409	prison releasee reoffender as defined in subparagraph 1., the
410	state attorney may seek to have the court sentence the defendant
411	as a prison releasee reoffender. Upon proof from the state
412	attorney that establishes by a preponderance of the evidence
413	that a defendant is a prison releasee reoffender as defined in
414	this section, such defendant is not eligible for sentencing
415	under the sentencing guidelines and must be sentenced as
416	follows:
417	a.  For a felony punishable by life, by a term of
418	imprisonment for life;
419	b.  For a felony of the first degree, by a term of
420	imprisonment of 30 years;
421	c.  For a felony of the second degree, by a term of
422	imprisonment of 15 years; and
423	d.  For a felony of the third degree, by a term of
424	imprisonment of 5 years.
425	Section 11.  Paragraph (d) of subsection (1) of section
426	775.084, Florida Statutes, is amended to read:
427	775.084  Violent career criminals; habitual felony
428	offenders and habitual violent felony offenders; three-time
429	violent felony offenders; definitions; procedure; enhanced
430	penalties or mandatory minimum prison terms.--
431	(1)  As used in this act:
432	(d)  "Violent career criminal" means a defendant for whom
433	the court must impose imprisonment pursuant to paragraph (4)(d),
434	if it finds that:
435	1.  The defendant has previously been convicted as an adult
436	three or more times for an offense in this state or other
437	qualified offense that is:
438	a.  Any forcible felony, as described in s. 776.08;
439	b.  Aggravated stalking, as described in s. 784.048(3) and
440	(4);
441	c.  Aggravated child abuse, as described in s. 827.03(2);
442	d.  Aggravated abuse of an elderly person or disabled
443	adult, as described in s. 825.102(2);
444	e.  Lewd or lascivious battery, lewd or lascivious
445	molestation, lewd or lascivious conduct, or lewd or lascivious
446	exhibition, as described in s. 800.04 or s. 847.01355;
447	f.  Escape, as described in s. 944.40; or
448	g.  A felony violation of chapter 790 involving the use or
449	possession of a firearm.
450	2.  The defendant has been incarcerated in a state prison
451	or a federal prison.
452	3.  The primary felony offense for which the defendant is
453	to be sentenced is a felony enumerated in subparagraph 1. and
454	was committed on or after October 1, 1995, and:
455	a.  While the defendant was serving a prison sentence or
456	other sentence, or court-ordered or lawfully imposed supervision
457	that is imposed as a result of a prior conviction for an
458	enumerated felony; or
459	b.  Within 5 years after the conviction of the last prior
460	enumerated felony, or within 5 years after the defendant's
461	release from a prison sentence, probation, community control,
462	control release, conditional release, parole, or court-ordered
463	or lawfully imposed supervision or other sentence that is
464	imposed as a result of a prior conviction for an enumerated
465	felony, whichever is later.
466	4.  The defendant has not received a pardon for any felony
467	or other qualified offense that is necessary for the operation
468	of this paragraph.
469	5.  A conviction of a felony or other qualified offense
470	necessary to the operation of this paragraph has not been set
471	aside in any postconviction proceeding.
472	Section 12.  Paragraph (a) of subsection (13) and paragraph
473	(a) of subsection (16) of section 775.15, Florida Statutes, are
474	amended to read:
475	775.15  Time limitations; general time limitations;
476	exceptions.--
477	(13)(a)  If the victim of a violation of s. 794.011, former
478	s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04, or s.
479	847.01355 is under the age of 18, the applicable period of
480	limitation, if any, does not begin to run until the victim has
481	reached the age of 18 or the violation is reported to a law
482	enforcement agency or other governmental agency, whichever
483	occurs earlier. Such law enforcement agency or other
484	governmental agency shall promptly report such allegation to the
485	state attorney for the judicial circuit in which the alleged
486	violation occurred. If the offense is a first or second degree
487	felony violation of s. 794.011, and the offense is reported
488	within 72 hours after its commission, the prosecution for such
489	offense may be commenced at any time. This paragraph applies to
490	any such offense except an offense the prosecution of which
491	would have been barred by subsection (2) on or before December
492	31, 1984.
493	(16)(a)  In addition to the time periods prescribed in this
494	section, a prosecution for any of the following offenses may be
495	commenced at any time after the date on which the identity of
496	the accused is established, or should have been established by
497	the exercise of due diligence, through the analysis of
498	deoxyribonucleic acid (DNA) evidence, if a sufficient portion of
499	the evidence collected at the time of the original investigation
500	and tested for DNA is preserved and available for testing by the
501	accused:
502	1.  Aggravated battery or any felony battery offense under
503	chapter 784.
504	2.  Kidnapping under s. 787.01 or false imprisonment under
505	s. 787.02.
506	3.  An offense of sexual battery under chapter 794.
507	4.  A lewd or lascivious offense under s. 800.04, or s.
508	825.1025, or s. 847.01355.
509	5.  A burglary offense under s. 810.02.
510	6.  A robbery offense under s. 812.13, s. 812.131, or s.
511	812.135.
512	7.  Carjacking under s. 812.133.
513	8.  Aggravated child abuse under s. 827.03.
514	Section 13.  Paragraph (a) of subsection (4) and paragraph
515	(b) of subsection (10) of section 775.21, Florida Statutes, are
516	amended to read:
517	775.21  The Florida Sexual Predators Act.--
518	(4)  SEXUAL PREDATOR CRITERIA.--
519	(a)  For a current offense committed on or after October 1,
520	1993, upon conviction, an offender shall be designated as a
521	"sexual predator" under subsection (5), and subject to
522	registration under subsection (6) and community and public
523	notification under subsection (7) if:
524	1.  The felony is:
525	a.  A capital, life, or first-degree felony violation, or
526	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
527	is a minor and the defendant is not the victim's parent or
528	guardian, or s. 794.011, s. 800.04, s. 847.01355, or s.
529	847.0145, or a violation of a similar law of another
530	jurisdiction; or
531	b.  Any felony violation, or any attempt thereof, of s.
532	787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
533	minor and the defendant is not the victim's parent or guardian;
534	s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
535	796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.01355;
536	s. 847.0145; or s. 985.701(1); or a violation of a similar law
537	of another jurisdiction, and the offender has previously been
538	convicted of or found to have committed, or has pled nolo
539	contendere or guilty to, regardless of adjudication, any
540	violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
541	the victim is a minor and the defendant is not the victim's
542	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
543	794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
544	827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.
545	847.01355; s. 847.0145; or s. 985.701(1); or a violation of a
546	similar law of another jurisdiction;
547	2.  The offender has not received a pardon for any felony
548	or similar law of another jurisdiction that is necessary for the
549	operation of this paragraph; and
550	3.  A conviction of a felony or similar law of another
551	jurisdiction necessary to the operation of this paragraph has
552	not been set aside in any postconviction proceeding.
553	(10)  PENALTIES.--
554	(b)  A sexual predator who has been convicted of or found
555	to have committed, or has pled nolo contendere or guilty to,
556	regardless of adjudication, any violation, or attempted
557	violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
558	the victim is a minor and the defendant is not the victim's
559	parent or guardian; s. 794.011, excluding s. 794.011(10); s.
560	794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
561	847.0133; s. 847.01355; s. 847.0145; or s. 985.701(1); or a
562	violation of a similar law of another jurisdiction when the
563	victim of the offense was a minor, and who works, whether for
564	compensation or as a volunteer, at any business, school, day
565	care center, park, playground, or other place where children
566	regularly congregate, commits a felony of the third degree,
567	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
568	Section 14.  Subsections (7) and (8) of section 784.048,
569	Florida Statutes, are amended to read:
570	784.048  Stalking; definitions; penalties.--
571	(7)  Any person who, after having been sentenced for a
572	violation of s. 794.011, or s. 800.04, or s. 847.01355 and
573	prohibited from contacting the victim of the offense under s.
574	921.244, willfully, maliciously, and repeatedly follows,
575	harasses, or cyberstalks the victim commits the offense of
576	aggravated stalking, a felony of the third degree, punishable as
577	provided in s. 775.082, s. 775.083, or s. 775.084.
578	(8)  The punishment imposed under this section shall run
579	consecutive to any former sentence imposed for a conviction for
580	any offense under s. 794.011, or s. 800.04, or s. 847.01355.
581	Section 15.  Paragraph (a) of subsection (3) of section
582	787.01, Florida Statutes, is amended to read:
583	787.01  Kidnapping; kidnapping of child under age 13,
584	aggravating circumstances.--
585	(3)(a)  A person who commits the offense of kidnapping upon
586	a child under the age of 13 and who, in the course of committing
587	the offense, commits one or more of the following:
588	1.  Aggravated child abuse, as defined in s. 827.03;
589	2.  Sexual battery, as defined in chapter 794, against the
590	child;
591	3.  Lewd or lascivious battery, lewd or lascivious
592	molestation, lewd or lascivious conduct, or lewd or lascivious
593	exhibition, in violation of s. 800.04 or s. 847.01355;
594	4.  A violation of s. 796.03 or s. 796.04, relating to
595	prostitution, upon the child; or
596	5.  Exploitation of the child or allowing the child to be
597	exploited, in violation of s. 450.151,
598
599	commits a life felony, punishable as provided in s. 775.082, s.
600	775.083, or s. 775.084.
601	Section 16.  Paragraph (a) of subsection (3) of section
602	787.02, Florida Statutes, is amended to read:
603	787.02  False imprisonment; false imprisonment of child
604	under age 13, aggravating circumstances.--
605	(3)(a)  A person who commits the offense of false
606	imprisonment upon a child under the age of 13 and who, in the
607	course of committing the offense, commits any offense enumerated
608	in subparagraphs 1.-5., commits a felony of the first degree,
609	punishable by imprisonment for a term of years not exceeding
610	life or as provided in s. 775.082, s. 775.083, or s. 775.084.
611	1.  Aggravated child abuse, as defined in s. 827.03;
612	2.  Sexual battery, as defined in chapter 794, against the
613	child;
614	3.  Lewd or lascivious battery, lewd or lascivious
615	molestation, lewd or lascivious conduct, or lewd or lascivious
616	exhibition, in violation of s. 800.04 or s. 847.01355;
617	4.  A violation of s. 796.03 or s. 796.04, relating to
618	prostitution, upon the child; or
619	5.  Exploitation of the child or allowing the child to be
620	exploited, in violation of s. 450.151.
621	Section 17.  Paragraph (c) of subsection (2) of section
622	787.025, Florida Statutes, is amended to read:
623	787.025  Luring or enticing a child.--
624	(2)
625	(c)  A person 18 years of age or older who, having been
626	previously convicted of a violation of chapter 794, or s.
627	800.04, or s. 847.01355, or a violation of a similar law of
628	another jurisdiction, intentionally lures or entices, or
629	attempts to lure or entice, a child under the age of 12 into a
630	structure, dwelling, or conveyance for other than a lawful
631	purpose commits a felony of the third degree, punishable as
632	provided in s. 775.082, s. 775.083, or s. 775.084.
633	Section 18.  Section 794.065, Florida Statutes, is amended
634	to read:
635	794.065  Unlawful place of residence for persons convicted
636	of certain sex offenses.--
637	(1)  It is unlawful for any person who has been convicted
638	of a violation of s. 794.011, s. 800.04, s. 827.071, s.
639	847.01355, or s. 847.0145, regardless of whether adjudication
640	has been withheld, in which the victim of the offense was less
641	than 16 years of age, to reside within 1,000 feet of any school,
642	day care center, park, or playground. A person who violates this
643	section and whose conviction under s. 794.011, s. 800.04, s.
644	827.071, s. 847.01355, or s. 847.0145 was classified as a felony
645	of the first degree or higher commits a felony of the third
646	degree, punishable as provided in s. 775.082 or s. 775.083. A
647	person who violates this section and whose conviction under s.
648	794.011, s. 800.04, s. 827.071, s. 847.01355, or s. 847.0145 was
649	classified as a felony of the second or third degree commits a
650	misdemeanor of the first degree, punishable as provided in s.
651	775.082 or s. 775.083.
652	(2)  This section applies to any person convicted of a
653	violation of s. 794.011, s. 800.04, s. 827.071, s. 847.01355, or
654	s. 847.0145 for offenses that occur on or after October 1, 2004.
655	Section 19.  Section 914.16, Florida Statutes, is amended
656	to read:
657	914.16  Child abuse and sexual abuse of victims under age
658	16 or persons with mental retardation; limits on
659	interviews.--The chief judge of each judicial circuit, after
660	consultation with the state attorney and the public defender for
661	the judicial circuit, the appropriate chief law enforcement
662	officer, and any other person deemed appropriate by the chief
663	judge, shall provide by order reasonable limits on the number of
664	interviews that a victim of a violation of s. 794.011, s.
665	800.04, or s. 827.03, or s. 847.01355 who is under 16 years of
666	age or a victim of a violation of s. 794.011, s. 800.02, s.
667	800.03, or s. 825.102 who is a person with mental retardation as
668	defined in s. 393.063 must submit to for law enforcement or
669	discovery purposes. The order shall, to the extent possible,
670	protect the victim from the psychological damage of repeated
671	interrogations while preserving the rights of the public, the
672	victim, and the person charged with the violation.
673	Section 20.  Paragraphs (d) and (e) of subsection (3) of
674	section 921.0022, Florida Statutes, are amended to read:
675	921.0022  Criminal Punishment Code; offense severity
676	ranking chart.--
677	(3)  OFFENSE SEVERITY RANKING CHART
678	(d)  LEVEL 4
679
	FloridaStatute FelonyDegree Description
680
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
681
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
682
	499.0051(2) 3rd Failure to authenticate pedigree papers.
683
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
684
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
685
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
686
	784.075 3rd Battery on detention or commitment facility staff.
687
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
688
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
689
	784.081(3) 3rd Battery on specified official or employee.
690
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
691
	784.083(3) 3rd Battery on code inspector.
692
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
693
	787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
694
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
695
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
696
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
697
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
698
	790.115(2)(c) 3rd Possessing firearm on school property.
699
	800.04(7)(c)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
700
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
701
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
702
	810.06 3rd Burglary; possession of tools.
703
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
704
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
705
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
706
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
707
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
708
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
709
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
710
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
711
	837.02(1) 3rd Perjury in official proceedings.
712
	837.021(1) 3rd Make contradictory statements in official proceedings.
713
	838.022 3rd Official misconduct.
714
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
715
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
716
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
717
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
718
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
719
	847.01355(3) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
720
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
721
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
722
	914.14(2) 3rd Witnesses accepting bribes.
723
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
724
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
725
	918.12 3rd Tampering with jurors.
726
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
727
728	(e)  LEVEL 5
729
	FloridaStatute FelonyDegree Description
730
	316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene.
731
	316.1935(4)(a) 2nd Aggravated fleeing or eluding.
732
	322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
733
	327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
734
	381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
735
	440.10(1)(g) 2nd Failure to obtain workers' compensation coverage.
736
	440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims.
737
	440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums.
738
	624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
739
	626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
740
	790.01(2) 3rd Carrying a concealed firearm.
741
	790.162 2nd Threat to throw or discharge destructive device.
742
	790.163(1) 2nd False report of deadly explosive or weapon of mass destruction.
743
	790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
744
	790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
745
	800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years.
746
	800.04(7)(b)(c) 2nd Lewd or lascivious exhibition; offender 18 years or older.
747
	806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
748
	812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
749
	812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
750
	812.019(1) 2nd Stolen property; dealing in or trafficking in.
751
	812.131(2)(b) 3rd Robbery by sudden snatching.
752
	812.16(2) 3rd Owning, operating, or conducting a chop shop.
753
	817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
754
	817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
755
	817.2341(1),(2)(a)&(3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
756
	817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals.
757
	817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder.
758
	825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
759
	827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
760
	827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child.
761
	839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
762
	843.01 3rd Resist officer with violence to person; resist arrest with violence.
763
	847.01355(2) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
764
	847.0137(2)&(3) 3rd Transmission of pornography by electronic device or equipment.
765
	847.0138(2)&(3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
766
	874.05(2) 2nd Encouraging or recruiting another to join a criminal street gang; second or subsequent offense.
767
	893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
768
	893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
769
	893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
770
	893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
771
	893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
772
	893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
773
774	Section 21.  Subsections (1) and (3) of section 921.244,
775	Florida Statutes, are amended to read:
776	921.244  Order of no contact; penalties.--
777	(1)  At the time of sentencing an offender convicted of a
778	violation of s. 794.011, or s. 800.04, or s. 847.01355, the
779	court shall order that the offender be prohibited from having
780	any contact with the victim, directly or indirectly, including
781	through a third person, for the duration of the sentence
782	imposed. The court may reconsider the order upon the request of
783	the victim if the request is made at any time after the victim
784	has attained 18 years of age. In considering the request, the
785	court shall conduct an evidentiary hearing to determine whether
786	a change of circumstances has occurred which warrants a change
787	in the court order prohibiting contact and whether it is in the
788	best interest of the victim that the court order be modified or
789	rescinded.
790	(3)  The punishment imposed under this section shall run
791	consecutive to any former sentence imposed for a conviction for
792	any offense under s. 794.011, or s. 800.04, or s. 847.01355.
793	Section 22.  Subsection (1) of section 938.10, Florida
794	Statutes, is amended to read:
795	938.10  Additional court cost imposed in cases of certain
796	crimes against minors.--
797	(1)  If a person pleads guilty or nolo contendere to, or is
798	found guilty of, regardless of adjudication, any offense against
799	a minor in violation of s. 784.085, chapter 787, chapter 794, s.
800	796.03, s. 800.04, chapter 827, s. 847.01355, s. 847.0145, or s.
801	985.701, the court shall impose a court cost of $101 against the
802	offender in addition to any other cost or penalty required by
803	law.
804	Section 23.  Paragraph (a) of subsection (1) of section
805	943.0435, Florida Statutes, is amended to read:
806	943.0435  Sexual offenders required to register with the
807	department; penalty.--
808	(1)  As used in this section, the term:
809	(a)1.  "Sexual offender" means a person who meets the
810	criteria in sub-subparagraph a., sub-subparagraph b., sub-
811	subparagraph c., or sub-subparagraph d., as follows:
812	a.(I)  Has been convicted of committing, or attempting,
813	soliciting, or conspiring to commit, any of the criminal
814	offenses proscribed in the following statutes in this state or
815	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
816	or s. 787.025(2)(c), where the victim is a minor and the
817	defendant is not the victim's parent or guardian; s. 794.011,
818	excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
819	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
820	excluding s. 847.0135(4); s. 847.01355; s. 847.0137; s.
821	847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
822	committed in this state which has been redesignated from a
823	former statute number to one of those listed in this sub-sub-
824	subparagraph; and
825	(II)  Has been released on or after October 1, 1997, from
826	the sanction imposed for any conviction of an offense described
827	in sub-sub-subparagraph (I). For purposes of sub-sub-
828	subparagraph (I), a sanction imposed in this state or in any
829	other jurisdiction includes, but is not limited to, a fine,
830	probation, community control, parole, conditional release,
831	control release, or incarceration in a state prison, federal
832	prison, private correctional facility, or local detention
833	facility;
834	b.  Establishes or maintains a residence in this state and
835	who has not been designated as a sexual predator by a court of
836	this state but who has been designated as a sexual predator, as
837	a sexually violent predator, or by another sexual offender
838	designation in another state or jurisdiction and was, as a
839	result of such designation, subjected to registration or
840	community or public notification, or both, or would be if the
841	person were a resident of that state or jurisdiction, without
842	regard to whether the person otherwise meets the criteria for
843	registration as a sexual offender;
844	c.  Establishes or maintains a residence in this state who
845	is in the custody or control of, or under the supervision of,
846	any other state or jurisdiction as a result of a conviction for
847	committing, or attempting, soliciting, or conspiring to commit,
848	any of the criminal offenses proscribed in the following
849	statutes or similar offense in another jurisdiction: s. 787.01,
850	s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
851	the defendant is not the victim's parent or guardian; s.
852	794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
853	796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
854	847.0135, excluding s. 847.0135(4); s. 847.01355; s. 847.0137;
855	s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
856	offense committed in this state which has been redesignated from
857	a former statute number to one of those listed in this sub-
858	subparagraph; or
859	d.  On or after July 1, 2007, has been adjudicated
860	delinquent for committing, or attempting, soliciting, or
861	conspiring to commit, any of the criminal offenses proscribed in
862	the following statutes in this state or similar offenses in
863	another jurisdiction when the juvenile was 14 years of age or
864	older at the time of the offense:
865	(I)  Section 794.011, excluding s. 794.011(10);
866	(II)  Section 800.04(4)(b) where the victim is under 12
867	years of age or where the court finds sexual activity by the use
868	of force or coercion;
869	(III)  Section 800.04(5)(c)1. where the court finds
870	molestation involving unclothed genitals; or
871	(IV)  Section 800.04(5)(d) where the court finds the use of
872	force or coercion and unclothed genitals.
873	2.  For all qualifying offenses listed in sub-subparagraph
874	(1)(a)1.d., the court shall make a written finding of the age of
875	the offender at the time of the offense.
876
877	For each violation of a qualifying offense listed in this
878	subsection, the court shall make a written finding of the age of
879	the victim at the time of the offense. For a violation of s.
880	800.04(4), the court shall additionally make a written finding
881	indicating that the offense did or did not involve sexual
882	activity and indicating that the offense did or did not involve
883	force or coercion. For a violation of s. 800.04(5), the court
884	shall additionally make a written finding that the offense did
885	or did not involve unclothed genitals or genital area and that
886	the offense did or did not involve the use of force or coercion.
887	Section 24.  Subsections (1), (2), and (4) of section
888	943.04354, Florida Statutes, are amended to read:
889	943.04354  Removal of the requirement to register as a
890	sexual offender or sexual predator in special circumstances.--
891	(1)  For purposes of this section, a person shall be
892	considered for removal of the requirement to register as a
893	sexual offender or sexual predator only if the person:
894	(a)  Was or will be convicted or adjudicated delinquent of
895	a violation of s. 794.011, or s. 800.04, or s. 847.01355 or the
896	person committed a violation of s. 794.011, or s. 800.04, or s.
897	847.01355 for which adjudication of guilt was or will be
898	withheld, and the person does not have any other conviction,
899	adjudication of delinquency, or withhold of adjudication of
900	guilt for a violation of s. 794.011, or s. 800.04, or s.
901	847.01355;
902	(b)  Is required to register as a sexual offender or sexual
903	predator solely on the basis of this violation; and
904	(c)  Is not more than 4 years older than the victim of this
905	violation who was 14 years of age or older but not more than 17
906	years of age at the time the person committed this violation.
907	(2)  If a person meets the criteria in subsection (1) and
908	the violation of s. 794.011, or s. 800.04, or s. 847.01355 was
909	committed on or after July 1, 2007, the person may move the
910	court that will sentence or dispose of this violation to remove
911	the requirement that the person register as a sexual offender or
912	sexual predator. The person must allege in the motion that he or
913	she meets the criteria in subsection (1) and that removal of the
914	registration requirement will not conflict with federal law. The
915	state attorney must be given notice of the motion at least 21
916	days before the date of sentencing or disposition of this
917	violation and may present evidence in opposition to the
918	requested relief or may otherwise demonstrate why the motion
919	should be denied. At sentencing or disposition of this
920	violation, the court shall rule on this motion and, if the court
921	determines the person meets the criteria in subsection (1) and
922	the removal of the registration requirement will not conflict
923	with federal law, it may grant the motion and order the removal
924	of the registration requirement. If the court denies the motion,
925	the person is not authorized under this section to petition for
926	removal of the registration requirement.
927	(4)  If a person provides to the Department of Law
928	Enforcement a certified copy of the court's order removing the
929	requirement that the person register as a sexual offender or
930	sexual predator for the violation of s. 794.011, or s. 800.04,
931	or s. 847.01355, the registration requirement will not apply to
932	the person and the department shall remove all information about
933	the person from the public registry of sexual offenders and
934	sexual predators maintained by the department. However, the
935	removal of this information from the public registry does not
936	mean that the public is denied access to information about the
937	person's criminal history or record that is otherwise available
938	as a public record.
939	Section 25.  Section 943.0585, Florida Statutes, is amended
940	to read:
941	943.0585  Court-ordered expunction of criminal history
942	records.--The courts of this state have jurisdiction over their
943	own procedures, including the maintenance, expunction, and
944	correction of judicial records containing criminal history
945	information to the extent such procedures are not inconsistent
946	with the conditions, responsibilities, and duties established by
947	this section. Any court of competent jurisdiction may order a
948	criminal justice agency to expunge the criminal history record
949	of a minor or an adult who complies with the requirements of
950	this section. The court shall not order a criminal justice
951	agency to expunge a criminal history record until the person
952	seeking to expunge a criminal history record has applied for and
953	received a certificate of eligibility for expunction pursuant to
954	subsection (2). A criminal history record that relates to a
955	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
956	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
957	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.01355, s.
958	847.0145, s. 893.135, s. 916.1075, a violation enumerated in s.
959	907.041, or any violation specified as a predicate offense for
960	registration as a sexual predator pursuant to s. 775.21, without
961	regard to whether that offense alone is sufficient to require
962	such registration, or for registration as a sexual offender
963	pursuant to s. 943.0435, may not be expunged, without regard to
964	whether adjudication was withheld, if the defendant was found
965	guilty of or pled guilty or nolo contendere to the offense, or
966	if the defendant, as a minor, was found to have committed, or
967	pled guilty or nolo contendere to committing, the offense as a
968	delinquent act. The court may only order expunction of a
969	criminal history record pertaining to one arrest or one incident
970	of alleged criminal activity, except as provided in this
971	section. The court may, at its sole discretion, order the
972	expunction of a criminal history record pertaining to more than
973	one arrest if the additional arrests directly relate to the
974	original arrest. If the court intends to order the expunction of
975	records pertaining to such additional arrests, such intent must
976	be specified in the order. A criminal justice agency may not
977	expunge any record pertaining to such additional arrests if the
978	order to expunge does not articulate the intention of the court
979	to expunge a record pertaining to more than one arrest. This
980	section does not prevent the court from ordering the expunction
981	of only a portion of a criminal history record pertaining to one
982	arrest or one incident of alleged criminal activity.
983	Notwithstanding any law to the contrary, a criminal justice
984	agency may comply with laws, court orders, and official requests
985	of other jurisdictions relating to expunction, correction, or
986	confidential handling of criminal history records or information
987	derived therefrom. This section does not confer any right to the
988	expunction of any criminal history record, and any request for
989	expunction of a criminal history record may be denied at the
990	sole discretion of the court.
991	(1)  PETITION TO EXPUNGE A CRIMINAL HISTORY RECORD.--Each
992	petition to a court to expunge a criminal history record is
993	complete only when accompanied by:
994	(a)  A valid certificate of eligibility for expunction
995	issued by the department pursuant to subsection (2).
996	(b)  The petitioner's sworn statement attesting that the
997	petitioner:
998	1.  Has never, prior to the date on which the petition is
999	filed, been adjudicated guilty of a criminal offense or
1000	comparable ordinance violation, or been adjudicated delinquent
1001	for committing any felony or a misdemeanor specified in s.
1002	943.051(3)(b).
1003	2.  Has not been adjudicated guilty of, or adjudicated
1004	delinquent for committing, any of the acts stemming from the
1005	arrest or alleged criminal activity to which the petition
1006	pertains.
1007	3.  Has never secured a prior sealing or expunction of a
1008	criminal history record under this section, former s. 893.14,
1009	former s. 901.33, or former s. 943.058, or from any jurisdiction
1010	outside the state, unless expunction is sought of a criminal
1011	history record previously sealed for 10 years pursuant to
1012	paragraph (2)(h) and the record is otherwise eligible for
1013	expunction.
1014	4.  Is eligible for such an expunction to the best of his
1015	or her knowledge or belief and does not have any other petition
1016	to expunge or any petition to seal pending before any court.
1017
1018	Any person who knowingly provides false information on such
1019	sworn statement to the court commits a felony of the third
1020	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1021	775.084.
1022	(2)  CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.--Prior to
1023	petitioning the court to expunge a criminal history record, a
1024	person seeking to expunge a criminal history record shall apply
1025	to the department for a certificate of eligibility for
1026	expunction. The department shall, by rule adopted pursuant to
1027	chapter 120, establish procedures pertaining to the application
1028	for and issuance of certificates of eligibility for expunction.
1029	A certificate of eligibility for expunction is valid for 12
1030	months after the date stamped on the certificate when issued by
1031	the department. After that time, the petitioner must reapply to
1032	the department for a new certificate of eligibility. Eligibility
1033	for a renewed certification of eligibility must be based on the
1034	status of the applicant and the law in effect at the time of the
1035	renewal application. The department shall issue a certificate of
1036	eligibility for expunction to a person who is the subject of a
1037	criminal history record if that person:
1038	(a)  Has obtained, and submitted to the department, a
1039	written, certified statement from the appropriate state attorney
1040	or statewide prosecutor which indicates:
1041	1.  That an indictment, information, or other charging
1042	document was not filed or issued in the case.
1043	2.  That an indictment, information, or other charging
1044	document, if filed or issued in the case, was dismissed or nolle
1045	prosequi by the state attorney or statewide prosecutor, or was
1046	dismissed by a court of competent jurisdiction, and that none of
1047	the charges related to the arrest or alleged criminal activity
1048	to which the petition to expunge pertains resulted in a trial,
1049	without regard to whether the outcome of the trial was other
1050	than an adjudication of guilt.
1051	3.  That the criminal history record does not relate to a
1052	violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
1053	s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
1054	827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.01355, s.
1055	847.0145, s. 893.135, s. 916.1075, a violation enumerated in s.
1056	907.041, or any violation specified as a predicate offense for
1057	registration as a sexual predator pursuant to s. 775.21, without
1058	regard to whether that offense alone is sufficient to require
1059	such registration, or for registration as a sexual offender
1060	pursuant to s. 943.0435, where the defendant was found guilty
1061	of, or pled guilty or nolo contendere to any such offense, or
1062	that the defendant, as a minor, was found to have committed, or
1063	pled guilty or nolo contendere to committing, such an offense as
1064	a delinquent act, without regard to whether adjudication was
1065	withheld.
1066	(b)  Remits a $75 processing fee to the department for
1067	placement in the Department of Law Enforcement Operating Trust
1068	Fund, unless such fee is waived by the executive director.
1069	(c)  Has submitted to the department a certified copy of
1070	the disposition of the charge to which the petition to expunge
1071	pertains.
1072	(d)  Has never, prior to the date on which the application
1073	for a certificate of eligibility is filed, been adjudicated
1074	guilty of a criminal offense or comparable ordinance violation,
1075	or been adjudicated delinquent for committing any felony or a
1076	misdemeanor specified in s. 943.051(3)(b).
1077	(e)  Has not been adjudicated guilty of, or adjudicated
1078	delinquent for committing, any of the acts stemming from the
1079	arrest or alleged criminal activity to which the petition to
1080	expunge pertains.
1081	(f)  Has never secured a prior sealing or expunction of a
1082	criminal history record under this section, former s. 893.14,
1083	former s. 901.33, or former s. 943.058, unless expunction is
1084	sought of a criminal history record previously sealed for 10
1085	years pursuant to paragraph (h) and the record is otherwise
1086	eligible for expunction.
1087	(g)  Is no longer under court supervision applicable to the
1088	disposition of the arrest or alleged criminal activity to which
1089	the petition to expunge pertains.
1090	(h)  Has previously obtained a court order sealing the
1091	record under this section, former s. 893.14, former s. 901.33,
1092	or former s. 943.058 for a minimum of 10 years because
1093	adjudication was withheld or because all charges related to the
1094	arrest or alleged criminal activity to which the petition to
1095	expunge pertains were not dismissed prior to trial, without
1096	regard to whether the outcome of the trial was other than an
1097	adjudication of guilt. The requirement for the record to have
1098	previously been sealed for a minimum of 10 years does not apply
1099	when a plea was not entered or all charges related to the arrest
1100	or alleged criminal activity to which the petition to expunge
1101	pertains were dismissed prior to trial.
1102	(3)  PROCESSING OF A PETITION OR ORDER TO EXPUNGE.--
1103	(a)  In judicial proceedings under this section, a copy of
1104	the completed petition to expunge shall be served upon the
1105	appropriate state attorney or the statewide prosecutor and upon
1106	the arresting agency; however, it is not necessary to make any
1107	agency other than the state a party. The appropriate state
1108	attorney or the statewide prosecutor and the arresting agency
1109	may respond to the court regarding the completed petition to
1110	expunge.
1111	(b)  If relief is granted by the court, the clerk of the
1112	court shall certify copies of the order to the appropriate state
1113	attorney or the statewide prosecutor and the arresting agency.
1114	The arresting agency is responsible for forwarding the order to
1115	any other agency to which the arresting agency disseminated the
1116	criminal history record information to which the order pertains.
1117	The department shall forward the order to expunge to the Federal
1118	Bureau of Investigation. The clerk of the court shall certify a
1119	copy of the order to any other agency which the records of the
1120	court reflect has received the criminal history record from the
1121	court.
1122	(c)  For an order to expunge entered by a court prior to
1123	July 1, 1992, the department shall notify the appropriate state
1124	attorney or statewide prosecutor of an order to expunge which is
1125	contrary to law because the person who is the subject of the
1126	record has previously been convicted of a crime or comparable
1127	ordinance violation or has had a prior criminal history record
1128	sealed or expunged. Upon receipt of such notice, the appropriate
1129	state attorney or statewide prosecutor shall take action, within
1130	60 days, to correct the record and petition the court to void
1131	the order to expunge. The department shall seal the record until
1132	such time as the order is voided by the court.
1133	(d)  On or after July 1, 1992, the department or any other
1134	criminal justice agency is not required to act on an order to
1135	expunge entered by a court when such order does not comply with
1136	the requirements of this section. Upon receipt of such an order,
1137	the department must notify the issuing court, the appropriate
1138	state attorney or statewide prosecutor, the petitioner or the
1139	petitioner's attorney, and the arresting agency of the reason
1140	for noncompliance. The appropriate state attorney or statewide
1141	prosecutor shall take action within 60 days to correct the
1142	record and petition the court to void the order. No cause of
1143	action, including contempt of court, shall arise against any
1144	criminal justice agency for failure to comply with an order to
1145	expunge when the petitioner for such order failed to obtain the
1146	certificate of eligibility as required by this section or such
1147	order does not otherwise comply with the requirements of this
1148	section.
1149	(4)  EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
1150	criminal history record of a minor or an adult which is ordered
1151	expunged by a court of competent jurisdiction pursuant to this
1152	section must be physically destroyed or obliterated by any
1153	criminal justice agency having custody of such record; except
1154	that any criminal history record in the custody of the
1155	department must be retained in all cases. A criminal history
1156	record ordered expunged that is retained by the department is
1157	confidential and exempt from the provisions of s. 119.07(1) and
1158	s. 24(a), Art. I of the State Constitution and not available to
1159	any person or entity except upon order of a court of competent
1160	jurisdiction. A criminal justice agency may retain a notation
1161	indicating compliance with an order to expunge.
1162	(a)  The person who is the subject of a criminal history
1163	record that is expunged under this section or under other
1164	provisions of law, including former s. 893.14, former s. 901.33,
1165	and former s. 943.058, may lawfully deny or fail to acknowledge
1166	the arrests covered by the expunged record, except when the
1167	subject of the record:
1168	1.  Is a candidate for employment with a criminal justice
1169	agency;
1170	2.  Is a defendant in a criminal prosecution;
1171	3.  Concurrently or subsequently petitions for relief under
1172	this section or s. 943.059;
1173	4.  Is a candidate for admission to The Florida Bar;
1174	5.  Is seeking to be employed or licensed by or to contract
1175	with the Department of Children and Family Services or the
1176	Department of Juvenile Justice or to be employed or used by such
1177	contractor or licensee in a sensitive position having direct
1178	contact with children, the developmentally disabled, the aged,
1179	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1180	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1181	409.175(2)(i), s. 415.102(4), chapter 916, s. 985.644, chapter
1182	400, or chapter 429;
1183	6.  Is seeking to be employed or licensed by the Department
1184	of Education, any district school board, any university
1185	laboratory school, any charter school, any private or parochial
1186	school, or any local governmental entity that licenses child
1187	care facilities; or
1188	7.  Is seeking authorization from a Florida seaport
1189	identified in s. 311.09 for employment within or access to one
1190	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1191	(b)  Subject to the exceptions in paragraph (a), a person
1192	who has been granted an expunction under this section, former s.
1193	893.14, former s. 901.33, or former s. 943.058 may not be held
1194	under any provision of law of this state to commit perjury or to
1195	be otherwise liable for giving a false statement by reason of
1196	such person's failure to recite or acknowledge an expunged
1197	criminal history record.
1198	(c)  Information relating to the existence of an expunged
1199	criminal history record which is provided in accordance with
1200	paragraph (a) is confidential and exempt from the provisions of
1201	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1202	except that the department shall disclose the existence of a
1203	criminal history record ordered expunged to the entities set
1204	forth in subparagraphs (a)1., 4., 5., 6., and 7. for their
1205	respective licensing, access authorization, and employment
1206	purposes, and to criminal justice agencies for their respective
1207	criminal justice purposes. It is unlawful for any employee of an
1208	entity set forth in subparagraph (a)1., subparagraph (a)4.,
1209	subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to
1210	disclose information relating to the existence of an expunged
1211	criminal history record of a person seeking employment, access
1212	authorization, or licensure with such entity or contractor,
1213	except to the person to whom the criminal history record relates
1214	or to persons having direct responsibility for employment,
1215	access authorization, or licensure decisions. Any person who
1216	violates this paragraph commits a misdemeanor of the first
1217	degree, punishable as provided in s. 775.082 or s. 775.083.
1218	(5)  STATUTORY REFERENCES.--Any reference to any other
1219	chapter, section, or subdivision of the Florida Statutes in this
1220	section constitutes a general reference under the doctrine of
1221	incorporation by reference.
1222	Section 26.  Section 943.059, Florida Statutes, is amended
1223	to read:
1224	943.059  Court-ordered sealing of criminal history
1225	records.--The courts of this state shall continue to have
1226	jurisdiction over their own procedures, including the
1227	maintenance, sealing, and correction of judicial records
1228	containing criminal history information to the extent such
1229	procedures are not inconsistent with the conditions,
1230	responsibilities, and duties established by this section. Any
1231	court of competent jurisdiction may order a criminal justice
1232	agency to seal the criminal history record of a minor or an
1233	adult who complies with the requirements of this section. The
1234	court shall not order a criminal justice agency to seal a
1235	criminal history record until the person seeking to seal a
1236	criminal history record has applied for and received a
1237	certificate of eligibility for sealing pursuant to subsection
1238	(2). A criminal history record that relates to a violation of s.
1239	393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
1240	800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
1241	839, s. 847.0133, s. 847.0135, s. 847.01355, s. 847.0145, s.
1242	893.135, s. 916.1075, a violation enumerated in s. 907.041, or
1243	any violation specified as a predicate offense for registration
1244	as a sexual predator pursuant to s. 775.21, without regard to
1245	whether that offense alone is sufficient to require such
1246	registration, or for registration as a sexual offender pursuant
1247	to s. 943.0435, may not be sealed, without regard to whether
1248	adjudication was withheld, if the defendant was found guilty of
1249	or pled guilty or nolo contendere to the offense, or if the
1250	defendant, as a minor, was found to have committed or pled
1251	guilty or nolo contendere to committing the offense as a
1252	delinquent act. The court may only order sealing of a criminal
1253	history record pertaining to one arrest or one incident of
1254	alleged criminal activity, except as provided in this section.
1255	The court may, at its sole discretion, order the sealing of a
1256	criminal history record pertaining to more than one arrest if
1257	the additional arrests directly relate to the original arrest.
1258	If the court intends to order the sealing of records pertaining
1259	to such additional arrests, such intent must be specified in the
1260	order. A criminal justice agency may not seal any record
1261	pertaining to such additional arrests if the order to seal does
1262	not articulate the intention of the court to seal records
1263	pertaining to more than one arrest. This section does not
1264	prevent the court from ordering the sealing of only a portion of
1265	a criminal history record pertaining to one arrest or one
1266	incident of alleged criminal activity. Notwithstanding any law
1267	to the contrary, a criminal justice agency may comply with laws,
1268	court orders, and official requests of other jurisdictions
1269	relating to sealing, correction, or confidential handling of
1270	criminal history records or information derived therefrom. This
1271	section does not confer any right to the sealing of any criminal
1272	history record, and any request for sealing a criminal history
1273	record may be denied at the sole discretion of the court.
1274	(1)  PETITION TO SEAL A CRIMINAL HISTORY RECORD.--Each
1275	petition to a court to seal a criminal history record is
1276	complete only when accompanied by:
1277	(a)  A valid certificate of eligibility for sealing issued
1278	by the department pursuant to subsection (2).
1279	(b)  The petitioner's sworn statement attesting that the
1280	petitioner:
1281	1.  Has never, prior to the date on which the petition is
1282	filed, been adjudicated guilty of a criminal offense or
1283	comparable ordinance violation, or been adjudicated delinquent
1284	for committing any felony or a misdemeanor specified in s.
1285	943.051(3)(b).
1286	2.  Has not been adjudicated guilty of or adjudicated
1287	delinquent for committing any of the acts stemming from the
1288	arrest or alleged criminal activity to which the petition to
1289	seal pertains.
1290	3.  Has never secured a prior sealing or expunction of a
1291	criminal history record under this section, former s. 893.14,
1292	former s. 901.33, former s. 943.058, or from any jurisdiction
1293	outside the state.
1294	4.  Is eligible for such a sealing to the best of his or
1295	her knowledge or belief and does not have any other petition to
1296	seal or any petition to expunge pending before any court.
1297
1298	Any person who knowingly provides false information on such
1299	sworn statement to the court commits a felony of the third
1300	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1301	775.084.
1302	(2)  CERTIFICATE OF ELIGIBILITY FOR SEALING.--Prior to
1303	petitioning the court to seal a criminal history record, a
1304	person seeking to seal a criminal history record shall apply to
1305	the department for a certificate of eligibility for sealing. The
1306	department shall, by rule adopted pursuant to chapter 120,
1307	establish procedures pertaining to the application for and
1308	issuance of certificates of eligibility for sealing. A
1309	certificate of eligibility for sealing is valid for 12 months
1310	after the date stamped on the certificate when issued by the
1311	department. After that time, the petitioner must reapply to the
1312	department for a new certificate of eligibility. Eligibility for
1313	a renewed certification of eligibility must be based on the
1314	status of the applicant and the law in effect at the time of the
1315	renewal application. The department shall issue a certificate of
1316	eligibility for sealing to a person who is the subject of a
1317	criminal history record provided that such person:
1318	(a)  Has submitted to the department a certified copy of
1319	the disposition of the charge to which the petition to seal
1320	pertains.
1321	(b)  Remits a $75 processing fee to the department for
1322	placement in the Department of Law Enforcement Operating Trust
1323	Fund, unless such fee is waived by the executive director.
1324	(c)  Has never, prior to the date on which the application
1325	for a certificate of eligibility is filed, been adjudicated
1326	guilty of a criminal offense or comparable ordinance violation,
1327	or been adjudicated delinquent for committing any felony or a
1328	misdemeanor specified in s. 943.051(3)(b).
1329	(d)  Has not been adjudicated guilty of or adjudicated
1330	delinquent for committing any of the acts stemming from the
1331	arrest or alleged criminal activity to which the petition to
1332	seal pertains.
1333	(e)  Has never secured a prior sealing or expunction of a
1334	criminal history record under this section, former s. 893.14,
1335	former s. 901.33, or former s. 943.058.
1336	(f)  Is no longer under court supervision applicable to the
1337	disposition of the arrest or alleged criminal activity to which
1338	the petition to seal pertains.
1339	(3)  PROCESSING OF A PETITION OR ORDER TO SEAL.--
1340	(a)  In judicial proceedings under this section, a copy of
1341	the completed petition to seal shall be served upon the
1342	appropriate state attorney or the statewide prosecutor and upon
1343	the arresting agency; however, it is not necessary to make any
1344	agency other than the state a party. The appropriate state
1345	attorney or the statewide prosecutor and the arresting agency
1346	may respond to the court regarding the completed petition to
1347	seal.
1348	(b)  If relief is granted by the court, the clerk of the
1349	court shall certify copies of the order to the appropriate state
1350	attorney or the statewide prosecutor and to the arresting
1351	agency. The arresting agency is responsible for forwarding the
1352	order to any other agency to which the arresting agency
1353	disseminated the criminal history record information to which
1354	the order pertains. The department shall forward the order to
1355	seal to the Federal Bureau of Investigation. The clerk of the
1356	court shall certify a copy of the order to any other agency
1357	which the records of the court reflect has received the criminal
1358	history record from the court.
1359	(c)  For an order to seal entered by a court prior to July
1360	1, 1992, the department shall notify the appropriate state
1361	attorney or statewide prosecutor of any order to seal which is
1362	contrary to law because the person who is the subject of the
1363	record has previously been convicted of a crime or comparable
1364	ordinance violation or has had a prior criminal history record
1365	sealed or expunged. Upon receipt of such notice, the appropriate
1366	state attorney or statewide prosecutor shall take action, within
1367	60 days, to correct the record and petition the court to void
1368	the order to seal. The department shall seal the record until
1369	such time as the order is voided by the court.
1370	(d)  On or after July 1, 1992, the department or any other
1371	criminal justice agency is not required to act on an order to
1372	seal entered by a court when such order does not comply with the
1373	requirements of this section. Upon receipt of such an order, the
1374	department must notify the issuing court, the appropriate state
1375	attorney or statewide prosecutor, the petitioner or the
1376	petitioner's attorney, and the arresting agency of the reason
1377	for noncompliance. The appropriate state attorney or statewide
1378	prosecutor shall take action within 60 days to correct the
1379	record and petition the court to void the order. No cause of
1380	action, including contempt of court, shall arise against any
1381	criminal justice agency for failure to comply with an order to
1382	seal when the petitioner for such order failed to obtain the
1383	certificate of eligibility as required by this section or when
1384	such order does not comply with the requirements of this
1385	section.
1386	(e)  An order sealing a criminal history record pursuant to
1387	this section does not require that such record be surrendered to
1388	the court, and such record shall continue to be maintained by
1389	the department and other criminal justice agencies.
1390	(4)  EFFECT OF CRIMINAL HISTORY RECORD SEALING.--A criminal
1391	history record of a minor or an adult which is ordered sealed by
1392	a court of competent jurisdiction pursuant to this section is
1393	confidential and exempt from the provisions of s. 119.07(1) and
1394	s. 24(a), Art. I of the State Constitution and is available only
1395	to the person who is the subject of the record, to the subject's
1396	attorney, to criminal justice agencies for their respective
1397	criminal justice purposes, which include conducting a criminal
1398	history background check for approval of firearms purchases or
1399	transfers as authorized by state or federal law, or to those
1400	entities set forth in subparagraphs (a)1., 4., 5., 6., and 8.
1401	for their respective licensing, access authorization, and
1402	employment purposes.
1403	(a)  The subject of a criminal history record sealed under
1404	this section or under other provisions of law, including former
1405	s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
1406	deny or fail to acknowledge the arrests covered by the sealed
1407	record, except when the subject of the record:
1408	1.  Is a candidate for employment with a criminal justice
1409	agency;
1410	2.  Is a defendant in a criminal prosecution;
1411	3.  Concurrently or subsequently petitions for relief under
1412	this section or s. 943.0585;
1413	4.  Is a candidate for admission to The Florida Bar;
1414	5.  Is seeking to be employed or licensed by or to contract
1415	with the Department of Children and Family Services or the
1416	Department of Juvenile Justice or to be employed or used by such
1417	contractor or licensee in a sensitive position having direct
1418	contact with children, the developmentally disabled, the aged,
1419	or the elderly as provided in s. 110.1127(3), s. 393.063, s.
1420	394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s.
1421	409.175(2)(i), s. 415.102(4), s. 415.103, chapter 916, s.
1422	985.644, chapter 400, or chapter 429;
1423	6.  Is seeking to be employed or licensed by the Department
1424	of Education, any district school board, any university
1425	laboratory school, any charter school, any private or parochial
1426	school, or any local governmental entity that licenses child
1427	care facilities;
1428	7.  Is attempting to purchase a firearm from a licensed
1429	importer, licensed manufacturer, or licensed dealer and is
1430	subject to a criminal history background check under state or
1431	federal law; or
1432	8.  Is seeking authorization from a Florida seaport
1433	identified in s. 311.09 for employment within or access to one
1434	or more of such seaports pursuant to s. 311.12 or s. 311.125.
1435	(b)  Subject to the exceptions in paragraph (a), a person
1436	who has been granted a sealing under this section, former s.
1437	893.14, former s. 901.33, or former s. 943.058 may not be held
1438	under any provision of law of this state to commit perjury or to
1439	be otherwise liable for giving a false statement by reason of
1440	such person's failure to recite or acknowledge a sealed criminal
1441	history record.
1442	(c)  Information relating to the existence of a sealed
1443	criminal record provided in accordance with the provisions of
1444	paragraph (a) is confidential and exempt from the provisions of
1445	s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
1446	except that the department shall disclose the sealed criminal
1447	history record to the entities set forth in subparagraphs (a)1.,
1448	4., 5., 6., and 8. for their respective licensing, access
1449	authorization, and employment purposes. It is unlawful for any
1450	employee of an entity set forth in subparagraph (a)1.,
1451	subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or
1452	subparagraph (a)8. to disclose information relating to the
1453	existence of a sealed criminal history record of a person
1454	seeking employment, access authorization, or licensure with such
1455	entity or contractor, except to the person to whom the criminal
1456	history record relates or to persons having direct
1457	responsibility for employment, access authorization, or
1458	licensure decisions. Any person who violates the provisions of
1459	this paragraph commits a misdemeanor of the first degree,
1460	punishable as provided in s. 775.082 or s. 775.083.
1461	(5)  STATUTORY REFERENCES.--Any reference to any other
1462	chapter, section, or subdivision of the Florida Statutes in this
1463	section constitutes a general reference under the doctrine of
1464	incorporation by reference.
1465	Section 27.  Paragraph (b) of subsection (1) of section
1466	944.606, Florida Statutes, is amended to read:
1467	944.606  Sexual offenders; notification upon release.--
1468	(1)  As used in this section:
1469	(b)  "Sexual offender" means a person who has been
1470	convicted of committing, or attempting, soliciting, or
1471	conspiring to commit, any of the criminal offenses proscribed in
1472	the following statutes in this state or similar offenses in
1473	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
1474	where the victim is a minor and the defendant is not the
1475	victim's parent or guardian; s. 794.011, excluding s.
1476	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1477	825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
1478	847.0135(4); s. 847.01355, s. 847.0137; s. 847.0138; s.
1479	847.0145; or s. 985.701(1); or any similar offense committed in
1480	this state which has been redesignated from a former statute
1481	number to one of those listed in this subsection, when the
1482	department has received verified information regarding such
1483	conviction; an offender's computerized criminal history record
1484	is not, in and of itself, verified information.
1485	Section 28.  Paragraph (a) of subsection (1) of section
1486	944.607, Florida Statutes, is amended to read:
1487	944.607  Notification to Department of Law Enforcement of
1488	information on sexual offenders.--
1489	(1)  As used in this section, the term:
1490	(a)  "Sexual offender" means a person who is in the custody
1491	or control of, or under the supervision of, the department or is
1492	in the custody of a private correctional facility:
1493	1.  On or after October 1, 1997, as a result of a
1494	conviction for committing, or attempting, soliciting, or
1495	conspiring to commit, any of the criminal offenses proscribed in
1496	the following statutes in this state or similar offenses in
1497	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
1498	where the victim is a minor and the defendant is not the
1499	victim's parent or guardian; s. 794.011, excluding s.
1500	794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1501	825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
1502	847.0135(4); s. 847.01355; s. 847.0137; s. 847.0138; s.
1503	847.0145; or s. 985.701(1); or any similar offense committed in
1504	this state which has been redesignated from a former statute
1505	number to one of those listed in this paragraph; or
1506	2.  Who establishes or maintains a residence in this state
1507	and who has not been designated as a sexual predator by a court
1508	of this state but who has been designated as a sexual predator,
1509	as a sexually violent predator, or by another sexual offender
1510	designation in another state or jurisdiction and was, as a
1511	result of such designation, subjected to registration or
1512	community or public notification, or both, or would be if the
1513	person were a resident of that state or jurisdiction, without
1514	regard as to whether the person otherwise meets the criteria for
1515	registration as a sexual offender.
1516	Section 29.  Subsection (7) of section 947.1405, Florida
1517	Statutes, is amended to read:
1518	947.1405  Conditional release program.--
1519	(7)(a)  Any inmate who is convicted of a crime committed on
1520	or after October 1, 1995, or who has been previously convicted
1521	of a crime committed on or after October 1, 1995, in violation
1522	of chapter 794, s. 800.04, s. 827.071, s. 847.01355, or s.
1523	847.0145, and is subject to conditional release supervision,
1524	shall have, in addition to any other conditions imposed, the
1525	following special conditions imposed by the commission:
1526	1.  A mandatory curfew from 10 p.m. to 6 a.m. The
1527	commission may designate another 8-hour period if the offender's
1528	employment precludes the above specified time, and such
1529	alternative is recommended by the Department of Corrections. If
1530	the commission determines that imposing a curfew would endanger
1531	the victim, the commission may consider alternative sanctions.
1532	2.  If the victim was under the age of 18, a prohibition on
1533	living within 1,000 feet of a school, day care center, park,
1534	playground, designated public school bus stop, or other place
1535	where children regularly congregate. A releasee who is subject
1536	to this subparagraph may not relocate to a residence that is
1537	within 1,000 feet of a public school bus stop. Beginning October
1538	1, 2004, the commission or the department may not approve a
1539	residence that is located within 1,000 feet of a school, day
1540	care center, park, playground, designated school bus stop, or
1541	other place where children regularly congregate for any releasee
1542	who is subject to this subparagraph. On October 1, 2004, the
1543	department shall notify each affected school district of the
1544	location of the residence of a releasee 30 days prior to release
1545	and thereafter, if the releasee relocates to a new residence,
1546	shall notify any affected school district of the residence of
1547	the releasee within 30 days after relocation. If, on October 1,
1548	2004, any public school bus stop is located within 1,000 feet of
1549	the existing residence of such releasee, the district school
1550	board shall relocate that school bus stop. Beginning October 1,
1551	2004, a district school board may not establish or relocate a
1552	public school bus stop within 1,000 feet of the residence of a
1553	releasee who is subject to this subparagraph. The failure of the
1554	district school board to comply with this subparagraph shall not
1555	result in a violation of conditional release supervision.
1556	3.  Active participation in and successful completion of a
1557	sex offender treatment program with qualified practitioners
1558	specifically trained to treat sex offenders, at the releasee's
1559	own expense. If a qualified practitioner is not available within
1560	a 50-mile radius of the releasee's residence, the offender shall
1561	participate in other appropriate therapy.
1562	4.  A prohibition on any contact with the victim, directly
1563	or indirectly, including through a third person, unless approved
1564	by the victim, the offender's therapist, and the sentencing
1565	court.
1566	5.  If the victim was under the age of 18, a prohibition
1567	against contact with children under the age of 18 without review
1568	and approval by the commission. The commission may approve
1569	supervised contact with a child under the age of 18 if the
1570	approval is based upon a recommendation for contact issued by a
1571	qualified practitioner who is basing the recommendation on a
1572	risk assessment. Further, the sex offender must be currently
1573	enrolled in or have successfully completed a sex offender
1574	therapy program. The commission may not grant supervised contact
1575	with a child if the contact is not recommended by a qualified
1576	practitioner and may deny supervised contact with a child at any
1577	time. When considering whether to approve supervised contact
1578	with a child, the commission must review and consider the
1579	following:
1580	a.  A risk assessment completed by a qualified
1581	practitioner. The qualified practitioner must prepare a written
1582	report that must include the findings of the assessment and
1583	address each of the following components:
1584	(I)  The sex offender's current legal status;
1585	(II)  The sex offender's history of adult charges with
1586	apparent sexual motivation;
1587	(III)  The sex offender's history of adult charges without
1588	apparent sexual motivation;
1589	(IV)  The sex offender's history of juvenile charges,
1590	whenever available;
1591	(V)  The sex offender's offender treatment history,
1592	including a consultation from the sex offender's treating, or
1593	most recent treating, therapist;
1594	(VI)  The sex offender's current mental status;
1595	(VII)  The sex offender's mental health and substance abuse
1596	history as provided by the Department of Corrections;
1597	(VIII)  The sex offender's personal, social, educational,
1598	and work history;
1599	(IX)  The results of current psychological testing of the
1600	sex offender if determined necessary by the qualified
1601	practitioner;
1602	(X)  A description of the proposed contact, including the
1603	location, frequency, duration, and supervisory arrangement;
1604	(XI)  The child's preference and relative comfort level
1605	with the proposed contact, when age-appropriate;
1606	(XII)  The parent's or legal guardian's preference
1607	regarding the proposed contact; and
1608	(XIII)  The qualified practitioner's opinion, along with
1609	the basis for that opinion, as to whether the proposed contact
1610	would likely pose significant risk of emotional or physical harm
1611	to the child.
1612
1613	The written report of the assessment must be given to the
1614	commission.
1615	b.  A recommendation made as a part of the risk-assessment
1616	report as to whether supervised contact with the child should be
1617	approved;
1618	c.  A written consent signed by the child's parent or legal
1619	guardian, if the parent or legal guardian is not the sex
1620	offender, agreeing to the sex offender having supervised contact
1621	with the child after receiving full disclosure of the sex
1622	offender's present legal status, past criminal history, and the
1623	results of the risk assessment. The commission may not approve
1624	contact with the child if the parent or legal guardian refuses
1625	to give written consent for supervised contact;
1626	d.  A safety plan prepared by the qualified practitioner,
1627	who provides treatment to the offender, in collaboration with
1628	the sex offender, the child's parent or legal guardian, and the
1629	child, when age appropriate, which details the acceptable
1630	conditions of contact between the sex offender and the child.
1631	The safety plan must be reviewed and approved by the Department
1632	of Corrections before being submitted to the commission; and
1633	e.  Evidence that the child's parent or legal guardian, if
1634	the parent or legal guardian is not the sex offender,
1635	understands the need for and agrees to the safety plan and has
1636	agreed to provide, or to designate another adult to provide,
1637	constant supervision any time the child is in contact with the
1638	offender.
1639
1640	The commission may not appoint a person to conduct a risk
1641	assessment and may not accept a risk assessment from a person
1642	who has not demonstrated to the commission that he or she has
1643	met the requirements of a qualified practitioner as defined in
1644	this section.
1645	6.  If the victim was under age 18, a prohibition on
1646	working for pay or as a volunteer at any school, day care
1647	center, park, playground, or other place where children
1648	regularly congregate, as prescribed by the commission.
1649	7.  Unless otherwise indicated in the treatment plan
1650	provided by the sexual offender treatment program, a prohibition
1651	on viewing, owning, or possessing any obscene, pornographic, or
1652	sexually stimulating visual or auditory material, including
1653	telephone, electronic media, computer programs, or computer
1654	services that are relevant to the offender's deviant behavior
1655	pattern.
1656	8.  Effective for a releasee whose crime is committed on or
1657	after July 1, 2005, a prohibition on accessing the Internet or
1658	other computer services until the offender's sex offender
1659	treatment program, after a risk assessment is completed,
1660	approves and implements a safety plan for the offender's
1661	accessing or using the Internet or other computer services.
1662	9.  A requirement that the releasee must submit two
1663	specimens of blood to the Florida Department of Law Enforcement
1664	to be registered with the DNA database.
1665	10.  A requirement that the releasee make restitution to
1666	the victim, as determined by the sentencing court or the
1667	commission, for all necessary medical and related professional
1668	services relating to physical, psychiatric, and psychological
1669	care.
1670	11.  Submission to a warrantless search by the community
1671	control or probation officer of the probationer's or community
1672	controllee's person, residence, or vehicle.
1673	(b)  For a releasee whose crime was committed on or after
1674	October 1, 1997, in violation of chapter 794, s. 800.04, s.
1675	827.071, s. 847.01355, or s. 847.0145, and who is subject to
1676	conditional release supervision, in addition to any other
1677	provision of this subsection, the commission shall impose the
1678	following additional conditions of conditional release
1679	supervision:
1680	1.  As part of a treatment program, participation in a
1681	minimum of one annual polygraph examination to obtain
1682	information necessary for risk management and treatment and to
1683	reduce the sex offender's denial mechanisms. The polygraph
1684	examination must be conducted by a polygrapher trained
1685	specifically in the use of the polygraph for the monitoring of
1686	sex offenders, where available, and at the expense of the sex
1687	offender. The results of the polygraph examination shall not be
1688	used as evidence in a hearing to prove that a violation of
1689	supervision has occurred.
1690	2.  Maintenance of a driving log and a prohibition against
1691	driving a motor vehicle alone without the prior approval of the
1692	supervising officer.
1693	3.  A prohibition against obtaining or using a post office
1694	box without the prior approval of the supervising officer.
1695	4.  If there was sexual contact, a submission to, at the
1696	probationer's or community controllee's expense, an HIV test
1697	with the results to be released to the victim or the victim's
1698	parent or guardian.
1699	5.  Electronic monitoring of any form when ordered by the
1700	commission.
1701	Section 30.  Subsection (2) of section 948.013, Florida
1702	Statutes, is amended to read:
1703	948.013  Administrative probation.--
1704	(2)  Effective for an offense committed on or after July 1,
1705	1998, a person is ineligible for placement on administrative
1706	probation if the person is sentenced to or is serving a term of
1707	probation or community control, regardless of the conviction or
1708	adjudication, for committing, or attempting, conspiring, or
1709	soliciting to commit, any of the felony offenses described in s.
1710	787.01 or s. 787.02, where the victim is a minor and the
1711	defendant is not the victim's parent; s. 787.025; chapter 794;
1712	s. 796.03; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
1713	847.0133; s. 847.0135; s. 847.01355; or s. 847.0145.
1714	Section 31.  Subsection (2) of section 948.03, Florida
1715	Statutes, is amended to read:
1716	948.03  Terms and conditions of probation.--
1717	(2)  The enumeration of specific kinds of terms and
1718	conditions shall not prevent the court from adding thereto such
1719	other or others as it considers proper. However, the sentencing
1720	court may only impose a condition of supervision allowing an
1721	offender convicted of s. 794.011, s. 800.04, s. 827.071, s.
1722	847.01355, or s. 847.0145, to reside in another state, if the
1723	order stipulates that it is contingent upon the approval of the
1724	receiving state interstate compact authority. The court may
1725	rescind or modify at any time the terms and conditions
1726	theretofore imposed by it upon the probationer. However, if the
1727	court withholds adjudication of guilt or imposes a period of
1728	incarceration as a condition of probation, the period shall not
1729	exceed 364 days, and incarceration shall be restricted to either
1730	a county facility, a probation and restitution center under the
1731	jurisdiction of the Department of Corrections, a probation
1732	program drug punishment phase I secure residential treatment
1733	institution, or a community residential facility owned or
1734	operated by any entity providing such services.
1735	Section 32.  Paragraph (c) of subsection (8) of section
1736	948.06, Florida Statutes, is amended to read:
1737	948.06  Violation of probation or community control;
1738	revocation; modification; continuance; failure to pay
1739	restitution or cost of supervision.--
1740	(8)
1741	(c)  For purposes of this section, the term "qualifying
1742	offense" means any of the following:
1743	1.  Kidnapping or attempted kidnapping under s. 787.01,
1744	false imprisonment of a child under the age of 13 under s.
1745	787.02(3), or luring or enticing a child under s. 787.025(2)(b)
1746	or (c).
1747	2.  Murder or attempted murder under s. 782.04, attempted
1748	felony murder under s. 782.051, or manslaughter under s. 782.07.
1749	3.  Aggravated battery or attempted aggravated battery
1750	under s. 784.045.
1751	4.  Sexual battery or attempted sexual battery under s.
1752	794.011(2), (3), (4), or (8)(b) or (c).
1753	5.  Lewd or lascivious battery or attempted lewd or
1754	lascivious battery under s. 800.04(4), lewd or lascivious
1755	molestation under s. 800.04(5)(b) or (c)2., lewd or lascivious
1756	conduct under s. 800.04(6)(b), or lewd or lascivious exhibition
1757	under s. 800.04(7)(b)(c), or lewd or lascivious exhibition on
1758	computer under s. 847.01355(2).
1759	6.  Robbery or attempted robbery under s. 812.13,
1760	carjacking or attempted carjacking under s. 812.133, or home
1761	invasion robbery or attempted home invasion robbery under s.
1762	812.135.
1763	7.  Lewd or lascivious offense upon or in the presence of
1764	an elderly or disabled person or attempted lewd or lascivious
1765	offense upon or in the presence of an elderly or disabled person
1766	under s. 825.1025.
1767	8.  Sexual performance by a child or attempted sexual
1768	performance by a child under s. 827.071.
1769	9.  Computer pornography under s. 847.0135(2) or (3),
1770	transmission of child pornography under s. 847.0137, or selling
1771	or buying of minors under s. 847.0145.
1772	10.  Poisoning food or water under s. 859.01.
1773	11.  Abuse of a dead human body under s. 872.06.
1774	12.  Any burglary offense or attempted burglary offense
1775	that is either a first degree felony or second degree felony
1776	under s. 810.02(2) or (3).
1777	13.  Arson or attempted arson under s. 806.01(1).
1778	14.  Aggravated assault under s. 784.021.
1779	15.  Aggravated stalking under s. 784.048(3), (4), (5), or
1780	(7).
1781	16.  Aircraft piracy under s. 860.16.
1782	17.  Unlawful throwing, placing, or discharging of a
1783	destructive device or bomb under s. 790.161(2), (3), or (4).
1784	18.  Treason under s. 876.32.
1785	19.  Any offense committed in another jurisdiction which
1786	would be an offense listed in this paragraph if that offense had
1787	been committed in this state.
1788	Section 33.  Subsection (2) of section 948.101, Florida
1789	Statutes, is amended to read:
1790	948.101  Terms and conditions of community control and
1791	criminal quarantine community control.--
1792	(2)  The enumeration of specific kinds of terms and
1793	conditions does not prevent the court from adding thereto any
1794	other terms or conditions that the court considers proper.
1795	However, the sentencing court may only impose a condition of
1796	supervision allowing an offender convicted of s. 794.011, s.
1797	800.04, s. 827.071, s. 847.01355, or s. 847.0145 to reside in
1798	another state if the order stipulates that it is contingent upon
1799	the approval of the receiving state interstate compact
1800	authority. The court may rescind or modify at any time the terms
1801	and conditions theretofore imposed by it upon the offender in
1802	community control. However, if the court withholds adjudication
1803	of guilt or imposes a period of incarceration as a condition of
1804	community control, the period may not exceed 364 days, and
1805	incarceration shall be restricted to a county facility, a
1806	probation and restitution center under the jurisdiction of the
1807	Department of Corrections, a probation program drug punishment
1808	phase I secure residential treatment institution, or a community
1809	residential facility owned or operated by any entity providing
1810	such services.
1811	Section 34.  Subsections (1) and (2) of section 948.30,
1812	Florida Statutes, are amended to read:
1813	948.30  Additional terms and conditions of probation or
1814	community control for certain sex offenses.--Conditions imposed
1815	pursuant to this section do not require oral pronouncement at
1816	the time of sentencing and shall be considered standard
1817	conditions of probation or community control for offenders
1818	specified in this section.
1819	(1)  Effective for probationers or community controllees
1820	whose crime was committed on or after October 1, 1995, and who
1821	are placed under supervision for violation of chapter 794, s.
1822	800.04, s. 827.071, s. 847.01355, or s. 847.0145, the court must
1823	impose the following conditions in addition to all other
1824	standard and special conditions imposed:
1825	(a)  A mandatory curfew from 10 p.m. to 6 a.m. The court
1826	may designate another 8-hour period if the offender's employment
1827	precludes the above specified time, and the alternative is
1828	recommended by the Department of Corrections. If the court
1829	determines that imposing a curfew would endanger the victim, the
1830	court may consider alternative sanctions.
1831	(b)  If the victim was under the age of 18, a prohibition
1832	on living within 1,000 feet of a school, day care center, park,
1833	playground, or other place where children regularly congregate,
1834	as prescribed by the court. The 1,000-foot distance shall be
1835	measured in a straight line from the offender's place of
1836	residence to the nearest boundary line of the school, day care
1837	center, park, playground, or other place where children
1838	congregate. The distance may not be measured by a pedestrian
1839	route or automobile route.
1840	(c)  Active participation in and successful completion of a
1841	sex offender treatment program with qualified practitioners
1842	specifically trained to treat sex offenders, at the
1843	probationer's or community controllee's own expense. If a
1844	qualified practitioner is not available within a 50-mile radius
1845	of the probationer's or community controllee's residence, the
1846	offender shall participate in other appropriate therapy.
1847	(d)  A prohibition on any contact with the victim, directly
1848	or indirectly, including through a third person, unless approved
1849	by the victim, the offender's therapist, and the sentencing
1850	court.
1851	(e)  If the victim was under the age of 18, a prohibition
1852	on contact with a child under the age of 18 except as provided
1853	in this paragraph. The court may approve supervised contact with
1854	a child under the age of 18 if the approval is based upon a
1855	recommendation for contact issued by a qualified practitioner
1856	who is basing the recommendation on a risk assessment. Further,
1857	the sex offender must be currently enrolled in or have
1858	successfully completed a sex offender therapy program. The court
1859	may not grant supervised contact with a child if the contact is
1860	not recommended by a qualified practitioner and may deny
1861	supervised contact with a child at any time. When considering
1862	whether to approve supervised contact with a child, the court
1863	must review and consider the following:
1864	1.  A risk assessment completed by a qualified
1865	practitioner. The qualified practitioner must prepare a written
1866	report that must include the findings of the assessment and
1867	address each of the following components:
1868	a.  The sex offender's current legal status;
1869	b.  The sex offender's history of adult charges with
1870	apparent sexual motivation;
1871	c.  The sex offender's history of adult charges without
1872	apparent sexual motivation;
1873	d.  The sex offender's history of juvenile charges,
1874	whenever available;
1875	e.  The sex offender's offender treatment history,
1876	including consultations with the sex offender's treating, or
1877	most recent treating, therapist;
1878	f.  The sex offender's current mental status;
1879	g.  The sex offender's mental health and substance abuse
1880	treatment history as provided by the Department of Corrections;
1881	h.  The sex offender's personal, social, educational, and
1882	work history;
1883	i.  The results of current psychological testing of the sex
1884	offender if determined necessary by the qualified practitioner;
1885	j.  A description of the proposed contact, including the
1886	location, frequency, duration, and supervisory arrangement;
1887	k.  The child's preference and relative comfort level with
1888	the proposed contact, when age appropriate;
1889	l.  The parent's or legal guardian's preference regarding
1890	the proposed contact; and
1891	m.  The qualified practitioner's opinion, along with the
1892	basis for that opinion, as to whether the proposed contact would
1893	likely pose significant risk of emotional or physical harm to
1894	the child.
1895
1896	The written report of the assessment must be given to the court;
1897	2.  A recommendation made as a part of the risk assessment
1898	report as to whether supervised contact with the child should be
1899	approved;
1900	3.  A written consent signed by the child's parent or legal
1901	guardian, if the parent or legal guardian is not the sex
1902	offender, agreeing to the sex offender having supervised contact
1903	with the child after receiving full disclosure of the sex
1904	offender's present legal status, past criminal history, and the
1905	results of the risk assessment. The court may not approve
1906	contact with the child if the parent or legal guardian refuses
1907	to give written consent for supervised contact;
1908	4.  A safety plan prepared by the qualified practitioner,
1909	who provides treatment to the offender, in collaboration with
1910	the sex offender, the child's parent or legal guardian, if the
1911	parent or legal guardian is not the sex offender, and the child,
1912	when age appropriate, which details the acceptable conditions of
1913	contact between the sex offender and the child. The safety plan
1914	must be reviewed and approved by the court; and
1915	5.  Evidence that the child's parent or legal guardian
1916	understands the need for and agrees to the safety plan and has
1917	agreed to provide, or to designate another adult to provide,
1918	constant supervision any time the child is in contact with the
1919	offender.
1920
1921	The court may not appoint a person to conduct a risk assessment
1922	and may not accept a risk assessment from a person who has not
1923	demonstrated to the court that he or she has met the
1924	requirements of a qualified practitioner as defined in this
1925	section.
1926	(f)  If the victim was under age 18, a prohibition on
1927	working for pay or as a volunteer at any place where children
1928	regularly congregate, including, but not limited to, schools,
1929	day care centers, parks, playgrounds, pet stores, libraries,
1930	zoos, theme parks, and malls.
1931	(g)  Unless otherwise indicated in the treatment plan
1932	provided by the sexual offender treatment program, a prohibition
1933	on viewing, accessing, owning, or possessing any obscene,
1934	pornographic, or sexually stimulating visual or auditory
1935	material, including telephone, electronic media, computer
1936	programs, or computer services that are relevant to the
1937	offender's deviant behavior pattern.
1938	(h)  Effective for probationers and community controllees
1939	whose crime is committed on or after July 1, 2005, a prohibition
1940	on accessing the Internet or other computer services until the
1941	offender's sex offender treatment program, after a risk
1942	assessment is completed, approves and implements a safety plan
1943	for the offender's accessing or using the Internet or other
1944	computer services.
1945	(i)  A requirement that the probationer or community
1946	controllee must submit a specimen of blood or other approved
1947	biological specimen to the Department of Law Enforcement to be
1948	registered with the DNA data bank.
1949	(j)  A requirement that the probationer or community
1950	controllee make restitution to the victim, as ordered by the
1951	court under s. 775.089, for all necessary medical and related
1952	professional services relating to physical, psychiatric, and
1953	psychological care.
1954	(k)  Submission to a warrantless search by the community
1955	control or probation officer of the probationer's or community
1956	controllee's person, residence, or vehicle.
1957	(2)  Effective for a probationer or community controllee
1958	whose crime was committed on or after October 1, 1997, and who
1959	is placed on community control or sex offender probation for a
1960	violation of chapter 794, s. 800.04, s. 827.071, s. 847.01355,
1961	or s. 847.0145, in addition to any other provision of this
1962	section, the court must impose the following conditions of
1963	probation or community control:
1964	(a)  As part of a treatment program, participation at least
1965	annually in polygraph examinations to obtain information
1966	necessary for risk management and treatment and to reduce the
1967	sex offender's denial mechanisms. A polygraph examination must
1968	be conducted by a polygrapher trained specifically in the use of
1969	the polygraph for the monitoring of sex offenders, where
1970	available, and shall be paid for by the sex offender. The
1971	results of the polygraph examination shall not be used as
1972	evidence in court to prove that a violation of community
1973	supervision has occurred.
1974	(b)  Maintenance of a driving log and a prohibition against
1975	driving a motor vehicle alone without the prior approval of the
1976	supervising officer.
1977	(c)  A prohibition against obtaining or using a post office
1978	box without the prior approval of the supervising officer.
1979	(d)  If there was sexual contact, a submission to, at the
1980	probationer's or community controllee's expense, an HIV test
1981	with the results to be released to the victim or the victim's
1982	parent or guardian.
1983	(e)  Electronic monitoring when deemed necessary by the
1984	community control or probation officer and his or her
1985	supervisor, and ordered by the court at the recommendation of
1986	the Department of Corrections.
1987	Section 35.  Subsection (1) of section 948.31, Florida
1988	Statutes, is amended to read:
1989	948.31  Diagnosis, evaluation, and treatment of offenders
1990	placed on probation or community control for certain sex
1991	offenses or child exploitation.--The court shall require a
1992	diagnosis and evaluation to determine the need of a probationer
1993	or offender in community control for treatment. If the court
1994	determines that a need therefor is established by such diagnosis
1995	and evaluation process, the court shall require outpatient
1996	counseling as a term or condition of probation or community
1997	control for any person who was found guilty of any of the
1998	following, or whose plea of guilty or nolo contendere to any of
1999	the following was accepted by the court:
2000	(1)  Lewd or lascivious battery, lewd or lascivious
2001	molestation, lewd or lascivious conduct, or lewd or lascivious
2002	exhibition, as defined in s. 800.04 or s. 847.01355.
2003
2004	Such counseling shall be required to be obtained from a
2005	community mental health center, a recognized social service
2006	agency providing mental health services, or a private mental
2007	health professional or through other professional counseling.
2008	The plan for counseling for the individual shall be provided to
2009	the court for review.
2010	Section 36.  Subsection (1) of section 948.32, Florida
2011	Statutes, is amended to read:
2012	948.32  Requirements of law enforcement agency upon arrest
2013	of persons for certain sex offenses.--
2014	(1)  When any state or local law enforcement agency
2015	investigates or arrests a person for committing, or attempting,
2016	soliciting, or conspiring to commit, a violation of s.
2017	787.025(2)(c), chapter 794, s. 796.03, s. 800.04, s. 827.071, s.
2018	847.0133, s. 847.0135, s. 847.01355, or s. 847.0145, the law
2019	enforcement agency shall contact the Department of Corrections
2020	to verify whether the person under investigation or under arrest
2021	is on probation, community control, parole, conditional release,
2022	or control release.
2023	Section 37.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.