Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1294
       
       
       
       
       
       
                                Ì475934AÎ475934                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Fiscal Policy (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 92.53, Florida Statutes, is amended to
    6  read:
    7         92.53 Videotaping the testimony of a victim or witness
    8  under age 18 16 or who has an intellectual disability.—
    9         (1) On motion and hearing in camera and a finding that
   10  there is a substantial likelihood that a victim or witness who
   11  is under the age of 18 16 or who has an intellectual disability
   12  as defined in s. 393.063 would suffer at least moderate
   13  emotional or mental harm due to the presence of the defendant if
   14  such victim or witness is required to testify in open court, or
   15  is unavailable as defined in s. 90.804(1), the trial court may
   16  order the videotaping of the testimony of the victim or witness
   17  in a case, whether civil or criminal in nature, in which
   18  videotaped testimony is to be used at trial in lieu of trial
   19  testimony in open court.
   20         (2) The motion may be filed by:
   21         (a) The victim or witness, or the victim’s or witness’s
   22  attorney, parent, legal guardian, or guardian ad litem;
   23         (b) A trial judge on his or her own motion;
   24         (c) Any party in a civil proceeding; or
   25         (d) The prosecuting attorney or the defendant, or the
   26  defendant’s counsel.
   27         (3) The judge shall preside, or shall appoint a special
   28  master to preside, at the videotaping unless:
   29         (a) The child or the person who has the intellectual
   30  disability is represented by a guardian ad litem or counsel;
   31         (b) The representative of the victim or witness and the
   32  counsel for each party stipulate that the requirement for the
   33  presence of the judge or special master may be waived; and
   34         (c) The court finds at a hearing on the motion that the
   35  presence of a judge or special master is not necessary to
   36  protect the victim or witness.
   37         (4) The defendant and the defendant’s counsel must be
   38  present at the videotaping unless the defendant has waived this
   39  right. The court may require the defendant to view the testimony
   40  from outside the presence of the child or the person who has an
   41  intellectual disability by means of a two-way mirror or another
   42  similar method that ensures that the defendant can observe and
   43  hear the testimony of the victim or witness in person, but the
   44  victim or witness cannot hear or see the defendant. The
   45  defendant and the attorney for the defendant may communicate by
   46  any appropriate private method.
   47         (5) Any party, or the court on its own motion, may request
   48  the aid of an interpreter, as provided in s. 90.606, to aid the
   49  parties in formulating methods of questioning the child or
   50  person who has the intellectual disability and in interpreting
   51  the answers of the child or person during proceedings conducted
   52  under this section.
   53         (6) The motion referred to in subsection (1) may be made at
   54  any time with reasonable notice to each party to the cause, and
   55  videotaping of testimony may be made any time after the court
   56  grants the motion. The videotaped testimony is admissible as
   57  evidence in the trial of the cause; however, such testimony is
   58  not admissible in any trial or proceeding in which such witness
   59  testifies by use of closed circuit television pursuant to s.
   60  92.54.
   61         (7) The court shall make specific findings of fact, on the
   62  record, as to the basis for its ruling under this section.
   63         Section 2. Section 92.54, Florida Statutes, is amended to
   64  read:
   65         92.54 Use of closed circuit television in proceedings
   66  involving a victim or witness under the age of 18 16 or who has
   67  an intellectual disability.—
   68         (1) Upon motion and hearing in camera and upon a finding
   69  that there is a substantial likelihood that a victim or witness
   70  under the age of 18 16 or who has an intellectual disability
   71  will suffer at least moderate emotional or mental harm due to
   72  the presence of the defendant if such victim or witness is
   73  required to testify in open court, or is unavailable as defined
   74  in s. 90.804(1), the trial court may order that the testimony of
   75  the victim or witness be taken outside of the courtroom and
   76  shown by means of closed circuit television.
   77         (2) The motion may be filed by the victim or witness; the
   78  attorney, parent, legal guardian, or guardian ad litem of the
   79  victim or witness; the prosecutor; the defendant or the
   80  defendant’s counsel; or the trial judge on his or her own
   81  motion.
   82         (3) Only the judge, the prosecutor, the defendant, the
   83  attorney for the defendant, the operators of the videotape
   84  equipment, an interpreter, and some other person who, in the
   85  opinion of the court, contributes to the well-being of the child
   86  or the person who has an intellectual disability and who will
   87  not be a witness in the case may be in the room during the
   88  recording of the testimony.
   89         (4) During the victim’s or witness’s testimony by closed
   90  circuit television, the court may require the defendant to view
   91  the testimony from the courtroom. In such a case, the court
   92  shall permit the defendant to observe and hear the testimony of
   93  the victim or witness, but must ensure that the victim or
   94  witness cannot hear or see the defendant. The defendant’s right
   95  to assistance of counsel, which includes the right to immediate
   96  and direct communication with counsel conducting cross
   97  examination, must be protected and, upon the defendant’s
   98  request, such communication must be provided by any appropriate
   99  electronic method.
  100         (5) The court shall make specific findings of fact, on the
  101  record, as to the basis for its ruling under this section.
  102         Section 3. Section 92.55, Florida Statutes, is amended to
  103  read:
  104         92.55 Judicial or other proceedings involving victim or
  105  witness under the age of 18 16, a person who has an intellectual
  106  disability, or a sexual offense victim or witness; special
  107  protections; use of registered service or therapy animals.—
  108         (1) For purposes of this section, the term:
  109         (a) “Sexual offense victim or witness” means a person who
  110  was under the age of 18 16 when he or she was the victim of or a
  111  witness to a sexual offense.
  112         (b) “Sexual offense” means any offense specified in s.
  113  775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
  114         (2) Upon motion of any party, upon motion of a parent,
  115  guardian, attorney, or guardian ad litem, or other advocate
  116  appointed by the court under s. 914.17 for a victim or witness
  117  under the age of 18 16, a person who has an intellectual
  118  disability, or a sexual offense victim or witness, or upon its
  119  own motion, the court may enter any order necessary to protect
  120  the victim or witness in any judicial proceeding or other
  121  official proceeding from severe emotional or mental harm due to
  122  the presence of the defendant if the victim or witness is
  123  required to testify in open court. Such orders must relate to
  124  the taking of testimony and include, but are not limited to:
  125         (a) Interviewing or the taking of depositions as part of a
  126  civil or criminal proceeding.
  127         (b) Examination and cross-examination for the purpose of
  128  qualifying as a witness or testifying in any proceeding.
  129         (c) The use of testimony taken outside of the courtroom,
  130  including proceedings under ss. 92.53 and 92.54.
  131         (3) In ruling upon the motion, the court shall consider:
  132         (a) The age of the child, the nature of the offense or act,
  133  the relationship of the child to the parties in the case or to
  134  the defendant in a criminal action, the degree of emotional
  135  trauma that will result to the child as a consequence of the
  136  defendant’s presence, and any other fact that the court deems
  137  relevant;
  138         (b) The age of the person who has an intellectual
  139  disability, the functional capacity of such person, the nature
  140  of the offenses or act, the relationship of the person to the
  141  parties in the case or to the defendant in a criminal action,
  142  the degree of emotional trauma that will result to the person as
  143  a consequence of the defendant’s presence, and any other fact
  144  that the court deems relevant; or
  145         (c) The age of the sexual offense victim or witness when
  146  the sexual offense occurred, the relationship of the sexual
  147  offense victim or witness to the parties in the case or to the
  148  defendant in a criminal action, the degree of emotional trauma
  149  that will result to the sexual offense victim or witness as a
  150  consequence of the defendant’s presence, and any other fact that
  151  the court deems relevant.
  152         (4) In addition to such other relief provided by law, the
  153  court may enter orders limiting the number of times that a
  154  child, a person who has an intellectual disability, or a sexual
  155  offense victim or witness may be interviewed, prohibiting
  156  depositions of the victim or witness, requiring the submission
  157  of questions before the examination of the victim or witness,
  158  setting the place and conditions for interviewing the victim or
  159  witness or for conducting any other proceeding, or permitting or
  160  prohibiting the attendance of any person at any proceeding. The
  161  court shall enter any order necessary to protect the rights of
  162  all parties, including the defendant in any criminal action.
  163         (5) The court may set any other conditions it finds just
  164  and appropriate when taking the testimony of a child victim or
  165  witness or a sexual offense victim or witness, including the use
  166  of a service or therapy animal that has been evaluated and
  167  registered according to national standards, in any proceeding
  168  involving a sexual offense. When deciding whether to permit a
  169  child victim or witness or sexual offense victim or witness to
  170  testify with the assistance of a registered service or therapy
  171  animal, the court shall consider the age of the child victim or
  172  witness, the age of the sexual offense victim or witness at the
  173  time the sexual offense occurred, the interests of the child
  174  victim or witness or sexual offense victim or witness, the
  175  rights of the parties to the litigation, and any other relevant
  176  factor that would facilitate the testimony by the child victim
  177  or witness or sexual offense victim or witness.
  178         Section 4. Section 741.281, Florida Statutes, is amended to
  179  read:
  180         741.281 Court to order batterers’ intervention program
  181  attendance.—If a person is found guilty of, has adjudication
  182  withheld on, or pleads nolo contendere to a crime of domestic
  183  violence, as defined in s. 741.28, that person shall be ordered
  184  by the court to a minimum term of 1 year’s probation and the
  185  court shall order that the defendant attend and complete a
  186  batterers’ intervention program and, if a crime of domestic
  187  violence was committed upon or in the presence of a child, a
  188  parenting course as a condition of probation. The court must
  189  impose the condition of the batterers’ intervention program and
  190  parenting course for a defendant under this section, but the
  191  court, in its discretion, may determine not to impose the
  192  condition if it states on the record why a batterers’
  193  intervention program and the parenting course might be
  194  inappropriate. The court must impose the condition of the
  195  batterers’ intervention program for a defendant placed on
  196  probation unless the court determines that the person does not
  197  qualify for the batterers’ intervention program pursuant to s.
  198  741.325. The imposition of probation under this section does not
  199  preclude the court from imposing any sentence of imprisonment
  200  authorized by s. 775.082.
  201         Section 5. Section 741.283, Florida Statutes, is amended to
  202  read:
  203         741.283 Minimum term of imprisonment for domestic
  204  violence.—If a person is adjudicated guilty of a crime of
  205  domestic violence, as defined in s. 741.28, and the person has
  206  intentionally caused bodily harm to another person, the court
  207  shall order the person to serve a minimum of 30 5 days in the
  208  county jail as part of the sentence imposed, unless the court
  209  sentences the person to a nonsuspended period of incarceration
  210  in a state correctional facility. This section does not preclude
  211  the court from sentencing the person to probation, community
  212  control, or an additional period of incarceration.
  213         Section 6. Subsection (1) of section 775.08435, Florida
  214  Statutes, is amended to read:
  215         775.08435 Prohibition on withholding adjudication in felony
  216  cases.—
  217         (1) Notwithstanding the provisions of s. 948.01, the court
  218  may not withhold adjudication of guilt upon the defendant for:
  219         (a) Any capital, life, or first degree felony offense.
  220         (b) A second degree felony offense unless:
  221         1. The state attorney requests in writing that adjudication
  222  be withheld; or
  223         2. The court makes written findings that the withholding of
  224  adjudication is reasonably justified based on circumstances or
  225  factors in accordance with those set forth in s. 921.0026.
  226  
  227  Notwithstanding any provision of this section, no adjudication
  228  of guilt shall be withheld for a second degree felony offense if
  229  the defendant has a prior withholding of adjudication for a
  230  felony that did not arise from the same transaction as the
  231  current felony offense.
  232         (c) A third degree felony offense if the defendant has a
  233  prior withholding of adjudication for a felony offense that did
  234  not arise from the same transaction as the current felony
  235  offense unless:
  236         1. The state attorney requests in writing that adjudication
  237  be withheld; or
  238         2. The court makes written findings that the withholding of
  239  adjudication is reasonably justified based on circumstances or
  240  factors in accordance with those set forth in s. 921.0026.
  241         (d) A third degree felony offense of domestic violence, as
  242  defined in s. 741.18, unless:
  243         1. The state attorney requests in writing that adjudication
  244  be withheld; or
  245         2. The court makes written findings that the withholding of
  246  adjudication is reasonably justified based on circumstances or
  247  factors in accordance with those set forth in s. 921.0026.
  248  
  249  Notwithstanding any provision of this section, no adjudication
  250  of guilt shall be withheld for a third degree felony offense if
  251  the defendant has two or more prior withholdings of adjudication
  252  for a felony that did not arise from the same transaction as the
  253  current felony offense.
  254         Section 7. Subsections (1), (3), and (4) of section 782.04,
  255  Florida Statutes, are amended to read:
  256         782.04 Murder.—
  257         (1)(a) The unlawful killing of a human being:
  258         1. When perpetrated from a premeditated design to effect
  259  the death of the person killed or any human being;
  260         2. When committed by a person engaged in the perpetration
  261  of, or in the attempt to perpetrate, any:
  262         a. Trafficking offense prohibited by s. 893.135(1),
  263         b. Arson,
  264         c. Sexual battery,
  265         d. Robbery,
  266         e. Burglary,
  267         f. Kidnapping,
  268         g. Escape,
  269         h. Aggravated child abuse,
  270         i. Aggravated abuse of an elderly person or disabled adult,
  271         j. Aircraft piracy,
  272         k. Unlawful throwing, placing, or discharging of a
  273  destructive device or bomb,
  274         l. Carjacking,
  275         m. Home-invasion robbery,
  276         n. Aggravated stalking,
  277         o. Murder of another human being,
  278         p. Resisting an officer with violence to his or her person,
  279         q. Aggravated fleeing or eluding with serious bodily injury
  280  or death,
  281         r. Felony that is an act of terrorism or is in furtherance
  282  of an act of terrorism,; or
  283         s.Human trafficking, or
  284         3. Which resulted from the unlawful distribution of any
  285  substance controlled under s. 893.03(1), cocaine as described in
  286  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  287  compound, derivative, or preparation of opium, or methadone by a
  288  person 18 years of age or older, when such drug is proven to be
  289  the proximate cause of the death of the user,
  290  
  291  is murder in the first degree and constitutes a capital felony,
  292  punishable as provided in s. 775.082.
  293         (b) In all cases under this section, the procedure set
  294  forth in s. 921.141 shall be followed in order to determine
  295  sentence of death or life imprisonment.
  296         (3) When a human being is killed during the perpetration
  297  of, or during the attempt to perpetrate, any:
  298         (a) Trafficking offense prohibited by s. 893.135(1),
  299         (b) Arson,
  300         (c) Sexual battery,
  301         (d) Robbery,
  302         (e) Burglary,
  303         (f) Kidnapping,
  304         (g) Escape,
  305         (h) Aggravated child abuse,
  306         (i) Aggravated abuse of an elderly person or disabled
  307  adult,
  308         (j) Aircraft piracy,
  309         (k) Unlawful throwing, placing, or discharging of a
  310  destructive device or bomb,
  311         (l) Carjacking,
  312         (m) Home-invasion robbery,
  313         (n) Aggravated stalking,
  314         (o) Murder of another human being,
  315         (p) Aggravated fleeing or eluding with serious bodily
  316  injury or death,
  317         (q) Resisting an officer with violence to his or her
  318  person, or
  319         (r) Felony that is an act of terrorism or is in furtherance
  320  of an act of terrorism, or
  321         (s)Human trafficking,
  322  
  323  by a person other than the person engaged in the perpetration of
  324  or in the attempt to perpetrate such felony, the person
  325  perpetrating or attempting to perpetrate such felony commits
  326  murder in the second degree, which constitutes a felony of the
  327  first degree, punishable by imprisonment for a term of years not
  328  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  329  775.084.
  330         (4) The unlawful killing of a human being, when perpetrated
  331  without any design to effect death, by a person engaged in the
  332  perpetration of, or in the attempt to perpetrate, any felony
  333  other than any:
  334         (a) Trafficking offense prohibited by s. 893.135(1),
  335         (b) Arson,
  336         (c) Sexual battery,
  337         (d) Robbery,
  338         (e) Burglary,
  339         (f) Kidnapping,
  340         (g) Escape,
  341         (h) Aggravated child abuse,
  342         (i) Aggravated abuse of an elderly person or disabled
  343  adult,
  344         (j) Aircraft piracy,
  345         (k) Unlawful throwing, placing, or discharging of a
  346  destructive device or bomb,
  347         (l) Unlawful distribution of any substance controlled under
  348  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  349  opium or any synthetic or natural salt, compound, derivative, or
  350  preparation of opium by a person 18 years of age or older, when
  351  such drug is proven to be the proximate cause of the death of
  352  the user,
  353         (m) Carjacking,
  354         (n) Home-invasion robbery,
  355         (o) Aggravated stalking,
  356         (p) Murder of another human being,
  357         (q) Aggravated fleeing or eluding with serious bodily
  358  injury or death,
  359         (r) Resisting an officer with violence to his or her
  360  person, or
  361         (s) Felony that is an act of terrorism or is in furtherance
  362  of an act of terrorism, or
  363         (t)Human trafficking,
  364  
  365  is murder in the third degree and constitutes a felony of the
  366  second degree, punishable as provided in s. 775.082, s. 775.083,
  367  or s. 775.084.
  368         Section 8. Paragraph (h) is added to subsection (3) of
  369  section 787.06, Florida Statutes, paragraph (b) of subsection
  370  (4) is amended, subsections (5) through (9) are renumbered as
  371  subsections (6) through (10), respectively, and a new subsection
  372  (5) is added to that section, to read:
  373         787.06 Human trafficking.—
  374         (3) Any person who knowingly, or in reckless disregard of
  375  the facts, engages in human trafficking, or attempts to engage
  376  in human trafficking, or benefits financially by receiving
  377  anything of value from participation in a venture that has
  378  subjected a person to human trafficking:
  379         (h)And during the commission or attempt to commit the
  380  offense of human trafficking causes great bodily harm, permanent
  381  disability, or permanent disfigurement to the victim of the
  382  human trafficking offense or attempted offense commits a felony
  383  of the first degree, punishable for a term of years not
  384  exceeding life, as provided in s. 775.082, s. 775.083, or s.
  385  775.084.
  386  
  387  For each instance of human trafficking of any individual under
  388  this subsection, a separate crime is committed and a separate
  389  punishment is authorized.
  390         (4)
  391         (b) Any person who permanently brands, or directs to be
  392  permanently branded, for the purpose of committing an offense
  393  under this section, a victim of an offense under this section
  394  commits a second degree felony, punishable as provided in s.
  395  775.082, s. 775.083, or s. 775.084. For purposes of this
  396  subsection, the term “permanently branded” means a mark on the
  397  individual’s body that, if it can be removed or repaired at all,
  398  can only be removed or repaired by surgical means, laser
  399  treatment, or other medical procedure.
  400         (5)A victim’s lack of chastity or the willingness or
  401  consent of a victim is not a defense to prosecution under this
  402  section if the victim was under 18 years of age at the time of
  403  the offense.
  404         Section 9. Section 794.022, Florida Statutes, is amended to
  405  read:
  406         794.022 Rules of evidence.—
  407         (1) The testimony of the victim need not be corroborated in
  408  a prosecution under s. 787.06, s. 794.011, or s. 800.04.
  409         (2) Specific instances of prior consensual sexual activity
  410  between the victim and any person other than the offender may
  411  shall not be admitted into evidence in a prosecution under s.
  412  787.06, s. 794.011, or s. 800.04. However, such evidence may be
  413  admitted if it is first established to the court in a proceeding
  414  in camera that such evidence may prove that the defendant was
  415  not the source of the semen, pregnancy, injury, or disease; or,
  416  when consent by the victim is at issue, such evidence may be
  417  admitted if it is first established to the court in a proceeding
  418  in camera that such evidence tends to establish a pattern of
  419  conduct or behavior on the part of the victim which is so
  420  similar to the conduct or behavior in the case that it is
  421  relevant to the issue of consent.
  422         (3) Notwithstanding any other provision of law, reputation
  423  evidence relating to a victim’s prior sexual conduct or evidence
  424  presented for the purpose of showing that manner of dress of the
  425  victim at the time of the offense incited the sexual battery may
  426  shall not be admitted into evidence in a prosecution under s.
  427  787.06, s. 794.011, or s. 800.04.
  428         (4) When consent of the victim is a defense to prosecution
  429  under s. 787.06, s. 794.011, or s. 800.04, evidence of the
  430  victim’s mental incapacity or defect is admissible to prove that
  431  the consent was not intelligent, knowing, or voluntary; and the
  432  court shall instruct the jury accordingly.
  433         (5) An offender’s use of a prophylactic device, or a
  434  victim’s request that an offender use a prophylactic device, is
  435  not, by itself, relevant to either the issue of whether or not
  436  the offense was committed or the issue of whether or not the
  437  victim consented.
  438         Section 10. Paragraph (b) of subsection (1) of section
  439  90.404, Florida Statutes, is republished, and paragraphs (b) and
  440  (c) of subsection (2) of that section are amended, to read:
  441         90.404 Character evidence; when admissible.—
  442         (1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s
  443  character or a trait of character is inadmissible to prove
  444  action in conformity with it on a particular occasion, except:
  445         (b) Character of victim.—
  446         1. Except as provided in s. 794.022, evidence of a
  447  pertinent trait of character of the victim of the crime offered
  448  by an accused, or by the prosecution to rebut the trait; or
  449         2. Evidence of a character trait of peacefulness of the
  450  victim offered by the prosecution in a homicide case to rebut
  451  evidence that the victim was the aggressor.
  452         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  453         (b)1. In a criminal case in which the defendant is charged
  454  with a crime involving child molestation, evidence of the
  455  defendant’s commission of other crimes, wrongs, or acts of child
  456  molestation is admissible and may be considered for its bearing
  457  on any matter to which it is relevant.
  458         2. For the purposes of this paragraph, the term “child
  459  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  460  787.06(3)(g), former s. 787.06(3)(h), Florida Statutes 2012, s.
  461  794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
  462  former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s.
  463  847.0145, or s. 985.701(1) when committed against a person 16
  464  years of age or younger.
  465         (c)1. In a criminal case in which the defendant is charged
  466  with a sexual offense, evidence of the defendant’s commission of
  467  other crimes, wrongs, or acts involving a sexual offense is
  468  admissible and may be considered for its bearing on any matter
  469  to which it is relevant.
  470         2. For the purposes of this paragraph, the term “sexual
  471  offense” means conduct proscribed by s. 787.025(2)(c), s.
  472  787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), Florida
  473  Statutes 2012, s. 794.011, excluding s. 794.011(10), s. 794.05,
  474  former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s.
  475  827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
  476         Section 11. Paragraph (a) of subsection (4) of section
  477  775.21, Florida Statutes, is amended to read:
  478         775.21 The Florida Sexual Predators Act.—
  479         (4) SEXUAL PREDATOR CRITERIA.—
  480         (a) For a current offense committed on or after October 1,
  481  1993, upon conviction, an offender shall be designated as a
  482  “sexual predator” under subsection (5), and subject to
  483  registration under subsection (6) and community and public
  484  notification under subsection (7) if:
  485         1. The felony is:
  486         a. A capital, life, or first degree felony violation, or
  487  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  488  is a minor and the defendant is not the victim’s parent or
  489  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  490  violation of a similar law of another jurisdiction; or
  491         b. Any felony violation, or any attempt thereof, of s.
  492  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  493  787.025(2)(c), where the victim is a minor and the defendant is
  494  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  495  or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
  496  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  497  former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s.
  498  827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
  499  916.1075(2); or s. 985.701(1); or a violation of a similar law
  500  of another jurisdiction, and the offender has previously been
  501  convicted of or found to have committed, or has pled nolo
  502  contendere or guilty to, regardless of adjudication, any
  503  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  504  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  505  defendant is not the victim’s parent or guardian; s.
  506  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  507  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  508  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
  509  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  510  847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a
  511  similar law of another jurisdiction;
  512         2. The offender has not received a pardon for any felony or
  513  similar law of another jurisdiction that is necessary for the
  514  operation of this paragraph; and
  515         3. A conviction of a felony or similar law of another
  516  jurisdiction necessary to the operation of this paragraph has
  517  not been set aside in any postconviction proceeding.
  518         Section 12. Paragraph (a) of subsection (1) of section
  519  943.0435, Florida Statutes, is amended to read:
  520         943.0435 Sexual offenders required to register with the
  521  department; penalty.—
  522         (1) As used in this section, the term:
  523         (a)1. “Sexual offender” means a person who meets the
  524  criteria in sub-subparagraph a., sub-subparagraph b., sub
  525  subparagraph c., or sub-subparagraph d., as follows:
  526         a.(I) Has been convicted of committing, or attempting,
  527  soliciting, or conspiring to commit, any of the criminal
  528  offenses proscribed in the following statutes in this state or
  529  similar offenses in another jurisdiction: s. 393.135(2); s.
  530  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  531  the victim is a minor and the defendant is not the victim’s
  532  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  533  787.06(3)(h), Florida Statutes 2012; s. 794.011, excluding s.
  534  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  535  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  536  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  537  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  538  offense committed in this state which has been redesignated from
  539  a former statute number to one of those listed in this sub-sub
  540  subparagraph; and
  541         (II) Has been released on or after October 1, 1997, from
  542  the sanction imposed for any conviction of an offense described
  543  in sub-sub-subparagraph (I). For purposes of sub-sub
  544  subparagraph (I), a sanction imposed in this state or in any
  545  other jurisdiction includes, but is not limited to, a fine,
  546  probation, community control, parole, conditional release,
  547  control release, or incarceration in a state prison, federal
  548  prison, private correctional facility, or local detention
  549  facility;
  550         b. Establishes or maintains a residence in this state and
  551  who has not been designated as a sexual predator by a court of
  552  this state but who has been designated as a sexual predator, as
  553  a sexually violent predator, or by another sexual offender
  554  designation in another state or jurisdiction and was, as a
  555  result of such designation, subjected to registration or
  556  community or public notification, or both, or would be if the
  557  person were a resident of that state or jurisdiction, without
  558  regard to whether the person otherwise meets the criteria for
  559  registration as a sexual offender;
  560         c. Establishes or maintains a residence in this state who
  561  is in the custody or control of, or under the supervision of,
  562  any other state or jurisdiction as a result of a conviction for
  563  committing, or attempting, soliciting, or conspiring to commit,
  564  any of the criminal offenses proscribed in the following
  565  statutes or similar offense in another jurisdiction: s.
  566  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  567  787.025(2)(c), where the victim is a minor and the defendant is
  568  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  569  or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
  570  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  571  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  572  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  573  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
  574  985.701(1); or any similar offense committed in this state which
  575  has been redesignated from a former statute number to one of
  576  those listed in this sub-subparagraph; or
  577         d. On or after July 1, 2007, has been adjudicated
  578  delinquent for committing, or attempting, soliciting, or
  579  conspiring to commit, any of the criminal offenses proscribed in
  580  the following statutes in this state or similar offenses in
  581  another jurisdiction when the juvenile was 14 years of age or
  582  older at the time of the offense:
  583         (I) Section 794.011, excluding s. 794.011(10);
  584         (II) Section 800.04(4)(a)2. where the victim is under 12
  585  years of age or where the court finds sexual activity by the use
  586  of force or coercion;
  587         (III) Section 800.04(5)(c)1. where the court finds
  588  molestation involving unclothed genitals; or
  589         (IV) Section 800.04(5)(d) where the court finds the use of
  590  force or coercion and unclothed genitals.
  591         2. For all qualifying offenses listed in sub-subparagraph
  592  (1)(a)1.d., the court shall make a written finding of the age of
  593  the offender at the time of the offense.
  594  
  595  For each violation of a qualifying offense listed in this
  596  subsection, except for a violation of s. 794.011, the court
  597  shall make a written finding of the age of the victim at the
  598  time of the offense. For a violation of s. 800.04(4), the court
  599  shall also make a written finding indicating whether the offense
  600  involved sexual activity and indicating whether the offense
  601  involved force or coercion. For a violation of s. 800.04(5), the
  602  court shall also make a written finding that the offense did or
  603  did not involve unclothed genitals or genital area and that the
  604  offense did or did not involve the use of force or coercion.
  605         Section 13. Paragraph (b) of subsection (1) of section
  606  944.606, Florida Statutes, is amended to read:
  607         944.606 Sexual offenders; notification upon release.—
  608         (1) As used in this section:
  609         (b) “Sexual offender” means a person who has been convicted
  610  of committing, or attempting, soliciting, or conspiring to
  611  commit, any of the criminal offenses proscribed in the following
  612  statutes in this state or similar offenses in another
  613  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  614  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  615  defendant is not the victim’s parent or guardian; s.
  616  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  617  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  618  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  619  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  620  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  621  916.1075(2); or s. 985.701(1); or any similar offense committed
  622  in this state which has been redesignated from a former statute
  623  number to one of those listed in this subsection, when the
  624  department has received verified information regarding such
  625  conviction; an offender’s computerized criminal history record
  626  is not, in and of itself, verified information.
  627         Section 14. Paragraph (a) of subsection (1) of section
  628  944.607, Florida Statutes, is amended to read:
  629         944.607 Notification to Department of Law Enforcement of
  630  information on sexual offenders.—
  631         (1) As used in this section, the term:
  632         (a) “Sexual offender” means a person who is in the custody
  633  or control of, or under the supervision of, the department or is
  634  in the custody of a private correctional facility:
  635         1. On or after October 1, 1997, as a result of a conviction
  636  for committing, or attempting, soliciting, or conspiring to
  637  commit, any of the criminal offenses proscribed in the following
  638  statutes in this state or similar offenses in another
  639  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  640  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  641  defendant is not the victim’s parent or guardian; s.
  642  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  643  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  644  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  645  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  646  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  647  916.1075(2); or s. 985.701(1); or any similar offense committed
  648  in this state which has been redesignated from a former statute
  649  number to one of those listed in this paragraph; or
  650         2. Who establishes or maintains a residence in this state
  651  and who has not been designated as a sexual predator by a court
  652  of this state but who has been designated as a sexual predator,
  653  as a sexually violent predator, or by another sexual offender
  654  designation in another state or jurisdiction and was, as a
  655  result of such designation, subjected to registration or
  656  community or public notification, or both, or would be if the
  657  person were a resident of that state or jurisdiction, without
  658  regard as to whether the person otherwise meets the criteria for
  659  registration as a sexual offender.
  660         Section 15. For the purpose of incorporating the amendment
  661  made by this act to section 775.08435, Florida Statutes, in a
  662  reference thereto, paragraph (m) of subsection (1) of section
  663  924.07, Florida Statutes, is reenacted to read:
  664         924.07 Appeal by state.—
  665         (1) The state may appeal from:
  666         (m) An order withholding adjudication of guilt in violation
  667  of s. 775.08435.
  668         Section 16. This act shall take effect July 1, 2016.
  669  
  670  ================= T I T L E  A M E N D M E N T ================
  671  And the title is amended as follows:
  672         Delete everything before the enacting clause
  673  and insert:
  674                        A bill to be entitled                      
  675         An act relating to offenses involving minors and
  676         vulnerable persons; amending ss. 92.53 and 92.54,
  677         F.S.; increasing the maximum age at which a victim or
  678         witness under may be allowed to testify via closed
  679         circuit television rather than in a courtroom in
  680         certain circumstances; amending s. 92.55, F.S.;
  681         revising the definition of the term “sexual offense
  682         victim or witness”; increasing the maximum age of
  683         victims and witnesses for whom the court may enter
  684         protective orders; authorizing certain advocates to
  685         file motions for such orders on behalf of certain
  686         persons; amending s. 741.281, F.S.; requiring a court
  687         to order that a defendant attend and complete a
  688         parenting course if domestic violence was committed
  689         upon or in the presence of a child; amending s.
  690         741.283, F.S.; increasing the minimum sentence that a
  691         court is required to order a person to serve if he or
  692         she is adjudicated guilty of domestic violence and
  693         intentionally causes bodily harm to another person;
  694         amending s. 775.08435, F.S.; prohibiting a court from
  695         withholding adjudication for a third degree felony
  696         offense of domestic violence; providing exceptions;
  697         amending s. 782.04, F.S.; including human trafficking
  698         as an underlying felony offense to support a felony
  699         murder conviction; amending s. 787.06, F.S.; providing
  700         increased criminal penalties for human trafficking
  701         offenses if the victim suffers great bodily harm,
  702         permanent disability, or permanent disfigurement;
  703         specifying that penalties for branding must be for the
  704         purpose of committing the offense of human
  705         trafficking; prohibiting certain defense to
  706         prosecution; amending s. 794.022, F.S.; including
  707         human trafficking and lewd and lascivious offenses in
  708         the rules of evidence applicable to sexually-related
  709         offenses; amending ss. 90.404, 775.21, 943.0435,
  710         944.606, and 944.607, F.S.; conforming provisions to
  711         changes made by the act; reenacting s. 924.07(1)(m),
  712         F.S., relating to an appeal by the state, to
  713         incorporate the amendment made to s. 775.08135, F.S.,
  714         in a reference thereto; providing an effective date.