Florida Senate - 2016                             CS for SB 1294
       
       
        
       By the Committee on Fiscal Policy; and Senators Flores and
       Grimsley
       
       594-04398-16                                          20161294c1
    1                        A bill to be entitled                      
    2         An act relating to offenses involving minors and
    3         vulnerable persons; amending ss. 92.53 and 92.54,
    4         F.S.; increasing the maximum age at which a victim or
    5         witness under may be allowed to testify via closed
    6         circuit television rather than in a courtroom in
    7         certain circumstances; amending s. 92.55, F.S.;
    8         revising the definition of the term “sexual offense
    9         victim or witness”; increasing the maximum age of
   10         victims and witnesses for whom the court may enter
   11         protective orders; authorizing certain advocates to
   12         file motions for such orders on behalf of certain
   13         persons; amending s. 741.281, F.S.; requiring a court
   14         to order that a defendant attend and complete a
   15         parenting course if domestic violence was committed
   16         upon or in the presence of a child; amending s.
   17         741.283, F.S.; increasing the minimum sentence that a
   18         court is required to order a person to serve if he or
   19         she is adjudicated guilty of domestic violence and
   20         intentionally causes bodily harm to another person;
   21         amending s. 775.08435, F.S.; prohibiting a court from
   22         withholding adjudication for a third degree felony
   23         offense of domestic violence; providing exceptions;
   24         amending s. 782.04, F.S.; including human trafficking
   25         as an underlying felony offense to support a felony
   26         murder conviction; amending s. 787.06, F.S.;
   27         reclassifying specified felony offenses under certain
   28         circumstances; prohibiting certain defenses to
   29         prosecution under certain circumstances; amending s.
   30         794.022, F.S.; including human trafficking and lewd
   31         and lascivious offenses in the rules of evidence
   32         applicable to sexually-related offenses; amending ss.
   33         90.404, 775.21, 943.0435, 944.606, and 944.607, F.S.;
   34         conforming provisions to changes made by the act;
   35         reenacting s. 924.07(1)(m), F.S., relating to an
   36         appeal by the state, to incorporate the amendment made
   37         to s. 775.08135, F.S., in a reference thereto;
   38         providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 92.53, Florida Statutes, is amended to
   43  read:
   44         92.53 Videotaping the testimony of a victim or witness
   45  under age 18 16 or who has an intellectual disability.—
   46         (1) On motion and hearing in camera and a finding that
   47  there is a substantial likelihood that a victim or witness who
   48  is under the age of 18 16 or who has an intellectual disability
   49  as defined in s. 393.063 would suffer at least moderate
   50  emotional or mental harm due to the presence of the defendant if
   51  such victim or witness is required to testify in open court, or
   52  is unavailable as defined in s. 90.804(1), the trial court may
   53  order the videotaping of the testimony of the victim or witness
   54  in a case, whether civil or criminal in nature, in which
   55  videotaped testimony is to be used at trial in lieu of trial
   56  testimony in open court.
   57         (2) The motion may be filed by:
   58         (a) The victim or witness, or the victim’s or witness’s
   59  attorney, parent, legal guardian, or guardian ad litem;
   60         (b) A trial judge on his or her own motion;
   61         (c) Any party in a civil proceeding; or
   62         (d) The prosecuting attorney or the defendant, or the
   63  defendant’s counsel.
   64         (3) The judge shall preside, or shall appoint a special
   65  master to preside, at the videotaping unless:
   66         (a) The child or the person who has the intellectual
   67  disability is represented by a guardian ad litem or counsel;
   68         (b) The representative of the victim or witness and the
   69  counsel for each party stipulate that the requirement for the
   70  presence of the judge or special master may be waived; and
   71         (c) The court finds at a hearing on the motion that the
   72  presence of a judge or special master is not necessary to
   73  protect the victim or witness.
   74         (4) The defendant and the defendant’s counsel must be
   75  present at the videotaping unless the defendant has waived this
   76  right. The court may require the defendant to view the testimony
   77  from outside the presence of the child or the person who has an
   78  intellectual disability by means of a two-way mirror or another
   79  similar method that ensures that the defendant can observe and
   80  hear the testimony of the victim or witness in person, but the
   81  victim or witness cannot hear or see the defendant. The
   82  defendant and the attorney for the defendant may communicate by
   83  any appropriate private method.
   84         (5) Any party, or the court on its own motion, may request
   85  the aid of an interpreter, as provided in s. 90.606, to aid the
   86  parties in formulating methods of questioning the child or
   87  person who has the intellectual disability and in interpreting
   88  the answers of the child or person during proceedings conducted
   89  under this section.
   90         (6) The motion referred to in subsection (1) may be made at
   91  any time with reasonable notice to each party to the cause, and
   92  videotaping of testimony may be made any time after the court
   93  grants the motion. The videotaped testimony is admissible as
   94  evidence in the trial of the cause; however, such testimony is
   95  not admissible in any trial or proceeding in which such witness
   96  testifies by use of closed circuit television pursuant to s.
   97  92.54.
   98         (7) The court shall make specific findings of fact, on the
   99  record, as to the basis for its ruling under this section.
  100         Section 2. Section 92.54, Florida Statutes, is amended to
  101  read:
  102         92.54 Use of closed circuit television in proceedings
  103  involving a victim or witness under the age of 18 16 or who has
  104  an intellectual disability.—
  105         (1) Upon motion and hearing in camera and upon a finding
  106  that there is a substantial likelihood that a victim or witness
  107  under the age of 18 16 or who has an intellectual disability
  108  will suffer at least moderate emotional or mental harm due to
  109  the presence of the defendant if such victim or witness is
  110  required to testify in open court, or is unavailable as defined
  111  in s. 90.804(1), the trial court may order that the testimony of
  112  the victim or witness be taken outside of the courtroom and
  113  shown by means of closed circuit television.
  114         (2) The motion may be filed by the victim or witness; the
  115  attorney, parent, legal guardian, or guardian ad litem of the
  116  victim or witness; the prosecutor; the defendant or the
  117  defendant’s counsel; or the trial judge on his or her own
  118  motion.
  119         (3) Only the judge, the prosecutor, the defendant, the
  120  attorney for the defendant, the operators of the videotape
  121  equipment, an interpreter, and some other person who, in the
  122  opinion of the court, contributes to the well-being of the child
  123  or the person who has an intellectual disability and who will
  124  not be a witness in the case may be in the room during the
  125  recording of the testimony.
  126         (4) During the victim’s or witness’s testimony by closed
  127  circuit television, the court may require the defendant to view
  128  the testimony from the courtroom. In such a case, the court
  129  shall permit the defendant to observe and hear the testimony of
  130  the victim or witness, but must ensure that the victim or
  131  witness cannot hear or see the defendant. The defendant’s right
  132  to assistance of counsel, which includes the right to immediate
  133  and direct communication with counsel conducting cross
  134  examination, must be protected and, upon the defendant’s
  135  request, such communication must be provided by any appropriate
  136  electronic method.
  137         (5) The court shall make specific findings of fact, on the
  138  record, as to the basis for its ruling under this section.
  139         Section 3. Section 92.55, Florida Statutes, is amended to
  140  read:
  141         92.55 Judicial or other proceedings involving victim or
  142  witness under the age of 18 16, a person who has an intellectual
  143  disability, or a sexual offense victim or witness; special
  144  protections; use of registered service or therapy animals.—
  145         (1) For purposes of this section, the term:
  146         (a) “Sexual offense victim or witness” means a person who
  147  was under the age of 18 16 when he or she was the victim of or a
  148  witness to a sexual offense.
  149         (b) “Sexual offense” means any offense specified in s.
  150  775.21(4)(a)1. or s. 943.0435(1)(a)1.a.(I).
  151         (2) Upon motion of any party, upon motion of a parent,
  152  guardian, attorney, or guardian ad litem, or other advocate
  153  appointed by the court under s. 914.17 for a victim or witness
  154  under the age of 18 16, a person who has an intellectual
  155  disability, or a sexual offense victim or witness, or upon its
  156  own motion, the court may enter any order necessary to protect
  157  the victim or witness in any judicial proceeding or other
  158  official proceeding from severe emotional or mental harm due to
  159  the presence of the defendant if the victim or witness is
  160  required to testify in open court. Such orders must relate to
  161  the taking of testimony and include, but are not limited to:
  162         (a) Interviewing or the taking of depositions as part of a
  163  civil or criminal proceeding.
  164         (b) Examination and cross-examination for the purpose of
  165  qualifying as a witness or testifying in any proceeding.
  166         (c) The use of testimony taken outside of the courtroom,
  167  including proceedings under ss. 92.53 and 92.54.
  168         (3) In ruling upon the motion, the court shall consider:
  169         (a) The age of the child, the nature of the offense or act,
  170  the relationship of the child to the parties in the case or to
  171  the defendant in a criminal action, the degree of emotional
  172  trauma that will result to the child as a consequence of the
  173  defendant’s presence, and any other fact that the court deems
  174  relevant;
  175         (b) The age of the person who has an intellectual
  176  disability, the functional capacity of such person, the nature
  177  of the offenses or act, the relationship of the person to the
  178  parties in the case or to the defendant in a criminal action,
  179  the degree of emotional trauma that will result to the person as
  180  a consequence of the defendant’s presence, and any other fact
  181  that the court deems relevant; or
  182         (c) The age of the sexual offense victim or witness when
  183  the sexual offense occurred, the relationship of the sexual
  184  offense victim or witness to the parties in the case or to the
  185  defendant in a criminal action, the degree of emotional trauma
  186  that will result to the sexual offense victim or witness as a
  187  consequence of the defendant’s presence, and any other fact that
  188  the court deems relevant.
  189         (4) In addition to such other relief provided by law, the
  190  court may enter orders limiting the number of times that a
  191  child, a person who has an intellectual disability, or a sexual
  192  offense victim or witness may be interviewed, prohibiting
  193  depositions of the victim or witness, requiring the submission
  194  of questions before the examination of the victim or witness,
  195  setting the place and conditions for interviewing the victim or
  196  witness or for conducting any other proceeding, or permitting or
  197  prohibiting the attendance of any person at any proceeding. The
  198  court shall enter any order necessary to protect the rights of
  199  all parties, including the defendant in any criminal action.
  200         (5) The court may set any other conditions it finds just
  201  and appropriate when taking the testimony of a child victim or
  202  witness or a sexual offense victim or witness, including the use
  203  of a service or therapy animal that has been evaluated and
  204  registered according to national standards, in any proceeding
  205  involving a sexual offense. When deciding whether to permit a
  206  child victim or witness or sexual offense victim or witness to
  207  testify with the assistance of a registered service or therapy
  208  animal, the court shall consider the age of the child victim or
  209  witness, the age of the sexual offense victim or witness at the
  210  time the sexual offense occurred, the interests of the child
  211  victim or witness or sexual offense victim or witness, the
  212  rights of the parties to the litigation, and any other relevant
  213  factor that would facilitate the testimony by the child victim
  214  or witness or sexual offense victim or witness.
  215         Section 4. Section 741.281, Florida Statutes, is amended to
  216  read:
  217         741.281 Court to order batterers’ intervention program
  218  attendance.—If a person is found guilty of, has adjudication
  219  withheld on, or pleads nolo contendere to a crime of domestic
  220  violence, as defined in s. 741.28, that person shall be ordered
  221  by the court to a minimum term of 1 year’s probation and the
  222  court shall order that the defendant attend and complete a
  223  batterers’ intervention program and, if a crime of domestic
  224  violence was committed upon or in the presence of a child, a
  225  parenting course as a condition of probation. The court must
  226  impose the condition of the batterers’ intervention program and
  227  parenting course for a defendant under this section, but the
  228  court, in its discretion, may determine not to impose the
  229  condition if it states on the record why a batterers’
  230  intervention program and the parenting course might be
  231  inappropriate. The court must impose the condition of the
  232  batterers’ intervention program for a defendant placed on
  233  probation unless the court determines that the person does not
  234  qualify for the batterers’ intervention program pursuant to s.
  235  741.325. The imposition of probation under this section does not
  236  preclude the court from imposing any sentence of imprisonment
  237  authorized by s. 775.082.
  238         Section 5. Section 741.283, Florida Statutes, is amended to
  239  read:
  240         741.283 Minimum term of imprisonment for domestic
  241  violence.—If a person is adjudicated guilty of a crime of
  242  domestic violence, as defined in s. 741.28, and the person has
  243  intentionally caused bodily harm to another person, the court
  244  shall order the person to serve a minimum of 30 5 days in the
  245  county jail as part of the sentence imposed, unless the court
  246  sentences the person to a nonsuspended period of incarceration
  247  in a state correctional facility. This section does not preclude
  248  the court from sentencing the person to probation, community
  249  control, or an additional period of incarceration.
  250         Section 6. Subsection (1) of section 775.08435, Florida
  251  Statutes, is amended to read:
  252         775.08435 Prohibition on withholding adjudication in felony
  253  cases.—
  254         (1) Notwithstanding the provisions of s. 948.01, the court
  255  may not withhold adjudication of guilt upon the defendant for:
  256         (a) Any capital, life, or first degree felony offense.
  257         (b) A second degree felony offense unless:
  258         1. The state attorney requests in writing that adjudication
  259  be withheld; or
  260         2. The court makes written findings that the withholding of
  261  adjudication is reasonably justified based on circumstances or
  262  factors in accordance with those set forth in s. 921.0026.
  263  
  264  Notwithstanding any provision of this section, no adjudication
  265  of guilt shall be withheld for a second degree felony offense if
  266  the defendant has a prior withholding of adjudication for a
  267  felony that did not arise from the same transaction as the
  268  current felony offense.
  269         (c) A third degree felony offense if the defendant has a
  270  prior withholding of adjudication for a felony offense that did
  271  not arise from the same transaction as the current felony
  272  offense unless:
  273         1. The state attorney requests in writing that adjudication
  274  be withheld; or
  275         2. The court makes written findings that the withholding of
  276  adjudication is reasonably justified based on circumstances or
  277  factors in accordance with those set forth in s. 921.0026.
  278         (d) A third degree felony offense of domestic violence, as
  279  defined in s. 741.28, unless:
  280         1. The state attorney requests in writing that adjudication
  281  be withheld; or
  282         2. The court makes written findings that the withholding of
  283  adjudication is reasonably justified based on circumstances or
  284  factors in accordance with those set forth in s. 921.0026.
  285  
  286  Notwithstanding any provision of this section, no adjudication
  287  of guilt shall be withheld for a third degree felony offense if
  288  the defendant has two or more prior withholdings of adjudication
  289  for a felony that did not arise from the same transaction as the
  290  current felony offense.
  291         Section 7. Subsections (1), (3), and (4) of section 782.04,
  292  Florida Statutes, are amended to read:
  293         782.04 Murder.—
  294         (1)(a) The unlawful killing of a human being:
  295         1. When perpetrated from a premeditated design to effect
  296  the death of the person killed or any human being;
  297         2. When committed by a person engaged in the perpetration
  298  of, or in the attempt to perpetrate, any:
  299         a. Trafficking offense prohibited by s. 893.135(1),
  300         b. Arson,
  301         c. Sexual battery,
  302         d. Robbery,
  303         e. Burglary,
  304         f. Kidnapping,
  305         g. Escape,
  306         h. Aggravated child abuse,
  307         i. Aggravated abuse of an elderly person or disabled 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. Resisting an officer with violence to his or her person,
  316         q. Aggravated fleeing or eluding with serious bodily injury
  317  or death,
  318         r. Felony that is an act of terrorism or is in furtherance
  319  of an act of terrorism,; or
  320         s.Human trafficking, or
  321         3. Which resulted from the unlawful distribution of any
  322  substance controlled under s. 893.03(1), cocaine as described in
  323  s. 893.03(2)(a)4., opium or any synthetic or natural salt,
  324  compound, derivative, or preparation of opium, or methadone by a
  325  person 18 years of age or older, when such drug is proven to be
  326  the proximate cause of the death of the user,
  327  
  328  is murder in the first degree and constitutes a capital felony,
  329  punishable as provided in s. 775.082.
  330         (b) In all cases under this section, the procedure set
  331  forth in s. 921.141 shall be followed in order to determine
  332  sentence of death or life imprisonment.
  333         (3) When a human being is killed during the perpetration
  334  of, or during the attempt to perpetrate, any:
  335         (a) Trafficking offense prohibited by s. 893.135(1),
  336         (b) Arson,
  337         (c) Sexual battery,
  338         (d) Robbery,
  339         (e) Burglary,
  340         (f) Kidnapping,
  341         (g) Escape,
  342         (h) Aggravated child abuse,
  343         (i) Aggravated abuse of an elderly person or disabled
  344  adult,
  345         (j) Aircraft piracy,
  346         (k) Unlawful throwing, placing, or discharging of a
  347  destructive device or bomb,
  348         (l) Carjacking,
  349         (m) Home-invasion robbery,
  350         (n) Aggravated stalking,
  351         (o) Murder of another human being,
  352         (p) Aggravated fleeing or eluding with serious bodily
  353  injury or death,
  354         (q) Resisting an officer with violence to his or her
  355  person, or
  356         (r) Felony that is an act of terrorism or is in furtherance
  357  of an act of terrorism, or
  358         (s)Human trafficking,
  359  
  360  by a person other than the person engaged in the perpetration of
  361  or in the attempt to perpetrate such felony, the person
  362  perpetrating or attempting to perpetrate such felony commits
  363  murder in the second degree, which constitutes a felony of the
  364  first degree, punishable by imprisonment for a term of years not
  365  exceeding life or as provided in s. 775.082, s. 775.083, or s.
  366  775.084.
  367         (4) The unlawful killing of a human being, when perpetrated
  368  without any design to effect death, by a person engaged in the
  369  perpetration of, or in the attempt to perpetrate, any felony
  370  other than any:
  371         (a) Trafficking offense prohibited by s. 893.135(1),
  372         (b) Arson,
  373         (c) Sexual battery,
  374         (d) Robbery,
  375         (e) Burglary,
  376         (f) Kidnapping,
  377         (g) Escape,
  378         (h) Aggravated child abuse,
  379         (i) Aggravated abuse of an elderly person or disabled
  380  adult,
  381         (j) Aircraft piracy,
  382         (k) Unlawful throwing, placing, or discharging of a
  383  destructive device or bomb,
  384         (l) Unlawful distribution of any substance controlled under
  385  s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or
  386  opium or any synthetic or natural salt, compound, derivative, or
  387  preparation of opium by a person 18 years of age or older, when
  388  such drug is proven to be the proximate cause of the death of
  389  the user,
  390         (m) Carjacking,
  391         (n) Home-invasion robbery,
  392         (o) Aggravated stalking,
  393         (p) Murder of another human being,
  394         (q) Aggravated fleeing or eluding with serious bodily
  395  injury or death,
  396         (r) Resisting an officer with violence to his or her
  397  person, or
  398         (s) Felony that is an act of terrorism or is in furtherance
  399  of an act of terrorism, or
  400         (t)Human trafficking,
  401  
  402  is murder in the third degree and constitutes a felony of the
  403  second degree, punishable as provided in s. 775.082, s. 775.083,
  404  or s. 775.084.
  405         Section 8. Paragraph (b) of subsection (4) of section
  406  787.06, Florida Statutes, is amended, present subsections (8)
  407  and (9) of that section are redesignated as subsection (9) and
  408  (11), respectively, and new subsections (8) and (10) are added
  409  to that section, to read:
  410         787.06 Human trafficking.—
  411         (4)
  412         (b) Any person who, for the purpose of committing or
  413  facilitating an offense under this section, permanently brands,
  414  or directs to be branded, a victim of an offense under this
  415  section commits a second degree felony, punishable as provided
  416  in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
  417  subsection, the term “permanently branded” means a mark on the
  418  individual’s body that, if it can be removed or repaired at all,
  419  can only be removed or repaired by surgical means, laser
  420  treatment, or other medical procedure.
  421         (8) The degree of an offense shall be reclassified as
  422  follows if a person causes great bodily harm, permanent
  423  disability, or permanent disfigurement to another person during
  424  the commission of an offense under this section:
  425         (a) A felony of the second degree shall be reclassified as
  426  a felony of the first degree.
  427         (b) A felony of the first degree shall be reclassified as a
  428  life felony.
  429         (10) A victim’s lack of chastity or the willingness or
  430  consent of a victim is not a defense to prosecution under this
  431  section if the victim was under 18 years of age at the time of
  432  the offense.
  433         Section 9. Section 794.022, Florida Statutes, is amended to
  434  read:
  435         794.022 Rules of evidence.—
  436         (1) The testimony of the victim need not be corroborated in
  437  a prosecution under s. 787.06, s. 794.011, or s. 800.04.
  438         (2) Specific instances of prior consensual sexual activity
  439  between the victim and any person other than the offender may
  440  shall not be admitted into evidence in a prosecution under s.
  441  787.06, s. 794.011, or s. 800.04. However, such evidence may be
  442  admitted if it is first established to the court in a proceeding
  443  in camera that such evidence may prove that the defendant was
  444  not the source of the semen, pregnancy, injury, or disease; or,
  445  when consent by the victim is at issue, such evidence may be
  446  admitted if it is first established to the court in a proceeding
  447  in camera that such evidence tends to establish a pattern of
  448  conduct or behavior on the part of the victim which is so
  449  similar to the conduct or behavior in the case that it is
  450  relevant to the issue of consent.
  451         (3) Notwithstanding any other provision of law, reputation
  452  evidence relating to a victim’s prior sexual conduct or evidence
  453  presented for the purpose of showing that manner of dress of the
  454  victim at the time of the offense incited the sexual battery may
  455  shall not be admitted into evidence in a prosecution under s.
  456  787.06, s. 794.011, or s. 800.04.
  457         (4) When consent of the victim is a defense to prosecution
  458  under s. 787.06, s. 794.011, or s. 800.04, evidence of the
  459  victim’s mental incapacity or defect is admissible to prove that
  460  the consent was not intelligent, knowing, or voluntary; and the
  461  court shall instruct the jury accordingly.
  462         (5) An offender’s use of a prophylactic device, or a
  463  victim’s request that an offender use a prophylactic device, is
  464  not, by itself, relevant to either the issue of whether or not
  465  the offense was committed or the issue of whether or not the
  466  victim consented.
  467         Section 10. Paragraph (b) of subsection (1) of section
  468  90.404, Florida Statutes, is republished, and paragraphs (b) and
  469  (c) of subsection (2) of that section are amended, to read:
  470         90.404 Character evidence; when admissible.—
  471         (1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s
  472  character or a trait of character is inadmissible to prove
  473  action in conformity with it on a particular occasion, except:
  474         (b) Character of victim.—
  475         1. Except as provided in s. 794.022, evidence of a
  476  pertinent trait of character of the victim of the crime offered
  477  by an accused, or by the prosecution to rebut the trait; or
  478         2. Evidence of a character trait of peacefulness of the
  479  victim offered by the prosecution in a homicide case to rebut
  480  evidence that the victim was the aggressor.
  481         (2) OTHER CRIMES, WRONGS, OR ACTS.—
  482         (b)1. In a criminal case in which the defendant is charged
  483  with a crime involving child molestation, evidence of the
  484  defendant’s commission of other crimes, wrongs, or acts of child
  485  molestation is admissible and may be considered for its bearing
  486  on any matter to which it is relevant.
  487         2. For the purposes of this paragraph, the term “child
  488  molestation” means conduct proscribed by s. 787.025(2)(c), s.
  489  787.06(3)(g), former s. 787.06(3)(h), Florida Statutes 2012, s.
  490  794.011, excluding s. 794.011(10), s. 794.05, former s. 796.03,
  491  former s. 796.035, s. 800.04, s. 827.071, s. 847.0135(5), s.
  492  847.0145, or s. 985.701(1) when committed against a person 16
  493  years of age or younger.
  494         (c)1. In a criminal case in which the defendant is charged
  495  with a sexual offense, evidence of the defendant’s commission of
  496  other crimes, wrongs, or acts involving a sexual offense is
  497  admissible and may be considered for its bearing on any matter
  498  to which it is relevant.
  499         2. For the purposes of this paragraph, the term “sexual
  500  offense” means conduct proscribed by s. 787.025(2)(c), s.
  501  787.06(3)(b), (d), (f), or (g), former s. 787.06(3)(h), Florida
  502  Statutes 2012, s. 794.011, excluding s. 794.011(10), s. 794.05,
  503  former s. 796.03, former s. 796.035, s. 825.1025(2)(b), s.
  504  827.071, s. 847.0135(5), s. 847.0145, or s. 985.701(1).
  505         Section 11. Paragraph (a) of subsection (4) of section
  506  775.21, Florida Statutes, is amended to read:
  507         775.21 The Florida Sexual Predators Act.—
  508         (4) SEXUAL PREDATOR CRITERIA.—
  509         (a) For a current offense committed on or after October 1,
  510  1993, upon conviction, an offender shall be designated as a
  511  “sexual predator” under subsection (5), and subject to
  512  registration under subsection (6) and community and public
  513  notification under subsection (7) if:
  514         1. The felony is:
  515         a. A capital, life, or first degree felony violation, or
  516  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  517  is a minor and the defendant is not the victim’s parent or
  518  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  519  violation of a similar law of another jurisdiction; or
  520         b. Any felony violation, or any attempt thereof, of s.
  521  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  522  787.025(2)(c), where the victim is a minor and the defendant is
  523  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  524  or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
  525  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  526  former s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s.
  527  827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
  528  916.1075(2); or s. 985.701(1); or a violation of a similar law
  529  of another jurisdiction, and the offender has previously been
  530  convicted of or found to have committed, or has pled nolo
  531  contendere or guilty to, regardless of adjudication, any
  532  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  533  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  534  defendant is not the victim’s parent or guardian; s.
  535  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  536  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  537  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
  538  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  539  847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a
  540  similar law of another jurisdiction;
  541         2. The offender has not received a pardon for any felony or
  542  similar law of another jurisdiction that is necessary for the
  543  operation of this paragraph; and
  544         3. A conviction of a felony or similar law of another
  545  jurisdiction necessary to the operation of this paragraph has
  546  not been set aside in any postconviction proceeding.
  547         Section 12. Paragraph (a) of subsection (1) of section
  548  943.0435, Florida Statutes, is amended to read:
  549         943.0435 Sexual offenders required to register with the
  550  department; penalty.—
  551         (1) As used in this section, the term:
  552         (a)1. “Sexual offender” means a person who meets the
  553  criteria in sub-subparagraph a., sub-subparagraph b., sub
  554  subparagraph c., or sub-subparagraph d., as follows:
  555         a.(I) Has been convicted of committing, or attempting,
  556  soliciting, or conspiring to commit, any of the criminal
  557  offenses proscribed in the following statutes in this state or
  558  similar offenses in another jurisdiction: s. 393.135(2); s.
  559  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  560  the victim is a minor and the defendant is not the victim’s
  561  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  562  787.06(3)(h), Florida Statutes 2012; s. 794.011, excluding s.
  563  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  564  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  565  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  566  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  567  offense committed in this state which has been redesignated from
  568  a former statute number to one of those listed in this sub-sub
  569  subparagraph; and
  570         (II) Has been released on or after October 1, 1997, from
  571  the sanction imposed for any conviction of an offense described
  572  in sub-sub-subparagraph (I). For purposes of sub-sub
  573  subparagraph (I), a sanction imposed in this state or in any
  574  other jurisdiction includes, but is not limited to, a fine,
  575  probation, community control, parole, conditional release,
  576  control release, or incarceration in a state prison, federal
  577  prison, private correctional facility, or local detention
  578  facility;
  579         b. Establishes or maintains a residence in this state and
  580  who has not been designated as a sexual predator by a court of
  581  this state but who has been designated as a sexual predator, as
  582  a sexually violent predator, or by another sexual offender
  583  designation in another state or jurisdiction and was, as a
  584  result of such designation, subjected to registration or
  585  community or public notification, or both, or would be if the
  586  person were a resident of that state or jurisdiction, without
  587  regard to whether the person otherwise meets the criteria for
  588  registration as a sexual offender;
  589         c. Establishes or maintains a residence in this state who
  590  is in the custody or control of, or under the supervision of,
  591  any other state or jurisdiction as a result of a conviction for
  592  committing, or attempting, soliciting, or conspiring to commit,
  593  any of the criminal offenses proscribed in the following
  594  statutes or similar offense in another jurisdiction: s.
  595  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  596  787.025(2)(c), where the victim is a minor and the defendant is
  597  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  598  or (g); former s. 787.06(3)(h), Florida Statutes 2012; s.
  599  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  600  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  601  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  602  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
  603  985.701(1); or any similar offense committed in this state which
  604  has been redesignated from a former statute number to one of
  605  those listed in this sub-subparagraph; or
  606         d. On or after July 1, 2007, has been adjudicated
  607  delinquent for committing, or attempting, soliciting, or
  608  conspiring to commit, any of the criminal offenses proscribed in
  609  the following statutes in this state or similar offenses in
  610  another jurisdiction when the juvenile was 14 years of age or
  611  older at the time of the offense:
  612         (I) Section 794.011, excluding s. 794.011(10);
  613         (II) Section 800.04(4)(a)2. where the victim is under 12
  614  years of age or where the court finds sexual activity by the use
  615  of force or coercion;
  616         (III) Section 800.04(5)(c)1. where the court finds
  617  molestation involving unclothed genitals; or
  618         (IV) Section 800.04(5)(d) where the court finds the use of
  619  force or coercion and unclothed genitals.
  620         2. For all qualifying offenses listed in sub-subparagraph
  621  (1)(a)1.d., the court shall make a written finding of the age of
  622  the offender at the time of the offense.
  623  
  624  For each violation of a qualifying offense listed in this
  625  subsection, except for a violation of s. 794.011, the court
  626  shall make a written finding of the age of the victim at the
  627  time of the offense. For a violation of s. 800.04(4), the court
  628  shall also make a written finding indicating whether the offense
  629  involved sexual activity and indicating whether the offense
  630  involved force or coercion. For a violation of s. 800.04(5), the
  631  court shall also make a written finding that the offense did or
  632  did not involve unclothed genitals or genital area and that the
  633  offense did or did not involve the use of force or coercion.
  634         Section 13. Paragraph (b) of subsection (1) of section
  635  944.606, Florida Statutes, is amended to read:
  636         944.606 Sexual offenders; notification upon release.—
  637         (1) As used in this section:
  638         (b) “Sexual offender” means a person who has been convicted
  639  of committing, or attempting, soliciting, or conspiring to
  640  commit, any of the criminal offenses proscribed in the following
  641  statutes in this state or similar offenses in another
  642  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  643  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  644  defendant is not the victim’s parent or guardian; s.
  645  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  646  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  647  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  648  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  649  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  650  916.1075(2); or s. 985.701(1); or any similar offense committed
  651  in this state which has been redesignated from a former statute
  652  number to one of those listed in this subsection, when the
  653  department has received verified information regarding such
  654  conviction; an offender’s computerized criminal history record
  655  is not, in and of itself, verified information.
  656         Section 14. Paragraph (a) of subsection (1) of section
  657  944.607, Florida Statutes, is amended to read:
  658         944.607 Notification to Department of Law Enforcement of
  659  information on sexual offenders.—
  660         (1) As used in this section, the term:
  661         (a) “Sexual offender” means a person who is in the custody
  662  or control of, or under the supervision of, the department or is
  663  in the custody of a private correctional facility:
  664         1. On or after October 1, 1997, as a result of a conviction
  665  for committing, or attempting, soliciting, or conspiring to
  666  commit, any of the criminal offenses proscribed in the following
  667  statutes in this state or similar offenses in another
  668  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  669  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  670  defendant is not the victim’s parent or guardian; s.
  671  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h), Florida
  672  Statutes 2012; s. 794.011, excluding s. 794.011(10); s. 794.05;
  673  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  674  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  675  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  676  916.1075(2); or s. 985.701(1); or any similar offense committed
  677  in this state which has been redesignated from a former statute
  678  number to one of those listed in this paragraph; or
  679         2. Who establishes or maintains a residence in this state
  680  and who has not been designated as a sexual predator by a court
  681  of this state but who has been designated as a sexual predator,
  682  as a sexually violent predator, or by another sexual offender
  683  designation in another state or jurisdiction and was, as a
  684  result of such designation, subjected to registration or
  685  community or public notification, or both, or would be if the
  686  person were a resident of that state or jurisdiction, without
  687  regard as to whether the person otherwise meets the criteria for
  688  registration as a sexual offender.
  689         Section 15. For the purpose of incorporating the amendment
  690  made by this act to section 775.08435, Florida Statutes, in a
  691  reference thereto, paragraph (m) of subsection (1) of section
  692  924.07, Florida Statutes, is reenacted to read:
  693         924.07 Appeal by state.—
  694         (1) The state may appeal from:
  695         (m) An order withholding adjudication of guilt in violation
  696  of s. 775.08435.
  697         Section 16. This act shall take effect July 1, 2016.