ENROLLED
       2021 Legislature            CS for CS for SB 1826, 2nd Engrossed
       
       
       
       
       
       
                                                             20211826er
    1  
    2         An act relating to human trafficking; creating s.
    3         90.5037, F.S.; providing definitions; providing that a
    4         communication between a human trafficking victim
    5         advocate or trained volunteer and a human trafficking
    6         victim is confidential in certain circumstances;
    7         specifying what the privilege encompasses; specifying
    8         who may claim the privilege; amending s. 787.06, F.S.;
    9         revising the definitions of the terms “human
   10         trafficking” and “obtain”; prohibiting a person from
   11         engaging in specified criminal acts relating to human
   12         trafficking with an adult believed to be a child
   13         younger than 18 years of age; providing criminal
   14         penalties; encouraging each state attorney to adopt a
   15         pro-prosecution policy for acts of human trafficking;
   16         amending s. 943.0583, F.S.; prohibiting a clerk of the
   17         court from charging certain fees for petitions for
   18         expunction of human trafficking victim criminal
   19         history records; providing that a petition seeking
   20         expunction of more than one case is a single petition;
   21         deleting a requirement that a petitioner under this
   22         section have no other expunction or any sealing
   23         petitions pending; amending s. 948.30, F.S.; requiring
   24         a court to impose specified conditions on probationers
   25         or community controllees who are placed under
   26         supervision for committing a specified human
   27         trafficking offense on or after a certain date;
   28         requiring a court to impose specified conditions on
   29         probationers or community controllees who are placed
   30         on community control or sex offender probation for
   31         committing a specified human trafficking offense on or
   32         after a certain date; reenacting ss. 39.01305(3),
   33         464.013(3)(c), 775.21(4)(a), 943.0435(1)(h),
   34         943.0583(1)(a), and 944.606(1)(f), F.S., relating to
   35         appointment of an attorney for a dependent child with
   36         certain special needs, renewal of license or
   37         certificate, the Florida Sexual Predators Act, sexual
   38         offenders required to register with the department and
   39         penalties, human trafficking victim expunction, and
   40         sexual offenders and notification upon release,
   41         respectively, to incorporate the amendment made to s.
   42         787.06, F.S., in references thereto; providing an
   43         effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 90.5037, Florida Statutes, is created to
   48  read:
   49         90.5037 Human trafficking victim advocate-victim
   50  privilege.—
   51         (1) For purposes of this section, the term:
   52         (a) “Anti-human trafficking organization” means a
   53  registered public or private agency that offers assistance to
   54  victims of the offense of human trafficking, as defined in s.
   55  787.06(2).
   56         (b) “Human trafficking victim” means a person who consults
   57  a human trafficking victim advocate or a trained volunteer for
   58  the purpose of securing advice, counseling, or services
   59  concerning a need arising from an experience of human
   60  trafficking exploitation.
   61         (c) “Human trafficking victim advocate” means an employee
   62  of an anti-human trafficking organization whose primary purpose
   63  is to provide advice, counseling, or services to human
   64  trafficking victims and who complies with the training
   65  requirements under subsection (5).
   66         (d) “Trained volunteer” means a person who volunteers with
   67  an anti-human trafficking organization and who complies with the
   68  training requirements under subsection (5).
   69         (2) A communication between a human trafficking victim
   70  advocate or trained volunteer and a human trafficking victim is
   71  confidential if it is not intended to be disclosed to third
   72  persons other than:
   73         (a) Those persons present to further the interest of the
   74  human trafficking victim in the consultation, examination, or
   75  interview.
   76         (b) Those persons necessary for the transmission of the
   77  communication.
   78         (c) Those persons to whom disclosure is reasonably
   79  necessary to accomplish the purposes for which the human
   80  trafficking victim advocate or trained volunteer is consulted.
   81         (3) A human trafficking victim has a privilege to refuse to
   82  disclose, and to prevent any other person from disclosing, a
   83  confidential communication made by the human trafficking victim
   84  to a human trafficking victim advocate or trained volunteer or a
   85  record made in the course of advising, counseling, or providing
   86  services to the human trafficking victim. Such confidential
   87  communication or record may be disclosed only with the prior
   88  written consent of the human trafficking victim. This privilege
   89  includes any advice given by the human trafficking victim
   90  advocate or trained volunteer to the human trafficking victim in
   91  the course of that relationship.
   92         (4) The privilege may be claimed by:
   93         (a) The human trafficking victim or the human trafficking
   94  victim’s attorney on his or her behalf.
   95         (b) The guardian or conservator of the human trafficking
   96  victim.
   97         (c) The personal representative of a deceased human
   98  trafficking victim.
   99         (d) The human trafficking victim advocate or trained
  100  volunteer, but only on behalf of the human trafficking victim.
  101  The authority of a human trafficking victim advocate or trained
  102  volunteer to claim the privilege is presumed in the absence of
  103  evidence to the contrary.
  104         (5) A human trafficking victim advocate or a trained
  105  volunteer shall:
  106         (a) Complete 24 hours of human trafficking training
  107  delivered by the Office of the Attorney General, the Bureau of
  108  Criminal Justice Programs and Victim Services, and the Florida
  109  Crime Prevention Training Institute.
  110         (b) Within 3 years after completing the training required
  111  under paragraph (a), complete an 8-hour human trafficking update
  112  course.
  113         Section 2. Paragraphs (d) and (g) of subsection (2) and
  114  paragraphs (a), (c), (e), (f), and (g) of subsection (3) of
  115  section 787.06, Florida Statutes, are amended, and subsection
  116  (12) is added to that section, to read:
  117         787.06 Human trafficking.—
  118         (2) As used in this section, the term:
  119         (d) “Human trafficking” means transporting, soliciting,
  120  recruiting, harboring, providing, enticing, maintaining,
  121  purchasing, patronizing, procuring, or obtaining another person
  122  for the purpose of exploitation of that person.
  123         (g) “Obtain” means, in relation to labor, commercial sexual
  124  activity, or services, to receive, take possession of, or take
  125  custody of another person or secure performance thereof.
  126         (3) Any person who knowingly, or in reckless disregard of
  127  the facts, engages in human trafficking, or attempts to engage
  128  in human trafficking, or benefits financially by receiving
  129  anything of value from participation in a venture that has
  130  subjected a person to human trafficking:
  131         (a)1. For labor or services of any child younger than 18
  132  years of under the age or an adult believed by the person to be
  133  a child younger than of 18 years of age commits a felony of the
  134  first degree, punishable as provided in s. 775.082, s. 775.083,
  135  or s. 775.084.
  136         2. Using coercion for labor or services of an adult commits
  137  a felony of the first degree, punishable as provided in s.
  138  775.082, s. 775.083, or s. 775.084.
  139         (c)1. For labor or services of any child younger than 18
  140  years of under the age or an adult believed by the person to be
  141  a child younger than of 18 years of age who is an unauthorized
  142  alien commits a felony of the first degree, punishable as
  143  provided in s. 775.082, s. 775.083, or s. 775.084.
  144         2. Using coercion for labor or services of an adult who is
  145  an unauthorized alien commits a felony of the first degree,
  146  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  147         (e)1. For labor or services who does so by the transfer or
  148  transport of any child younger than 18 years of under the age or
  149  an adult believed by the person to be a child younger than of 18
  150  years of age from outside this state to within this the state
  151  commits a felony of the first degree, punishable as provided in
  152  s. 775.082, s. 775.083, or s. 775.084.
  153         2. Using coercion for labor or services who does so by the
  154  transfer or transport of an adult from outside this state to
  155  within this the state commits a felony of the first degree,
  156  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  157         (f)1. For commercial sexual activity who does so by the
  158  transfer or transport of any child younger than 18 years of
  159  under the age or an adult believed by the person to be a child
  160  younger than of 18 years of age from outside this state to
  161  within this the state commits a felony of the first degree,
  162  punishable by imprisonment for a term of years not exceeding
  163  life, or as provided in s. 775.082, s. 775.083, or s. 775.084.
  164         2. Using coercion for commercial sexual activity who does
  165  so by the transfer or transport of an adult from outside this
  166  state to within this the state commits a felony of the first
  167  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  168  775.084.
  169         (g) For commercial sexual activity in which any child
  170  younger than 18 years of under the age or an adult believed by
  171  the person to be a child younger than of 18 years of age, or in
  172  which any person who is mentally defective or mentally
  173  incapacitated as those terms are defined in s. 794.011(1), is
  174  involved commits a life felony, punishable as provided in s.
  175  775.082(3)(a)6., s. 775.083, or s. 775.084.
  176  
  177  For each instance of human trafficking of any individual under
  178  this subsection, a separate crime is committed and a separate
  179  punishment is authorized.
  180         (12) The Legislature encourages each state attorney to
  181  adopt a pro-prosecution policy for human trafficking offenses,
  182  as provided in this section. After consulting the victim, or
  183  making a good faith attempt to consult the victim, the state
  184  attorney shall determine the filing, nonfiling, or diversion of
  185  criminal charges even in circumstances when there is no
  186  cooperation from a victim or over the objection of the victim,
  187  if necessary.
  188         Section 3. Subsections (2) and (3) and paragraph (a) of
  189  subsection (6) of section 943.0583, Florida Statutes, are
  190  amended to read:
  191         943.0583 Human trafficking victim expunction.—
  192         (2) Notwithstanding any other provision of law, upon the
  193  filing of a petition as provided in this section, any court in
  194  the circuit in which the petitioner was arrested, so long as the
  195  court has jurisdiction over the class of offense or offenses
  196  sought to be expunged, may order a criminal justice agency to
  197  expunge the criminal history record of a victim of human
  198  trafficking who complies with the requirements of this section.
  199  A petition need not be filed in the court where the petitioner’s
  200  criminal proceeding or proceedings originally occurred. This
  201  section does not confer any right to the expunction of any
  202  criminal history record, and any request for expunction of a
  203  criminal history record may be denied at the discretion of the
  204  court. The clerk of the court may not charge a filing fee,
  205  service charge, or copy fee or any other charge for a petition
  206  filed under this section. The clerk of the court shall treat a
  207  petition seeking to expunge more than one eligible case as a
  208  single petition.
  209         (3) A person who is a victim of human trafficking may
  210  petition for the expunction of a criminal history record
  211  resulting from the arrest or filing of charges for one or more
  212  offenses an offense committed or reported to have been committed
  213  while the person was a victim of human trafficking, which
  214  offense was committed or reported to have been committed as a
  215  part of the human trafficking scheme of which the person was a
  216  victim or at the direction of an operator of the scheme,
  217  including, but not limited to, violations under chapters 796 and
  218  847, without regard to the disposition of the arrest or of any
  219  charges. However, this section does not apply to any offense
  220  listed in s. 775.084(1)(b)1. Determination of the petition under
  221  this section should be by a preponderance of the evidence. A
  222  conviction expunged under this section is deemed to have been
  223  vacated due to a substantive defect in the underlying criminal
  224  proceedings. If a person is adjudicated not guilty by reason of
  225  insanity or is found to be incompetent to stand trial for any
  226  such charge, the expunction of the criminal history record may
  227  not prevent the entry of the judgment or finding in state and
  228  national databases for use in determining eligibility to
  229  purchase or possess a firearm or to carry a concealed firearm,
  230  as authorized in s. 790.065(2)(a)4.c. and 18 U.S.C. s. 922(t),
  231  nor shall it prevent any governmental agency that is authorized
  232  by state or federal law to determine eligibility to purchase or
  233  possess a firearm or to carry a concealed firearm from accessing
  234  or using the record of the judgment or finding in the course of
  235  such agency’s official duties.
  236         (6) Each petition to a court to expunge a criminal history
  237  record is complete only when accompanied by:
  238         (a) The petitioner’s sworn statement attesting that the
  239  petitioner is eligible for such an expunction to the best of his
  240  or her knowledge or belief and does not have any other petition
  241  to expunge or any petition to seal pending before any court.
  242  
  243  Any person who knowingly provides false information on such
  244  sworn statement to the court commits a felony of the third
  245  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  246  775.084.
  247         Section 4. Subsections (1) and (2) of section 948.30,
  248  Florida Statutes, are amended to read:
  249         948.30 Additional terms and conditions of probation or
  250  community control for certain sex offenses.—Conditions imposed
  251  pursuant to this section do not require oral pronouncement at
  252  the time of sentencing and shall be considered standard
  253  conditions of probation or community control for offenders
  254  specified in this section.
  255         (1) Effective for probationers or community controllees
  256  whose crime was committed on or after October 1, 1995, and who
  257  are placed under supervision for a violation of chapter 794, s.
  258  800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose
  259  crime was committed on or after July 1, 2021, and who are placed
  260  under supervision for a violation of s. 787.06(3)(b), (d), (f),
  261  or (g), the court must impose the following conditions in
  262  addition to all other standard and special conditions imposed:
  263         (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may
  264  designate another 8-hour period if the offender’s employment
  265  precludes the above specified time, and the alternative is
  266  recommended by the Department of Corrections. If the court
  267  determines that imposing a curfew would endanger the victim, the
  268  court may consider alternative sanctions.
  269         (b) If the victim was under the age of 18, a prohibition on
  270  living within 1,000 feet of a school, child care facility, park,
  271  playground, or other place where children regularly congregate,
  272  as prescribed by the court. The 1,000-foot distance shall be
  273  measured in a straight line from the offender’s place of
  274  residence to the nearest boundary line of the school, child care
  275  facility, park, playground, or other place where children
  276  congregate. The distance may not be measured by a pedestrian
  277  route or automobile route. A probationer or community controllee
  278  who is subject to this paragraph may not be forced to relocate
  279  and does not violate his or her probation or community control
  280  if he or she is living in a residence that meets the
  281  requirements of this paragraph and a school, child care
  282  facility, park, playground, or other place where children
  283  regularly congregate is subsequently established within 1,000
  284  feet of his or her residence.
  285         (c) Active participation in and successful completion of a
  286  sex offender treatment program with qualified practitioners
  287  specifically trained to treat sex offenders, at the
  288  probationer’s or community controllee’s own expense. If a
  289  qualified practitioner is not available within a 50-mile radius
  290  of the probationer’s or community controllee’s residence, the
  291  offender shall participate in other appropriate therapy.
  292         (d) A prohibition on any contact with the victim, directly
  293  or indirectly, including through a third person, unless approved
  294  by the victim, a qualified practitioner in the sexual offender
  295  treatment program, and the sentencing court.
  296         (e) If the victim was under the age of 18, a prohibition on
  297  contact with a child under the age of 18 except as provided in
  298  this paragraph. The court may approve supervised contact with a
  299  child under the age of 18 if the approval is based upon a
  300  recommendation for contact issued by a qualified practitioner
  301  who is basing the recommendation on a risk assessment. Further,
  302  the sex offender must be currently enrolled in or have
  303  successfully completed a sex offender therapy program. The court
  304  may not grant supervised contact with a child if the contact is
  305  not recommended by a qualified practitioner and may deny
  306  supervised contact with a child at any time. When considering
  307  whether to approve supervised contact with a child, the court
  308  must review and consider the following:
  309         1. A risk assessment completed by a qualified practitioner.
  310  The qualified practitioner must prepare a written report that
  311  must include the findings of the assessment and address each of
  312  the following components:
  313         a. The sex offender’s current legal status;
  314         b. The sex offender’s history of adult charges with
  315  apparent sexual motivation;
  316         c. The sex offender’s history of adult charges without
  317  apparent sexual motivation;
  318         d. The sex offender’s history of juvenile charges, whenever
  319  available;
  320         e. The sex offender’s offender treatment history, including
  321  consultations with the sex offender’s treating, or most recent
  322  treating, therapist;
  323         f. The sex offender’s current mental status;
  324         g. The sex offender’s mental health and substance abuse
  325  treatment history as provided by the Department of Corrections;
  326         h. The sex offender’s personal, social, educational, and
  327  work history;
  328         i. The results of current psychological testing of the sex
  329  offender if determined necessary by the qualified practitioner;
  330         j. A description of the proposed contact, including the
  331  location, frequency, duration, and supervisory arrangement;
  332         k. The child’s preference and relative comfort level with
  333  the proposed contact, when age appropriate;
  334         l. The parent’s or legal guardian’s preference regarding
  335  the proposed contact; and
  336         m. The qualified practitioner’s opinion, along with the
  337  basis for that opinion, as to whether the proposed contact would
  338  likely pose significant risk of emotional or physical harm to
  339  the child.
  340  
  341  The written report of the assessment must be given to the court;
  342         2. A recommendation made as a part of the risk assessment
  343  report as to whether supervised contact with the child should be
  344  approved;
  345         3. A written consent signed by the child’s parent or legal
  346  guardian, if the parent or legal guardian is not the sex
  347  offender, agreeing to the sex offender having supervised contact
  348  with the child after receiving full disclosure of the sex
  349  offender’s present legal status, past criminal history, and the
  350  results of the risk assessment. The court may not approve
  351  contact with the child if the parent or legal guardian refuses
  352  to give written consent for supervised contact;
  353         4. A safety plan prepared by the qualified practitioner,
  354  who provides treatment to the offender, in collaboration with
  355  the sex offender, the child’s parent or legal guardian, if the
  356  parent or legal guardian is not the sex offender, and the child,
  357  when age appropriate, which details the acceptable conditions of
  358  contact between the sex offender and the child. The safety plan
  359  must be reviewed and approved by the court; and
  360         5. Evidence that the child’s parent or legal guardian
  361  understands the need for and agrees to the safety plan and has
  362  agreed to provide, or to designate another adult to provide,
  363  constant supervision any time the child is in contact with the
  364  offender.
  365  
  366  The court may not appoint a person to conduct a risk assessment
  367  and may not accept a risk assessment from a person who has not
  368  demonstrated to the court that he or she has met the
  369  requirements of a qualified practitioner as defined in this
  370  section.
  371         (f) If the victim was under age 18, a prohibition on
  372  working for pay or as a volunteer at any place where children
  373  regularly congregate, including, but not limited to, schools,
  374  child care facilities, parks, playgrounds, pet stores,
  375  libraries, zoos, theme parks, and malls.
  376         (g) Unless otherwise indicated in the treatment plan
  377  provided by a qualified practitioner in the sexual offender
  378  treatment program, a prohibition on viewing, accessing, owning,
  379  or possessing any obscene, pornographic, or sexually stimulating
  380  visual or auditory material, including telephone, electronic
  381  media, computer programs, or computer services that are relevant
  382  to the offender’s deviant behavior pattern.
  383         (h) Effective for probationers and community controllees
  384  whose crime is committed on or after July 1, 2005, a prohibition
  385  on accessing the Internet or other computer services until a
  386  qualified practitioner in the offender’s sex offender treatment
  387  program, after a risk assessment is completed, approves and
  388  implements a safety plan for the offender’s accessing or using
  389  the Internet or other computer services.
  390         (i) A requirement that the probationer or community
  391  controllee must submit a specimen of blood or other approved
  392  biological specimen to the Department of Law Enforcement to be
  393  registered with the DNA data bank.
  394         (j) A requirement that the probationer or community
  395  controllee make restitution to the victim, as ordered by the
  396  court under s. 775.089, for all necessary medical and related
  397  professional services relating to physical, psychiatric, and
  398  psychological care.
  399         (k) Submission to a warrantless search by the community
  400  control or probation officer of the probationer’s or community
  401  controllee’s person, residence, or vehicle.
  402         (2) Effective for a probationer or community controllee
  403  whose crime was committed on or after October 1, 1997, and who
  404  is placed on community control or sex offender probation for a
  405  violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
  406  or s. 847.0145, or whose crime was committed on or after July 1,
  407  2021, and who is placed on community control or sex offender
  408  probation for a violation of s. 787.06(3)(b), (d), (f), or (g),
  409  in addition to any other provision of this section, the court
  410  must impose the following conditions of probation or community
  411  control:
  412         (a) As part of a treatment program, participation at least
  413  annually in polygraph examinations to obtain information
  414  necessary for risk management and treatment and to reduce the
  415  sex offender’s denial mechanisms. A polygraph examination must
  416  be conducted by a polygrapher who is a member of a national or
  417  state polygraph association and who is certified as a
  418  postconviction sex offender polygrapher, where available, and
  419  shall be paid for by the probationer or community controllee.
  420  The results of the polygraph examination shall be provided to
  421  the probationer’s or community controllee’s probation officer
  422  and qualified practitioner and shall not be used as evidence in
  423  court to prove that a violation of community supervision has
  424  occurred.
  425         (b) Maintenance of a driving log and a prohibition against
  426  driving a motor vehicle alone without the prior approval of the
  427  supervising officer.
  428         (c) A prohibition against obtaining or using a post office
  429  box without the prior approval of the supervising officer.
  430         (d) If there was sexual contact, a submission to, at the
  431  probationer’s or community controllee’s expense, an HIV test
  432  with the results to be released to the victim or the victim’s
  433  parent or guardian.
  434         (e) Electronic monitoring when deemed necessary by the
  435  community control or probation officer and his or her
  436  supervisor, and ordered by the court at the recommendation of
  437  the Department of Corrections.
  438         Section 5. For the purpose of incorporating the amendment
  439  made by this act to section 787.06, Florida Statutes, in a
  440  reference thereto, subsection (3) of section 39.01305, Florida
  441  Statutes, is reenacted to read:
  442         39.01305 Appointment of an attorney for a dependent child
  443  with certain special needs.—
  444         (3) An attorney shall be appointed for a dependent child
  445  who:
  446         (a) Resides in a skilled nursing facility or is being
  447  considered for placement in a skilled nursing home;
  448         (b) Is prescribed a psychotropic medication but declines
  449  assent to the psychotropic medication;
  450         (c) Has a diagnosis of a developmental disability as
  451  defined in s. 393.063;
  452         (d) Is being placed in a residential treatment center or
  453  being considered for placement in a residential treatment
  454  center; or
  455         (e) Is a victim of human trafficking as defined in s.
  456  787.06(2)(d).
  457         Section 6. For the purpose of incorporating the amendment
  458  made by this act to section 787.06, Florida Statutes, in a
  459  reference thereto, paragraph (c) of subsection (3) of section
  460  464.013, Florida Statutes, is reenacted to read:
  461         464.013 Renewal of license or certificate.—
  462         (3) The board shall by rule prescribe up to 30 hours of
  463  continuing education biennially as a condition for renewal of a
  464  license or certificate.
  465         (c) Notwithstanding the exemption in paragraph (a), as part
  466  of the maximum biennial continuing education hours required
  467  under this subsection, the board shall require each person
  468  licensed or certified under this chapter to complete a 2-hour
  469  continuing education course on human trafficking, as defined in
  470  s. 787.06(2). The continuing education course must consist of
  471  data and information on the types of human trafficking, such as
  472  labor and sex, and the extent of human trafficking; factors that
  473  place a person at greater risk of being a victim of human
  474  trafficking; public and private social services available for
  475  rescue, food, clothing, and shelter referrals; hotlines for
  476  reporting human trafficking which are maintained by the National
  477  Human Trafficking Resource Center and the United States
  478  Department of Homeland Security; validated assessment tools for
  479  identifying a human trafficking victim and general indicators
  480  that a person may be a victim of human trafficking; procedures
  481  for sharing information related to human trafficking with a
  482  patient; and referral options for legal and social services. All
  483  licensees must complete this course for every biennial licensure
  484  renewal on or after January 1, 2019.
  485         Section 7. For the purpose of incorporating the amendment
  486  made by this act to section 787.06, Florida Statutes, in a
  487  reference thereto, paragraph (a) of subsection (4) of section
  488  775.21, Florida Statutes, is reenacted to read:
  489         775.21 The Florida Sexual Predators Act.—
  490         (4) SEXUAL PREDATOR CRITERIA.—
  491         (a) For a current offense committed on or after October 1,
  492  1993, upon conviction, an offender shall be designated as a
  493  “sexual predator” under subsection (5), and subject to
  494  registration under subsection (6) and community and public
  495  notification under subsection (7) if:
  496         1. The felony is:
  497         a. A capital, life, or first degree felony violation, or
  498  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  499  is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
  500  violation of a similar law of another jurisdiction; or
  501         b. Any felony violation, or any attempt thereof, of s.
  502  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  503  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  504  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  505  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  506  s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
  507  847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
  508  the court makes a written finding that the racketeering activity
  509  involved at least one sexual offense listed in this sub
  510  subparagraph or at least one offense listed in this sub
  511  subparagraph with sexual intent or motive; s. 916.1075(2); or s.
  512  985.701(1); or a violation of a similar law of another
  513  jurisdiction, and the offender has previously been convicted of
  514  or found to have committed, or has pled nolo contendere or
  515  guilty to, regardless of adjudication, any violation of s.
  516  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  517  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  518  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  519  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  520  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  521  excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
  522  makes a written finding that the racketeering activity involved
  523  at least one sexual offense listed in this sub-subparagraph or
  524  at least one offense listed in this sub-subparagraph with sexual
  525  intent or motive; s. 916.1075(2); or s. 985.701(1); or a
  526  violation of a similar law of another jurisdiction;
  527         2. The offender has not received a pardon for any felony or
  528  similar law of another jurisdiction that is necessary for the
  529  operation of this paragraph; and
  530         3. A conviction of a felony or similar law of another
  531  jurisdiction necessary to the operation of this paragraph has
  532  not been set aside in any postconviction proceeding.
  533         Section 8. For the purpose of incorporating the amendment
  534  made by this act to section 787.06, Florida Statutes, in
  535  references thereto, paragraph (h) of subsection (1) of section
  536  943.0435, Florida Statutes, is reenacted to read:
  537         943.0435 Sexual offenders required to register with the
  538  department; penalty.—
  539         (1) As used in this section, the term:
  540         (h)1. “Sexual offender” means a person who meets the
  541  criteria in sub-subparagraph a., sub-subparagraph b., sub
  542  subparagraph c., or sub-subparagraph d., as follows:
  543         a.(I) Has been convicted of committing, or attempting,
  544  soliciting, or conspiring to commit, any of the criminal
  545  offenses proscribed in the following statutes in this state or
  546  similar offenses in another jurisdiction: s. 393.135(2); s.
  547  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  548  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  549  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  550  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  551  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  552  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  553  s. 895.03, if the court makes a written finding that the
  554  racketeering activity involved at least one sexual offense
  555  listed in this sub-sub-subparagraph or at least one offense
  556  listed in this sub-sub-subparagraph with sexual intent or
  557  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  558  committed in this state which has been redesignated from a
  559  former statute number to one of those listed in this sub-sub
  560  subparagraph; and
  561         (II) Has been released on or after October 1, 1997, from
  562  the sanction imposed for any conviction of an offense described
  563  in sub-sub-subparagraph (I). For purposes of sub-sub
  564  subparagraph (I), a sanction imposed in this state or in any
  565  other jurisdiction includes, but is not limited to, a fine,
  566  probation, community control, parole, conditional release,
  567  control release, or incarceration in a state prison, federal
  568  prison, private correctional facility, or local detention
  569  facility;
  570         b. Establishes or maintains a residence in this state and
  571  who has not been designated as a sexual predator by a court of
  572  this state but who has been designated as a sexual predator, as
  573  a sexually violent predator, or by another sexual offender
  574  designation in another state or jurisdiction and was, as a
  575  result of such designation, subjected to registration or
  576  community or public notification, or both, or would be if the
  577  person were a resident of that state or jurisdiction, without
  578  regard to whether the person otherwise meets the criteria for
  579  registration as a sexual offender;
  580         c. Establishes or maintains a residence in this state who
  581  is in the custody or control of, or under the supervision of,
  582  any other state or jurisdiction as a result of a conviction for
  583  committing, or attempting, soliciting, or conspiring to commit,
  584  any of the criminal offenses proscribed in the following
  585  statutes or similar offense in another jurisdiction: s.
  586  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  587  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  588  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  589  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  590  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  591  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  592  s. 847.0145; s. 895.03, if the court makes a written finding
  593  that the racketeering activity involved at least one sexual
  594  offense listed in this sub-subparagraph or at least one offense
  595  listed in this sub-subparagraph with sexual intent or motive; s.
  596  916.1075(2); or s. 985.701(1); or any similar offense committed
  597  in this state which has been redesignated from a former statute
  598  number to one of those listed in this sub-subparagraph; or
  599         d. On or after July 1, 2007, has been adjudicated
  600  delinquent for committing, or attempting, soliciting, or
  601  conspiring to commit, any of the criminal offenses proscribed in
  602  the following statutes in this state or similar offenses in
  603  another jurisdiction when the juvenile was 14 years of age or
  604  older at the time of the offense:
  605         (I) Section 794.011, excluding s. 794.011(10);
  606         (II) Section 800.04(4)(a)2. where the victim is under 12
  607  years of age or where the court finds sexual activity by the use
  608  of force or coercion;
  609         (III) Section 800.04(5)(c)1. where the court finds
  610  molestation involving unclothed genitals;
  611         (IV) Section 800.04(5)(d) where the court finds the use of
  612  force or coercion and unclothed genitals; or
  613         (V) Any similar offense committed in this state which has
  614  been redesignated from a former statute number to one of those
  615  listed in this sub-subparagraph.
  616         2. For all qualifying offenses listed in sub-subparagraph
  617  1.d., the court shall make a written finding of the age of the
  618  offender at the time of the offense.
  619  
  620  For each violation of a qualifying offense listed in this
  621  subsection, except for a violation of s. 794.011, the court
  622  shall make a written finding of the age of the victim at the
  623  time of the offense. For a violation of s. 800.04(4), the court
  624  shall also make a written finding indicating whether the offense
  625  involved sexual activity and indicating whether the offense
  626  involved force or coercion. For a violation of s. 800.04(5), the
  627  court shall also make a written finding that the offense did or
  628  did not involve unclothed genitals or genital area and that the
  629  offense did or did not involve the use of force or coercion.
  630         Section 9. For the purpose of incorporating the amendment
  631  made by this act to section 787.06, Florida Statutes, in a
  632  reference thereto, paragraph (a) of subsection (1) of section
  633  943.0583, Florida Statutes, is reenacted to read:
  634         943.0583 Human trafficking victim expunction.—
  635         (1) As used in this section, the term:
  636         (a) “Human trafficking” has the same meaning as provided in
  637  s. 787.06.
  638         Section 10. For the purpose of incorporating the amendment
  639  made by this act to section 787.06, Florida Statutes, in a
  640  reference thereto, paragraph (f) of subsection (1) of section
  641  944.606, Florida Statutes, is reenacted to read:
  642         944.606 Sexual offenders; notification upon release.—
  643         (1) As used in this section, the term:
  644         (f) “Sexual offender” means a person who has been convicted
  645  of committing, or attempting, soliciting, or conspiring to
  646  commit, any of the criminal offenses proscribed in the following
  647  statutes in this state or similar offenses in another
  648  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  649  787.02, or s. 787.025(2)(c), where the victim is a minor; s.
  650  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
  651  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
  652  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  653  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  654  847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court
  655  makes a written finding that the racketeering activity involved
  656  at least one sexual offense listed in this paragraph or at least
  657  one offense listed in this paragraph with sexual intent or
  658  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  659  committed in this state which has been redesignated from a
  660  former statute number to one of those listed in this subsection,
  661  when the department has received verified information regarding
  662  such conviction; an offender’s computerized criminal history
  663  record is not, in and of itself, verified information.
  664         Section 11. This act shall take effect July 1, 2021.